Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3, 39396-39399 [2017-17219]
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39396
Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Proposed Rules
(1) The employer name and
identification number;
(2) The reason for the request; and
(3) An explanation, accompanied by
any necessary documentation to support
its explanation, of why VETS’ decision
was incorrect.
(c) VETS may request from the
employer filing such request any
additional evidence or explanation it
finds necessary for reconsideration.
(d) Within thirty business days after
the later of the receipt of the request or
the receipt of any additional evidence or
explanation requested, VETS will issue
a determination about whether to grant
or deny the request.
(e) No additional Department of Labor
review is available.
Subpart G—Record Retention
§ 1011.600 What are the record retention
requirements for the HIRE Vets Medallion
Award?
Applicants must retain a record of all
information used to support an
application for the HIRE Vets Medallion
Award for two years from the date of
application.
J.S. Shellenberger,
Deputy Assistant Secretary for the Veterans’
Employment and Training Service, U.S.
Department of Labor.
[FR Doc. 2017–17249 Filed 8–17–17; 8:45 am]
BILLING CODE 4510–79–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0446; FRL–9966–04–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Colorado; Revisions to Regulation
Number 3
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
a portion of the State Implementation
Plan (SIP) revisions submitted by the
State of Colorado on February 25, 2015.
The revisions are to Colorado Air
Quality Control Commission
(Commission) Regulation Number 3,
Parts A, B and D. The amendments the
EPA is proposing to act on include:
Revisions to provisions for permitting
emissions for particulate matter less
than 2.5 micrograms (PM2.5) in Part D,
modifications to the provisions for filing
revised Air Pollution Emission Notices
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SUMMARY:
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(APEN) in Part A and updates to public
notice publication requirements in Part
B. This action is being taken under
section 110 of the Clean Air Act (CAA).
DATES: Written comments must be
received on or before September 18,
2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2015–0493 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the Web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
What should I consider as I prepare my
comments for the EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
EPA through https://www.regulations.gov
or email. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information in a disk or CD
ROM that you mail to the EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
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Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register volume, date and page
number);
• Follow directions and organize your
comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute
language for your requested changes;
• Describe any assumptions and
provide any technical information and
or data that you used;
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
• Provide specific examples to
illustrate your concerns, and suggest
alternatives;
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and,
• Make sure to submit your
comments by the comment period
deadline identified.
II. Background
Revisions to PM2.5 Significant Impact
Level (SIL) and Significant Monitoring
Concentration (SMC) Provisions
Colorado’s SIP submittal revises the
SIL and SMC provisions for PM2.5 in the
State’s Prevention of Significant
Deterioration (PSD) permitting program.
On January 22, 2013, the United States
Court of Appeals for the District of
Columbia Circuit vacated the SILs for
PM2.5 and allowed the EPA to
reconsider the provisions for SMCs.
Sierra Club v. EPA, 705 F.3d 458 (D.C.
Cir. 2013). On December 9, 2013, the
EPA issued a final rule that removes the
PM2.5 SIL from EPA’s PSD regulations
and revised the threshold for SMCs (78
FR 73698). The EPA set the PM2.5 SMC
concentration at zero micrograms per
cubic meter instead of removing PM2.5
entirely from the SMC provisions
because a zero micrograms per cubic
meter threshold means there is no air
quality impact below which a reviewing
authority has the discretion to exempt a
source from the PM2.5 monitoring
requirements, but that monitoring is still
required. As a result of this court
decision and the EPA’s rulemaking,
Colorado removed the SILs for PM2.5
from Part D, Section V.A.2.c set the
SMC monitoring concentration to zero
in Part D, Section VI.B.3.a(iii).
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Revisions to APEN Reporting
Colorado’s regulations in Part A,
Section II.A. require:
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[N]o person shall allow emissions of air
pollutants from, or construction,
modification or alteration of, any facility,
process, or activity which constitutes a
stationary source, except residential
structures, from which air pollutants are, or
are to be, emitted unless and until an Air
Pollution Emission Notice and the associated
Air Pollution Emission Notice fee has been
filed with the Division with respect to such
emission.
Colorado has revised its APEN
reporting requirements to clarify when a
revised APEN is required due to a
significant change in annual actual
emissions. The revision would clarify
that the thresholds for determining
significant changes are based on
individual emission units, not facilitywide, actual emissions on a pollutantby-pollutant basis. For example, an
APEN reporting 150 tons per year (tpy)
of carbon monoxide (CO) and 10 tpy of
PM2.5 would need to update CO
emissions using the ‘‘one hundred tpy
or more’’ threshold in Part A, Section
II.C.2.b.(iii), and update PM2.5 emissions
using the ‘‘less than one hundred tpy’’
threshold in Part A, Section II.C.2.b.(i).
Without this proposed clarification
(actual emissions on a pollutant-bypollutant basis) a significant change was
based on the source’s aggregate annual
actual emissions, which required
sources to file revised APENs more
often.
Colorado has also revised Part A,
Section II.C.b(i)–(iii), Section II.C.4.a.
and b. to clarify that APENs filed solely
to update an expired APEN, change the
owner or operator, or report a significant
change in emissions need only report
actual annual emissions (which is the
equivalent of controlled emissions if the
source utilizes emission control
equipment). APENs filed to update
control equipment or modify a permit
limitation would continue to report both
uncontrolled actual and controlled
actual emissions. This revision
simplifies and streamlines the
requirements for filing revised APENs,
because the source’s actual annual
emissions are the relevant information
for inventory and fee purposes when
reporting past years’ emissions or
reporting significant changes in annual
actual emissions.
Revisions to Public Notice Requirements
Colorado has revised its provisions for
public notice of a minor source permit
application to update the publication
requirements in Part B, Section III.C.4.
Regulation 3 in the SIP requires the
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State to publish public notice of certain
proposed minor source construction
permit applications, including sources
that apply for a permit to limit the
potential to emit criteria pollutants, in
a newspaper of general distribution in
the area where the proposed project will
be located or by other such method
reasonably designed to ensure effective
public notice. Recently, Colorado has
found that some areas where
construction permitting projects require
public notice are proposed no longer
have newspapers of general circulation.
Therefore, in order to provide effective
public notice, Colorado has revised its
minor source public notice publication
requirements to include other means
authorized by state statute and federal
regulation that are designed to provide
public notice of the applicable
permitting action. Further, by utilizing
other means of public notice such as the
State Web site, Colorado will provide
broader notice for a longer timeframe
than a one-day publication in a
newspaper.
III. What are the changes that EPA is
proposing to approve?
Under CAA section 110(l), EPA
cannot approve a SIP revision that
interferes with any requirement
concerning attainment, reasonable
further progress, or any other applicable
requirement of the Act. The February
25, 2015 revisions to Regulation 3 Part
D, Section VI.A.2.c and VI.B.3.a.(iii) of
the Colorado SIP would not interfere
with the applicable requirements of the
Act. The revisions to the PSD program
in Part D, Regulation 3 comply with the
requirements of 40 CFR 51.166 as
revised by the EPA in response to the
D.C. Circuit Court of Appeals decision
regarding PM2.5 SILs and SMCs. See 78
FR 73698. This proposal is limited to
the revisions pertaining to PM2.5; we are
not proposing to re-approve any existing
provisions in the Colorado SIP regarding
source impact analysis and ambient
monitoring. As the revisions removing
PM2.5 SILs and SMCs are in accordance
with the EPA’s 2013 removal of PM2.5
SILs and SMCs from 40 CFR 51.166 and
the revisions strengthen the SIP, we are
proposing to approve the revisions. We
are also proposing to approve the
conforming change to the introductory
statement in VI.A.2., which includes the
deletion of the phrase at the end of the
sentence (‘‘, as clarified for any relevant
air pollutant in Section VI.A.2.c.:’’). The
revisions to Part A, Section II.C.b(i)–
(iii), Section II.C.4.a. and b. comply with
section 110(l) because the revisions are
limited to the filing of revised APENs
that are designed to update Colorado’s
emissions inventory or used to calculate
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39397
emissions fees. The revisions to the
public notice minor source permitting
requirements comply with section 110(l)
because as discussed below, we propose
to interpret that revisions are consistent
with our regulations and guidance.
Colorado’s February 25, 2015
submittal also revises its APEN
requirements. The APEN revisions in
Part A clarify that, for purposes of filing
a revised APEN, the thresholds for
determining significant changes are
based on the emission unit’s actual
emissions on a pollutant-by-pollutant
basis, not total facility-wide emissions.
These revisions also clarify that APENs
filed for the following purposes need
only report actual emissions: Solely to
update an APEN before it expires;
change in the owner or operator of any
facility, process of activity; or report a
significant change in emissions. APENs
filed to update control equipment or
modify a permit limitation would
continue to report both uncontrolled
actual and controlled actual emissions.
The revisions to Part A, Section
II.C.2.b(i)–(iii), Section II.C.4.a. and b
streamline the requirements for filing
revised APENs because the sources
actual annual emissions is the relevant
information for emissions inventory and
fee purposes.
The CAA contains three programs
governing construction of new and
modified stationary sources, collectively
referred to as new source review (NSR):
Minor NSR, PSD, and nonattainment
NSR.1 The revisions in the February 25,
2015 submittal to the public notice
requirements in Regulation 3, Part B,
Section III.C.4 apply only to the minor
NSR program. They do not apply to the
PSD and nonattainment NSR permit
programs, which have separate public
notice requirements in Regulation 3,
Part D, Section IV.A.
Requirements for the minor NSR
program are provided in 40 CFR 51.160
to 51.164. With respect to public notice
of minor NSR approvals, the state must
provide ‘‘a notice by prominent
advertisement in the area affected.’’ 40
CFR 51.161(b)(3). On April 17, 2012, the
EPA issued a guidance memorandum
stating that we intended to interpret
‘‘prominent advertisement’’ in a medianeutral fashion.2 The memorandum
explained that states could meet the
requirement by publication of the notice
1 For a detailed discussion of the three programs,
please see (for example) 76 FR 38748 (July 1, 2011).
2 Memorandum from Janet McCabe, Principal
Deputy Assistant Administrator, Office of Air and
Radiation, to Regional Administrators, entitled
‘‘Minor New Source Review Program Public Notice
Requirements under 40 CFR 51.161(b)(3) (Apr. 17,
2012), available at https://www.epa.gov/sites/
production/files/2015–07/documents/pubnot.pdf.
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in appropriate newspaper, or could opt
to publish the notice using other media
so long as it would be reasonable to
conclude that the public would have
routine and ready access to the
alternative publishing venue and the
use of the alternative venue would be
consistent with the state’s law or SIP.3
On October 18, 2016 (81 FR 71613)
the EPA revised the public notice
requirements for Clean Air Act
permitting programs.4 In the 2016 final
action, the EPA also revised the April
17, 2012 interpretation of ‘‘prominent
advertisement’’ in 40 CFR 51.161(b)(3)
for the minor NSR program by
extending it to ‘‘synthetic minor’’
permits, that is, permits that contain
legally and practically enforceable
restrictions that result in the source not
being subject to major NSR
requirements. 81 FR 71617.
In this action, the EPA proposes to
interpret ‘‘prominent advertisement’’ in
similar fashion, that is, as media neutral
and satisfied by any publishing venue to
which it would be reasonable to
conclude the public has routine and
ready access. The February 25, 2015 SIP
revisions require the public notice to be
published in either a newspaper of
general distribution in the area in which
the source is or will be located, or by
other means necessary to assure notice
to the affected public, including posting
notice on the publicly accessible portion
of the Division’s Web site. We propose
to determine that this is adequate as
‘‘prominent advertisement.’’ We are not
proposing to reassess Colorado’s minor
NSR program with respect to public
participation processes generally; we are
only proposing to act on revisions that
affect the publication of the notice
specifically. This proposal is limited to
the revisions as they apply to the SIP
and criteria pollutants; we are not
proposing action on provisions
regarding ‘‘federal hazardous air
pollutants’’ that are covered under
authorities.
For the reasons expressed above, EPA
is proposing to approve revisions to
Regulation 3, Parts A, B and D and
Appendix A from the February 25, 2015
submittal as shown in Table 1 below.
Appendix A was revised as a
conforming change to the APEN
revisions. We are also proposing to
3 Id.
at 1.
EPA also revised requirements for posting
approval documents for public inspection to allow
for posting the documents at a physical location or
on a public Web site identified by the state or local
agency. 81 FR 71629. Colorado’s February 25, 2015
submittal retains (with a minor grammatical
change) the currently approved method of posting
the materials at the county clerk’s office for the
county in which the source is or will be located.
4 The
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approve the renumbering and formatting
changes for the definition of ‘‘emission
unit’’ in Regulation 3, Part D, I.A.13.a.;
and II.A.13.a.(i)–(ii).
TABLE 1—LIST OF COLORADO REVISIONS THAT EPA IS PROPOSING TO
APPROVE
Revised sections in February 10, 2015
submission proposed for approval
Regulation Number 3, Part A:
II.C.2.b.(i)–(iii); and II.C.4.a. and b.
Regulation Number 3, Part B:
III.C.4.
Regulation Number 3, Part D:
I.A.13.a.;
II.A.13.a.(i)–(ii);
VI.A.2.;
VI.A.2.c.; and VI.B.3.a.(iii)
Appendix A
The EPA is not acting on revisions
from Colorado’s February 25, 2015
submittal related to greenhouse gas and
carbon dioxide equivalent (CO2e)
revisions and the associated
renumbering which was a result of
Colorado’s proposed greenhouse gas
revisions in Parts A and D. These
revisions will be acted on in a separate
future rulemaking.
IV. Incorporation by Reference
In this rule, the EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference
the Colorado Air Quality Control
Commission (Commission) Regulation
Number 3, Parts A, B and D discussed
in section III of this preamble. The EPA
has made, and will continue to make,
these documents generally available
electronically through
www.regulations.gov and/or in hard
copy at the appropriate EPA office (see
the ADDRESSES section of this preamble
for more information).
V. Statutory and Executive Orders
Review
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations
(42 U.S.C. 7410(k), 40 CFR 52.02(a)).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves some state law
as meeting federal requirements; this
proposed action does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
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of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Proposed Rules
Dated: July 26, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
information about dockets generally, is
available at https://www.epa.gov/
dockets.
[FR Doc. 2017–17219 Filed 8–17–17; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P?≤
[EPA–HQ–OPP–2015–0683; FRL–9965–54]
Cameo Smoot, Field and External
Affairs Division (7506P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460; (703)
305–5454; email address:
smoot.cameo@epa.gov.
RIN 2070–AK41
I. Executive Summary
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 158
A. Does this action apply to me?
Pesticides; Technical Amendment to
Data Requirements for Antimicrobial
Pesticides
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing a correction
pertaining to the ‘‘200 ppb (parts per
billion) level’’ described in the
antimicrobial pesticides data
requirements regulation to clarify that
the 200 ppb level is based on total
estimated daily dietary intake for an
individual and not on the amount of
residue present on a single food, as is
incorrectly implied by the current
regulatory text. This change is intended
to enhance understanding of the data
required to support an antimicrobial
pesticide registration and does not alter
the burden or costs associated with
these previously-promulgated
requirements. Through this action, EPA
is not proposing any new data
requirements or any other revisions
(substantive or otherwise) to existing
requirements.
DATES: Comments must be received on
or before October 17, 2017.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2015–0683, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on commenting
or visiting the docket, along with more
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SUMMARY:
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You may be potentially affected by
this action if you are a producer or
registrant of an antimicrobial pesticide
product or device. The following list of
North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include, but are not limited
to:
• NAICS code 325320, Pesticide and
Other Agricultural Chemical
Manufacturing, e.g., pesticide
manufacturers or formulators of
pesticide products, importers, exporters,
or any person or company who seeks to
register a pesticide product or to obtain
a tolerance for a pesticide product.
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
B. What is the Agency’s authority for
taking this action?
This action is issued under the
Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA), 7 U.S.C. 136
et seq. and the Federal Food, Drug, and
Cosmetic Act (FFDCA), 21 U.S.C.
346a(d).
C. What action is the Agency taking?
EPA is proposing a single correction
to the data requirements for
antimicrobial pesticide products that are
codified in 40 CFR part 158, subpart W.
EPA is not proposing any other changes
(substantive or otherwise) or any new
data requirements. The correction to the
‘‘200 ppb level’’ described in 40 CFR
158.2230(d) will clarify that the 200 ppb
level is based on total estimated daily
dietary intake for an individual and not
on the amount of residue present on a
single food, as is incorrectly implied by
the current regulatory text.
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39399
D. What are the incremental costs and
benefits of this action?
No new data requirements are
proposed and this correction does not
result in any new burden or costs being
imposed. The proposed change
represents a technical correction;
therefore, registrants will not submit
more studies than they are currently
submitting in their application
packages. As a result, this change will
not cause any increase in the cost to
register an antimicrobial pesticide
product.
EPA believes the correction should
provide registrants with more specific
information such that it could reduce
the number of consultations (emails,
phone calls, and meetings) registrants
seek to ensure that they are correctly
interpreting the regulations before they
begin their testing programs. Applicants
may save time and money by better
understanding when studies are needed
and by not submitting unneeded
studies. Submission of all required
studies at the time of application may
reduce potential delays in the
registration process, thereby allowing
products to enter the market earlier. The
clarity derived from having more
understandable data requirements may
be especially important to small firms
and new firms entering the industry
who may have less experience with the
pesticide registration program than
those firms that routinely work with the
Agency.
Although we believe that the
correction reduces uncertainty and will
result in a decrease in the number of
inquiries registrants may make to EPA
seeking clarification on this particular
point, EPA did not attempt to determine
whether or not, or the extent to which,
the correction might result in any cost
savings for the registrants or for EPA.
Because EPA is not proposing any new
data requirements and also made sure
not to increase the frequency at which
the existing data are required, EPA
determined there is no need to perform
an economic analysis for this proposed
rulemaking.
E. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
E:\FR\FM\18AUP1.SGM
18AUP1
Agencies
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Proposed Rules]
[Pages 39396-39399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17219]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0446; FRL-9966-04-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of a portion of the State Implementation Plan (SIP) revisions
submitted by the State of Colorado on February 25, 2015. The revisions
are to Colorado Air Quality Control Commission (Commission) Regulation
Number 3, Parts A, B and D. The amendments the EPA is proposing to act
on include: Revisions to provisions for permitting emissions for
particulate matter less than 2.5 micrograms (PM2.5) in Part
D, modifications to the provisions for filing revised Air Pollution
Emission Notices (APEN) in Part A and updates to public notice
publication requirements in Part B. This action is being taken under
section 110 of the Clean Air Act (CAA).
DATES: Written comments must be received on or before September 18,
2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0493 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
What should I consider as I prepare my comments for the EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through https://www.regulations.gov or email. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information in a disk or CD ROM that you mail to the EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register volume, date
and page number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your
requested changes;
Describe any assumptions and provide any technical
information and or data that you used;
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
Provide specific examples to illustrate your concerns, and
suggest alternatives;
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and,
Make sure to submit your comments by the comment period
deadline identified.
II. Background
Revisions to PM2.5 Significant Impact Level (SIL) and
Significant Monitoring Concentration (SMC) Provisions
Colorado's SIP submittal revises the SIL and SMC provisions for
PM2.5 in the State's Prevention of Significant Deterioration
(PSD) permitting program. On January 22, 2013, the United States Court
of Appeals for the District of Columbia Circuit vacated the SILs for
PM2.5 and allowed the EPA to reconsider the provisions for
SMCs. Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On December 9,
2013, the EPA issued a final rule that removes the PM2.5 SIL
from EPA's PSD regulations and revised the threshold for SMCs (78 FR
73698). The EPA set the PM2.5 SMC concentration at zero
micrograms per cubic meter instead of removing PM2.5
entirely from the SMC provisions because a zero micrograms per cubic
meter threshold means there is no air quality impact below which a
reviewing authority has the discretion to exempt a source from the
PM2.5 monitoring requirements, but that monitoring is still
required. As a result of this court decision and the EPA's rulemaking,
Colorado removed the SILs for PM2.5 from Part D, Section
V.A.2.c set the SMC monitoring concentration to zero in Part D, Section
VI.B.3.a(iii).
[[Page 39397]]
Revisions to APEN Reporting
Colorado's regulations in Part A, Section II.A. require:
[N]o person shall allow emissions of air pollutants from, or
construction, modification or alteration of, any facility, process,
or activity which constitutes a stationary source, except
residential structures, from which air pollutants are, or are to be,
emitted unless and until an Air Pollution Emission Notice and the
associated Air Pollution Emission Notice fee has been filed with the
Division with respect to such emission.
Colorado has revised its APEN reporting requirements to clarify
when a revised APEN is required due to a significant change in annual
actual emissions. The revision would clarify that the thresholds for
determining significant changes are based on individual emission units,
not facility-wide, actual emissions on a pollutant-by-pollutant basis.
For example, an APEN reporting 150 tons per year (tpy) of carbon
monoxide (CO) and 10 tpy of PM2.5 would need to update CO
emissions using the ``one hundred tpy or more'' threshold in Part A,
Section II.C.2.b.(iii), and update PM2.5 emissions using the
``less than one hundred tpy'' threshold in Part A, Section
II.C.2.b.(i). Without this proposed clarification (actual emissions on
a pollutant-by-pollutant basis) a significant change was based on the
source's aggregate annual actual emissions, which required sources to
file revised APENs more often.
Colorado has also revised Part A, Section II.C.b(i)-(iii), Section
II.C.4.a. and b. to clarify that APENs filed solely to update an
expired APEN, change the owner or operator, or report a significant
change in emissions need only report actual annual emissions (which is
the equivalent of controlled emissions if the source utilizes emission
control equipment). APENs filed to update control equipment or modify a
permit limitation would continue to report both uncontrolled actual and
controlled actual emissions. This revision simplifies and streamlines
the requirements for filing revised APENs, because the source's actual
annual emissions are the relevant information for inventory and fee
purposes when reporting past years' emissions or reporting significant
changes in annual actual emissions.
Revisions to Public Notice Requirements
Colorado has revised its provisions for public notice of a minor
source permit application to update the publication requirements in
Part B, Section III.C.4. Regulation 3 in the SIP requires the State to
publish public notice of certain proposed minor source construction
permit applications, including sources that apply for a permit to limit
the potential to emit criteria pollutants, in a newspaper of general
distribution in the area where the proposed project will be located or
by other such method reasonably designed to ensure effective public
notice. Recently, Colorado has found that some areas where construction
permitting projects require public notice are proposed no longer have
newspapers of general circulation. Therefore, in order to provide
effective public notice, Colorado has revised its minor source public
notice publication requirements to include other means authorized by
state statute and federal regulation that are designed to provide
public notice of the applicable permitting action. Further, by
utilizing other means of public notice such as the State Web site,
Colorado will provide broader notice for a longer timeframe than a one-
day publication in a newspaper.
III. What are the changes that EPA is proposing to approve?
Under CAA section 110(l), EPA cannot approve a SIP revision that
interferes with any requirement concerning attainment, reasonable
further progress, or any other applicable requirement of the Act. The
February 25, 2015 revisions to Regulation 3 Part D, Section VI.A.2.c
and VI.B.3.a.(iii) of the Colorado SIP would not interfere with the
applicable requirements of the Act. The revisions to the PSD program in
Part D, Regulation 3 comply with the requirements of 40 CFR 51.166 as
revised by the EPA in response to the D.C. Circuit Court of Appeals
decision regarding PM2.5 SILs and SMCs. See 78 FR 73698.
This proposal is limited to the revisions pertaining to
PM2.5; we are not proposing to re-approve any existing
provisions in the Colorado SIP regarding source impact analysis and
ambient monitoring. As the revisions removing PM2.5 SILs and
SMCs are in accordance with the EPA's 2013 removal of PM2.5
SILs and SMCs from 40 CFR 51.166 and the revisions strengthen the SIP,
we are proposing to approve the revisions. We are also proposing to
approve the conforming change to the introductory statement in VI.A.2.,
which includes the deletion of the phrase at the end of the sentence
(``, as clarified for any relevant air pollutant in Section
VI.A.2.c.:''). The revisions to Part A, Section II.C.b(i)-(iii),
Section II.C.4.a. and b. comply with section 110(l) because the
revisions are limited to the filing of revised APENs that are designed
to update Colorado's emissions inventory or used to calculate emissions
fees. The revisions to the public notice minor source permitting
requirements comply with section 110(l) because as discussed below, we
propose to interpret that revisions are consistent with our regulations
and guidance.
Colorado's February 25, 2015 submittal also revises its APEN
requirements. The APEN revisions in Part A clarify that, for purposes
of filing a revised APEN, the thresholds for determining significant
changes are based on the emission unit's actual emissions on a
pollutant-by-pollutant basis, not total facility-wide emissions. These
revisions also clarify that APENs filed for the following purposes need
only report actual emissions: Solely to update an APEN before it
expires; change in the owner or operator of any facility, process of
activity; or report a significant change in emissions. APENs filed to
update control equipment or modify a permit limitation would continue
to report both uncontrolled actual and controlled actual emissions. The
revisions to Part A, Section II.C.2.b(i)-(iii), Section II.C.4.a. and b
streamline the requirements for filing revised APENs because the
sources actual annual emissions is the relevant information for
emissions inventory and fee purposes.
The CAA contains three programs governing construction of new and
modified stationary sources, collectively referred to as new source
review (NSR): Minor NSR, PSD, and nonattainment NSR.\1\ The revisions
in the February 25, 2015 submittal to the public notice requirements in
Regulation 3, Part B, Section III.C.4 apply only to the minor NSR
program. They do not apply to the PSD and nonattainment NSR permit
programs, which have separate public notice requirements in Regulation
3, Part D, Section IV.A.
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\1\ For a detailed discussion of the three programs, please see
(for example) 76 FR 38748 (July 1, 2011).
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Requirements for the minor NSR program are provided in 40 CFR
51.160 to 51.164. With respect to public notice of minor NSR approvals,
the state must provide ``a notice by prominent advertisement in the
area affected.'' 40 CFR 51.161(b)(3). On April 17, 2012, the EPA issued
a guidance memorandum stating that we intended to interpret ``prominent
advertisement'' in a media-neutral fashion.\2\ The memorandum explained
that states could meet the requirement by publication of the notice
[[Page 39398]]
in appropriate newspaper, or could opt to publish the notice using
other media so long as it would be reasonable to conclude that the
public would have routine and ready access to the alternative
publishing venue and the use of the alternative venue would be
consistent with the state's law or SIP.\3\
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\2\ Memorandum from Janet McCabe, Principal Deputy Assistant
Administrator, Office of Air and Radiation, to Regional
Administrators, entitled ``Minor New Source Review Program Public
Notice Requirements under 40 CFR 51.161(b)(3) (Apr. 17, 2012),
available at https://www.epa.gov/sites/production/files/2015-07/documents/pubnot.pdf.
\3\ Id. at 1.
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On October 18, 2016 (81 FR 71613) the EPA revised the public notice
requirements for Clean Air Act permitting programs.\4\ In the 2016
final action, the EPA also revised the April 17, 2012 interpretation of
``prominent advertisement'' in 40 CFR 51.161(b)(3) for the minor NSR
program by extending it to ``synthetic minor'' permits, that is,
permits that contain legally and practically enforceable restrictions
that result in the source not being subject to major NSR requirements.
81 FR 71617.
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\4\ The EPA also revised requirements for posting approval
documents for public inspection to allow for posting the documents
at a physical location or on a public Web site identified by the
state or local agency. 81 FR 71629. Colorado's February 25, 2015
submittal retains (with a minor grammatical change) the currently
approved method of posting the materials at the county clerk's
office for the county in which the source is or will be located.
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In this action, the EPA proposes to interpret ``prominent
advertisement'' in similar fashion, that is, as media neutral and
satisfied by any publishing venue to which it would be reasonable to
conclude the public has routine and ready access. The February 25, 2015
SIP revisions require the public notice to be published in either a
newspaper of general distribution in the area in which the source is or
will be located, or by other means necessary to assure notice to the
affected public, including posting notice on the publicly accessible
portion of the Division's Web site. We propose to determine that this
is adequate as ``prominent advertisement.'' We are not proposing to
reassess Colorado's minor NSR program with respect to public
participation processes generally; we are only proposing to act on
revisions that affect the publication of the notice specifically. This
proposal is limited to the revisions as they apply to the SIP and
criteria pollutants; we are not proposing action on provisions
regarding ``federal hazardous air pollutants'' that are covered under
authorities.
For the reasons expressed above, EPA is proposing to approve
revisions to Regulation 3, Parts A, B and D and Appendix A from the
February 25, 2015 submittal as shown in Table 1 below. Appendix A was
revised as a conforming change to the APEN revisions. We are also
proposing to approve the renumbering and formatting changes for the
definition of ``emission unit'' in Regulation 3, Part D, I.A.13.a.; and
II.A.13.a.(i)-(ii).
Table 1--List of Colorado Revisions That EPA Is Proposing To Approve
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Revised sections in February 10, 2015 submission proposed for approval
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Regulation Number 3, Part A:
II.C.2.b.(i)-(iii); and II.C.4.a. and b.
Regulation Number 3, Part B:
III.C.4.
Regulation Number 3, Part D:
I.A.13.a.; II.A.13.a.(i)-(ii); VI.A.2.; VI.A.2.c.; and
VI.B.3.a.(iii)
Appendix A
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The EPA is not acting on revisions from Colorado's February 25,
2015 submittal related to greenhouse gas and carbon dioxide equivalent
(CO2e) revisions and the associated renumbering which was a result of
Colorado's proposed greenhouse gas revisions in Parts A and D. These
revisions will be acted on in a separate future rulemaking.
IV. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the Colorado Air Quality Control Commission (Commission)
Regulation Number 3, Parts A, B and D discussed in section III of this
preamble. The EPA has made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the appropriate EPA office (see the ADDRESSES section
of this preamble for more information).
V. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves some state law as meeting federal
requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
Does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Greenhouse
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 39399]]
Dated: July 26, 2017.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2017-17219 Filed 8-17-17; 8:45 am]
BILLING CODE 6560-50-P?>