Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3, 47380-47383 [2017-21952]

Download as PDF 47380 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations EPA-APPROVED KENTUCKY NON-REGULATORY PROVISIONS Name of non-regulatory SIP provision Applicable geographic or nonattainment area * * * September 2014 Regional Haze Progress Report ......... * Kentucky ..................... [FR Doc. 2017–21935 Filed 10–11–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R08–OAR–2017–0446; FRL–9969– 46—Region 8] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve 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 taking final action 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: This final rule is effective on November 13, 2017. ADDRESSES: The EPA has established a docket for this action under Docket Identification Number EPA–R08–OAR– 2017–0446. All documents in the docket are listed on the https:// www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically through https:// www.regulations.gov or in hard copy at jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:19 Oct 11, 2017 Jkt 244001 State submittal date/effective date * 09/17/2014 the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202–1129. The EPA requests that you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P–AR, 1595 Wynkoop, Denver, Colorado 80202– 1129, (303) 312–6227, leone.kevin@ epa.gov. SUPPLEMENTARY INFORMATION: I. 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. Our proposed rulemaking, which was published on August 18, 2017, details the relevant court decisions and the EPA’s corresponding rulemakings regarding PM2.5 SILs and SMCs (See 82 FR 39396). As explained in our proposal notice, Colorado’s submittal is consistent with EPA’s revised rules. Revisions to APEN Reporting 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 an individual emission unit’s actual emissions on a pollutant-by-pollutant basis, not on facility-wide 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. Our proposed rulemaking outlines the PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 EPA approval date Explanations * 10/12/2017, [Insert citation of publication]. * rationale for this revision and provides a detailed example of the revision. Revisions to Public Notice Requirements Previously Part B, Section III.C.4., required 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. We are approving Colorado’s revision to include other means authorized by state statute and federal regulation that are designed to provide public notice of the applicable permitting action. Please see the notice for our proposed rulemaking for details. II. Response to Comment No comments were received on our August 18, 2017 notice of proposed rulemaking. III. What are the changes that EPA is taking final action to approve? The EPA is taking final action to approve a portion of the SIP revisions as submitted by Colorado on February 25, 2015, pertaining to PM2.5 SILs and SMCs. As explained in our proposed rulemaking, these changes meet the requirements under CAA section 110(l), which states that the 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 revisions to the PSD program in Part D, Regulation Number 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. The EPA is taking final action to approve a portion of the SIP revisions as submitted by Colorado on February 25, 2015, pertaining to revisions to Colorado’s APEN requirements. These revisions, as outlined in our proposed rulemaking, comply with section 110(l) because the revisions are limited to the E:\FR\FM\12OCR1.SGM 12OCR1 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 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, we find that the revisions are consistent with our regulations regarding public notice for minor NSR programs. As explained in detail in our proposal, the EPA interprets the public notice requirements in 40 CFR 51.162 for minor NSR programs to allow for any publishing venue for which it is reasonable to conclude the public has routine and ready access. For the reasons expressed above and in our proposed rulemaking, the EPA is taking final action to approve revisions to Regulation Number 3, Parts A, B and D and Appendix A in 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 approving the renumbering and formatting changes for the definition of ‘‘emission unit’’ in Regulation Number 3, Part D, I.A.13.a.; and II.A.13.a.(i)–(ii). TABLE 1—LIST OF COLORADO REVISIONS THAT EPA IS APPROVING Revised Sections in February 10, 2015 Submission Final Action for Approval Regulation Number 3, Part A: II.C.2.b.(i)–(iii); and II.C.4.a. and b. Appendix A. Regulation Number 3, Part B: III.C.4. Regulation Number 3, Part D: II.A.13.a.(i)–(ii); VI.A.2.c.; and VI.B.3.a.(iii). jstallworth on DSKBBY8HB2PROD with RULES 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 rulemaking. IV. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Colorado rules as described in the amendments to 40 CFR part 52 set forth in this document. The EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 8 office (please contact the VerDate Sep<11>2014 14:21 Oct 11, 2017 Jkt 244001 person identified in the FOR FURTHER section of this preamble for more information). Therefore, these materials have been approved by the EPA for inclusion in the SIP, have been incorporated by reference by the EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of the EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1 INFORMATION CONTACT V. Statutory and Executive Order Reviews Under the Clean Air Act, 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 Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this 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 in 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 1 62 PO 00000 FR 27968 (May 22, 1997). Frm 00019 Fmt 4700 Sfmt 4700 47381 be inconsistent with the Clean Air Act; 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 11, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See CAA section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. E:\FR\FM\12OCR1.SGM 12OCR1 47382 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations Dated: September 27, 2017. Subpart G—Colorado Suzanne J. Bohan, 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 52.320 in paragraph (c) is amended as follows: ■ Acting Regional Administrator, Region 8. a. By revising, under the centered heading ‘‘5 CCR 1001–05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting’’ the table entries for ‘‘II.’’ and ‘‘Appendix A.’’ ■ * * § 52.320 b. By revising, under the centered heading ‘‘5 CCR 1001–05, Regulation Number 3, Part B, Concerning ■ State effective date Title EPA effective date * Construction Permits’’ the table entry for ‘‘III.’’ ■ c. By revising, under the centered heading ‘‘5 CCR 1001–5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant Deterioration’’ the table entries for ‘‘II.’’ and ‘‘VI.’’ The revisions read as follows: * Identification of plan. * * (c) * * * * Final rule citation/date * * Comments * * * 5 CCR 1001–5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting * * II. Air Pollutant Emission Notice (APEN) Requirements. * 10/15/2014 * 11/13/2017 * [Insert Federal Register citation], 10/12/2017. * * * * Appendix A, Method for Determining De Minimis Levels For Non-Criteria Reportable Pollutants. * 10/15/2014 * 11/13/2017 * [Insert Federal Register citation], 10/12/2017. * * * * * * * * * 5 CCR 1001–5, Regulation Number 3, Part B, Concerning Construction Permits * * III. Construction Permit Review Procedures. * * * 10/15/2014 * 11/13/2017 * * [Insert Federal Register citation], 10/12/2017. * * * * * * 5 CCFR 1001–5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention of Significant Deterioration * 10/15/2014 * 11/13/2017 * [Insert Federal Register citation], 10/12/2017. * * Except II.A.26.d., the phrase ‘‘and only PM2.5 emissions can be used to evaluate the net emissions increase for PM2.5’’ * * VI. Requirements applicable to attainment and unclassifiable areas and pollutants implemented under Section 110 of the Federal Act (Prevention of Significant Deterioration Program). jstallworth on DSKBBY8HB2PROD with RULES * * II. Definitions .......................................... * 10/15/2014 * 11/13/2017 * [Insert Federal Register citation], 10/12/2017. * * Except for VI.A.1.c., the phrase ‘‘for phases that commence construction more than 18 months after the initial granting of the permit’’; VI.A.2., the phrase ‘‘either Section VI.A.2.a. or b., as clarified for any relevant air pollutant, in Section VI.B.3.a.(iii) in reference to PM2.5 monitoring exemption; and VI.B.3.d. * * * * * * * * * * * [FR Doc. 2017–21952 Filed 10–11–17; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 16:23 Oct 11, 2017 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12OCR1.SGM 12OCR1 * Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0174; FRL–9969–24– Region 4] Air Plan Approval: Alabama; Transportation Conformity Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a portion of a revision to the Alabama State Implementation plan (SIP) submitted by the State of Alabama on May 8, 2013, for the purpose of amending the transportation conformity rules to be consistent with Federal requirements. DATES: This rule is effective November 13, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2017–0174. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9222. Ms. Sheckler can also be reached via electronic mail at sheckler.kelly@ epa.gov. jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:23 Oct 11, 2017 Jkt 244001 I. Background On May 8, 2013, the Alabama Department of Environmental Management submitted a SIP revision to EPA to make two changes to its transportation conformity requirements. First, the State changed its regulations at Alabama Administrative Code section 335–3–17–.01, Transportation Conformity, to reflect the January 24, 2008 (73 FR 4420) amendments to 40 CFR part 93, subpart A, that address the 2005 SAFETEA–LU. That change in Alabama’s regulation streamlines the State’s transportation conformity SIP to include only §§ 93.105, 93.122(a)(4)(ii) and 93.125(c), consistent with Federal requirements, and not the provisions of 40 CFR part 93 in entirety. On March 14, 2012 (77 FR 14979), EPA finalized the rule entitled ‘‘Transportation Conformity Rule Restructuring Amendments.’’ Through that final action, EPA restructured several sections of the transportation conformity rule so that they apply to any new or revised NAAQS. Specifically, EPA amended §§ 93.101, 93.105, 93.109, 93.116, 93.118, 93.119, and 93.121 of the Transportation Conformity Rule. In its May 8, 2013, SIP revision, Alabama requests that EPA incorporates by reference subsequent Federal changes EPA promulgated in the Transportation Conformity Rule Restructuring Amendments. Although Alabama’s submission mentions that it is incorporating by reference provisions in EPA’s Transportation Conformity Rule Restructuring Amendments, the only relevant portion for incorporation by reference is the change that EPA made to § 93.105 because, in this same submission, Alabama changed the State regulations and transportation conformity requirements in its SIP to address only §§ 93.105, 93.122(a)(4)(ii) and 93.125(c), in accordance with EPA’s regulations. The changes EPA made to § 93.105 were administrative in nature and involved updates to citations, revision of introductory paragraphs, and redesignating paragraphs. EPA has reviewed Alabama’s submittal to ensure consistency with the current Clean Air Act (CAA or Act), as amended by SAFETEA–LU, and EPA regulations governing state procedures for transportation and general conformity (40 CFR part 93, subparts A and B). The May 8, 2013, SIP revision, upon final approval by EPA, removes specific provisions of Alabama Administrative Code section 335–3–17– .01, ‘‘Transportation Conformity,’’ from the SIP that are no longer required in light of the SAFETEA–LU amendments. With the removal of these specific PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 47383 provisions of 335–3–17–.01 from the SIP, the federal rules in 40 CFR part 93, subpart A, will directly govern transportation conformity of federal actions in the State of Alabama. This revision complies with the requirements of CAA section 176(c)(4)(e) and 40 CFR 51.390(b). 40 CFR part 93, subpart A, continues to subject certain Federal actions to transportation conformity requirements without the need for identical state rules and SIPs. Therefore, repealing the State rule will not impact continuity of the transportation conformity program in Alabama. In a direct final rule published on August 17, 2017 (82 FR 39035), EPA took a direct final action to approve the portions of the May 8, 2013, submittal that removes specific provisions of Alabama Administrative Code section 335–3–17–.01, ‘‘Transportation Conformity,’’ from the SIP that are no longer required in light of the SAFETEA–LU amendments. In the direct final rulemaking, EPA established that the rule would become effective 60 days after publication in the Federal Register and without further notice, unless EPA received adverse comment within 30 days of the publication. If EPA received such comments, it would publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. Comments on the rulemaking were due on or before September 18, 2017. EPA received one adverse comment on the direct final rulemaking, and as a result, elsewhere in this issue of the Federal Register, the EPA has taken a separate action to withdraw the direct final rule. Nevertheless, the rationale for EPA’s action still remains and the only addition in this final rulemaking is the response to the adverse comment received. The details of Alabama’s SIP revisions and the rationale for EPA’s action are further explained in the direct final rule published August 17, 2017 (82 FR 39035). Below is a summary of the comment received and EPA’s response. II. Response to Comment Comment: The Commenter mentions that EPA should not allow Alabama to remove transportation conformity rules from the SIP and asserts that EPA has loosened the Federal transportation conformity requirements. The Commenter goes on to say that Alabama should incorporate by reference the entirety of 40 CFR part 93. E:\FR\FM\12OCR1.SGM 12OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47380-47383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21952]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0446; FRL-9969-46--Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Regulation Number 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve 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 taking
final action 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: This final rule is effective on November 13, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket Identification Number EPA-R08-OAR-2017-0446. All documents in
the docket are listed on the https://www.regulations.gov index. Although
listed in the index, some information may not be publicly available,
e.g., Confidential Business Information or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
through https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129. The EPA requests that you contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal
holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227,
leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION:

I. 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. Our proposed rulemaking, which was published
on August 18, 2017, details the relevant court decisions and the EPA's
corresponding rulemakings regarding PM2.5 SILs and SMCs (See
82 FR 39396). As explained in our proposal notice, Colorado's submittal
is consistent with EPA's revised rules.

Revisions to APEN Reporting

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 an individual emission
unit's actual emissions on a pollutant-by-pollutant basis, not on
facility-wide 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. Our proposed rulemaking outlines
the rationale for this revision and provides a detailed example of the
revision.

Revisions to Public Notice Requirements

Previously Part B, Section III.C.4., required 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. We are approving Colorado's revision to include other means
authorized by state statute and federal regulation that are designed to
provide public notice of the applicable permitting action. Please see
the notice for our proposed rulemaking for details.

II. Response to Comment

No comments were received on our August 18, 2017 notice of proposed
rulemaking.

III. What are the changes that EPA is taking final action to approve?

The EPA is taking final action to approve a portion of the SIP
revisions as submitted by Colorado on February 25, 2015, pertaining to
PM2.5 SILs and SMCs. As explained in our proposed
rulemaking, these changes meet the requirements under CAA section
110(l), which states that the 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
revisions to the PSD program in Part D, Regulation Number 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.
The EPA is taking final action to approve a portion of the SIP
revisions as submitted by Colorado on February 25, 2015, pertaining to
revisions to Colorado's APEN requirements. These revisions, as outlined
in our proposed rulemaking, comply with section 110(l) because the
revisions are limited to the

[[Page 47381]]

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, we find that the
revisions are consistent with our regulations regarding public notice
for minor NSR programs. As explained in detail in our proposal, the EPA
interprets the public notice requirements in 40 CFR 51.162 for minor
NSR programs to allow for any publishing venue for which it is
reasonable to conclude the public has routine and ready access.
For the reasons expressed above and in our proposed rulemaking, the
EPA is taking final action to approve revisions to Regulation Number 3,
Parts A, B and D and Appendix A in 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 approving the renumbering and
formatting changes for the definition of ``emission unit'' in
Regulation Number 3, Part D, I.A.13.a.; and II.A.13.a.(i)-(ii).

Table 1--List of Colorado Revisions That EPA Is Approving
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Revised Sections in February 10, 2015 Submission Final Action for
Approval
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Regulation Number 3, Part A:
II.C.2.b.(i)-(iii); and II.C.4.a. and b.
Appendix A.
Regulation Number 3, Part B:
III.C.4.
Regulation Number 3, Part D:
II.A.13.a.(i)-(ii); VI.A.2.c.; and VI.B.3.a.(iii).
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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 rulemaking.

IV. Incorporation by Reference

In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
Colorado rules as described in the amendments to 40 CFR part 52 set
forth in this document. The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and/or
at the EPA Region 8 office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
Therefore, these materials have been approved by the EPA for
inclusion in the SIP, have been incorporated by reference by the EPA
into that plan, are fully federally enforceable under sections 110 and
113 of the CAA as of the effective date of the final rulemaking of the
EPA's approval, and will be incorporated by reference by the Director
of the Federal Register in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

Under the Clean Air Act, 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 Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this 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
in 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 Clean Air Act; 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 11, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

[[Page 47382]]

Dated: September 27, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 in paragraph (c) is amended as follows:
0
a. By revising, under the centered heading ``5 CCR 1001-05, Regulation
Number 3, Part A, Concerning General Provisions Applicable to Reporting
and Permitting'' the table entries for ``II.'' and ``Appendix A.''
0
b. By revising, under the centered heading ``5 CCR 1001-05, Regulation
Number 3, Part B, Concerning Construction Permits'' the table entry for
``III.''
0
c. By revising, under the centered heading ``5 CCR 1001-5, Regulation
Number 3, Part D, Concerning Major Stationary Source New Source Review
and Prevention of Significant Deterioration'' the table entries for
``II.'' and ``VI.''
The revisions read as follows:

Sec. 52.320 Identification of plan.

* * * * *
(c) * * *

----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-5, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
----------------------------------------------------------------------------------------------------------------

* * * * * * *
II. Air Pollutant Emission Notice 10/15/2014 11/13/2017 [Insert Federal
(APEN) Requirements. Register citation],
10/12/2017.

* * * * * * *
Appendix A, Method for Determining 10/15/2014 11/13/2017 [Insert Federal
De Minimis Levels For Non- Register citation],
Criteria Reportable Pollutants. 10/12/2017.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-5, Regulation Number 3, Part B, Concerning Construction Permits
----------------------------------------------------------------------------------------------------------------

* * * * * * *
III. Construction Permit Review 10/15/2014 11/13/2017 [Insert Federal
Procedures. Register citation],
10/12/2017.

* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCFR 1001-5, Regulation Number 3, Part D, Concerning Major Stationary Source New Source Review and Prevention
of Significant Deterioration
----------------------------------------------------------------------------------------------------------------

* * * * * * *
II. Definitions................... 10/15/2014 11/13/2017 [Insert Federal Except II.A.26.d.,
Register citation], the phrase ``and
10/12/2017. only PM2.5 emissions
can be used to
evaluate the net
emissions increase
for PM2.5''

* * * * * * *
VI. Requirements applicable to 10/15/2014 11/13/2017 [Insert Federal Except for VI.A.1.c.,
attainment and unclassifiable Register citation], the phrase ``for
areas and pollutants implemented 10/12/2017. phases that commence
under Section 110 of the Federal construction more
Act (Prevention of Significant than 18 months after
Deterioration Program). the initial granting
of the permit'';
VI.A.2., the phrase
``either Section
VI.A.2.a. or b., as
clarified for any
relevant air
pollutant, in
Section
VI.B.3.a.(iii) in
reference to PM2.5
monitoring
exemption; and
VI.B.3.d.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-21952 Filed 10-11-17; 8:45 am]
BILLING CODE 6560-50-P

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