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]]

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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.

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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


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