Approval and Promulgation of State Implementation Plan Revisions; Colorado; Attainment Demonstration for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, and Approval of Related Revisions, 31068-31072 [2018-13599]
Download as PDF
31068
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
Jefferson Counties, and portions of
Larimer and Weld Counties. See 40 CFR
81.306. The area was designated
40 CFR Part 52
nonattainment for the 2008 ozone
NAAQS effective July 20, 2012 (77 FR
[EPA–R08–OAR–2017–0567; FRL–9979–
30088, May 21, 2012) and reclassified as
64—Region 8]
a Moderate ozone nonattainment area
on May 4, 2016 (81 FR 26697; see 40
Approval and Promulgation of State
CFR 81.306). Moderate areas are
Implementation Plan Revisions;
required to attain the 2008 8-hour ozone
Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for NAAQS by no later than 6 years after
the effective date of designation, which
the Denver Metro/North Front Range
for the DMNFR nonattainment area is
Nonattainment Area, and Approval of
July 20, 2018. See 40 CFR 51.903.
Related Revisions
On April 6, 2018, 83 FR 14807, the
AGENCY: Environmental Protection
EPA proposed approval of certain
Agency (EPA).
revisions to Colorado’s SIP submitted to
the EPA on May 5, 2013, and May 31,
ACTION: Final rule.
2017. Specifically, we proposed
SUMMARY: On May 31, 2017, the State of
approval of Colorado’s 2017 attainment
Colorado submitted State
demonstration for the 2008 8-hour
Implementation Plan (SIP) revisions
ozone NAAQS. In addition, we
related to attainment of the 2008 8-hour proposed approval of the motor vehicle
ozone National Ambient Air Quality
emissions budgets (MVEB) contained in
Standard (NAAQS) for the Denver
the State’s 2017 submittal. We also
Metro/North Front Range (DMNFR)
proposed approval of all other aspects of
Moderate nonattainment area by the
the 2017 submittal, except for certain
applicable attainment date of July 20,
area source categories and major source
2018. The Environmental Protection
RACT, which we will be acting on at a
Agency (EPA) is approving the majority later date. We proposed approval of the
of the submittal, as well as revisions
revisions to Colorado’s Reg. 7 and 11,
made to Colorado’s Reg. No. 7 in a May
except for Sections X.E and XIX of Reg.
5, 2013 SIP submission. The EPA is
7, which we will be acting on at a later
deferring action on portions of the
date. We proposed approval of the
submitted reasonably available control
revisions to Colorado Reg. 7 Section XII
technology (RACT) rules. This action is
from the State’s May 5, 2013 submittal.
being taken in accordance with the
The factual and legal background for
Clean Air Act (CAA).
this action is discussed in detail in our
April 6, 2018 proposed approval. 83 FR
DATES: Effective August 2, 2018.
14807. The proposal provides a detailed
ADDRESSES: The EPA has established a
description of the revisions and the
docket for this action under Docket ID
Number EPA–R08–OAR–2017–0567. All rationale for the EPA’s proposed
actions.
documents in the docket are listed on
the https://www.regulations.gov website. II. Response to Comments
Although listed in the index, some
We received nineteen comments
information is not publicly available,
during the public comment period.
e.g., confidential business information
After reviewing the comments, the EPA
(CBI) or other information whose
has determined that sixteen of the
disclosure is restricted by statute.
comments are outside the scope of our
Certain other material, such as
proposed action or fail to identify any
copyrighted material, is not placed on
material issue necessitating a response.
the internet and will be publicly
We received two comments supporting
available only in hard copy form.
our proposal to approve the DMNFR
Publicly available docket materials are
moderate nonattainment area attainment
available through https://
demonstration and related revisions,
www.regulations.gov, or please contact
and one adverse comment. Below is a
the person identified in the FOR FURTHER
summary of the material comments and
INFORMATION CONTACT section for
the EPA’s responses.
additional available information.
Comments From Colorado Department
FOR FURTHER INFORMATION CONTACT:
of Public Health and Environment
Abby Fulton, (303) 312–6563,
fulton.abby@epa.gov.
The Colorado Department of Public
Health and Environment (CDPHE) stated
SUPPLEMENTARY INFORMATION:
that ‘‘Colorado supports EPA’s proposal
I. Background
to approve the DMNFR moderate
nonattainment area attainment
The DMNFR nonattainment area
demonstration and many of the related
includes Adams, Arapahoe, Boulder,
revisions.’’ The State further requested
Broomfield, Denver, Douglas and
sradovich on DSK3GMQ082PROD with RULES
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
that the EPA delay taking action on the
combustion adjustment and tuning work
practice requirements in Reg. 7, Section
XVI.D, due to ‘‘Colorado’s ongoing
efforts to further establish RACT for
combustion sources on a categorical
basis.’’ Colorado stated that it
anticipates submitting to the EPA
additional RACT standards for
combustion equipment in Summer
2019, and requested that the EPA delay
action on Reg. 7, Section XVI.D
revisions from the May 31, 2017
submittal so that the Agency ‘‘can
incorporate and approve Colorado’s
RACT standards for combustion
equipment all at once.’’
Response: The Agency acknowledges
the State’s support for this action. We
agree with the request that we refrain
from acting on Reg. 7, Section XVI.D of
Colorado’s May 31, 2017 submittal,
which established RACT as a work
practice for combustion equipment at
major sources of nitrogen oxide (NOX)
emissions. In our notice of proposed
rulemaking, we proposed to approve all
of Reg. 7, Section XVI, but explained
that we would be acting on Colorado’s
RACT demonstration for major sources
in a future rulemaking and identified
provisions for which we were taking no
action on at the time (see sections H and
N of the proposed rulemaking). The
State’s desire to incorporate Section
XVI.D into its anticipated combustion
equipment RACT submission is
reasonable, and because Colorado did
not rely on any emission reductions
from control requirements in Section
XVI.D in its 2017 modeling analysis, we
are able to act on this revision in a
separate action. We, therefore, agree
with the State’s comment and will act
on revisions to Reg. 7, XVI.D from the
May 31, 2017 submittal at a later time.
Comment From Anonymous
The comment described the approval
of the State’s revised SIP as ‘‘a necessary
step’’ that ‘‘will hold owners and
operators more accountable for their
actions,’’ and cited several specific
provisions as beneficial. The commenter
urged future action on the changes made
to Reg. 7, Sections X and section XIX,
and also urged ‘‘every revision and
action’’ to meet the ozone standard.
Response: The EPA agrees that the SIP
provisions we are approving, which will
be enforceable as a matter of federal law,
are necessary steps to comply with the
CAA and protect air quality. We are
taking no action in this final rule on the
State submissions concerning Reg. No.
7, Sections X.E. and XIX, but do intend
to act on them in a later rulemaking.
Further, we will continue our ongoing
work to assist the State in its
E:\FR\FM\03JYR1.SGM
03JYR1
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
development of measures to improve air
quality.
sradovich on DSK3GMQ082PROD with RULES
Comments From the Center for
Biological Diversity
Comment 1
The comment stated that the ‘‘EPA
must disapprove the attainment
designation [sic; rightly
‘‘demonstration’’] because the N. Front
Range nonattainment area did not attain
by the attainment deadline’’ and that the
‘‘EPA must disapprove the attainment
demonstration because it was
demonstrable [sic] wrong.’’ The
comment said that ‘‘EPA has used the
excuse of ignoring ozone values if the
comment period or decision is before
the May 1 deadline for certifying data’’
and that the time the comment was
submitted was after May 1. The
comment also explained that ‘‘EPA uses
the exceptional event provision as
another excuse. However, in Table 1
[from the commenter], which is
generated from data from EPA’s Air
Quality System (AQS), we have
excluded exceptional events even
though Colorado’s claims of exceptional
events are not valid.’’
Response: We do not agree with the
commenter’s argument that the EPA
should disapprove the attainment
demonstration because the area did not
attain by the attainment deadline, or
with the commenter’s assertions
concerning exceptional events and the
timing of the submission.
Colorado has satisfied the legal and
regulatory criteria for approving
attainment demonstration SIPs. An
attainment demonstration uses
photochemical grid modeling to show
that SIP controls are sufficient to reduce
predicted ambient ozone levels to a
level at or below the standard, assuming
identical meteorology in the baseline
and future (modeled) years. As
explained in section IV.D and E of the
proposed rulemaking, to predict future
ozone levels the modeled attainment
demonstration uses a baseline design
value derived from historical data (in
this case 2009–2013), historical
meteorological data from the baseline
period, emission inventories
representing the baseline design value
period, and modeled reductions in
emissions based on SIP control
measures. The attainment
demonstration is not required to
identically match actual monitored
ozone levels for the future years
described in the model.1 Rather, it is
1 As
noted above, attainment demonstration
modeling assumes that the future meteorology will
be identical to that in the baseline period, but yearto-year variability in meteorology means that actual
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
intended to assess whether SIP controls
are adequate to reduce ambient ozone to
a level at or below the NAAQS by the
attainment date, and such an assessment
is based on modeling. The modeled
attainment demonstration can be an
approvable SIP element, even if actual
monitored data do not show attainment.
Applying this standard, Colorado’s
attainment demonstration qualifies for
EPA approval. As described in the 2008
Ozone Implementation Rule (80 FR
12292), ‘‘[t]o demonstrate attainment,
the modeling results for the
nonattainment area must predict that
emissions reductions implemented by
the beginning of the last full ozone
season preceding the attainment date
will result in ozone concentrations that
meet the level of the standard’’ (80 FR
12270, March 6, 2015). We find the
attainment demonstration submitted on
May 31, 2017, adequate to meet this
requirement.
The EPA acknowledges that 2014–
2016 and 2015–2017 monitored design
values in the Denver nonattainment area
violate the 2008 ozone NAAQS,
regardless of whether all data are used,
or whether instead, potential
exceptional event data (which have not
been acted on by the EPA) are removed.
But under the CAA, a determination of
whether an area has failed to attain is a
separate action entirely from the review
of an attainment demonstration SIP. The
EPA’s SIP review occurs under CAA
section 110(k), 42 U.S.C. 7410(k), while
a determination of whether an area has
failed to attain is governed by CAA
section 181(b)(2), 42 U.S.C. 7511(b)(2).
Under section 181(b)(2), the EPA must
determine whether an ozone
nonattainment area has attained the
applicable NAAQS ‘‘[w]ithin 6 months
following the applicable attainment date
(including any extension thereof).’’
(Emphasis added.) Here, the applicable
attainment date is still in the future: July
20, 2018. After that date, the EPA will
analyze the pertinent information and
determine whether the DMNFR
nonattainment area has attained the
NAAQS by the applicable attainment
date in accordance with section
181(b)(2). In the event that the EPA
determines that the area failed to attain
based on certified air quality data, the
DMNFR nonattainment area may be
reclassified to Serious by operation of
law, and would then be subject to a
number of Serious area attainment
planning and control requirements,
measurements of ozone in future modeled years
cannot match that predicted by models. In addition,
monitoring data may not always accurately reflect
conditions in the area, such as during times of
exceptional events.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
31069
including developing and submitting a
new attainment demonstration.
In addition, it is possible that
Colorado will request and receive an
extension of the attainment date if that
is required, as is envisioned in section
181(b)(2). The CAA allows for up to two
attainment date extensions, if the fourth
maximum 8-hour average ozone
concentration in the attainment year
(2017 in this case) is below the level of
the standard.2 Thus, a nonattainment
area may be able to attain the NAAQS
by the extended attainment date, even if
the measured design value for an area
does not meet the NAAQS at the end of
the original attainment year, if the area
is eligible for and is granted an
attainment date extension. The original
attainment date has not yet passed, and
it is possible that the attainment date
will be extended per section 181(b)(2).
As previously noted, the Colorado SIP
submission satisfies the requirements
for a modeled demonstration that the
area will meet the standard in the
attainment year.
Comment 2
The commenter also criticized EPA’s
approach to calculating design values
for using figures that are ‘‘truncated
rather than rounded.’’
Response: Rules for calculating
monitored ozone design values for the
2008 ozone NAAQS are in 40 CFR part
50, appendix P. Section 2.1 of appendix
P requires that hourly average ozone be
truncated to the third decimal place
(0.001 ppm), as shall 8-hour averages
compiled from the individual 1-hour
averages. Section 2.2 of appendix P then
requires that 3-year averages of annual
fourth highest 8-hour averages also be
truncated to the third decimal place.
The truncation is thus in compliance
with the procedure required by the
regulations.
III. Final Action
We are approving the SIP submittal
from the State of Colorado for the
DMNFR ozone nonattainment area
submitted on May 31, 2017.
Specifically, we are approving the
following:
• Attainment demonstration with
weight of evidence analysis for the 2008
ozone NAAQS;
• Base and future year emissions
inventories;
• RFP demonstration;
• Demonstration of RACT for Volatile
Organic Compounds (VOC) Control
Technique Guidelines (CTG) sources
2 See CAA section 181(b)(2)(A), 42 U.S.C.
7511(b)(2)(A), the EPA’s implementing regulations
at 40 CFR 51.1103, and 2008 Ozone Implementation
Rule (80 FR 12292).
E:\FR\FM\03JYR1.SGM
03JYR1
31070
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
(except for the following CTG source
categories as to which we are not taking
any action at this time: Metal Furniture
Coatings, 2007; Miscellaneous Metal
Products Coatings, 2008; Wood
Furniture Manufacturing Operations,
1996; Industrial Cleaning Solvents,
2006; Aerospace, 1997; and Oil and
Natural Gas Industry, 2016.);
• Demonstration of RACM
implementation;
• Motor vehicle inspection and
maintenance program revisions in
Colorado’s Reg. No. 11;
• NNSR program;
• Contingency measures plan;
• MVEBs; and
• Revisions to Colorado’s Reg. No. 7
(except for revisions to Reg. No. 7,
Section X pertaining to VOC controls of
industrial cleaning solvents, Section
XVI.D revisions pertaining to RACT
standards for combustion equipment,
and Section XIX revisions pertaining to
RACT requirements for major sources as
to which we are not taking any action).
We are also approving SIP revisions to
Reg. No. 7 submitted by the State on
May 13, 2013, except for provisions that
have been superseded by later
submissions, for which we are not
taking any action. We are approving
these actions in accordance with section
110, 42 U.S.C. 7410, and part D of the
CAA.
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 Colorado
Reg. No. 11 pertaining to regulation of
the State’s motor vehicle emissions
inspection program and Colorado Reg.
No. 7 pertaining to regulation of sources
of VOC and NOX emissions as discussed
in section IV., J. Motor Vehicle
Inspection and Maintenance Program (I/
M) Program and N. SIP Control
Measures (except we are not acting on
Reg. 7, Sections, X, XVI.D, and XIX in
this action) of this preamble. The EPA
has made, and will continue to make,
these materials generally available
through www.regulations.gov and 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
VerDate Sep<11>2014
16:05 Jul 02, 2018
Jkt 244001
incorporated by reference in the next
update to the SIP compilation.3
V. Statutory and Executive Order
Reviews
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 actions,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves some state law
provisions as meeting federal
requirements; this action 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action, because SIP approvals are
exempted under Executive Order 12866;
• 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 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
PO 00000
3 62
FR 27968 (May 22, 1997).
Frm 00034
Fmt 4700
Sfmt 4700
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP does not 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 4, 2018. 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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
E:\FR\FM\03JYR1.SGM
03JYR1
31071
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
i. Revising table entries ‘‘I,’’ ‘‘II,’’ ‘‘VI,’’
‘‘VII,’’ ‘‘VIII,’’ ‘‘IX,’’ ‘‘XII,’’ and ‘‘XVI,’’
under the centered heading ‘‘5 CCR
1001–09, Regulation Number 7, Control
of Ozone Via Ozone Precursors
(Emissions of Volatile Organic
Compounds and Nitrogen Oxides).’’
■ ii. Revising table entry ‘‘II’’ and
adding table entry ‘‘V’’ in numerical
order under the centered heading ‘‘5
CCR 1001–13, Regulation Number 11,
Motor Vehicle Emissions Inspection
Program—Part A, General Provisions,
Area of Applicability, Schedules for
■
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.
Subpart G—Colorado
2. In § 52.320:
a. The table in paragraph (c) is
amended by:
■
■
State
effective
date
Title
*
EPA
effective
date
*
Obtaining Certification of Emissions
Control, Definitions, Exemptions, and
Clean Screening/Remote Sensing.’’
■ b. The table in paragraph (e) is
amended by adding the entry ‘‘2008
Ozone Moderate Area Attainment Plan’’
after the last entry under the heading
‘‘Denver Metropolitan Area.’’
The revisions and additions read as
follows:
§ 52.320
*
Identification of plan.
*
*
(c) * * *
Final rule/citation date
*
*
*
*
Comments
*
*
*
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic Compounds and
Nitrogen Oxides)
I. Applicability ...................
1/14/2017
8/2/2018
[Insert Federal Register
citation], 7/3/2018.
II. General Provisions .......
1/14/2017
8/2/2018
[Insert Federal Register
citation], 7/3/2018.
*
*
VI. Storage and Transfer
of Petroleum Liquid.
VII. Crude Oil ...................
1/14/2017
8/2/2018
1/14/2017
8/2/2018
1/14/2017
XII. Volatile Organic Compound Emissions From
Oil and Gas Operations.
8/2/2018
1/14/2017
*
*
8/2/2018
*
*
8/2/2018
*
*
Previous SIP approval 08/05/11; nonsubstantive
changes to VI.B.2.a.(iii)(B) approved 7/3/2018.
Previous SIP approval 08/05/11; nonsubstantive
changes to VII.C 7/3/2018.
Previous SIP approval 08/05/11; nonsubstantive
changes to VIII.C.4.a.(i)(A)(6) 7/3/2018.
Previous SIP approval 08/05/11; nonsubstantive
changes to IX.A.3.c., IX.A.5.a.–d., and IX.A.12.a.
7/3/2018.
*
*
Previous SIP approval 02/13/08; substantive
changes to Section XII; state-only provisions excluded 7/3/2018.
*
[Insert Federal Register
citation], 7/3/2018.
*
*
*
[Insert Federal Register
citation], 7/3/2018.
*
2/15/2013, 1/
14/2017
*
[Insert Federal Register
citation], 7/3/2018.
[Insert Federal Register
citation], 7/3/2018.
[Insert Federal Register
citation], 7/3/2018.
[Insert Federal Register
citation], 7/3/2018.
*
*
XVI. Control of Emissions
from Stationary and
Portable Engines in the
8-Hour Ozone Control
Area.
sradovich on DSK3GMQ082PROD with RULES
8/2/2018
*
*
*
1/14/2017
VIII. Petroleum Processing
and Refining.
IX. Surface Coating Operations.
*
*
Previous SIP approval 08/05/11 except for I.A.1.b,
I.B.1.b, I.B.2.b, and I.B.2.d; nonsubstantive
changes to I.A.1.a. and I.A.1.c. approved 7/3/
2018.
Previous SIP approval 08/05/11 except for II.A.12,
II.C.1, and the repeal of previously approved II.D;
nonsubstantive changes to II.D approved 7/3/
2018.
*
*
Previous SIP approval 08/19/05; nonsubstantive
changes to Sections XVI.A.–C. 7/3/2018.
*
*
*
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part A, General Provisions, Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing
VerDate Sep<11>2014
16:30 Jul 02, 2018
Jkt 244001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
E:\FR\FM\03JYR1.SGM
03JYR1
31072
Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations
State
effective
date
Title
*
*
II. Definitions ....................
*
*
1/14/2017
*
*
*
*
*
*
*
*
*
[Insert Federal Register
citation], 7/3/2018.
*
*
(e) * * *
State
effective
date
Title
*
*
*
8/2/2018
*
Comments
[Insert Federal Register
citation], 7/3/2018.
*
*
*
*
8/2/2018
*
*
Final rule/citation date
*
1/14/2017
V. Expansion of the Enhanced Emissions Program to the North Front
Range Area.
*
EPA
effective
date
*
EPA
effective
date
*
Final rule/citation date
*
Comments
*
*
*
*
*
*
Maintenance Plans
*
*
*
*
Denver Metropolitan Area
*
*
2008 Ozone Moderate Area Attainment Plan.
*
*
1/14/2017
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2018–0160; FRL–9980–
17—Region 9]
sradovich on DSK3GMQ082PROD with RULES
Air Plan Approval; California; YoloSolano Air Quality Management
District; Negative Declarations
Jkt 244001
The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2018–0160. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
ADDRESSES:
PO 00000
Frm 00036
Fmt 4700
*
*
Except RACT for Metal Furniture
Coatings, Miscellaneous Metal
Products Coatings, Wood Furniture Manufacturing Operations,
Industrial Cleaning Solvents,
Aerospace, Oil and Natural Gas
Industry, and major source
RACT.
*
This rule is effective on August
2, 2018.
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Yolo-Solano
16:05 Jul 02, 2018
*
DATES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
*
*
[Insert Federal Register citation],
7/3/2018.
Air Quality Management District
(YSAQMD or ‘‘District’’) portion of the
California State Implementation Plan
(SIP). This revision concerns the
District’s negative declarations for
several volatile organic compound
(VOC) source categories included in its
Reasonably Available Control
Technology (RACT) State
Implementation Plan Analysis. We are
approving these negative declarations
under the Clean Air Act (CAA or ‘‘the
Act’’).
[FR Doc. 2018–13599 Filed 7–2–18; 8:45 am]
VerDate Sep<11>2014
8/2/2018
Sfmt 4700
*
*
some information is not publicly
available, e.g., 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 through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Stanley Tong, EPA Region IX, (415)
947–4122, tong.stanley@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
E:\FR\FM\03JYR1.SGM
03JYR1
Agencies
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31068-31072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13599]
[[Page 31068]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0567; FRL-9979-64--Region 8]
Approval and Promulgation of State Implementation Plan Revisions;
Colorado; Attainment Demonstration for the 2008 8-Hour Ozone Standard
for the Denver Metro/North Front Range Nonattainment Area, and Approval
of Related Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On May 31, 2017, the State of Colorado submitted State
Implementation Plan (SIP) revisions related to attainment of the 2008
8-hour ozone National Ambient Air Quality Standard (NAAQS) for the
Denver Metro/North Front Range (DMNFR) Moderate nonattainment area by
the applicable attainment date of July 20, 2018. The Environmental
Protection Agency (EPA) is approving the majority of the submittal, as
well as revisions made to Colorado's Reg. No. 7 in a May 5, 2013 SIP
submission. The EPA is deferring action on portions of the submitted
reasonably available control technology (RACT) rules. This action is
being taken in accordance with the Clean Air Act (CAA).
DATES: Effective August 2, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R08-OAR-2017-0567. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) 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 through https://www.regulations.gov, or please
contact the person identified in the For Further Information Contact
section for additional available information.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, (303) 312-6563,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The DMNFR nonattainment area includes Adams, Arapahoe, Boulder,
Broomfield, Denver, Douglas and Jefferson Counties, and portions of
Larimer and Weld Counties. See 40 CFR 81.306. The area was designated
nonattainment for the 2008 ozone NAAQS effective July 20, 2012 (77 FR
30088, May 21, 2012) and reclassified as a Moderate ozone nonattainment
area on May 4, 2016 (81 FR 26697; see 40 CFR 81.306). Moderate areas
are required to attain the 2008 8-hour ozone NAAQS by no later than 6
years after the effective date of designation, which for the DMNFR
nonattainment area is July 20, 2018. See 40 CFR 51.903.
On April 6, 2018, 83 FR 14807, the EPA proposed approval of certain
revisions to Colorado's SIP submitted to the EPA on May 5, 2013, and
May 31, 2017. Specifically, we proposed approval of Colorado's 2017
attainment demonstration for the 2008 8-hour ozone NAAQS. In addition,
we proposed approval of the motor vehicle emissions budgets (MVEB)
contained in the State's 2017 submittal. We also proposed approval of
all other aspects of the 2017 submittal, except for certain area source
categories and major source RACT, which we will be acting on at a later
date. We proposed approval of the revisions to Colorado's Reg. 7 and
11, except for Sections X.E and XIX of Reg. 7, which we will be acting
on at a later date. We proposed approval of the revisions to Colorado
Reg. 7 Section XII from the State's May 5, 2013 submittal.
The factual and legal background for this action is discussed in
detail in our April 6, 2018 proposed approval. 83 FR 14807. The
proposal provides a detailed description of the revisions and the
rationale for the EPA's proposed actions.
II. Response to Comments
We received nineteen comments during the public comment period.
After reviewing the comments, the EPA has determined that sixteen of
the comments are outside the scope of our proposed action or fail to
identify any material issue necessitating a response. We received two
comments supporting our proposal to approve the DMNFR moderate
nonattainment area attainment demonstration and related revisions, and
one adverse comment. Below is a summary of the material comments and
the EPA's responses.
Comments From Colorado Department of Public Health and Environment
The Colorado Department of Public Health and Environment (CDPHE)
stated that ``Colorado supports EPA's proposal to approve the DMNFR
moderate nonattainment area attainment demonstration and many of the
related revisions.'' The State further requested that the EPA delay
taking action on the combustion adjustment and tuning work practice
requirements in Reg. 7, Section XVI.D, due to ``Colorado's ongoing
efforts to further establish RACT for combustion sources on a
categorical basis.'' Colorado stated that it anticipates submitting to
the EPA additional RACT standards for combustion equipment in Summer
2019, and requested that the EPA delay action on Reg. 7, Section XVI.D
revisions from the May 31, 2017 submittal so that the Agency ``can
incorporate and approve Colorado's RACT standards for combustion
equipment all at once.''
Response: The Agency acknowledges the State's support for this
action. We agree with the request that we refrain from acting on Reg.
7, Section XVI.D of Colorado's May 31, 2017 submittal, which
established RACT as a work practice for combustion equipment at major
sources of nitrogen oxide (NOX) emissions. In our notice of
proposed rulemaking, we proposed to approve all of Reg. 7, Section XVI,
but explained that we would be acting on Colorado's RACT demonstration
for major sources in a future rulemaking and identified provisions for
which we were taking no action on at the time (see sections H and N of
the proposed rulemaking). The State's desire to incorporate Section
XVI.D into its anticipated combustion equipment RACT submission is
reasonable, and because Colorado did not rely on any emission
reductions from control requirements in Section XVI.D in its 2017
modeling analysis, we are able to act on this revision in a separate
action. We, therefore, agree with the State's comment and will act on
revisions to Reg. 7, XVI.D from the May 31, 2017 submittal at a later
time.
Comment From Anonymous
The comment described the approval of the State's revised SIP as
``a necessary step'' that ``will hold owners and operators more
accountable for their actions,'' and cited several specific provisions
as beneficial. The commenter urged future action on the changes made to
Reg. 7, Sections X and section XIX, and also urged ``every revision and
action'' to meet the ozone standard.
Response: The EPA agrees that the SIP provisions we are approving,
which will be enforceable as a matter of federal law, are necessary
steps to comply with the CAA and protect air quality. We are taking no
action in this final rule on the State submissions concerning Reg. No.
7, Sections X.E. and XIX, but do intend to act on them in a later
rulemaking. Further, we will continue our ongoing work to assist the
State in its
[[Page 31069]]
development of measures to improve air quality.
Comments From the Center for Biological Diversity
Comment 1
The comment stated that the ``EPA must disapprove the attainment
designation [sic; rightly ``demonstration''] because the N. Front Range
nonattainment area did not attain by the attainment deadline'' and that
the ``EPA must disapprove the attainment demonstration because it was
demonstrable [sic] wrong.'' The comment said that ``EPA has used the
excuse of ignoring ozone values if the comment period or decision is
before the May 1 deadline for certifying data'' and that the time the
comment was submitted was after May 1. The comment also explained that
``EPA uses the exceptional event provision as another excuse. However,
in Table 1 [from the commenter], which is generated from data from
EPA's Air Quality System (AQS), we have excluded exceptional events
even though Colorado's claims of exceptional events are not valid.''
Response: We do not agree with the commenter's argument that the
EPA should disapprove the attainment demonstration because the area did
not attain by the attainment deadline, or with the commenter's
assertions concerning exceptional events and the timing of the
submission.
Colorado has satisfied the legal and regulatory criteria for
approving attainment demonstration SIPs. An attainment demonstration
uses photochemical grid modeling to show that SIP controls are
sufficient to reduce predicted ambient ozone levels to a level at or
below the standard, assuming identical meteorology in the baseline and
future (modeled) years. As explained in section IV.D and E of the
proposed rulemaking, to predict future ozone levels the modeled
attainment demonstration uses a baseline design value derived from
historical data (in this case 2009-2013), historical meteorological
data from the baseline period, emission inventories representing the
baseline design value period, and modeled reductions in emissions based
on SIP control measures. The attainment demonstration is not required
to identically match actual monitored ozone levels for the future years
described in the model.\1\ Rather, it is intended to assess whether SIP
controls are adequate to reduce ambient ozone to a level at or below
the NAAQS by the attainment date, and such an assessment is based on
modeling. The modeled attainment demonstration can be an approvable SIP
element, even if actual monitored data do not show attainment.
---------------------------------------------------------------------------
\1\ As noted above, attainment demonstration modeling assumes
that the future meteorology will be identical to that in the
baseline period, but year-to-year variability in meteorology means
that actual measurements of ozone in future modeled years cannot
match that predicted by models. In addition, monitoring data may not
always accurately reflect conditions in the area, such as during
times of exceptional events.
---------------------------------------------------------------------------
Applying this standard, Colorado's attainment demonstration
qualifies for EPA approval. As described in the 2008 Ozone
Implementation Rule (80 FR 12292), ``[t]o demonstrate attainment, the
modeling results for the nonattainment area must predict that emissions
reductions implemented by the beginning of the last full ozone season
preceding the attainment date will result in ozone concentrations that
meet the level of the standard'' (80 FR 12270, March 6, 2015). We find
the attainment demonstration submitted on May 31, 2017, adequate to
meet this requirement.
The EPA acknowledges that 2014-2016 and 2015-2017 monitored design
values in the Denver nonattainment area violate the 2008 ozone NAAQS,
regardless of whether all data are used, or whether instead, potential
exceptional event data (which have not been acted on by the EPA) are
removed. But under the CAA, a determination of whether an area has
failed to attain is a separate action entirely from the review of an
attainment demonstration SIP. The EPA's SIP review occurs under CAA
section 110(k), 42 U.S.C. 7410(k), while a determination of whether an
area has failed to attain is governed by CAA section 181(b)(2), 42
U.S.C. 7511(b)(2). Under section 181(b)(2), the EPA must determine
whether an ozone nonattainment area has attained the applicable NAAQS
``[w]ithin 6 months following the applicable attainment date (including
any extension thereof).'' (Emphasis added.) Here, the applicable
attainment date is still in the future: July 20, 2018. After that date,
the EPA will analyze the pertinent information and determine whether
the DMNFR nonattainment area has attained the NAAQS by the applicable
attainment date in accordance with section 181(b)(2). In the event that
the EPA determines that the area failed to attain based on certified
air quality data, the DMNFR nonattainment area may be reclassified to
Serious by operation of law, and would then be subject to a number of
Serious area attainment planning and control requirements, including
developing and submitting a new attainment demonstration.
In addition, it is possible that Colorado will request and receive
an extension of the attainment date if that is required, as is
envisioned in section 181(b)(2). The CAA allows for up to two
attainment date extensions, if the fourth maximum 8-hour average ozone
concentration in the attainment year (2017 in this case) is below the
level of the standard.\2\ Thus, a nonattainment area may be able to
attain the NAAQS by the extended attainment date, even if the measured
design value for an area does not meet the NAAQS at the end of the
original attainment year, if the area is eligible for and is granted an
attainment date extension. The original attainment date has not yet
passed, and it is possible that the attainment date will be extended
per section 181(b)(2). As previously noted, the Colorado SIP submission
satisfies the requirements for a modeled demonstration that the area
will meet the standard in the attainment year.
---------------------------------------------------------------------------
\2\ See CAA section 181(b)(2)(A), 42 U.S.C. 7511(b)(2)(A), the
EPA's implementing regulations at 40 CFR 51.1103, and 2008 Ozone
Implementation Rule (80 FR 12292).
---------------------------------------------------------------------------
Comment 2
The commenter also criticized EPA's approach to calculating design
values for using figures that are ``truncated rather than rounded.''
Response: Rules for calculating monitored ozone design values for
the 2008 ozone NAAQS are in 40 CFR part 50, appendix P. Section 2.1 of
appendix P requires that hourly average ozone be truncated to the third
decimal place (0.001 ppm), as shall 8-hour averages compiled from the
individual 1-hour averages. Section 2.2 of appendix P then requires
that 3-year averages of annual fourth highest 8-hour averages also be
truncated to the third decimal place. The truncation is thus in
compliance with the procedure required by the regulations.
III. Final Action
We are approving the SIP submittal from the State of Colorado for
the DMNFR ozone nonattainment area submitted on May 31, 2017.
Specifically, we are approving the following:
Attainment demonstration with weight of evidence analysis
for the 2008 ozone NAAQS;
Base and future year emissions inventories;
RFP demonstration;
Demonstration of RACT for Volatile Organic Compounds (VOC)
Control Technique Guidelines (CTG) sources
[[Page 31070]]
(except for the following CTG source categories as to which we are not
taking any action at this time: Metal Furniture Coatings, 2007;
Miscellaneous Metal Products Coatings, 2008; Wood Furniture
Manufacturing Operations, 1996; Industrial Cleaning Solvents, 2006;
Aerospace, 1997; and Oil and Natural Gas Industry, 2016.);
Demonstration of RACM implementation;
Motor vehicle inspection and maintenance program revisions
in Colorado's Reg. No. 11;
NNSR program;
Contingency measures plan;
MVEBs; and
Revisions to Colorado's Reg. No. 7 (except for revisions
to Reg. No. 7, Section X pertaining to VOC controls of industrial
cleaning solvents, Section XVI.D revisions pertaining to RACT standards
for combustion equipment, and Section XIX revisions pertaining to RACT
requirements for major sources as to which we are not taking any
action).
We are also approving SIP revisions to Reg. No. 7 submitted by the
State on May 13, 2013, except for provisions that have been superseded
by later submissions, for which we are not taking any action. We are
approving these actions in accordance with section 110, 42 U.S.C. 7410,
and part D of the CAA.
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 Colorado
Reg. No. 11 pertaining to regulation of the State's motor vehicle
emissions inspection program and Colorado Reg. No. 7 pertaining to
regulation of sources of VOC and NOX emissions as discussed
in section IV., J. Motor Vehicle Inspection and Maintenance Program (I/
M) Program and N. SIP Control Measures (except we are not acting on
Reg. 7, Sections, X, XVI.D, and XIX in this action) of this preamble.
The EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and 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 in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
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 actions,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves some state law provisions as meeting federal
requirements; this action 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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action, because SIP approvals are exempted under
Executive Order 12866;
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 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).
In addition, the SIP does not 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 4, 2018. 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,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
[[Page 31071]]
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. In Sec. 52.320:
0
a. The table in paragraph (c) is amended by:
0
i. Revising table entries ``I,'' ``II,'' ``VI,'' ``VII,'' ``VIII,''
``IX,'' ``XII,'' and ``XVI,'' under the centered heading ``5 CCR 1001-
09, Regulation Number 7, Control of Ozone Via Ozone Precursors
(Emissions of Volatile Organic Compounds and Nitrogen Oxides).''
0
ii. Revising table entry ``II'' and adding table entry ``V'' in
numerical order under the centered heading ``5 CCR 1001-13, Regulation
Number 11, Motor Vehicle Emissions Inspection Program--Part A, General
Provisions, Area of Applicability, Schedules for Obtaining
Certification of Emissions Control, Definitions, Exemptions, and Clean
Screening/Remote Sensing.''
0
b. The table in paragraph (e) is amended by adding the entry ``2008
Ozone Moderate Area Attainment Plan'' after the last entry under the
heading ``Denver Metropolitan Area.''
The revisions and additions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule/citation
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
Compounds and Nitrogen Oxides)
----------------------------------------------------------------------------------------------------------------
I. Applicability................. 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11 except for
citation], 7/3/ I.A.1.b, I.B.1.b,
2018. I.B.2.b, and I.B.2.d;
nonsubstantive changes
to I.A.1.a. and
I.A.1.c. approved 7/3/
2018.
II. General Provisions........... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11 except for
citation], 7/3/ II.A.12, II.C.1, and
2018. the repeal of
previously approved
II.D; nonsubstantive
changes to II.D
approved 7/3/2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
VI. Storage and Transfer of 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Petroleum Liquid. Register 05/11; nonsubstantive
citation], 7/3/ changes to
2018. VI.B.2.a.(iii)(B)
approved 7/3/2018.
VII. Crude Oil................... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11; nonsubstantive
citation], 7/3/ changes to VII.C 7/3/
2018. 2018.
VIII. Petroleum Processing and 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Refining. Register 05/11; nonsubstantive
citation], 7/3/ changes to
2018. VIII.C.4.a.(i)(A)(6) 7/
3/2018.
IX. Surface Coating Operations... 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 08/
Register 05/11; nonsubstantive
citation], 7/3/ changes to IX.A.3.c.,
2018. IX.A.5.a.-d., and
IX.A.12.a. 7/3/2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
XII. Volatile Organic Compound 1/14/2017 8/2/2018 [Insert Federal Previous SIP approval 02/
Emissions From Oil and Gas Register 13/08; substantive
Operations. citation], 7/3/ changes to Section XII;
2018. state-only provisions
excluded 7/3/2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
XVI. Control of Emissions from 2/15/2013, 1/ 8/2/2018 [Insert Federal Previous SIP approval 08/
Stationary and Portable Engines 14/2017 Register 19/05; nonsubstantive
in the 8-Hour Ozone Control Area. citation], 7/3/ changes to Sections
2018. XVI.A.-C. 7/3/2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions,
Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and
Clean Screening/Remote Sensing
----------------------------------------------------------------------------------------------------------------
[[Page 31072]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
II. Definitions.................. 1/14/2017 8/2/2018 [Insert Federal
Register
citation], 7/3/
2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
V. Expansion of the Enhanced 1/14/2017 8/2/2018 [Insert Federal
Emissions Program to the North Register
Front Range Area. citation], 7/3/
2018.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule/citation
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2008 Ozone Moderate Area 1/14/2017 8/2/2018 [Insert Federal Except RACT for Metal
Attainment Plan. Register citation], Furniture Coatings,
7/3/2018. Miscellaneous Metal
Products Coatings,
Wood Furniture
Manufacturing
Operations,
Industrial Cleaning
Solvents, Aerospace,
Oil and Natural Gas
Industry, and major
source RACT.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2018-13599 Filed 7-2-18; 8:45 am]
BILLING CODE 6560-50-P