Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 32656-32669 [2021-12875]
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
(2) Model A319–111, –112, –113, –114,
–115, –131, –132, and –133 airplanes.
(3) Model A320–211, –212, –214, –216,
–231, –232, and –233 airplanes.
(4) Model A321–111, –112, –131, –211,
–212, –213, –231, and –232 airplanes.
(d) Subject
Air Transport Association (ATA) of
America Code 25, Equipment/furnishings.
(e) Reason
This AD was prompted by reports of
damaged lower lateral fittings of the 80VU
rack, and reports of new damage on airplanes
on which certain optional service
information had been accomplished. The
FAA is issuing this AD to address damage or
cracking of the 80VU fittings and supports,
which could lead to possible disconnection
of the cable harnesses to one or more
computers, and if occurring during a critical
phase of flight, could result in reduced
control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, European Union Aviation
Safety Agency (EASA) AD 2021–0045, dated
February 16, 2021 (EASA AD 2021–0045).
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(h) Exceptions to EASA AD 2021–0045
(1) Where EASA AD 2021–0045 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The remarks section of EASA AD 2021–
0045 does not apply to this AD.
(3) Where paragraph (2) of EASA AD 2021–
0045 specifies ‘‘any discrepancy,’’ for this AD
‘‘any discrepancy’’ includes broken fittings,
missing bolts, an electronics rack FIN 80VU
that is in contact with structure, any bush
that has migrated, burred material, and
cracks.
(4) Paragraph (4) of EASA AD 2021–0045
specifies to report inspection results to
Airbus within a certain compliance time. For
this AD, report inspection results at the
applicable time specified in paragraph
(h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 90 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 90 days after the effective date of this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Large Aircraft
Section, International Validation Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
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information directly to the Large Aircraft
Section, International Validation Branch,
send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(i) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD
2013–25–11 are approved as AMOCs for the
corresponding provisions of EASA AD 2021–
0045 that are required by paragraph (g) of this
AD.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, Large Aircraft Section,
International Validation Branch, FAA; or
EASA; or Airbus SAS’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2021–0045 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD. Send comments
regarding this burden estimate or any other
aspect of this collection of information,
including suggestions for reducing this
burden to Information Collection Clearance
Officer, Federal Aviation Administration,
10101 Hillwood Parkway, Fort Worth, TX
76177–1524.
(j) Related Information
(1) For information about EASA AD 2021–
0045, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49
221 8999 000; email ADs@easa.europa.eu;
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Frm 00004
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internet www.easa.europa.eu. You may find
this EASA AD on the EASA website at
https://ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195. This
material may be found in the AD docket on
the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–0506.
(2) For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3223; email sanjay.ralhan@
faa.gov.
Issued on June 15, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–13057 Filed 6–21–21; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2021–0262; FRL–10025–
02–Region 8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other
RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
Colorado on May 14, 2018, May 8, 2019,
and May 13, 2020. The revisions are to
Colorado Air Quality Control
Commission (Commission or AQCC)
Regulation Number 7 (Reg. 7). The
revisions to Reg. 7 address Colorado’s
SIP obligation to require reasonably
available control technology (RACT) for
sources covered by the 2016 oil &
natural gas control techniques
guidelines (CTG or CTGs) for Moderate
nonattainment areas under the 2008
ozone National Ambient Air Quality
Standard (NAAQS); update RACT
requirements for major sources of
volatile organic compounds (VOC) and
nitrogen oxides (NOx); reorganize the
regulation; add incorporation by
reference dates to rules and reference
SUMMARY:
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methods; and make typographical,
grammatical, and formatting corrections.
Also, the EPA is proposing to finalize
approval of the State’s negative
declaration that there are no sources in
the Denver Metro/North Front Range
(DMNFR) Area subject to the aerospace
CTG, which was conditionally approved
in our February 24, 2021 rulemaking.
The EPA is taking this action pursuant
to the Clean Air Act (CAA).
DATES: Written comments must be
received on or before July 22, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2021–0262, to the Federal
Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically in www.regulations.gov.
To reduce the risk of COVID–19
transmission, for this action we do not
plan to offer hard copy review of the
docket. Please email or call the person
listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make
alternative arrangements for access to
the docket.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
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Denver, Colorado 80202–1129, (303)
312–6563, fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. What action is the EPA taking?
As explained below, the EPA is
proposing to approve various revisions
to the Colorado SIP that were submitted
to the EPA on May 14, 2018, May 8,
2019, May 13, 2020, and March 22,
2021. In particular, we propose to
approve certain Reg. 7 rules to meet the
2008 8-hour ozone NAAQS oil and gas
CTG RACT requirements for Moderate
nonattainment areas that were not acted
on in our July 3, 2018 1 and February 24,
2021 2 rulemakings. We are also
proposing to approve certain area source
rules as meeting the 2008 8-hour ozone
NAAQS RACT requirements for Serious
nonattainment areas. Additionally, we
are proposing to finalize approval of the
State’s negative declaration that there
are no sources in the DMNFR Area
subject to the aerospace CTG, which
was conditionally approved in our
February 24, 2021 3 rulemaking.
The specific bases for our proposed
actions, our analyses, and proposed
findings are discussed in this proposed
rulemaking. Technical information that
we are relying on is in the docket,
available at https://www.regulations.gov,
Docket No. EPA–R08–OAR–2021–0262.
II. Background
2008 8-Hour Ozone NAAQS
Nonattainment
On March 12, 2008, the EPA revised
both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per
million (ppm) (based on the annual
fourth-highest daily maximum 8-hour
average concentration, averaged over 3
years), to provide increased protection
of public health and the environment.4
The 2008 ozone NAAQS retains the
same general form and averaging time as
the 0.08 ppm NAAQS set in 1997, but
1 Final Rule, 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, 83 FR 31068, 31069–31072.
2 Final Rule, Approval and Promulgation of
Implementation Plans; Colorado; Revisions to
Regulation Number 7 and RACT Requirements for
2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR
11125, 11126 –11127.
3 86 FR 11125.
4 Final rule, National Ambient Air Quality
Standards for Ozone, 73 FR 16436 (March 27, 2008).
The EPA has since further strengthened the ozone
NAAQS, but the 2008 8-hour standard remains in
effect. See Final Rule, National Ambient Air Quality
Standards for Ozone, 80 FR 65292 (Oct. 26, 2015).
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is set at a more protective level.
Specifically, the 2008 8-hour ozone
NAAQS is attained when the 3-year
average of the annual fourth-highest
daily maximum 8-hour average ambient
air quality ozone concentrations is less
than or equal to 0.075 ppm.5
Effective July 20, 2012, the EPA
designated as nonattainment any area
that was violating the 2008 8-hour
ozone NAAQS based on the three most
recent years (2008–2010) of air
monitoring data.6 With that rulemaking,
the Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado area (Denver or
DMNFR Area) area was designated
nonattainment and classified as
Marginal.7 Ozone nonattainment areas
are classified based on the severity of
their ozone levels, as determined using
the area’s design value. The design
value is the 3-year average of the annual
fourth highest daily maximum 8-hour
average ozone concentration at a
monitoring site.8 Areas that were
designated as Marginal nonattainment
were required to attain the 2008 8-hour
ozone NAAQS no later than July 20,
2015, based on 2012–2014 monitoring
data.9
On May 4, 2016, the EPA published
its determination that the Denver Area,
among other areas, had failed to attain
the 2008 8-hour ozone NAAQS by the
attainment deadline, and that it was
accordingly reclassified to Moderate
ozone nonattainment status.10 Colorado
submitted SIP revisions to the EPA on
May 31, 2017 to meet the Denver Area’s
requirements under the Moderate
classification.11 The EPA took final
action on July 3, 2018, approving the
majority of the May 31, 2017 submittal,
but deferring action on portions of the
submitted Reg. 7 RACT rules.12 On
February 24, 2021, the EPA took final
action approving additional RACT SIP
5 40
CFR 50.15(b).
rule, Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards, 77
FR 30088 (May 21, 2012).
7 Id. at 30110. The nonattainment area includes
Adams, Arapahoe, Boulder, Broomfield, Denver,
Douglas and Jefferson Counties, and portions of
Larimer and Weld Counties. See 40 CFR 81.306.
8 40 CFR part 50, appendix I.
9 See 40 CFR 51.903.
10 Final rule, Determinations of Attainment by the
Attainment Date, Extensions of the Attainment
Date, and Reclassification of Several Areas for the
2008 Ozone National Ambient Air Quality
Standards, 81 FR 26697 (May 4, 2016).
11 CAA section 182, 42 U.S.C. 7511a, outlines SIP
requirements applicable to ozone nonattainment
areas in each classification category. Areas
classified Moderate under the 2008 8-hour ozone
NAAQS had a submission deadline of January 1,
2017 for these SIP revisions. 81 FR at 26699.
12 83 FR at 31068.
6 Final
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obligations for Moderate ozone
nonattainment areas.13
Areas that were designated as
Moderate nonattainment were required
to attain the 2008 8-hour ozone NAAQS
no later than July 20, 2018, based on
2015–2017 monitoring data.14 On
December 26, 2019, the EPA published
its determination that the Denver Area,
among other areas, had failed to attain
the 2008 8-hour ozone NAAQS by the
attainment deadline, and that it was
accordingly reclassified to Serious
ozone nonattainment status.15
SIP Control Measures, Reg. 7
Colorado’s Reg. 7, entitled ‘‘Control of
Ozone via Ozone Precursors and Control
of Hydrocarbons via Oil and Gas
Emissions,’’ contains general RACT
requirements as well as specific
emission limits applicable to various
industries. The EPA approved the repeal
and re-promulgation of Reg. 7 in 1981,16
and has approved various revisions to
parts of Reg. 7 over the years. In 2008,
the EPA approved revisions to the
control requirements for condensate
storage tanks in Section XII,17 and later
approved revisions to Reg. 7, Sections I
through XI and Sections XIII through
XVI.18 The EPA also approved Reg. 7
revisions to Section XVII.E.3.a
establishing control requirements for
rich-burn reciprocating internal
combustion engines.19 In 2018 the EPA
approved Reg. 7 revisions in Sections
XII (VOC emissions from oil and gas
operations) and XIII (emission control
requirements for VOC emissions from
graphic art and printing processes), as
well as non-substantive revisions to
numerous other parts of the
regulation.20
Most recently, in 2021 the EPA
approved Reg. 7 revisions in Sections I
(Applicability), IX (Surface Coating
Operations), X (Use of Cleaning
13 86
FR 11125.
40 CFR 51.903.
15 Final rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone
National Ambient Air Quality Standard, 84 FR
70897 (Dec. 26, 2019); see 40 CFR 81.306.
16 Final rule, Colorado: Approval and
Promulgation of State Implementation Plans, 46 FR
16687 (March 13, 1981).
17 Final rule, Approval and Promulgation of Air
Quality Implementation Plans; State of Colorado;
Regulation No. 7, Section XII, Volatile Organic
Compounds From Oil and Gas Operations, 73 FR
8194 (Feb. 13, 2008).
18 Final rule, Approval and Promulgation of State
Implementation Plans; State of Colorado;
Attainment Demonstration for the 1997 8-Hour
Ozone Standard, and Approval of Related
Revisions, 76 FR 47443 (Aug. 5, 2011).
19 Final rule, Approval and Promulgation of
Implementation Plans; State of Colorado; Regional
Haze State Implementation Plan, 77 FR 76871 (Dec.
31, 2012).
20 See 83 FR at 31068, 31071.
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14 See
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Solvents), XIII (Graphics Arts and
Printing), XVI (Controls of Emissions
from Stationary and Portable Engines
and Other Combustion Equipment in
the 8-Hour Ozone Control Area), and
XIX (Control of Emissions from Specific
Major Sources of VOC and/or NOX in
the 8-hour Ozone Control Area).
Revisions to incorporation by reference
dates to rules and reference methods in
Sections II, VI, VIII, IX, X, XII, XIII, XVI
and XVII were also approved, as well as
non-substantive revisions to numerous
other parts of the regulation.21
III. Summary of the State’s SIP
Submittals
We are proposing to take action on
Colorado SIP submittals made on four
three different dates:
May 14, 2018 Submittal
This submittal contains amendments
to Reg. 7 Sections XII (Volatile Organic
Compound Emissions from Oil and Gas
Operations) and XVIII (Natural GasActuated Pneumatic Controllers
Associated with Oil and Gas
Operations) to meet RACT for oil and
gas sources covered by the EPA’s 2016
Oil and Gas CTG.22
May 8, 2019 Submittal
This submittal contains
typographical, grammatical, and
formatting corrections to Reg. 7 Sections
XII and XVIII that were not acted on in
our February 24, 2021 action.23
May 13, 2020 Submittal
This submittal includes a full
reorganization of Reg. 7 into Parts A–E,
and amends oil and gas storage tank
requirements to establish a storage tank
control threshold, updates storage tank
monitoring requirements, and aligns
related recordkeeping and reporting.
The submittal also updates RACT
requirements for major sources of VOC
and NOX in the DMNFR area, including
expanded categorical combustion
equipment requirements in Part E,
Section II (formally Section XVI.D.) and
new categorical general solvent use
requirements in Part C, Section II
(formerly Section X.). The submittal also
includes updates to the requirements for
gasoline transport truck testing and
vapor control systems, and contains
typographical, grammatical, and
formatting corrections throughout.
21 86
FR 11125 (Feb. 24, 2021).
Techniques Guidelines for the Oil and
Natural Gas Industry, EPA–453/B–16–001 (Oct.
2016).
23 86 FR 11125.
22 Control
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IV. Procedural Requirements
The CAA requires that states meet
certain procedural requirements before
submitting SIP revisions to the EPA,
including the requirement that states
adopt SIP revisions after reasonable
notice and public hearing.24
For the May 14, 2018 submittal, the
AQCC provided notice in the Colorado
Register on July 22, 2017 and held
public hearings on the revisions on
October 19 and 20, 2017. The
Commission adopted the SIP revisions
on November 17, 2017. The SIP
revisions became state-effective on
December 30, 2017.
For the May 8, 2019 submittal, the
AQCC provided notice in the Colorado
Register on August 18, 2018 and held a
public hearing on the revisions on
November 15, 2018. The Commission
adopted the SIP revisions on November
15, 2018. The revisions became stateeffective on January 14, 2019.
For the May 13, 2020 submittal, the
AQCC provided notice in the Colorado
Register on September 25, 2019 and
held public hearings on the revisions on
December 17–19, 2019. The
Commission adopted the SIP revisions
on December 19, 2019. The SIP
revisions became state-effective on
February 14, 2020.
Accordingly, we propose to find that
Colorado met the CAA’s procedural
requirements for reasonable notice and
public hearing.
V. Reasonably Available Control
Technology (RACT) Analysis
A. Background
The CAA requires that SIPs for
nonattainment areas implement RACT
for each category of VOC sources in the
area covered by a CTG and all other
major stationary sources of VOC.25 The
EPA has defined RACT as the lowest
emissions limitation that a particular
source is capable of meeting by the
application of control technology that is
reasonably available, considering
technological and economic
feasibility.26 The CAA amendments of
1990 introduced the requirement for
existing major stationary sources of NOX
in nonattainment areas to install and
operate NOX RACT.27
The EPA provides guidance
concerning what types of controls can
constitute RACT for a given source
24 CAA
section 110(a)(2), 42 U.S.C. 7410(a)(2),
section 182(b)(2).
26 Proposed rule, General Preamble for Proposed
Rulemaking on Approval of Plan Revisions for
Nonattainment Areas—Supplement (on Control
Techniques Guidelines), 44 FR 53761, 53762 (Sep.
17, 1979).
27 CAA Section 182(f).
25 CAA
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category by issuing CTG and Alternative
Control Techniques (ACT) documents.28
States must submit a SIP revision
requiring the implementation of RACT
for each source category in the area for
which the EPA has issued a CTG, and
for any major source in the area not
covered by a CTG.29
For a Serious nonattainment area, a
major stationary source is one that
emits, or has the potential to emit, 50
tons per year (tpy) or more of VOC or
NOX.30 RACT can be adopted in the
form of emission limitations or ‘‘work
practice standards or other operation
and maintenance requirements,’’ as
appropriate.31 In assessing RACT
requirements under the Serious
classification, the Colorado Air
Pollution Control Division (Division)
evaluated 31 major sources in their
Technical Support Document (TSD),32
in addition to the major sources
evaluated under the Moderate
classification.
On October 20, 2016, the EPA issued
final CTGs for reducing VOC emissions
from existing oil and natural gas
equipment and processes.33 Under the
schedule in the oil and gas CTG,
revisions to SIP RACT provisions for
sources covered by the CTG were due
on October 27, 2018. Sources covered by
the CTG include those located in 2008
ozone NAAQS nonattainment areas
classified as Moderate (or higher). The
emissions controls determined by the
State to be RACT for sources covered by
the oil and gas CTG were required to be
implemented as soon as practicable, but
no later than January 1, 2021.34 In
November 2017, the Commission
adopted revisions to Reg. 7 that
addressed RACT requirements for each
category of sources covered by the oil
and gas CTG.
In December 2019, the Commission
adopted new SIP requirements to
include provisions that implement
RACT for some major sources of VOC
and NOX by incorporating by reference
new source performance standards
(NSPS) and/or national emission
standards for hazardous pollutants
(NESHAP) requirements for specific
points at major sources; requiring
specific sources to provide RACT
analyses to the Division for specified
facilities and/or emission points to
inform future categorical RACT
32659
rulemakings; expanding categorical
combustion equipment requirements in
Part E, Section II. (formerly Section
XVI.D.) to facilities with NOx emissions
greater than or equal to 50 tpy; and
establishing categorical RACT
requirements for general solvent use.
B. Evaluation
As part of its May 14, 2018 and May
13, 2020 submittals, the Division
conducted RACT analyses to
demonstrate that the RACT
requirements for the oil and gas CTG
and certain major sources in the
DMNFR 2008 8-hour ozone NAA have
been fulfilled. The Division conducted
these RACT analyses for VOC and NOX
by listing the state regulation that
implements or exceeds RACT
requirements for the CTG category or
non-CTG category at issue, and by
detailing the basis for concluding that
these regulations fulfill RACT, through
comparison with established RACT
requirements described in the CTG and
ACT guidance documents. A summary
of our proposed action with respect to
each RACT category follows.
TABLE 1—SOURCE CATEGORIES, PROPOSED ACTION, AND CORRESPONDING SECTIONS OF SUBMITTALS
Category
Proposed action
Location of RACT demonstration
Aerospace ..............................................................
Approval ...........
General solvent use at major sources ...................
Approval ...........
Oil and gas .............................................................
Approval ...........
Emissions from stationary internal combustion engines and flares at certain major sources.
Approval ...........
Negative declaration. p. 6–3 of Colorado’s Serious State Implementation
Plan for the Denver Metro and North Front Range Ozone Nonattainment Area.35
pp. 619–620, 706, 2800, 2803 and Technical Support Document for Reasonably Available Control Technology for Major Sources (document
number 56, p. 2134) of the May 13, 2020 submission.
Technical Support Document for Reasonably Available Control Technology for the Oil and Gas Industry (document set 38) of the May 14,
2018 submittal. pp. 417–425 of the May 13, 2020 submittal.
pp. 619, 622, 724, 2800–2801, 2803 and Technical Support Document
for Reasonably Available Control Technology for Major Sources (document number 56, p. 2134) of the May 13, 2020 submission.
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Cited materials are in the docket for this action.
In our July 3, 2018 and February 24,
2021 rulemakings, we approved
Colorado’s demonstration of RACT for
certain VOC CTG sources 36 for the 2008
8-hour ozone standard. Today we are
taking action on the RACT
demonstrations for Oil and Gas CTG
categories and certain additional nonCTG VOC and NOx sources and
categories. We have reviewed
Colorado’s new and revised VOC rules
for the source categories covered by the
Oil and Gas CTG, and for major sources
of non-CTG VOC and NOx sources for
the 2008 8-hour ozone NAAQS, and the
demonstrations submitted by Colorado.
Based on this review we propose to find
that these rules are consistent with the
28 See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques (accessed May 20,
2021) for a list of the EPA-issued CTGs and ACTs
(also available within the docket).
29 See CAA section 182(b)(2), 42 U.S.C.
7511a(b)(2)). See also Note, RACT Qs & As—
Reasonably Available Control Technology (RACT):
Questions and Answers, William Harnett, Director,
Air Quality Policy Division, EPA (May 2006),
available at https://www3.epa.gov/ttn/naaqs/
aqmguide/collection/cp2/20060518_harnett_ract_
q&a.pdf.
30 See CAA sections 182(c), 42 U.S.C. 7511a(c).
31 See Memorandum, ‘‘Approval Options for
Generic RACT Rules Submitted to Meet the nonCTG VOC RACT Requirement and Certain NOX
RACT Requirements,’’ Sally Shaver, Director, Air
Quality Strategies & Standards Division, EPA (Nov.
7, 1996), available at https://www.epa.gov/sites/
production/files/2016-08/documents/
shavermemogenericract_7nov1996.pdf.
32 Technical Support Document for Reasonably
Available Control Technology for Major Sources,
Dec. 11, 2019. P. 2134 of the May 13, 2020
submittal.
33 Notice of availability, Release of Final Control
Techniques Guidelines for the Oil and Natural Gas
Industry, 81 FR 74798 (Oct. 27, 2016). See also
Control Techniques Guidelines for the Oil and
Natural Gas Industry, EPA–453/B–16–001 (Oct.
2016).
34 Docket ID No. EPA–HQ–OAR–2015–0216–
0238.
35 See Colorado’s March 22, 2021 submittal,
document set 16 (in the docket for this action).
36 83 FR at 31069–31070; see Proposed Rule,
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, 83 FR 14807,
14814–141815, Tables 5 and 6 (Apr. 6, 2018).
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control measures, definitions,
recordkeeping, and test methods in the
CTG and the CAA, and that they satisfy
CAA RACT requirements for the
categories in question.37
CTGs.38 Colorado’s Reg. 7 contains SIPapproved 39 and submitted revisions
(see Section VI of this document); we
propose to find that these revisions meet
RACT requirements for the source
category listed in Table 2.
1. RACT for CTG Sources
Table 2 contains the CTG source
category, the EPA reference document,
and the corresponding sections of Reg.
7 that fulfill the applicable RACT
requirements for the EPA-issued
TABLE 2—SOURCE CATEGORY, THE EPA’S CTG REFERENCE DOCUMENT, AND CORRESPONDING SECTIONS OF REG. 7
FULFILLING RACT
Source category in
DMNFR area
CTG reference document
Date of CTG
Reg. 7 sections fulfilling RACT
Oil and Gas ..........
Control Techniques Guidelines for the Oil and Natural Gas Industry.
2016
Sections XII, XVIII, and revised Section D (proposed for approval in this action).
We have reviewed the emission
limitations and control requirements for
the above source category and compared
them against the EPA’s CTG document
and available technical information in
CTG dockets. The EPA has also
evaluated the submitted rules and has
determined that they are consistent with
the CAA, the EPA’s regulations, and the
EPA’s policies. For more information,
see the EPA TSD prepared in
conjunction with this action. Based on
the information in the record, we
propose to find that the corresponding
sections in Reg. 7 provide for the lowest
emission limitation through application
of control techniques that are reasonably
available considering technological and
economic feasibility. Therefore, we
propose to find that the control
requirements for the oil and gas source
category are RACT for all affected
sources in the DMNFR Area under the
2008 8-hour ozone NAAQS.
2. RACT for Non-CTG Major Sources
In Colorado’s Technical Support
Document for Reasonably Available
Control Technology for Major Sources,40
Colorado identified a list of major nonCTG VOC and NOX sources in the
DMNFR Area subject to RACT
requirements under a Serious
classification. For major VOC and NOX
sources subject to nonattainment area
RACT review, Colorado used the
construction permit thresholds
established in the State’s Reg. 3 for
determining which emission points to
review. Accordingly, emission points
exceeding two tpy of VOC at a major
VOC source and five tpy of NOX at a
major NOX source, as reported on a
source’s Air Pollutant Emission Notice,
and that were not part of the Moderate
RACT review, were evaluated. We have
reviewed the State’s May 13, 2020
submittal and find its approach to
including these sources in the inventory
acceptable. To satisfy the Serious RACT
SIP requirement to establish RACT for
all existing major sources of VOC and/
or NOX in the DMNFR Area, the
Commission incorporated by reference
several NSPS and NESHAP regulations.
The Division also expanded the
stationary combustion equipment
standards and developed new general
solvent use requirements, based on a
detailed review of available information
on major NOX and VOC sources in the
DMNFR Area, an examination of the
EPA RACT/Best Available Control
Technology/Lowest Achievable
Emission Rate Clearinghouse for similar
emission points, and consideration of
CAA section 182(b) RACT requirements
for other ozone nonattainment areas.
Table 3 contains a list of non-CTG
source categories, the EPA’s reference
documents, and the corresponding
sections of Reg. 7 that are proposed for
approval in this action to fulfill RACT
requirements (see Section VI of this
document).41
TABLE 3—SOURCE CATEGORIES, THE EPA’S REFERENCE DOCUMENTS, AND CORRESPONDING SECTIONS OF REG. 7
PROPOSED FOR APPROVAL TO FULFILL RACT
The EPA’s reference document or regulation
(if applicable)
Reg. 7 sections fulfilling RACT
General solvent use at major sources
..................................................................................
Stationary internal combustion engines
NOX Emissions from Stationary Internal Combustion Engines (EPA–453/R–93–032).
40 CFR 60, Subpart A, Section 60.18 General
Provisions, General control device and work
practice requirements.
Part C, Section II.F (proposed for approval in this
action).
Applicable provisions in Part E, Section II.
Source category in the DMNFR area 42
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Flares ...................................................
We have reviewed the emission
limitations and control requirements for
the source categories in Table 3 and
compared them to the EPA’s
regulations, ACT documents, available
37 See https://www.epa.gov/ground-level-ozonepollution/ract-information.
38 See the EPA’s TSD for a full analysis of
Colorado’s rules as they relate to the EPA’s
guidelines and available technical information.
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Part E, Section III.B.2.
technical information, and guidelines.
The EPA has also evaluated the
submitted rules 43 and has determined
that they are consistent with the CAA,
the EPA’s regulations, and the EPA’s
39 See
76 FR at 47443 and 83 FR at 31069–31070.
2134 of the May 13, 2020 submittal.
41 See the EPA’s TSD for a full analysis of
Colorado’s rules as they relate to the EPA’s
guidelines and available technical information.
40 P.
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policies. For more information, see the
EPA TSD prepared in conjunction with
this action. Based on the information in
the record, we propose to find that the
corresponding sections in Reg. 7
42 Colorado’s major source RACT analysis can be
found on pp. 1119–1120 and 1142–1149 of the May
31, 2017 submittal and the Technical Support
Document for Reasonably Available Control
Technology for Major Sources, November 17, 2016
(pp. 2990–3273 of May 31, 2017 submittal).
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provide for the lowest emission
limitation through application of control
techniques that are reasonably available
considering technological and economic
feasibility. Therefore, we propose to
find that the control requirements for
the source categories identified in Table
3 are RACT for all affected sources in
the DMNFR Area under the 2008 8-hour
ozone NAAQS.
VI. The EPA’s Evaluation of SIP Control
Measures in Reg. 7
We evaluated Colorado’s May 14,
2018, May 8, 2019, and May 13, 2020
submittals regarding revisions to the
State’s Reg. 7 to meet RACT
requirements for various source
categories. Revisions to Reg. 7 include
expansion of categorical combustion
equipment requirements; incorporation
by reference of certain NSPS and
NESHAP requirements for engines and
landfill gas flares; RACT analysis
requirements for specified facilities and/
or emission points; emission control
requirements for general solvent use;
and updated requirements for gasoline
transport truck testing and vapor control
systems. The revisions establish RACT
requirements for the oil and gas CTG
category and emission points at major
sources of VOC and NOX in the DMNFR
Area. Reg. 7 revisions also add
incorporation by reference dates to rules
and reference methods; reorganize and
renumber the regulation; and correct
typographical, grammatical, and
formatting errors. For ease of review,
Colorado submitted the full text of Reg.
7 as SIP revisions (with the exception of
provisions designated ‘‘State Only’’).
The EPA is only seeking comment on
Colorado’s proposed substantive
changes to the SIP-approved version of
Reg. 7, which are described below. We
are not seeking comment on
incorporation into the SIP of the revised
portions of the regulation that were
previously approved into the SIP and
have not been substantively modified by
the State as part of any of these
submittals.
As noted above, Colorado designated
various parts of Reg. 7 State Only, and
in Section I.A.1.c indicated that sections
designated State Only are not federally
enforceable. The EPA concludes that
provisions designated State Only have
not been submitted for the EPA’s
approval, but for informational
purposes. Hence, the EPA is not
proposing to act on the portions of Reg.
7 designated State Only, and this
proposed rule does not discuss them
further except as relevant to discussion
of the portions of the regulation that
Colorado intended to be federally
enforceable.
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A. Evaluation
(i) Section XII.B.
1. May 14, 2018 SIP Submittal
Section XII.B. contains definitions
specific to oil and gas operations in
Section XII. New definitions were added
for ‘‘approved instrument monitoring
method,’’ ‘‘centrifugal compressor,’’
‘‘component,’’ ‘‘connector,’’ ‘‘custody
transfer,’’ ‘‘infra-red camera,’’ ‘‘natural
gas compressor station,’’ ‘‘natural gasdriven diaphragm pump,’’ ‘‘natural gas
processing plant,’’ ‘‘reciprocating
compressor,’’ and ‘‘well production
facility.’’ The definitions are clear,
straightforward, and accurate.
The State’s May 14, 2018 SIP
submittal contains amendments to Reg.
7, Sections II.B., XII and XVIII to meet
RACT for oil and gas sources covered by
the EPA’s 2016 Oil and Gas CTG. The
submittal also includes clarifying
revisions and typographical,
grammatical, and formatting corrections
throughout Reg. 7. We propose to
approve the revisions to Sections XII
and XVIII included in Colorado’s May
14, 2018 submittal as identified in Table
5. All remaining Sections of the May 14,
2018 submittal were approved with our
February 24, 2021 action.44 Below, we
describe in detail Colorado’s proposed
revisions and the basis for our proposed
approval of them. Additional analysis
on how revisions meet RACT
requirements can be found in the TSD
for this action.
a. Section II
Section II includes general provisions
for Reg. 7. The revisions to Section II.B.
clarify that the Section XII.L.
hydrocarbon threshold and Section
XVIII natural gas emission standards
serve as VOC indicators and that the SIP
does not regulate hydrocarbon
emissions.
We propose to find that the revisions
clarify Sections XII.L., XVIII.C.1. and
XVIII.C.2. and are consistent with CAA
requirements and CTGs. We therefore
propose to approve the changes in
Section II.B.
b. Section XII
Section XII regulates VOC emissions
from, and establishes RACT for, oil and
gas operations. Section XII applies to
operations that involve the collection,
storage, or handling of condensate in the
DMNFR Area. Changes to Sections
XII.A. through XII.D. and XII.F. through
XII.F.L. include addition of definitions
for terms used in oil and gas operations;
clarifications to Colorado’s ozone
season; updates to the leak detection
and repair program; new provisions for
centrifugal and reciprocating
compressors, natural gas driven
diaphragm pumps, and fugitive
emissions at well production facilities
and natural gas compressor stations; and
minor clerical 45 revisions that do not
affect the substance of the requirements.
44 86
FR 11125 (Feb. 24, 2021).
we describe changes as clerical in this
proposed action, we are referring to changes like
section renumbering; alphabetizing of definitions;
minor grammatical, editorial, and typographical
revisions; and changes in capitalization.
45 When
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(ii) Section XII.C.1.
Section XII.C.1. includes provisions
that are generally applicable to Section
XII. Section XII.C.1.e.(iv) adds a new
requirement for combustion devices
installed on or after January 1, 2018 and
used to comply with Sections XII.J. or
XII.K. to be equipped with an
operational auto-igniter upon
installation. We propose to find that the
revisions to Section XII.C.1. meet CAA
and RACT requirements, and that they
strengthen the SIP.
(iii) Section XII.G.
Section XII.G. includes requirements
for natural gas-processing plants in the
8-hour Ozone Control Area. Section
XII.G.1. updates the leak detection and
repair (LDAR) program applicable to
equipment leaks at natural gas
processing plants in the DMNFR Area
by requiring owners or operators to
comply with 40 CFR part 60 (NSPS),
Subparts OOOO or OOOOa, instead of
complying with NSPS Subpart KKK,
which is an earlier NSPS and less
stringent. Subpart KKK requires sources
to implement a NSPS Subpart VV level
LDAR program, while Subpart OOOO
requires sources to implement a NSPS
Subpart VVa level LDAR program. The
oil and gas CTG recommends a Subpart
VVa level LDAR program for equipment
at natural gas processing plants. Section
XII.G.3. updates compliance dates for
owners and operators of existing natural
gas processing plants subject to Section
XII.G. requirements. We propose to find
that the revisions to Section XII.G. meet
CAA and RACT requirements, and that
they strengthen the SIP.
(iv) Section XII.H.
Section XII.H. sets forth emission
reduction requirements for glycol
natural gas dehydrators. Section XII.H.6.
establishes reporting requirements for
sources subject to Section XII.H. The
Commission revised references to
‘‘ozone season’’ in Section and XII.H.6.
to reflect that the requirements now
apply year-round, including during the
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months of May to September.46 47 We
propose to find that the revisions to
Section XII.H. strengthen the SIP and
meet CAA requirements.
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(v) Section XII.J.
Section XII.J. contains new provisions
for centrifugal and reciprocating
compressors. Section XII.J.1.a. requires
that by January 2, 2018, VOC emissions
from wet seal fluid degassing systems
on wet seal centrifugal compressors
located between the wellhead and the
point of custody transfer to the natural
gas transmission and storage segment
must be reduced by at least 95%.
Section XII.J.1.b. requires wet seal fluid
degassing systems to be equipped with
continuous, impermeable covers that are
connected through a closed vent system
that routes emissions from the wet seal
fluid degassing system to the process or
control device. Section XII.J.1.c.
requires annual visual inspections of the
cover and closed vent systems for
defects that could result in air
emissions.
Under Section XII.J.1.d., owners or
operators must conduct annual EPA
Method 21 inspections of covers and
closed vent systems to determine
whether they operate with VOC
emissions less than 500 ppm. Section
XII.J.1.e. requires first attempts at repair
to occur no later than five days after
detecting defects or leaks, and repairs to
be completed no later than 30 days after
detection. Section XII.J.1.f. sets forth
criteria for delaying inspection or repair
due to unsafe conditions and
accessibility issues. Owners or operators
are required to maintain records of each
cover or closed vent system that is
unsafe or difficult to inspect and
schedule for inspection when
circumstances allow.
Section XII.J.1.h. includes
recordkeeping requirements to
demonstrate compliance with Section
XII.J.1. Owners and operators must
maintain records for a minimum of five
years. As an alternative to the
inspection, repair, and recordkeeping
provisions, owners and operators may
inspect, repair, and document cover and
closed vent systems in accordance with
the LDAR program in Section XII.L.
Section XII.J.1.j. allows owners and
46 In October 2015, the EPA finalized a revision
to the ozone NAAQS that revised the length of
Colorado’s ozone season to year-round (Final rule,
National Ambient Air Quality Standards for Ozone,
80 FR 65292 (Oct. 26, 2015)).
47 We are also approving a similar provision in
Section XII.F.4. The provision applies to the
system-wide control strategy for condensate storage
tanks. In this action, we are proposing approval of
the control strategy for individual storage tanks in
new Part D, Section I.D. which replaces the systemwide strategy controls in Section XII.
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operators to comply with emissions,
inspections, repair, and recordkeeping
provisions of an NSPS including
Subparts OOOO and OOOOa in lieu of
Sections XII.J.1.a. through i.
Section XII.J.2. contains provisions for
reciprocating compressors. Section
XII.J.2.a. requires that the rod packing
on reciprocating compressors located
between the wellhead and the point of
custody transfer to the natural gas
transmission and storage segment be
replaced every 26,000 hours of
operation or every 36 months. Under
Section XII.J.2.a., owners or operators of
existing reciprocating compressors at
natural gas processing plants were
required to begin monitoring the
reciprocating compressor hours of
operation on January 1, 2018 and
conduct the first rod packing
replacement before January 1, 2021, or
route emissions to a process beginning
May 1, 2018.
Section XII.J.2.b. allows owners or
operators the option to reduce VOC
emissions by routing reciprocating
compressor emissions using a rod
packing emissions collection system
that operates under negative pressure
and routes the rod packing emissions
through a closed vent system to a
process. Owners and operators must
conduct annual visual inspections of the
cover and closed vent systems for
defects that could result in air
emissions. Section XII.J.2.b.(ii) requires
owners and operators to conduct annual
EPA Method 21 inspections of the cover
and closed vent system to determine
whether they operate with VOC
emissions less than 500 ppm. Section
XII.2.e. allows owners and operators to
comply with emissions, inspections,
repair, and recordkeeping provisions of
an NSPS in lieu of Sections XII.J.2.a.
through d.
First attempts at repair must be made
within five days of discovery, and
repairs must be completed within 30
days unless one of the justifications for
delay of repair in Section XII.J.2.b.(iv)
applies. Owners or operators may delay
subsequent repair attempts of
equipment where, during a scheduled
shutdown, the owner or operator
unsuccessfully repaired the leak
requiring repair if repair is completed
within two years of discovery. Delayed
inspection or repairs of the closed vent
system may occur under certain safety,
accessibility, and feasibility
circumstances described in Sections
XII.J.2.b.(iv)(A) through (D).
Section XII.J.2.c. includes
recordkeeping requirements to
demonstrate compliance with Section
XII.J.2. Owners and operators must
maintain records for a minimum of five
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years. As an alternative to the
inspection, repair, and recordkeeping
provisions, Section XII.J.2.d. allows
owners and operators to inspect, repair,
and document cover and closed vent
systems in accordance with the LDAR
program in Section XII.L. Section
XII.J.2.e. allows owners and operators to
comply with emissions, inspections,
repair, and recordkeeping provisions of
an NSPS, including Subparts OOOO
and OOOOa.
We propose to find that the provisions
in the new Section XII.J. strengthen the
SIP and meet CAA and RACT
requirements.
(vi) Section XII.K
Section XII.K adds requirements for
pneumatic pumps. Section XII.K.1
requires that natural gas-driven
diaphragm pneumatic pumps at natural
gas processing plants have a VOC
compound emissions rate of zero.
Section XII.K.2. establishes a May 1,
2018 effective date for owners or
operators to reduce emissions from
natural gas-driven diaphragm
pneumatic pumps at well production
facilities by 95% within 30 days of
startup of the control device or route
emissions to a process at the well
production facility. Pneumatic pump
emissions must be routed to the existing
control device even if is unable to
achieve a 95% emission reduction if it
is technically infeasible to route
emissions to a process. Section
XII.K.2.b. requires a 95% reduction from
pneumatic pumps within 30 days of
startup upon installation of a control
device or once routing emissions to a
process becomes technically feasible.
Pneumatic pump emissions are exempt
from controls if an engineering
assessment by a qualified professional
engineer determines that routing a
pneumatic pump to a control device or
process is technically infeasible.
Pneumatic pumps routing emissions to
the process or control device must
connect through a closed vent system.
Sections XII.K.2.e. through h. require
annual visual and EPA Method 21
inspections of the closed vent system.
First attempts at repairs must be made
within five days of discovery, and
repairs must be completed within 30
days unless one of the justifications for
delay of repair in Sections XII.K.2.h.
applies. Delayed inspection or repairs of
the closed vent system may occur under
certain safety, accessibility, and
feasibility circumstances described in
Sections XII.K.2.h.(i) through (iv).
Section XII.K.3. includes
recordkeeping requirements to
demonstrate compliance with Section
XII.K. Owners and operators must
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maintain records for a minimum of five
years. As an alternative to the
inspection, repair, and recordkeeping
provisions, XII.K.4. allows owners and
operators to inspect, repair, and
document cover and closed vent
systems in accordance with the LDAR
program in Section XII.L. Section
XII.K.5. allows owners and operators to
comply with emissions, inspections,
repair, and recordkeeping provisions of
an NSPS in lieu of Sections XII.K.1. and
XII.K.4.
We propose to find that the provisions
in the new Section XII.K. strengthen the
SIP and meet CAA and RACT
requirements.
(vii) Section XII.L
Section XII.L. establishes a new leak
detection and repair (LDAR) program for
well production facilities and natural
gas compressor stations in the DMNFR
Area.
This program, which we are now
reviewing for approval into the SIP, took
effect under state law beginning June 30,
2018. Under the LDAR program, owners
or operators of natural gas compressor
stations must inspect components for
leaks using an approved instrument
monitoring method (AIMM) at least
quarterly.48 As defined in new section
XII.B.3, AIMM means an infra-red
camera, EPA Method 21, or another
‘‘instrument based monitoring method
or program’’ that is approved in
accordance with Section XII.L.8,
discussed below. Initial inspections for
leaks from components at natural gas
compressor stations constructed on or
after June 30, 2018 must be conducted
no later than 90 days after the facility
commences operation and at least
quarterly thereafter.
Owners or operators at well
production facilities with uncontrolled
actual VOC emissions greater than or
equal to one ton per year and less than
or equal to six tons per year must
inspect components for leaks using an
AIMM at least annually. Well
production facilities with uncontrolled
VOC emissions greater than six tons per
year must be inspected at least semiannually. Sections XII.L.2.c. and Section
XII.L.2.d. set forth the criteria for
determining inspection frequency and
the timing of initial inspections. Initial
inspections for well production
facilities constructed on or after June 30,
2018 must be conducted no sooner than
15 days and no later than 30 days after
the facility commences operation.
48 The SIP at Reg. 7, Section XII.E.3, already
required an ‘‘audio, visual, olfactory’’ (AVO)
inspection required for storage tanks subject to
control requirements. That requirement remains in
effect.
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Monitoring components is not required
under certain safety, accessibility, and
feasibility circumstances described in
Sections XII.L3.a. through c.
Section XII.L.4. establishes thresholds
for leaks requiring repair under Section
XII.L.5. The first attempt to repair an
identified leak must be made within five
working days of discovery and
completed within 30 days unless one of
the justifications for delay of repair in
Sections XII.L.5.a(i) through (iii)
applies. Leaks must be re-monitored
within 15 working days of the repair.
Section XII.L.6. requires owners or
operators to keep records to demonstrate
compliance with the LDAR program and
to maintain those records for a
minimum of five years. Records include
documentation of the initial approved
AIMM inspection; facility identification
information; leaks requiring repair and
monitoring method used to determine
presence of the leak; dates of first
attempt to repair; dates and types of
repairs; delayed repair lists; remonitoring dates and results; and lists
of components designated as unsafe,
difficult, or inaccessible to monitor.
Section XII.L.7. requires that each
facility’s owner or operator submit an
annual LDAR report to ensure that the
data submitted to the Division
accurately represents and summarizes
the activities and effectiveness of the
LDAR program. Reports should include
the number of inspections, leaks
requiring repair, leaking component
type, and monitoring method by which
the leaks were found.
Section XII.L.8. describes the process
for review and approval of alternative
AIMM for use as a part of the LDAR
program. The provisions allow the use
of an alternative AIMM in lieu of or in
combination with the EPA-approved
AIMM (i.e., infra-red cameras or Method
21), if certain conditions are met under
Section XII.L.8.a. and if the Division
approves the proposal.
Because the alternative AIMM
regulation allows the authorization,
outside of the SIP approval process, of
a leak detection method not specified in
the submitted regulatory language or
elsewhere in the SIP, we must consider
whether it impermissibly allows the
state agency to revise the SIP at its own
discretion. Concerns with such rules,
often known as ‘‘director’s discretion’’
provisions, are discussed in detail in
EPA’s 2015 final rule responding to a
petition for rulemaking concerning how
SIPs treat excess emissions during
periods of startup, shutdown, or
malfunction (SSM), often referred to as
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the ‘‘SSM SIP Call’’ rulemaking.49 As
explained in the SSM SIP Call, the EPA
interprets the CAA as prohibiting ‘‘SIP
provisions that include unlimited
director’s discretion to alter the SIP
emission limitations applicable to
source.’’ 50 But the SSM SIP Call also
explains that there are circumstances in
which a director’s discretion provision
may be consistent with the CAA and
fully approvable, including ‘‘when the
director’s discretion authority is
adequately bounded such that the EPA
can ascertain in advance, at the time of
approving the SIP provision, how the
exercise of that discretion to alter the
SIP emission limitations for a source
could affect compliance with other CAA
requirements.’’ 51 The EPA has long
held this position. As explained in a
1996 EPA guidance document, it may be
appropriate for states to approve equally
stringent source-specific alternatives to
SIP-approved requirements, when the
SIP includes language ‘‘to provide
substantive criteria governing the State’s
exercise of the alternative requirement
authority.’’ 52
Here, the EPA’s view is that the State
rule provides sufficient specific,
substantive criteria to allow the EPA to
evaluate the use of discretion in
advance. Most significantly, under the
provisions of Section XII.L.8, alternative
AIMM must be ‘‘capable of achieving
emission reductions that are at least as
effective as the emissions reductions
achieved using an IR camera or Method
21.’’ This requirement ensures that the
State may not use its discretion to
approve a method that is less effective
than the SIP baseline.53 That is, in
implementing the alternative AIMM
program according to its requirements,
which we are proposing to make a part
of the SIP, the State will be unable to
weaken any SIP provisions.
49 Final action, State Implementation Plans:
Response to Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP
Calls to Amend Provisions Applying to Excess
Emissions During Periods of Startup, Shutdown and
Malfunction, 80 FR 33840, 33917–33924 (June 12,
2015).
50 Id. at 33917.
51 Id. at 33918.
52 White Paper Number 2 for Improved
Implementation of the Part 70 Operating Permits
Program (EPA OAQPS, March 5, 1996), Attachment
B (‘‘SIP Provisions For Establishing Alternative
Requirements’’), available at https://www.epa.gov/
sites/production/files/2015-08/documents/wtppr2.pdf.
53 See Final Rule, Revisions to Air Plan; Arizona;
Stationary Sources; New Source Review, 80 FR
67319, 67327 (Nov. 2, 2015) (approving rule as
appropriately bounded because state agency ‘‘does
not have discretion to determine in which instances
it will or won’t apply the criteria’’ in the
regulation).
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It is important in reaching this
conclusion that we are able to
understand the State’s process for
determining whether an alternative
AIMM is ‘‘at least as effective’’ as the
two methods specified in the SIP. First,
under the submitted rules at Section
XII.L.8.a.(ii)(C), an alternative AIMM
applicant must provide information on
whether the proposed alternative is
approved by other regulatory
authorities, and for what application.
This information will allow the State to
assess the reliability and viability of the
alternative. In addition, under Section
XII.L.8.a.(ii)(D), the applicant must
provide information, with supporting
data, on the leak detection capabilities
and limitations of the proposed
alternative method. This data
requirement is important to ensuring
that the potential exercise of discretion
in the alternative AIMM program is
adequately bounded.
The State has further explained this
process in a guidance document
provided to the EPA.54 As explained in
this document, in evaluating
effectiveness, Colorado assumes that a
certain level of emission reductions
would be achieved using either infrared
camera or Method 21 AIMM, on a
periodic basis with increasing emission
reductions under greater monitoring
frequencies, and compares the
anticipated results of the proposed
alternative AIMM to those numbers.55
Testing and modeling of the alternative
AIMM is required.56 Thus, the State’s
program includes a quantitative
evaluation according to specified
criteria.
Additional safeguards and constraints
in the alternative AIMM process
include:
• The Alternative AIMM approval has
to be made based on a record.
• The State must provide public
notice of the proposed alternative.
• Approved alternative AIMM is
made available to the public on a state
website: https://cdphe.colorado.gov/
alternative-aimm-public-notices.
One final feature of the State’s
alternative AIMM rule bears
mentioning. It includes a requirement
that the State agency submit the
proposed alternative AIMM to the EPA
for review. The alternative AIMM must
receive the EPA’s approval, but this
approval may occur by default if the
EPA does not disapprove the rule
within six months. While this six-month
EPA review period gives an additional
opportunity for regulatory scrutiny of
alternative AIMM proposals before
approval, it is not equivalent to the SIP
process, and is not the basis for our
proposed approval of this action.
Rather, it is because the alternative
AIMM rules provide substantive criteria
that constrain the State’s exercise of
discretion and allow the EPA to
anticipate the impacts of the use of
alternatives. For that reason, and as
explained further above, we propose to
approve the submitted new section
XII.L.
A detailed evaluation of Section XII as
a whole is in the TSD for this action. We
propose to find that the submitted
revisions to Section XII meet CAA and
RACT requirements, and that they
strengthen the SIP.
c. Section XVIII
Section XVIII regulates emissions
from natural gas-actuated pneumatic
controllers located at or upstream of
natural gas processing plants, and
establishes RACT requirements for oil
and gas operations. Section XVIII.C.1.
requires that all pneumatic controllers
installed on or before February 1, 2009
upstream of natural gas processing
plants in the DMNFR Area must emit
natural gas emissions in an amount
equal to or less than a low-bleed
pneumatic controller, unless a highbleed pneumatic controller is required
for safety or process purposes. Section
XVIII.C.2. requires that all pneumatic
controllers at natural gas processing
plants have a bleed rate of zero unless
a pneumatic controller with a bleed rate
greater than zero is necessary due to
safety and process. Monitoring and
recordkeeping requirements are set forth
in Sections XVIII.D. and XVIII.E. and
include inspection, maintenance, and
records demonstrating compliance with
emission reduction requirements in
Section XVIII.C. Section XVIII.D.2.
establishes additional monitoring and
maintenance for pneumatic controllers
with a natural gas bleed rate greater than
zero.
A detailed evaluation of Section XVIII
is in the TSD for this action. We propose
to find that the revisions to Section
XVIII strengthen the SIP and meet CAA
and RACT requirements. We therefore
propose to approve the changes in
Section XVIII.
2. May 8, 2019 Submittal
The State’s May 8, 2019 submittal
contains typographical, grammatical,
and formatting corrections to Reg. 7
Sections XII and XVIII that were not
acted on in our February 24, 2021
action.57 The revisions do not change
the substance of approved SIP
provisions. We therefore propose to
approve the revisions in Sections XII
and XVIII.
3. May 13, 2020 SIP Submittal
The State’s May 13, 2020 SIP
submittal contains amendments to Reg.
7, including a full reorganization of the
regulation into Parts A–E. Table 4 show
the current Reg. 7 numbering as related
to the proposed Reg. 7 renumbering.
TABLE 4—CURRENT AND REORGANIZED REG. 7 SECTIONS
Current Reg. 7 sections
Reorganized Reg. 7 sections
Part A
I. Applicability ..................................................................................................................................
II. General Provisions ......................................................................................................................
Appendix A. Colorado Ozone Nonattainment or Attainment Maintenance Areas ..........................
Part A, Section I.
Part A, Section II.
Part A, Appendix A.
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Part B
III. General Requirements for Storage and Transfer of Volatile Organic Compounds ..................
IV. Storage of Highly Volatile Organic Compounds ........................................................................
54 See Alternative AIMM Guidance & Procedures
(CDPHE, Oct. 31, 2019) (EPA–R08–OAR–2021–
0262–0003).
55 See Alternative AIMM Guidance at 6.
56 In this respect the state’s guidance, provided to
EPA to assist in explaining the functioning of the
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state program, clarifies one arguable ambiguity in
the submitted language. Specifically, the comma
after ‘‘data’’ in XII.L.8.a.(ii)(I) leaves unclear
whether the rule requires data or modeling, or data
and modeling; the state’s guidance makes clear that
‘‘and’’ is intended when it says that modeling
should not be relied on exclusively for this
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Part B, Section I.
Part B, Section II.
demonstration, but that there should be testing as
well. See also Letter from Garry Kaufman, Director,
Air Pollution Control Division (March 24, 2021)
providing clarifying information, available in the
docket for this action.
57 86 FR 11125.
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TABLE 4—CURRENT AND REORGANIZED REG. 7 SECTIONS—Continued
Current Reg. 7 sections
Reorganized Reg. 7 sections
V. Disposal of Volatile Organic Compounds ...................................................................................
VI. Storage and Transfer of Petroleum Liquids ..............................................................................
VII. Crude Oil ..................................................................................................................................
VIII. Petroleum Processing and Refining ........................................................................................
XV. Control of Volatile Organic Compound Leaks from Vapor Collection Systems and Vapor
Control Systems Located at Gasoline Terminals, Gasoline Bulk Plants, and Gasoline Dispensing Facilities.
Appendix B. Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks ..................
Appendix C. Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants (Vapor Balance System).
Appendix E. Test Procedures for Annual Pressure/Vacuum Testing of Gasoline Transport
Tanks.
Part
Part
Part
Part
Part
B,
B,
B,
B,
B,
Section
Section
Section
Section
Section
III.
IV.
V.
VI.
VII.
Part B, Appendix B.
Part B, Appendix C.
Removed (paragraphs B and E moved into
section, and references replaced with EPA
Method 27).
Part C
IX. Surface Coating Operations ......................................................................................................
X. Use of Cleaning Solvents ...........................................................................................................
XI. Use of Cutback Asphalt .............................................................................................................
XIII. Graphic Arts and Printing ........................................................................................................
XIV. Pharmaceutical Synthesis .......................................................................................................
Appendix D. Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor
Degreasers.
Appendix F. Emission Limit Conversion Procedure .......................................................................
Part
Part
Part
Part
Part
Part
C,
C,
C,
C,
C,
C,
Section I.
Section II.
Section III.
Section IV.
Section V.
Appendix D.
Part C, Appendix E.
Part D
XII. Volatile Organic Compound Emissions from Oil and Gas Operations ....................................
XVII. (State Only, except Section XVII.E.3.a.,which was submitted as part of the Regional Haze
SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-Fired Reciprocating Internal Combustion Engines.
Part D, Section I.
Part D, Section II.
Part E
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XVI.A.–C. (natural gas fired reciprocating internal combustion engines in the 8-hour ozone control area) and XVII.E. (new, modified, existing, and relocated natural gas fired reciprocating
internal combustion engines).
XVI.D. Control of Emissions from Stationary and Portable Combustion Equipment in the 8-Hour
Ozone Control Area.
XIX. Control of Emissions from Specific Major Sources of VOC and/or NOX in the 8-Hour
Ozone Control Area.
XX. Control of Emissions from Breweries in the 8-Hour Ozone Control Area ...............................
The State’s May 13, 2020 SIP
submittal also updates requirements for
gasoline transport trucks, bulk
terminals, and service stations;
establishes a storage tank control
threshold in lieu of the current systemwide control strategy; strengthens
storage tank monitoring requirements;
aligns related recordkeeping and
reporting; and adds RACT requirements
for major sources of VOC and/or NOx in
the 8- hour Ozone Control Area. The
submittal also includes clarifying
revisions and typographical,
grammatical and formatting corrections
throughout Reg. 7. We propose to
approve the revisions to Reg. 7 included
in Colorado’s May 13, 2020 submittal as
identified in Table 5. Below, we
describe in detail Colorado’s proposed
revisions and the basis for our proposed
approval of them. Additional analysis
on how revisions meet RACT
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requirements can be found in the TSD
for this action.
a. Part A
The revisions add a new Part A
heading, encompassing Sections I and
II. Part A contains applicability and
general provisions for Reg. 7. The
revisions also include renumbering and
updates to Parts and Sections referenced
throughout Part A. The revisions do not
change the substance of SIP approved
rules. We therefore propose approval of
the changes to Part A.
b. Part B
The revisions add a new Part B
heading for Sections I, II, III, IV, V, VI,
VII (previously Reg. 7, Sections III
through XV). and appendixes B and C.
Part B regulates the storage, transfer,
and disposal of VOC and petroleum
liquids and petroleum processing and
refining. The revisions to Reg. 7, Part B,
Sections IV and VII update the gasoline
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Part E, Section I.
Part E, Section II.
Part E, Section III.
Part E, Section IV.
transport truck testing and associated
recordkeeping requirements and update
and clarify the vapor system
requirements. Revisions also include
renumbering and updates to Parts and
Sections referenced throughout Part B.
Section IV (previously Section VI)
regulates the storage and transfer of
petroleum liquid, and Section VII
(previously Section XV) regulates VOC
leaks from vapor collection systems
located at gasoline terminals, gasoline
bulk plans, and gasoline dispensing
facilities. Revisions to Sections IV and
VII and the removal of the former
Appendix E update requirements for
gasoline transport trucks, bulk
terminals, and service stations to align
with current federal requirements for
gasoline transport truck testing and
vapor control systems. Section IV.A.2.j.
adds a new definition for ‘‘vapor
collection system.’’ The definition is
clear, straightforward, accurate, and
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consistent with the definition in
Sections IV.D.1.b.(ii) and VII.A.3.c.
Revisions made in Section IV.B.3.
clarify that vapor collection systems
must be leak-tight and properly
maintained and operated.
Section IV.D. regulates VOC leaks
from gasoline transport trucks. Revision
to Sections IV.D.2 and IV.D.3. replace
the outdated vacuum-pressure test in
the CTG for Control of Volatile Organic
Compound Leaks from Gasoline Tank
Trucks and Vapor Collection Systems 58
with the more current EPA Method 27.59
Federal standards in NSPS XX 60,
NESHAP R 61, NESHAP BBBBBB 62, and
NESHAP CCCCCC 63 reference the
EPA’s Method 27, Determination of
Vapor Tightness of Gasoline Delivery
Tank Using Pressure Vacuum Test, in
contrast to the CTG’s pressure-vacuum
test. The test values in Reg. 7 Section
IV.D.4 were also updated and are based
on the EPA’s CTG and correspond to the
EPA Method 27 test values in NSPS XX,
NESHAP R, NESHAP BBBBBB, and
NESHAP CCCCCC. Recordkeeping and
certification requirements in Section
IV.D.4. were updated to correspond to
the EPA’s Method 27 and federal
standards.
Under CAA section 110(l), the EPA
cannot approve a SIP revision that
interferes with any requirement
concerning attainment, reasonable
further progress, or any other applicable
requirement of the Act. We propose to
find that the revisions to Section IV.D.
comply with section 110(l) because the
revisions are limited to updating the
pressure vacuum test and values to be
consistent with more recent EPA
regulations for gasoline tank trucks and
vapor collection systems, and the
changes do not weaken the SIP.
We propose to find that the revisions
in Part B are consistent with gasoline
transport truck, terminal, and service
station control and testing requirements
58 Control of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor Collection
Systems, Appendix A, EPA–450/2–78–051. Dec.
1978.
59 See also 40 CFR 63.425(e).
60 Standards of Performance for Bulk Gasoline
Terminals (40 CFR part 60, subpart XX (August 18,
1983, last revised December 19, 2003)).
61 National Emission Standards for Gasoline
Distribution Facilities (Bulk Gasoline Terminals
and Pipeline Breakout Stations) (40 CFR part 63
Subpart R (December 14, 1994, last revised April 6,
2006)).
62 National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline
Distribution Bulk Terminals, Bulk Plants, and
Pipeline Facilities (40 CFR part 63, subpart
BBBBBB (January 10, 2008, last revised January 24,
2011)).
63 National Emission Standards for Hazardous Air
Pollutants for Source Category: Gasoline Dispensing
Facilities (40 CFR part 63, subpart CCCCCC
(January 10, 2008, last revised January 24, 2011)).
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of current NSPS and NESHAP standards
and that approval of the submittal
would comply with CAA Sections 110(l)
and 193. We therefore propose to
approve the revisions in Part B.
c. Part C
The revisions add a new Part C
heading encompassing Sections I, II, III,
IV, V (previously Reg. 7, Sections IX–XI,
XIII, XIV) and appendixes D and E
(formerly appendixes D and F). Part C
regulates surface coating, solvents,
asphalt, graphic arts and printing, and
pharmaceuticals. The revisions also
include renumbering and updates to
Parts and Sections referenced
throughout Part C, and adds a new
categorical rule regulating VOC
emissions from and establishing RACT
for general solvent use in Section II.F.
Section II.F. addresses VOC emissions
from sources with a potential to emit 50
tons per year of VOC and with solvent
use emissions greater than or equal to
two tons per year in the DMNFR Area.
Section II.F.3. sets forth work practice
requirements including covering
containers, proper disposal of solvent
waste, and the use of good air pollution
practices such as the use of low/no VOC
solvent if possible, using only amounts
needed, submerged fill pipes, closed
loop systems, and maintaining
operations to be leak free. Section II.F.4.
requires operations that use solvents
with uncontrolled actual VOC emissions
greater than or equal to 25 tons per year
to reduce emissions by 90%. Sections
II.F.5. and 6. set forth monitoring and
recordkeeping requirements. Records
must be maintained for a minimum of
two years. Sources subject to Section
II.F.4. requirements are also subject to
additional control requirements,
monitoring, performance testing, and
recordkeeping requirements for general
solvent use operations.
We propose to find that the provisions
meet CAA and RACT requirements, and
that they strengthen the SIP. We
therefore propose to approve the
changes in Part C.
d. Part D
The revisions add a new Part D.
heading for Sections I, II, and III
(previously Reg. 7, Sections XII, XVII,
and XVIII), and new Sections IV and
V.64 Part D regulates oil and natural gas
operations. The revisions also include
renumbering and updates to Parts and
Sections referenced throughout Part D,
establishing a storage tank control
64 Parts of the submission, including all of new
Sections IV and V, are State Only requirements. We
therefore will not be acting on these Sections. The
State Only provisions are excluded from the list of
provisions that we are acting on in Table 5.
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threshold in lieu of the current systemwide control strategy, strengthening
storage tank monitoring requirements,
aligning related recordkeeping and
reporting, and other SIP cleanup and
strengthening measures.
(i) Section I.A.
Section I.A. contains applicability
provisions for Part D. The revisions to
Section I.A. streamline and clarify
sources subject to Part D and remove the
exemption associated with the systemwide control program for owners or
operators of condensate tanks with total
actual uncontrolled VOC emissions less
than 30 tpy (previously Section
XII.A.7.).
(ii) Sections I.B. and I.C.
Section I.B. contains definitions
applicable to Part D. A new definition
for ‘‘commencement of operation’’ was
added for consistency with Regulation
Number 3 and for clarity as to the
applicability of other control
requirements. New definitions for
‘‘intermediate hydrocarbon liquid,’’
‘‘produced water,’’ ‘‘storage tank,’’ and
‘‘storage vessel’’ were also added. The
definitions are clear, straightforward,
accurate.
Section I.C. contains general
provisions for Part D. Section I.C.2.
specifies how operators must calculate
emissions and emission reductions to
demonstrate compliance with control
requirements. The revisions in Section
I.C.2.a.(iv) expand current provisions to
tanks storing produced water or
hydrocarbon liquids other than
condensate.
(iii) Section I.D.
Section I.D. contains provisions for
storage tank emissions controls. In 2004
the Commission adopted the initial
system-wide control strategy, which
required operators to reduce emissions
from their system of condensate tanks.
The ‘‘system’’ was composed of
condensate tanks with uncontrolled
actual VOC emissions equal to or greater
than two tpy, and allowed operators to
decide which tanks to control if
emissions from the ‘‘system’’ were
reduced by specified percentages. The
revisions in Section I.D. replace the
system-wide control strategy with an
individual storage tank control strategy
in Section I.D.3. Operators in the
DMNFR Area were required to install
controls on storage tanks with
uncontrolled actual VOC emissions
equal to or greater than four tpy by May
1, 2020. The control requirements in
Section I.D. were expanded to include
crude oil and produced water tanks.
According to the Division, this will
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result in more tanks being controlled.65
Section I.D.3.a.(i) requires that storage
tanks with uncontrolled actual
emissions of VOC equal to or greater
than four tons per year collect and
control emissions from each storage
tank by routing emissions to and
operating air pollution control
equipment that achieves a VOC control
efficiency of 95%; combustion devices
must have a design destruction
efficiency of at least 98% for VOC
unless authorized by permit before
March 1, 2020. Section I.D.3.c. requires
that storage tanks below the four tpy
threshold that increase emissions above
the threshold must be in compliance
within 60 days of the first date of the
month in which the threshold was
exceeded. The Commission has
determined that the four tpy threshold
and implementation timetable is costeffective, technically feasible, and will
ensure no backsliding as provided for in
the Clean Air Act, Section 110(l).66
Colorado also submitted a provision
for inclusion in the SIP that was
previously state-only. Section I.D.2.a.
requires that that operators of newly
constructed tanks employ controls
during the first 90 days after the date of
first production. The provision is
proposed for inclusion in the SIP to
avoid confusion as to whether
compliance with the requirement can be
considered a limitation upon a source’s
potential to emit for purposes of
permitting.
(v) Section I.F.
Section I.F. contains provisions for
storage tank recordkeeping and
reporting. As a result of replacing the
system-wide control strategy with the
fixed control threshold in Section I.D.,
recordkeeping and reporting
requirements for demonstrating
compliance with Section I.D. were
revised in Section I.F. Operators subject
to the system-wide control strategy were
given until August 31, 2020, to submit
the report for the time period in 2020
during which the system-wide control
strategy remained effective (i.e. January
1–April 30, 2020). Section I.F.2 contains
the recordkeeping and reporting scheme
for the tanks subject to the new four tpy
control threshold provision. Under
Sections I.F.2. and I.F.3., owners or
operators of storage tanks subject to
Section I.D.3. must maintain records
and submit annual reports including
information regarding inspections,
calendar monthly VOC emissions,
emission factors used, and the control
efficiency of air pollution control
equipment. Reports must be retained for
a minimum of five years.
(vi) Section I.L.
Section I.L. contains provisions for
the DMNFR Area leak detection and
repair program. Sections I.L.2.a. and
I.L.2.b. revised language clarifies that
applicability for leak inspections at well
production facilities are based on rolling
twelve-month emission totals and not a
calendar year basis.
(iv) Section I.E.
(vii) Section II
Section I.E. contains provisions for
monitoring of storage tanks and air
pollution control equipment. Section
I.E. was revised to apply the monitoring
requirements for all storage tanks
controlled pursuant to Section I.D.,
which will ensure monitoring of
condensate tanks, crude oil, and
produced water tanks on a weekly basis
per Section I.E.2.c. The required
inspections have also been updated to
include elements that can impact the
performance of well production facility
equipment and reduce emissions
including checking that burner trays are
not visibly clogged, that pressure relief
valves are properly sealed, and that vent
lines are closed. Inspection
documentation requirements in former
Section XII.E.3. were removed and
moved to Section I.F.2.c.(iii) in order to
condense all recordkeeping
requirements in Section I.F.
Section II contains statewide controls
for oil and gas operations. The majority
of Section II consists of State Only
requirements. However, the
Commission submitted previous State
Only revisions for inclusion in the SIP
to Section II.C.1.b.(ii), which requires
that operators of newly constructed
tanks employ controls within 90 days of
commencement of operation. Previous
State Only requirements in Section II.G.
were also submitted for inclusion in
Colorado’s SIP. The provisions require
control of emissions coming off a
separator after a well is newly
constructed, hydraulically fractured, or
recompleted. These emissions must be
routed to a gas gathering line or
controlled by air pollution control
equipment. The provisions were
submitted for inclusion in the SIP to
clarify permitting compliance
requirements in Reg. 3.
We propose to find that the revisions
to Part D meet CAA and RACT
requirements, and that they strengthen
65 See
66 See
pp. 592–593 of the May 13, 2020 submittal.
p. 591 of the May 13, 2020 submission.
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32667
the SIP. We therefore propose to
approve the changes in Part C.
e. Part E
The revisions add a new Part E
heading for Sections I, II, III, and IV
(previously Reg 7, Sections XVI, XIX,
and XX). Part E regulates emissions
from combustion equipment at major
sources of RACT. The revisions also
include renumbering and updates to
Parts and Sections referenced
throughout Part E, add RACT
requirements in Colorado’s ozone SIP
for 50 tpy major sources of VOC and/or
NOX, and other cleanup and
strengthening measures.67
(i) Section II
Section II provisions control
emissions from stationary and portable
combustion equipment in the DMNFR
area. Section II.A.1.b. expands the
applicability of Section II requirements
to stationary combustion equipment at
major sources of NOX as of January 27,
2020. New definitions were added in
Section II.A.3. for ‘‘ceramic kiln,’’
‘‘dryer,’’ and ‘‘furnace’’ to support the
expanded combustion adjustment
requirements in Section II.A.6. The
definitions are clear, straightforward,
and accurate.
Owners or operators of combustion
equipment specified in Section II.A.1.b.
must comply with emission limits in
Section II.A.4. by July 20, 2021. This
date is consistent with the EPA’s
implementation deadline for RACT
measures not tied to attainment.68 New
Sections II.A.4.a.(iii) expands emission
limits requirements for boilers over 100
MMBtu/hr larger boilers and Section
II.A.4.a.(iv) adds emission limits for
boilers between 50 and 100 MMBtu/hr
located at sources greater than or equal
to 50 tpy of NOX. Applicability of
combustion process adjustment
requirements in Section II.A.6. was
expanded to include individual pieces
of combustion equipment at major
sources of NOX under a Serious
classification. The requirements of
Section II.A.6.a.(ii) apply to boilers,
duct burners, process heaters, stationary
combustion turbines, stationary
67 The revisions to Sections II.A.1.b., II.A.4.a.(iii)
and (iv), II.A.6.a.(ii), and II.A.6.b.(viii)(B) include
the placeholder language [EFFECTIVE DATE OF
THE RECLASSIFICATION] because the
Commission approved the revisions before the EPA
finalized reclassification of the DMNFR Area to
Serious. The EPA finalized its reclassification of the
Area on December 26, 2019. See Final rule, Finding
of Failure To Attain and Reclassification of Denver
Area for the 2008 Ozone National Ambient Air
Quality Standard, 84 FR 70897.
68 Final Rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone
National Ambient Air Quality Standard, 84 FR
70897, 70900 (Dec. 26, 2019).
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reciprocating internal combustion
engines, dryers, furnaces, and ceramic
kilns that have uncontrolled actual NOX
emissions equal to or greater than five
tpy that existed at major sources of NOX
as January 27, 2020. Sections II.A.6.(v)–
(vii) expand combustion process
adjustment requirements to dryers,
furnaces, and ceramic kilns. Sections
II.A.6.b.(viii)(A)–(C) clarify and expand
combustion adjustment frequency
requirements, including dates for initial
combustion process adjustments.
We propose to find that the revisions
to Section II are consistent with CAA
requirements, and that they strengthen
the SIP.
(ii) Section III
Section III provisions control
emissions from specific major sources of
VOC and/or NOX in the DMNFR area.
Section III.B.1. establishes emission
limits and associated monitoring,
recordkeeping, and reporting (MRR)
requirements for stationary internal
combustion engines at certain major
sources to meet RACT. Section III.B.2.
sets forth flare requirements and Section
III.B.3. establishes MRR requirements
for specific emission points at certain
major sources to meet RACT. Section
III.B.4. requires certain major sources to
submit RACT analyses to the Division.
We propose to find that the revisions to
Sections III.B.1. through 4. strengthen
the SIP and meet CAA requirements. We
also propose to find that Sections III.B.1.
through 2. establishes RACT
requirements for certain major sources
by incorporating federal regulations.
We propose to find that the revisions
to Part E are consistent with CAA
requirements, and that they strengthen
the SIP. We therefore propose to
approve the changes in Part E.
VII. Proposed Action
For the reasons expressed above, the
EPA proposes to approve revisions to
Sections II, XII, and XVIII of Reg. 7 from
the State’s May 14, 2018 and May 8,
2019 submittals and Parts A through E
from the State’s May 13, 2020
submission as shown in Table 5, except
for those revisions we are not acting on
as represented in Table 6. We are
proposing to approve Colorado’s
determination that the above rules
constitute RACT for the specific
categories addressed in Tables 2 and 3.
A comprehensive summary of the
revisions in Colorado’s Reg. 7 organized
by the EPA’s proposed rule action,
reason for proposed ‘‘no action’’ and
submittal date are provided in Tables 5
and 6.
TABLE 5—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA PROPOSES TO APPROVE
Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020 submittals proposed for approval
May 14, 2018 Submittal:
II.B, XII.A.2, XII.B.1.-XII.B.3., XII.B.6–XII.B.13, XII.B.16–XII.B.21., XII.B.25., XII.C.1.d.-XII.C.1.e., XII.C.1.e.(iv), XII.D., XII.F., XII.F.3.a.(i)XII.F.3.a.(x), XII.F.5., XII.G., XII.G.1., XII.G.3., XII.G.4., XII.H.3., XII.H.6.a., XII.I., XII.J., XII.J.1, XII.J.1.a.-j., XII.J.2., XII.J.2.a.-e., XII.K.,
XII.K.1., XII.K.2., XII.K.2.a.-h(iv), XII.K.3., XII.K.3.a., XII.K.a.(i)-(vi), XII.K.4., XII.K.5., XII.L., XII.L.1., XII.L.1.a.-b., XII.L.2., XII.L.2.a.-d.,
XII.L.3., XII.L.3.a.-c., XII.L.4., XII.L.4.a.-e., XII.L.5., XII.L.5.a.-c., XII.L.6., XII.L.6.a.-i., XII.L.7., XII.L.7.a.-g., XII.L.8., XII.L.8.a., XII.L.8.a.(i)(ii), XII.L.8.a.(ii)(A)-(I), XII.L.8.a.(iii), XII.L.8.a.(iv), XII.L.8.a.(v), XVIII, XVIII.B.1..-B.3., XVIII.B.5.-11., XVIII.C.-XVIII.C.2.c.(ii), XVIII.D.XVIII.D.2.b., and XVIII.E.-XVIII.E.2.c.
May 8, 2019 Submittal:
XII.B.12., XII.B.13., XII.B.20., XIII.G.3., XII.J.1.j., XII.J.2.e., XII.K.5., XVIII.B.1., XVIII.B.5., XVIII.B.7.-9., and XVIII.D.1.b.
May 13, 2020 Submittal:
Outline of Regulation, PART A, I.A.1.c., I.B.1.c., I.B.2.h., II.B., PART B, I.-I.C., II.—B., III.-III.B., IV.- IV.D.4.e., V.-V.C., VI.- VI.C.4.c.(ii), VII.VII.B.2.b., Appendix B, V., VIII., Appendix C, PART C, I.- I.O.5.a.(v), II.- II.F.6.j., III.- III.B.3.b., IV- IV.B.5.c.(iii)(B), V.-V.C.1., Appendix D
(renumbering), PART D, I.-I.B.27., I.B.29.-I.C.e., I.C.1.e.(iii)-(iv), I.C.2.- I.C.2.a.(v), I.D.- I.D.3.a.(i), I.D.3.b.- I.D.3.b.(iii), I.D.3.b.(v),
I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.- I.E.1.a., I.E.2.- I.E.2.c.(ii), I.E.2.c.(iv)- I.E.2.c.(viii), I.F.-I.F.1.d., .I.F.1.g.-I.F.1.g.(xii), I.F.1.h.- I.F.2.a., I.F.2.c.I.F.2.c.(vi), I.F.3., I.F.3.a., I.F.3.c.- I.F.3.c.(i)(C), I.G.-I.H.1., I.H.3.-I.L.8.a.(v)., II.C., II.C.1., II.C.1.b.(ii)-(B), II.F, III.-III.B.3., III.B.5., III.B.7.III.C.2.c.(ii), III.D.-III.D.2.b., III.D.3.b., III.E.-III.E.2.c., PART E, I.-I.D., I.D.3.-I.D.3.a.(ii), II.-II.A.4.b., II.A.4.b.(ii)-II.A.4.c., II.A.4.e.-II.A.8.b.(i),
III.-III.B.4.n., IV.-IV.A.7.c.
TABLE 6—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS PROPOSING TO TAKE NO ACTION ON
Revised sections
Reason for proposed ‘‘no action’’
May 14, 2018 Submittal:
XII.A.1., XII.A.1.c., XII.A.1.d.(ii), XII.A.2.-7., XII.B., XII.B.4.-5., XII.B.12.-14., XII.B.22.-24.,
XII.C., XII.C.1.a., XII.C.1.e.(i)-(ii), XII.C.1.f.-(ii), XII.D., XII.D.1., XII.D.2.a.-(i),
XII.D.2.a.(vi)-(vii), XII.E., XII.E.2.c., XII.F., XII.F.4..
May 14, 2018 Submittal:
XVIII.B.4 69 ...............................................................................................................................
May 13, 2020 submittal:
II.A.4.d.-(i) ................................................................................................................................
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VIII. Incorporation by Reference
In this document, the EPA is
proposing to include regulatory text in
an EPA final rule that includes
69 Revised
Section III.B.4.
March 1, 2021 email and attached letter
from Colorado on ‘‘Revised Pneumatics SIP
Revisions Justification’’ and May 3, 2021 email from
Leah Martland, Colorado Air Pollution Control
70 See
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incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is proposing to
incorporate by reference Colorado
AQCC Regulation 7 pertaining to the
Division (contained within the docket). The
definition for ‘‘enhanced response’’ is in reference
to the State Only pneumatics find and fix program
and thus not applicable to SIP provisions.
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Superseded by May 13, 2020 submittal.
State requested this be ‘‘state only’’ definition.70
Provision not previously approved in the SIP.
control of ozone via ozone precursors
and control of hydrocarbons vial oil and
gas emissions discussed in section VI 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
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section of this
preamble for more information).
lotter on DSK11XQN23PROD with PROPOSALS1
INFORMATION CONTACT
IX. 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 choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. The proposed 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).
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
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Low-Income Populations, 59 FR 7629,
February 16, 1994) directs federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. We are proposing to
approve state rules as meeting the CAA
standard for RACT, which EPA has
defined as the lowest emission
limitation that a particular source is
capable of meeting by the application of
control technology that is reasonably
available considering technological and
economic feasibility. Accordingly, we
propose to determine that this rule, if
finalized, will not have
disproportionately high or adverse
human health or environmental effects
on minority or low-income populations.
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 11, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021–12875 Filed 6–21–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 2, 15, 25, 27 and 101
[WT Docket No. 20–443, GN Docket No. 17–
183; DA 21–649; FR ID 32905]
Expanding Flexible Use of the 12.2–
12.7 GHz Band
Federal Communications
Commission.
ACTION: Proposed rule, extension of
reply comment period.
AGENCY:
In this document, the
Commission grants the request by
SpaceX Holdings, LLC, WorldVu
Satellites Limited, Kepler
Communications, Intelsat License LLC,
and SES S.A., for an extension of the
reply comment deadline for the
proposed rule published in the Federal
Register.
DATES: The reply comment period for
the proposed rule published April 16,
2021, at 86 FR 20111, is extended. Reply
SUMMARY:
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32669
comments should be received either on
or before July 7, 2021.
ADDRESSES: You may submit comments,
identified by WT Docket No. 20–443
and GN Docket No. 17–183, by any of
the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
• During the time the Commission’s
building is closed to the general public
and until further notice, if more than
one docket or rulemaking number
appears in the caption of a proceeding,
paper filers need not submit two
additional copies for each additional
docket or rulemaking number; an
original and one copy are sufficient.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
FOR FURTHER INFORMATION CONTACT:
Madelaine Maior of the Wireless
Telecommunications Bureau,
Broadband Division, at 202–418–1466
or Madelaine.Maior@fcc.gov; or Simon
Banyai of the Wireless
Telecommunications Bureau,
Broadband Division, at 202–418–1443
or Simon.Banyai@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order in
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[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32656-32669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12875]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0262; FRL-10025-02-Region 8]
Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other
RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of State Implementation Plan (SIP) revisions submitted by the
State of Colorado on May 14, 2018, May 8, 2019, and May 13, 2020. The
revisions are to Colorado Air Quality Control Commission (Commission or
AQCC) Regulation Number 7 (Reg. 7). The revisions to Reg. 7 address
Colorado's SIP obligation to require reasonably available control
technology (RACT) for sources covered by the 2016 oil & natural gas
control techniques guidelines (CTG or CTGs) for Moderate nonattainment
areas under the 2008 ozone National Ambient Air Quality Standard
(NAAQS); update RACT requirements for major sources of volatile organic
compounds (VOC) and nitrogen oxides (NOx); reorganize the
regulation; add incorporation by reference dates to rules and reference
[[Page 32657]]
methods; and make typographical, grammatical, and formatting
corrections. Also, the EPA is proposing to finalize approval of the
State's negative declaration that there are no sources in the Denver
Metro/North Front Range (DMNFR) Area subject to the aerospace CTG,
which was conditionally approved in our February 24, 2021 rulemaking.
The EPA is taking this action pursuant to the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 22, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0262, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
www.regulations.gov. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6563, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. What action is the EPA taking?
As explained below, the EPA is proposing to approve various
revisions to the Colorado SIP that were submitted to the EPA on May 14,
2018, May 8, 2019, May 13, 2020, and March 22, 2021. In particular, we
propose to approve certain Reg. 7 rules to meet the 2008 8-hour ozone
NAAQS oil and gas CTG RACT requirements for Moderate nonattainment
areas that were not acted on in our July 3, 2018 \1\ and February 24,
2021 \2\ rulemakings. We are also proposing to approve certain area
source rules as meeting the 2008 8-hour ozone NAAQS RACT requirements
for Serious nonattainment areas. Additionally, we are proposing to
finalize approval of the State's negative declaration that there are no
sources in the DMNFR Area subject to the aerospace CTG, which was
conditionally approved in our February 24, 2021 \3\ rulemaking.
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\1\ Final Rule, 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, 83 FR
31068, 31069-31072.
\2\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126 -11127.
\3\ 86 FR 11125.
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The specific bases for our proposed actions, our analyses, and
proposed findings are discussed in this proposed rulemaking. Technical
information that we are relying on is in the docket, available at
https://www.regulations.gov, Docket No. EPA-R08-OAR-2021-0262.
II. Background
2008 8-Hour Ozone NAAQS Nonattainment
On March 12, 2008, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.075 parts per million (ppm) (based on
the annual fourth-highest daily maximum 8-hour average concentration,
averaged over 3 years), to provide increased protection of public
health and the environment.\4\ The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Specifically, the 2008 8-hour ozone
NAAQS is attained when the 3-year average of the annual fourth-highest
daily maximum 8-hour average ambient air quality ozone concentrations
is less than or equal to 0.075 ppm.\5\
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\4\ Final rule, National Ambient Air Quality Standards for
Ozone, 73 FR 16436 (March 27, 2008). The EPA has since further
strengthened the ozone NAAQS, but the 2008 8-hour standard remains
in effect. See Final Rule, National Ambient Air Quality Standards
for Ozone, 80 FR 65292 (Oct. 26, 2015).
\5\ 40 CFR 50.15(b).
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Effective July 20, 2012, the EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data.\6\ With that
rulemaking, the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado
area (Denver or DMNFR Area) area was designated nonattainment and
classified as Marginal.\7\ Ozone nonattainment areas are classified
based on the severity of their ozone levels, as determined using the
area's design value. The design value is the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
at a monitoring site.\8\ Areas that were designated as Marginal
nonattainment were required to attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012-2014 monitoring data.\9\
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\6\ Final rule, Air Quality Designations for the 2008 Ozone
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
\7\ Id. at 30110. The nonattainment area includes Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson
Counties, and portions of Larimer and Weld Counties. See 40 CFR
81.306.
\8\ 40 CFR part 50, appendix I.
\9\ See 40 CFR 51.903.
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On May 4, 2016, the EPA published its determination that the Denver
Area, among other areas, had failed to attain the 2008 8-hour ozone
NAAQS by the attainment deadline, and that it was accordingly
reclassified to Moderate ozone nonattainment status.\10\ Colorado
submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver
Area's requirements under the Moderate classification.\11\ The EPA took
final action on July 3, 2018, approving the majority of the May 31,
2017 submittal, but deferring action on portions of the submitted Reg.
7 RACT rules.\12\ On February 24, 2021, the EPA took final action
approving additional RACT SIP
[[Page 32658]]
obligations for Moderate ozone nonattainment areas.\13\
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\10\ Final rule, Determinations of Attainment by the Attainment
Date, Extensions of the Attainment Date, and Reclassification of
Several Areas for the 2008 Ozone National Ambient Air Quality
Standards, 81 FR 26697 (May 4, 2016).
\11\ CAA section 182, 42 U.S.C. 7511a, outlines SIP requirements
applicable to ozone nonattainment areas in each classification
category. Areas classified Moderate under the 2008 8-hour ozone
NAAQS had a submission deadline of January 1, 2017 for these SIP
revisions. 81 FR at 26699.
\12\ 83 FR at 31068.
\13\ 86 FR 11125.
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Areas that were designated as Moderate nonattainment were required
to attain the 2008 8-hour ozone NAAQS no later than July 20, 2018,
based on 2015-2017 monitoring data.\14\ On December 26, 2019, the EPA
published its determination that the Denver Area, among other areas,
had failed to attain the 2008 8-hour ozone NAAQS by the attainment
deadline, and that it was accordingly reclassified to Serious ozone
nonattainment status.\15\
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\14\ See 40 CFR 51.903.
\15\ Final rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 70897 (Dec. 26, 2019); see 40 CFR
81.306.
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SIP Control Measures, Reg. 7
Colorado's Reg. 7, entitled ``Control of Ozone via Ozone Precursors
and Control of Hydrocarbons via Oil and Gas Emissions,'' contains
general RACT requirements as well as specific emission limits
applicable to various industries. The EPA approved the repeal and re-
promulgation of Reg. 7 in 1981,\16\ and has approved various revisions
to parts of Reg. 7 over the years. In 2008, the EPA approved revisions
to the control requirements for condensate storage tanks in Section
XII,\17\ and later approved revisions to Reg. 7, Sections I through XI
and Sections XIII through XVI.\18\ The EPA also approved Reg. 7
revisions to Section XVII.E.3.a establishing control requirements for
rich-burn reciprocating internal combustion engines.\19\ In 2018 the
EPA approved Reg. 7 revisions in Sections XII (VOC emissions from oil
and gas operations) and XIII (emission control requirements for VOC
emissions from graphic art and printing processes), as well as non-
substantive revisions to numerous other parts of the regulation.\20\
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\16\ Final rule, Colorado: Approval and Promulgation of State
Implementation Plans, 46 FR 16687 (March 13, 1981).
\17\ Final rule, Approval and Promulgation of Air Quality
Implementation Plans; State of Colorado; Regulation No. 7, Section
XII, Volatile Organic Compounds From Oil and Gas Operations, 73 FR
8194 (Feb. 13, 2008).
\18\ Final rule, Approval and Promulgation of State
Implementation Plans; State of Colorado; Attainment Demonstration
for the 1997 8-Hour Ozone Standard, and Approval of Related
Revisions, 76 FR 47443 (Aug. 5, 2011).
\19\ Final rule, Approval and Promulgation of Implementation
Plans; State of Colorado; Regional Haze State Implementation Plan,
77 FR 76871 (Dec. 31, 2012).
\20\ See 83 FR at 31068, 31071.
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Most recently, in 2021 the EPA approved Reg. 7 revisions in
Sections I (Applicability), IX (Surface Coating Operations), X (Use of
Cleaning Solvents), XIII (Graphics Arts and Printing), XVI (Controls of
Emissions from Stationary and Portable Engines and Other Combustion
Equipment in the 8-Hour Ozone Control Area), and XIX (Control of
Emissions from Specific Major Sources of VOC and/or NOX in
the 8-hour Ozone Control Area). Revisions to incorporation by reference
dates to rules and reference methods in Sections II, VI, VIII, IX, X,
XII, XIII, XVI and XVII were also approved, as well as non-substantive
revisions to numerous other parts of the regulation.\21\
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\21\ 86 FR 11125 (Feb. 24, 2021).
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III. Summary of the State's SIP Submittals
We are proposing to take action on Colorado SIP submittals made on
four three different dates:
May 14, 2018 Submittal
This submittal contains amendments to Reg. 7 Sections XII (Volatile
Organic Compound Emissions from Oil and Gas Operations) and XVIII
(Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas
Operations) to meet RACT for oil and gas sources covered by the EPA's
2016 Oil and Gas CTG.\22\
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\22\ Control Techniques Guidelines for the Oil and Natural Gas
Industry, EPA-453/B-16-001 (Oct. 2016).
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May 8, 2019 Submittal
This submittal contains typographical, grammatical, and formatting
corrections to Reg. 7 Sections XII and XVIII that were not acted on in
our February 24, 2021 action.\23\
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\23\ 86 FR 11125.
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May 13, 2020 Submittal
This submittal includes a full reorganization of Reg. 7 into Parts
A-E, and amends oil and gas storage tank requirements to establish a
storage tank control threshold, updates storage tank monitoring
requirements, and aligns related recordkeeping and reporting. The
submittal also updates RACT requirements for major sources of VOC and
NOX in the DMNFR area, including expanded categorical
combustion equipment requirements in Part E, Section II (formally
Section XVI.D.) and new categorical general solvent use requirements in
Part C, Section II (formerly Section X.). The submittal also includes
updates to the requirements for gasoline transport truck testing and
vapor control systems, and contains typographical, grammatical, and
formatting corrections throughout.
IV. Procedural Requirements
The CAA requires that states meet certain procedural requirements
before submitting SIP revisions to the EPA, including the requirement
that states adopt SIP revisions after reasonable notice and public
hearing.\24\
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\24\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2),
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For the May 14, 2018 submittal, the AQCC provided notice in the
Colorado Register on July 22, 2017 and held public hearings on the
revisions on October 19 and 20, 2017. The Commission adopted the SIP
revisions on November 17, 2017. The SIP revisions became state-
effective on December 30, 2017.
For the May 8, 2019 submittal, the AQCC provided notice in the
Colorado Register on August 18, 2018 and held a public hearing on the
revisions on November 15, 2018. The Commission adopted the SIP
revisions on November 15, 2018. The revisions became state-effective on
January 14, 2019.
For the May 13, 2020 submittal, the AQCC provided notice in the
Colorado Register on September 25, 2019 and held public hearings on the
revisions on December 17-19, 2019. The Commission adopted the SIP
revisions on December 19, 2019. The SIP revisions became state-
effective on February 14, 2020.
Accordingly, we propose to find that Colorado met the CAA's
procedural requirements for reasonable notice and public hearing.
V. Reasonably Available Control Technology (RACT) Analysis
A. Background
The CAA requires that SIPs for nonattainment areas implement RACT
for each category of VOC sources in the area covered by a CTG and all
other major stationary sources of VOC.\25\ The EPA has defined RACT as
the lowest emissions limitation that a particular source is capable of
meeting by the application of control technology that is reasonably
available, considering technological and economic feasibility.\26\ The
CAA amendments of 1990 introduced the requirement for existing major
stationary sources of NOX in nonattainment areas to install
and operate NOX RACT.\27\
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\25\ CAA section 182(b)(2).
\26\ Proposed rule, General Preamble for Proposed Rulemaking on
Approval of Plan Revisions for Nonattainment Areas--Supplement (on
Control Techniques Guidelines), 44 FR 53761, 53762 (Sep. 17, 1979).
\27\ CAA Section 182(f).
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The EPA provides guidance concerning what types of controls can
constitute RACT for a given source
[[Page 32659]]
category by issuing CTG and Alternative Control Techniques (ACT)
documents.\28\ States must submit a SIP revision requiring the
implementation of RACT for each source category in the area for which
the EPA has issued a CTG, and for any major source in the area not
covered by a CTG.\29\
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\28\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques
(accessed May 20, 2021) for a list of the EPA-issued CTGs and ACTs
(also available within the docket).
\29\ See CAA section 182(b)(2), 42 U.S.C. 7511a(b)(2)). See also
Note, RACT Qs & As--Reasonably Available Control Technology (RACT):
Questions and Answers, William Harnett, Director, Air Quality Policy
Division, EPA (May 2006), available at https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20060518_harnett_ract_q&a.pdf.
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For a Serious nonattainment area, a major stationary source is one
that emits, or has the potential to emit, 50 tons per year (tpy) or
more of VOC or NOX.\30\ RACT can be adopted in the form of
emission limitations or ``work practice standards or other operation
and maintenance requirements,'' as appropriate.\31\ In assessing RACT
requirements under the Serious classification, the Colorado Air
Pollution Control Division (Division) evaluated 31 major sources in
their Technical Support Document (TSD),\32\ in addition to the major
sources evaluated under the Moderate classification.
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\30\ See CAA sections 182(c), 42 U.S.C. 7511a(c).
\31\ See Memorandum, ``Approval Options for Generic RACT Rules
Submitted to Meet the non-CTG VOC RACT Requirement and Certain
NOX RACT Requirements,'' Sally Shaver, Director, Air
Quality Strategies & Standards Division, EPA (Nov. 7, 1996),
available at https://www.epa.gov/sites/production/files/2016-08/documents/shavermemogenericract_7nov1996.pdf.
\32\ Technical Support Document for Reasonably Available Control
Technology for Major Sources, Dec. 11, 2019. P. 2134 of the May 13,
2020 submittal.
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On October 20, 2016, the EPA issued final CTGs for reducing VOC
emissions from existing oil and natural gas equipment and
processes.\33\ Under the schedule in the oil and gas CTG, revisions to
SIP RACT provisions for sources covered by the CTG were due on October
27, 2018. Sources covered by the CTG include those located in 2008
ozone NAAQS nonattainment areas classified as Moderate (or higher). The
emissions controls determined by the State to be RACT for sources
covered by the oil and gas CTG were required to be implemented as soon
as practicable, but no later than January 1, 2021.\34\ In November
2017, the Commission adopted revisions to Reg. 7 that addressed RACT
requirements for each category of sources covered by the oil and gas
CTG.
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\33\ Notice of availability, Release of Final Control Techniques
Guidelines for the Oil and Natural Gas
Industry, 81 FR 74798 (Oct. 27, 2016). See also Control
Techniques Guidelines for the Oil and Natural Gas Industry, EPA-453/
B-16-001 (Oct. 2016).
\34\ Docket ID No. EPA-HQ-OAR-2015-0216-0238.
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In December 2019, the Commission adopted new SIP requirements to
include provisions that implement RACT for some major sources of VOC
and NOX by incorporating by reference new source performance
standards (NSPS) and/or national emission standards for hazardous
pollutants (NESHAP) requirements for specific points at major sources;
requiring specific sources to provide RACT analyses to the Division for
specified facilities and/or emission points to inform future
categorical RACT rulemakings; expanding categorical combustion
equipment requirements in Part E, Section II. (formerly Section XVI.D.)
to facilities with NOx emissions greater than or equal to 50 tpy; and
establishing categorical RACT requirements for general solvent use.
B. Evaluation
As part of its May 14, 2018 and May 13, 2020 submittals, the
Division conducted RACT analyses to demonstrate that the RACT
requirements for the oil and gas CTG and certain major sources in the
DMNFR 2008 8-hour ozone NAA have been fulfilled. The Division conducted
these RACT analyses for VOC and NOX by listing the state
regulation that implements or exceeds RACT requirements for the CTG
category or non-CTG category at issue, and by detailing the basis for
concluding that these regulations fulfill RACT, through comparison with
established RACT requirements described in the CTG and ACT guidance
documents. A summary of our proposed action with respect to each RACT
category follows.
Table 1--Source Categories, Proposed Action, and Corresponding Sections of Submittals
----------------------------------------------------------------------------------------------------------------
Category Proposed action Location of RACT demonstration
----------------------------------------------------------------------------------------------------------------
Aerospace............................. Approval...................... Negative declaration. p. 6-3 of
Colorado's Serious State Implementation
Plan for the Denver Metro and North
Front Range Ozone Nonattainment Area.35
General solvent use at major sources.. Approval...................... pp. 619-620, 706, 2800, 2803 and
Technical Support Document for
Reasonably Available Control Technology
for Major Sources (document number 56,
p. 2134) of the May 13, 2020
submission.
Oil and gas........................... Approval...................... Technical Support Document for
Reasonably Available Control Technology
for the Oil and Gas Industry (document
set 38) of the May 14, 2018 submittal.
pp. 417-425 of the May 13, 2020
submittal.
Emissions from stationary internal Approval...................... pp. 619, 622, 724, 2800-2801, 2803 and
combustion engines and flares at Technical Support Document for
certain major sources. Reasonably Available Control Technology
for Major Sources (document number 56,
p. 2134) of the May 13, 2020
submission.
----------------------------------------------------------------------------------------------------------------
Cited materials are in the docket for this action.
In our July 3, 2018 and February 24, 2021 rulemakings, we approved
Colorado's demonstration of RACT for certain VOC CTG sources \36\ for
the 2008 8-hour ozone standard. Today we are taking action on the RACT
demonstrations for Oil and Gas CTG categories and certain additional
non-CTG VOC and NOx sources and categories. We have reviewed Colorado's
new and revised VOC rules for the source categories covered by the Oil
and Gas CTG, and for major sources of non-CTG VOC and NOx sources for
the 2008 8-hour ozone NAAQS, and the demonstrations submitted by
Colorado. Based on this review we propose to find that these rules are
consistent with the
[[Page 32660]]
control measures, definitions, recordkeeping, and test methods in the
CTG and the CAA, and that they satisfy CAA RACT requirements for the
categories in question.\37\
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\35\ See Colorado's March 22, 2021 submittal, document set 16
(in the docket for this action).
\36\ 83 FR at 31069-31070; see Proposed Rule, 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, 83 FR 14807, 14814-141815, Tables 5 and 6 (Apr. 6, 2018).
\37\ See https://www.epa.gov/ground-level-ozone-pollution/ract-information.
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1. RACT for CTG Sources
Table 2 contains the CTG source category, the EPA reference
document, and the corresponding sections of Reg. 7 that fulfill the
applicable RACT requirements for the EPA-issued CTGs.\38\ Colorado's
Reg. 7 contains SIP-approved \39\ and submitted revisions (see Section
VI of this document); we propose to find that these revisions meet RACT
requirements for the source category listed in Table 2.
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\38\ See the EPA's TSD for a full analysis of Colorado's rules
as they relate to the EPA's guidelines and available technical
information.
\39\ See 76 FR at 47443 and 83 FR at 31069-31070.
\40\ P. 2134 of the May 13, 2020 submittal.
\41\ See the EPA's TSD for a full analysis of Colorado's rules
as they relate to the EPA's guidelines and available technical
information.
\42\ Colorado's major source RACT analysis can be found on pp.
1119-1120 and 1142-1149 of the May 31, 2017 submittal and the
Technical Support Document for Reasonably Available Control
Technology for Major Sources, November 17, 2016 (pp. 2990-3273 of
May 31, 2017 submittal).
Table 2--Source Category, the EPA's CTG Reference Document, and Corresponding Sections of Reg. 7 Fulfilling RACT
----------------------------------------------------------------------------------------------------------------
Reg. 7 sections fulfilling
Source category in DMNFR area CTG reference document Date of CTG RACT
----------------------------------------------------------------------------------------------------------------
Oil and Gas..................... Control Techniques Guidelines 2016 Sections XII, XVIII, and
for the Oil and Natural Gas revised Section D (proposed
Industry. for approval in this
action).
----------------------------------------------------------------------------------------------------------------
We have reviewed the emission limitations and control requirements
for the above source category and compared them against the EPA's CTG
document and available technical information in CTG dockets. The EPA
has also evaluated the submitted rules and has determined that they are
consistent with the CAA, the EPA's regulations, and the EPA's policies.
For more information, see the EPA TSD prepared in conjunction with this
action. Based on the information in the record, we propose to find that
the corresponding sections in Reg. 7 provide for the lowest emission
limitation through application of control techniques that are
reasonably available considering technological and economic
feasibility. Therefore, we propose to find that the control
requirements for the oil and gas source category are RACT for all
affected sources in the DMNFR Area under the 2008 8-hour ozone NAAQS.
2. RACT for Non-CTG Major Sources
In Colorado's Technical Support Document for Reasonably Available
Control Technology for Major Sources,\40\ Colorado identified a list of
major non-CTG VOC and NOX sources in the DMNFR Area subject
to RACT requirements under a Serious classification. For major VOC and
NOX sources subject to nonattainment area RACT review,
Colorado used the construction permit thresholds established in the
State's Reg. 3 for determining which emission points to review.
Accordingly, emission points exceeding two tpy of VOC at a major VOC
source and five tpy of NOX at a major NOX source,
as reported on a source's Air Pollutant Emission Notice, and that were
not part of the Moderate RACT review, were evaluated. We have reviewed
the State's May 13, 2020 submittal and find its approach to including
these sources in the inventory acceptable. To satisfy the Serious RACT
SIP requirement to establish RACT for all existing major sources of VOC
and/or NOX in the DMNFR Area, the Commission incorporated by
reference several NSPS and NESHAP regulations. The Division also
expanded the stationary combustion equipment standards and developed
new general solvent use requirements, based on a detailed review of
available information on major NOX and VOC sources in the
DMNFR Area, an examination of the EPA RACT/Best Available Control
Technology/Lowest Achievable Emission Rate Clearinghouse for similar
emission points, and consideration of CAA section 182(b) RACT
requirements for other ozone nonattainment areas. Table 3 contains a
list of non-CTG source categories, the EPA's reference documents, and
the corresponding sections of Reg. 7 that are proposed for approval in
this action to fulfill RACT requirements (see Section VI of this
document).\41\
Table 3--Source Categories, the EPA's Reference Documents, and
Corresponding Sections of Reg. 7 Proposed for Approval To Fulfill RACT
------------------------------------------------------------------------
The EPA's reference
Source category in the DMNFR document or Reg. 7 sections
area 42 regulation (if fulfilling RACT
applicable)
------------------------------------------------------------------------
General solvent use at major .................... Part C, Section II.F
sources. (proposed for
approval in this
action).
Stationary internal NOX Emissions from Applicable
combustion engines. Stationary Internal provisions in Part
Combustion Engines E, Section II.
(EPA-453/R-93-032).
Flares...................... 40 CFR 60, Subpart Part E, Section
A, Section 60.18 III.B.2.
General Provisions,
General control
device and work
practice
requirements.
------------------------------------------------------------------------
We have reviewed the emission limitations and control requirements
for the source categories in Table 3 and compared them to the EPA's
regulations, ACT documents, available technical information, and
guidelines. The EPA has also evaluated the submitted rules \43\ and has
determined that they are consistent with the CAA, the EPA's
regulations, and the EPA's policies. For more information, see the EPA
TSD prepared in conjunction with this action. Based on the information
in the record, we propose to find that the corresponding sections in
Reg. 7
[[Page 32661]]
provide for the lowest emission limitation through application of
control techniques that are reasonably available considering
technological and economic feasibility. Therefore, we propose to find
that the control requirements for the source categories identified in
Table 3 are RACT for all affected sources in the DMNFR Area under the
2008 8-hour ozone NAAQS.
VI. The EPA's Evaluation of SIP Control Measures in Reg. 7
We evaluated Colorado's May 14, 2018, May 8, 2019, and May 13, 2020
submittals regarding revisions to the State's Reg. 7 to meet RACT
requirements for various source categories. Revisions to Reg. 7 include
expansion of categorical combustion equipment requirements;
incorporation by reference of certain NSPS and NESHAP requirements for
engines and landfill gas flares; RACT analysis requirements for
specified facilities and/or emission points; emission control
requirements for general solvent use; and updated requirements for
gasoline transport truck testing and vapor control systems. The
revisions establish RACT requirements for the oil and gas CTG category
and emission points at major sources of VOC and NOX in the
DMNFR Area. Reg. 7 revisions also add incorporation by reference dates
to rules and reference methods; reorganize and renumber the regulation;
and correct typographical, grammatical, and formatting errors. For ease
of review, Colorado submitted the full text of Reg. 7 as SIP revisions
(with the exception of provisions designated ``State Only''). The EPA
is only seeking comment on Colorado's proposed substantive changes to
the SIP-approved version of Reg. 7, which are described below. We are
not seeking comment on incorporation into the SIP of the revised
portions of the regulation that were previously approved into the SIP
and have not been substantively modified by the State as part of any of
these submittals.
As noted above, Colorado designated various parts of Reg. 7 State
Only, and in Section I.A.1.c indicated that sections designated State
Only are not federally enforceable. The EPA concludes that provisions
designated State Only have not been submitted for the EPA's approval,
but for informational purposes. Hence, the EPA is not proposing to act
on the portions of Reg. 7 designated State Only, and this proposed rule
does not discuss them further except as relevant to discussion of the
portions of the regulation that Colorado intended to be federally
enforceable.
A. Evaluation
1. May 14, 2018 SIP Submittal
The State's May 14, 2018 SIP submittal contains amendments to Reg.
7, Sections II.B., XII and XVIII to meet RACT for oil and gas sources
covered by the EPA's 2016 Oil and Gas CTG. The submittal also includes
clarifying revisions and typographical, grammatical, and formatting
corrections throughout Reg. 7. We propose to approve the revisions to
Sections XII and XVIII included in Colorado's May 14, 2018 submittal as
identified in Table 5. All remaining Sections of the May 14, 2018
submittal were approved with our February 24, 2021 action.\44\ Below,
we describe in detail Colorado's proposed revisions and the basis for
our proposed approval of them. Additional analysis on how revisions
meet RACT requirements can be found in the TSD for this action.
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\44\ 86 FR 11125 (Feb. 24, 2021).
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a. Section II
Section II includes general provisions for Reg. 7. The revisions to
Section II.B. clarify that the Section XII.L. hydrocarbon threshold and
Section XVIII natural gas emission standards serve as VOC indicators
and that the SIP does not regulate hydrocarbon emissions.
We propose to find that the revisions clarify Sections XII.L.,
XVIII.C.1. and XVIII.C.2. and are consistent with CAA requirements and
CTGs. We therefore propose to approve the changes in Section II.B.
b. Section XII
Section XII regulates VOC emissions from, and establishes RACT for,
oil and gas operations. Section XII applies to operations that involve
the collection, storage, or handling of condensate in the DMNFR Area.
Changes to Sections XII.A. through XII.D. and XII.F. through XII.F.L.
include addition of definitions for terms used in oil and gas
operations; clarifications to Colorado's ozone season; updates to the
leak detection and repair program; new provisions for centrifugal and
reciprocating compressors, natural gas driven diaphragm pumps, and
fugitive emissions at well production facilities and natural gas
compressor stations; and minor clerical \45\ revisions that do not
affect the substance of the requirements.
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\45\ When we describe changes as clerical in this proposed
action, we are referring to changes like section renumbering;
alphabetizing of definitions; minor grammatical, editorial, and
typographical revisions; and changes in capitalization.
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(i) Section XII.B.
Section XII.B. contains definitions specific to oil and gas
operations in Section XII. New definitions were added for ``approved
instrument monitoring method,'' ``centrifugal compressor,''
``component,'' ``connector,'' ``custody transfer,'' ``infra-red
camera,'' ``natural gas compressor station,'' ``natural gas-driven
diaphragm pump,'' ``natural gas processing plant,'' ``reciprocating
compressor,'' and ``well production facility.'' The definitions are
clear, straightforward, and accurate.
(ii) Section XII.C.1.
Section XII.C.1. includes provisions that are generally applicable
to Section XII. Section XII.C.1.e.(iv) adds a new requirement for
combustion devices installed on or after January 1, 2018 and used to
comply with Sections XII.J. or XII.K. to be equipped with an
operational auto-igniter upon installation. We propose to find that the
revisions to Section XII.C.1. meet CAA and RACT requirements, and that
they strengthen the SIP.
(iii) Section XII.G.
Section XII.G. includes requirements for natural gas-processing
plants in the 8-hour Ozone Control Area. Section XII.G.1. updates the
leak detection and repair (LDAR) program applicable to equipment leaks
at natural gas processing plants in the DMNFR Area by requiring owners
or operators to comply with 40 CFR part 60 (NSPS), Subparts OOOO or
OOOOa, instead of complying with NSPS Subpart KKK, which is an earlier
NSPS and less stringent. Subpart KKK requires sources to implement a
NSPS Subpart VV level LDAR program, while Subpart OOOO requires sources
to implement a NSPS Subpart VVa level LDAR program. The oil and gas CTG
recommends a Subpart VVa level LDAR program for equipment at natural
gas processing plants. Section XII.G.3. updates compliance dates for
owners and operators of existing natural gas processing plants subject
to Section XII.G. requirements. We propose to find that the revisions
to Section XII.G. meet CAA and RACT requirements, and that they
strengthen the SIP.
(iv) Section XII.H.
Section XII.H. sets forth emission reduction requirements for
glycol natural gas dehydrators. Section XII.H.6. establishes reporting
requirements for sources subject to Section XII.H. The Commission
revised references to ``ozone season'' in Section and XII.H.6. to
reflect that the requirements now apply year-round, including during
the
[[Page 32662]]
months of May to September.46 47 We propose to find that the
revisions to Section XII.H. strengthen the SIP and meet CAA
requirements.
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\46\ In October 2015, the EPA finalized a revision to the ozone
NAAQS that revised the length of Colorado's ozone season to year-
round (Final rule, National Ambient Air Quality Standards for Ozone,
80 FR 65292 (Oct. 26, 2015)).
\47\ We are also approving a similar provision in Section
XII.F.4. The provision applies to the system-wide control strategy
for condensate storage tanks. In this action, we are proposing
approval of the control strategy for individual storage tanks in new
Part D, Section I.D. which replaces the system-wide strategy
controls in Section XII.
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(v) Section XII.J.
Section XII.J. contains new provisions for centrifugal and
reciprocating compressors. Section XII.J.1.a. requires that by January
2, 2018, VOC emissions from wet seal fluid degassing systems on wet
seal centrifugal compressors located between the wellhead and the point
of custody transfer to the natural gas transmission and storage segment
must be reduced by at least 95%. Section XII.J.1.b. requires wet seal
fluid degassing systems to be equipped with continuous, impermeable
covers that are connected through a closed vent system that routes
emissions from the wet seal fluid degassing system to the process or
control device. Section XII.J.1.c. requires annual visual inspections
of the cover and closed vent systems for defects that could result in
air emissions.
Under Section XII.J.1.d., owners or operators must conduct annual
EPA Method 21 inspections of covers and closed vent systems to
determine whether they operate with VOC emissions less than 500 ppm.
Section XII.J.1.e. requires first attempts at repair to occur no later
than five days after detecting defects or leaks, and repairs to be
completed no later than 30 days after detection. Section XII.J.1.f.
sets forth criteria for delaying inspection or repair due to unsafe
conditions and accessibility issues. Owners or operators are required
to maintain records of each cover or closed vent system that is unsafe
or difficult to inspect and schedule for inspection when circumstances
allow.
Section XII.J.1.h. includes recordkeeping requirements to
demonstrate compliance with Section XII.J.1. Owners and operators must
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, owners and operators
may inspect, repair, and document cover and closed vent systems in
accordance with the LDAR program in Section XII.L. Section XII.J.1.j.
allows owners and operators to comply with emissions, inspections,
repair, and recordkeeping provisions of an NSPS including Subparts OOOO
and OOOOa in lieu of Sections XII.J.1.a. through i.
Section XII.J.2. contains provisions for reciprocating compressors.
Section XII.J.2.a. requires that the rod packing on reciprocating
compressors located between the wellhead and the point of custody
transfer to the natural gas transmission and storage segment be
replaced every 26,000 hours of operation or every 36 months. Under
Section XII.J.2.a., owners or operators of existing reciprocating
compressors at natural gas processing plants were required to begin
monitoring the reciprocating compressor hours of operation on January
1, 2018 and conduct the first rod packing replacement before January 1,
2021, or route emissions to a process beginning May 1, 2018.
Section XII.J.2.b. allows owners or operators the option to reduce
VOC emissions by routing reciprocating compressor emissions using a rod
packing emissions collection system that operates under negative
pressure and routes the rod packing emissions through a closed vent
system to a process. Owners and operators must conduct annual visual
inspections of the cover and closed vent systems for defects that could
result in air emissions. Section XII.J.2.b.(ii) requires owners and
operators to conduct annual EPA Method 21 inspections of the cover and
closed vent system to determine whether they operate with VOC emissions
less than 500 ppm. Section XII.2.e. allows owners and operators to
comply with emissions, inspections, repair, and recordkeeping
provisions of an NSPS in lieu of Sections XII.J.2.a. through d.
First attempts at repair must be made within five days of
discovery, and repairs must be completed within 30 days unless one of
the justifications for delay of repair in Section XII.J.2.b.(iv)
applies. Owners or operators may delay subsequent repair attempts of
equipment where, during a scheduled shutdown, the owner or operator
unsuccessfully repaired the leak requiring repair if repair is
completed within two years of discovery. Delayed inspection or repairs
of the closed vent system may occur under certain safety,
accessibility, and feasibility circumstances described in Sections
XII.J.2.b.(iv)(A) through (D).
Section XII.J.2.c. includes recordkeeping requirements to
demonstrate compliance with Section XII.J.2. Owners and operators must
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, Section XII.J.2.d.
allows owners and operators to inspect, repair, and document cover and
closed vent systems in accordance with the LDAR program in Section
XII.L. Section XII.J.2.e. allows owners and operators to comply with
emissions, inspections, repair, and recordkeeping provisions of an
NSPS, including Subparts OOOO and OOOOa.
We propose to find that the provisions in the new Section XII.J.
strengthen the SIP and meet CAA and RACT requirements.
(vi) Section XII.K
Section XII.K adds requirements for pneumatic pumps. Section
XII.K.1 requires that natural gas-driven diaphragm pneumatic pumps at
natural gas processing plants have a VOC compound emissions rate of
zero. Section XII.K.2. establishes a May 1, 2018 effective date for
owners or operators to reduce emissions from natural gas-driven
diaphragm pneumatic pumps at well production facilities by 95% within
30 days of startup of the control device or route emissions to a
process at the well production facility. Pneumatic pump emissions must
be routed to the existing control device even if is unable to achieve a
95% emission reduction if it is technically infeasible to route
emissions to a process. Section XII.K.2.b. requires a 95% reduction
from pneumatic pumps within 30 days of startup upon installation of a
control device or once routing emissions to a process becomes
technically feasible. Pneumatic pump emissions are exempt from controls
if an engineering assessment by a qualified professional engineer
determines that routing a pneumatic pump to a control device or process
is technically infeasible. Pneumatic pumps routing emissions to the
process or control device must connect through a closed vent system.
Sections XII.K.2.e. through h. require annual visual and EPA Method
21 inspections of the closed vent system. First attempts at repairs
must be made within five days of discovery, and repairs must be
completed within 30 days unless one of the justifications for delay of
repair in Sections XII.K.2.h. applies. Delayed inspection or repairs of
the closed vent system may occur under certain safety, accessibility,
and feasibility circumstances described in Sections XII.K.2.h.(i)
through (iv).
Section XII.K.3. includes recordkeeping requirements to demonstrate
compliance with Section XII.K. Owners and operators must
[[Page 32663]]
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, XII.K.4. allows
owners and operators to inspect, repair, and document cover and closed
vent systems in accordance with the LDAR program in Section XII.L.
Section XII.K.5. allows owners and operators to comply with emissions,
inspections, repair, and recordkeeping provisions of an NSPS in lieu of
Sections XII.K.1. and XII.K.4.
We propose to find that the provisions in the new Section XII.K.
strengthen the SIP and meet CAA and RACT requirements.
(vii) Section XII.L
Section XII.L. establishes a new leak detection and repair (LDAR)
program for well production facilities and natural gas compressor
stations in the DMNFR Area.
This program, which we are now reviewing for approval into the SIP,
took effect under state law beginning June 30, 2018. Under the LDAR
program, owners or operators of natural gas compressor stations must
inspect components for leaks using an approved instrument monitoring
method (AIMM) at least quarterly.\48\ As defined in new section
XII.B.3, AIMM means an infra-red camera, EPA Method 21, or another
``instrument based monitoring method or program'' that is approved in
accordance with Section XII.L.8, discussed below. Initial inspections
for leaks from components at natural gas compressor stations
constructed on or after June 30, 2018 must be conducted no later than
90 days after the facility commences operation and at least quarterly
thereafter.
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\48\ The SIP at Reg. 7, Section XII.E.3, already required an
``audio, visual, olfactory'' (AVO) inspection required for storage
tanks subject to control requirements. That requirement remains in
effect.
---------------------------------------------------------------------------
Owners or operators at well production facilities with uncontrolled
actual VOC emissions greater than or equal to one ton per year and less
than or equal to six tons per year must inspect components for leaks
using an AIMM at least annually. Well production facilities with
uncontrolled VOC emissions greater than six tons per year must be
inspected at least semi-annually. Sections XII.L.2.c. and Section
XII.L.2.d. set forth the criteria for determining inspection frequency
and the timing of initial inspections. Initial inspections for well
production facilities constructed on or after June 30, 2018 must be
conducted no sooner than 15 days and no later than 30 days after the
facility commences operation. Monitoring components is not required
under certain safety, accessibility, and feasibility circumstances
described in Sections XII.L3.a. through c.
Section XII.L.4. establishes thresholds for leaks requiring repair
under Section XII.L.5. The first attempt to repair an identified leak
must be made within five working days of discovery and completed within
30 days unless one of the justifications for delay of repair in
Sections XII.L.5.a(i) through (iii) applies. Leaks must be re-monitored
within 15 working days of the repair.
Section XII.L.6. requires owners or operators to keep records to
demonstrate compliance with the LDAR program and to maintain those
records for a minimum of five years. Records include documentation of
the initial approved AIMM inspection; facility identification
information; leaks requiring repair and monitoring method used to
determine presence of the leak; dates of first attempt to repair; dates
and types of repairs; delayed repair lists; re-monitoring dates and
results; and lists of components designated as unsafe, difficult, or
inaccessible to monitor.
Section XII.L.7. requires that each facility's owner or operator
submit an annual LDAR report to ensure that the data submitted to the
Division accurately represents and summarizes the activities and
effectiveness of the LDAR program. Reports should include the number of
inspections, leaks requiring repair, leaking component type, and
monitoring method by which the leaks were found.
Section XII.L.8. describes the process for review and approval of
alternative AIMM for use as a part of the LDAR program. The provisions
allow the use of an alternative AIMM in lieu of or in combination with
the EPA-approved AIMM (i.e., infra-red cameras or Method 21), if
certain conditions are met under Section XII.L.8.a. and if the Division
approves the proposal.
Because the alternative AIMM regulation allows the authorization,
outside of the SIP approval process, of a leak detection method not
specified in the submitted regulatory language or elsewhere in the SIP,
we must consider whether it impermissibly allows the state agency to
revise the SIP at its own discretion. Concerns with such rules, often
known as ``director's discretion'' provisions, are discussed in detail
in EPA's 2015 final rule responding to a petition for rulemaking
concerning how SIPs treat excess emissions during periods of startup,
shutdown, or malfunction (SSM), often referred to as the ``SSM SIP
Call'' rulemaking.\49\ As explained in the SSM SIP Call, the EPA
interprets the CAA as prohibiting ``SIP provisions that include
unlimited director's discretion to alter the SIP emission limitations
applicable to source.'' \50\ But the SSM SIP Call also explains that
there are circumstances in which a director's discretion provision may
be consistent with the CAA and fully approvable, including ``when the
director's discretion authority is adequately bounded such that the EPA
can ascertain in advance, at the time of approving the SIP provision,
how the exercise of that discretion to alter the SIP emission
limitations for a source could affect compliance with other CAA
requirements.'' \51\ The EPA has long held this position. As explained
in a 1996 EPA guidance document, it may be appropriate for states to
approve equally stringent source-specific alternatives to SIP-approved
requirements, when the SIP includes language ``to provide substantive
criteria governing the State's exercise of the alternative requirement
authority.'' \52\
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\49\ Final action, State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP
Calls to Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction, 80 FR 33840, 33917-
33924 (June 12, 2015).
\50\ Id. at 33917.
\51\ Id. at 33918.
\52\ White Paper Number 2 for Improved Implementation of the
Part 70 Operating Permits Program (EPA OAQPS, March 5, 1996),
Attachment B (``SIP Provisions For Establishing Alternative
Requirements''), available at https://www.epa.gov/sites/production/files/2015-08/documents/wtppr-2.pdf.
---------------------------------------------------------------------------
Here, the EPA's view is that the State rule provides sufficient
specific, substantive criteria to allow the EPA to evaluate the use of
discretion in advance. Most significantly, under the provisions of
Section XII.L.8, alternative AIMM must be ``capable of achieving
emission reductions that are at least as effective as the emissions
reductions achieved using an IR camera or Method 21.'' This requirement
ensures that the State may not use its discretion to approve a method
that is less effective than the SIP baseline.\53\ That is, in
implementing the alternative AIMM program according to its
requirements, which we are proposing to make a part of the SIP, the
State will be unable to weaken any SIP provisions.
---------------------------------------------------------------------------
\53\ See Final Rule, Revisions to Air Plan; Arizona; Stationary
Sources; New Source Review, 80 FR 67319, 67327 (Nov. 2, 2015)
(approving rule as appropriately bounded because state agency ``does
not have discretion to determine in which instances it will or won't
apply the criteria'' in the regulation).
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[[Page 32664]]
It is important in reaching this conclusion that we are able to
understand the State's process for determining whether an alternative
AIMM is ``at least as effective'' as the two methods specified in the
SIP. First, under the submitted rules at Section XII.L.8.a.(ii)(C), an
alternative AIMM applicant must provide information on whether the
proposed alternative is approved by other regulatory authorities, and
for what application. This information will allow the State to assess
the reliability and viability of the alternative. In addition, under
Section XII.L.8.a.(ii)(D), the applicant must provide information, with
supporting data, on the leak detection capabilities and limitations of
the proposed alternative method. This data requirement is important to
ensuring that the potential exercise of discretion in the alternative
AIMM program is adequately bounded.
The State has further explained this process in a guidance document
provided to the EPA.\54\ As explained in this document, in evaluating
effectiveness, Colorado assumes that a certain level of emission
reductions would be achieved using either infrared camera or Method 21
AIMM, on a periodic basis with increasing emission reductions under
greater monitoring frequencies, and compares the anticipated results of
the proposed alternative AIMM to those numbers.\55\ Testing and
modeling of the alternative AIMM is required.\56\ Thus, the State's
program includes a quantitative evaluation according to specified
criteria.
---------------------------------------------------------------------------
\54\ See Alternative AIMM Guidance & Procedures (CDPHE, Oct. 31,
2019) (EPA-R08-OAR-2021-0262-0003).
\55\ See Alternative AIMM Guidance at 6.
\56\ In this respect the state's guidance, provided to EPA to
assist in explaining the functioning of the state program, clarifies
one arguable ambiguity in the submitted language. Specifically, the
comma after ``data'' in XII.L.8.a.(ii)(I) leaves unclear whether the
rule requires data or modeling, or data and modeling; the state's
guidance makes clear that ``and'' is intended when it says that
modeling should not be relied on exclusively for this demonstration,
but that there should be testing as well. See also Letter from Garry
Kaufman, Director, Air Pollution Control Division (March 24, 2021)
providing clarifying information, available in the docket for this
action.
---------------------------------------------------------------------------
Additional safeguards and constraints in the alternative AIMM
process include:
The Alternative AIMM approval has to be made based on a
record.
The State must provide public notice of the proposed
alternative.
Approved alternative AIMM is made available to the public
on a state website: https://cdphe.colorado.gov/alternative-aimm-public-notices.
One final feature of the State's alternative AIMM rule bears
mentioning. It includes a requirement that the State agency submit the
proposed alternative AIMM to the EPA for review. The alternative AIMM
must receive the EPA's approval, but this approval may occur by default
if the EPA does not disapprove the rule within six months. While this
six-month EPA review period gives an additional opportunity for
regulatory scrutiny of alternative AIMM proposals before approval, it
is not equivalent to the SIP process, and is not the basis for our
proposed approval of this action. Rather, it is because the alternative
AIMM rules provide substantive criteria that constrain the State's
exercise of discretion and allow the EPA to anticipate the impacts of
the use of alternatives. For that reason, and as explained further
above, we propose to approve the submitted new section XII.L.
A detailed evaluation of Section XII as a whole is in the TSD for
this action. We propose to find that the submitted revisions to Section
XII meet CAA and RACT requirements, and that they strengthen the SIP.
c. Section XVIII
Section XVIII regulates emissions from natural gas-actuated
pneumatic controllers located at or upstream of natural gas processing
plants, and establishes RACT requirements for oil and gas operations.
Section XVIII.C.1. requires that all pneumatic controllers installed on
or before February 1, 2009 upstream of natural gas processing plants in
the DMNFR Area must emit natural gas emissions in an amount equal to or
less than a low-bleed pneumatic controller, unless a high-bleed
pneumatic controller is required for safety or process purposes.
Section XVIII.C.2. requires that all pneumatic controllers at natural
gas processing plants have a bleed rate of zero unless a pneumatic
controller with a bleed rate greater than zero is necessary due to
safety and process. Monitoring and recordkeeping requirements are set
forth in Sections XVIII.D. and XVIII.E. and include inspection,
maintenance, and records demonstrating compliance with emission
reduction requirements in Section XVIII.C. Section XVIII.D.2.
establishes additional monitoring and maintenance for pneumatic
controllers with a natural gas bleed rate greater than zero.
A detailed evaluation of Section XVIII is in the TSD for this
action. We propose to find that the revisions to Section XVIII
strengthen the SIP and meet CAA and RACT requirements. We therefore
propose to approve the changes in Section XVIII.
2. May 8, 2019 Submittal
The State's May 8, 2019 submittal contains typographical,
grammatical, and formatting corrections to Reg. 7 Sections XII and
XVIII that were not acted on in our February 24, 2021 action.\57\ The
revisions do not change the substance of approved SIP provisions. We
therefore propose to approve the revisions in Sections XII and XVIII.
---------------------------------------------------------------------------
\57\ 86 FR 11125.
---------------------------------------------------------------------------
3. May 13, 2020 SIP Submittal
The State's May 13, 2020 SIP submittal contains amendments to Reg.
7, including a full reorganization of the regulation into Parts A-E.
Table 4 show the current Reg. 7 numbering as related to the proposed
Reg. 7 renumbering.
Table 4--Current and Reorganized Reg. 7 Sections
------------------------------------------------------------------------
Reorganized Reg. 7
Current Reg. 7 sections sections
------------------------------------------------------------------------
Part A
------------------------------------------------------------------------
I. Applicability............................. Part A, Section I.
II. General Provisions....................... Part A, Section II.
Appendix A. Colorado Ozone Nonattainment or Part A, Appendix A.
Attainment Maintenance Areas.
------------------------------------------------------------------------
Part B
------------------------------------------------------------------------
III. General Requirements for Storage and Part B, Section I.
Transfer of Volatile Organic Compounds.
IV. Storage of Highly Volatile Organic Part B, Section II.
Compounds.
[[Page 32665]]
V. Disposal of Volatile Organic Compounds.... Part B, Section III.
VI. Storage and Transfer of Petroleum Liquids Part B, Section IV.
VII. Crude Oil............................... Part B, Section V.
VIII. Petroleum Processing and Refining...... Part B, Section VI.
XV. Control of Volatile Organic Compound Part B, Section VII.
Leaks from Vapor Collection Systems and
Vapor Control Systems Located at Gasoline
Terminals, Gasoline Bulk Plants, and
Gasoline Dispensing Facilities.
Appendix B. Criteria for Control of Vapors Part B, Appendix B.
from Gasoline Transfer to Storage Tanks.
Appendix C. Criteria for Control of Vapors Part B, Appendix C.
from Gasoline Transfer at Bulk Plants (Vapor
Balance System).
Appendix E. Test Procedures for Annual Removed (paragraphs B and
Pressure/Vacuum Testing of Gasoline E moved into section,
Transport Tanks. and references replaced
with EPA Method 27).
------------------------------------------------------------------------
Part C
------------------------------------------------------------------------
IX. Surface Coating Operations............... Part C, Section I.
X. Use of Cleaning Solvents.................. Part C, Section II.
XI. Use of Cutback Asphalt................... Part C, Section III.
XIII. Graphic Arts and Printing.............. Part C, Section IV.
XIV. Pharmaceutical Synthesis................ Part C, Section V.
Appendix D. Minimum Cooling Capacities for Part C, Appendix D.
Refrigerated Freeboard Chillers on Vapor
Degreasers.
Appendix F. Emission Limit Conversion Part C, Appendix E.
Procedure.
------------------------------------------------------------------------
Part D
------------------------------------------------------------------------
XII. Volatile Organic Compound Emissions from Part D, Section I.
Oil and Gas Operations.
XVII. (State Only, except Section Part D, Section II.
XVII.E.3.a.,which was submitted as part of
the Regional Haze SIP) Statewide Controls
for Oil and Gas Operations and Natural Gas-
Fired Reciprocating Internal Combustion
Engines.
------------------------------------------------------------------------
Part E
------------------------------------------------------------------------
XVI.A.-C. (natural gas fired reciprocating Part E, Section I.
internal combustion engines in the 8-hour
ozone control area) and XVII.E. (new,
modified, existing, and relocated natural
gas fired reciprocating internal combustion
engines).
XVI.D. Control of Emissions from Stationary Part E, Section II.
and Portable Combustion Equipment in the 8-
Hour Ozone Control Area.
XIX. Control of Emissions from Specific Major Part E, Section III.
Sources of VOC and/or NOX in the 8-Hour
Ozone Control Area.
XX. Control of Emissions from Breweries in Part E, Section IV.
the 8-Hour Ozone Control Area.
------------------------------------------------------------------------
The State's May 13, 2020 SIP submittal also updates requirements
for gasoline transport trucks, bulk terminals, and service stations;
establishes a storage tank control threshold in lieu of the current
system-wide control strategy; strengthens storage tank monitoring
requirements; aligns related recordkeeping and reporting; and adds RACT
requirements for major sources of VOC and/or NOx in the 8- hour Ozone
Control Area. The submittal also includes clarifying revisions and
typographical, grammatical and formatting corrections throughout Reg.
7. We propose to approve the revisions to Reg. 7 included in Colorado's
May 13, 2020 submittal as identified in Table 5. Below, we describe in
detail Colorado's proposed revisions and the basis for our proposed
approval of them. Additional analysis on how revisions meet RACT
requirements can be found in the TSD for this action.
a. Part A
The revisions add a new Part A heading, encompassing Sections I and
II. Part A contains applicability and general provisions for Reg. 7.
The revisions also include renumbering and updates to Parts and
Sections referenced throughout Part A. The revisions do not change the
substance of SIP approved rules. We therefore propose approval of the
changes to Part A.
b. Part B
The revisions add a new Part B heading for Sections I, II, III, IV,
V, VI, VII (previously Reg. 7, Sections III through XV). and appendixes
B and C. Part B regulates the storage, transfer, and disposal of VOC
and petroleum liquids and petroleum processing and refining. The
revisions to Reg. 7, Part B, Sections IV and VII update the gasoline
transport truck testing and associated recordkeeping requirements and
update and clarify the vapor system requirements. Revisions also
include renumbering and updates to Parts and Sections referenced
throughout Part B.
Section IV (previously Section VI) regulates the storage and
transfer of petroleum liquid, and Section VII (previously Section XV)
regulates VOC leaks from vapor collection systems located at gasoline
terminals, gasoline bulk plans, and gasoline dispensing facilities.
Revisions to Sections IV and VII and the removal of the former Appendix
E update requirements for gasoline transport trucks, bulk terminals,
and service stations to align with current federal requirements for
gasoline transport truck testing and vapor control systems. Section
IV.A.2.j. adds a new definition for ``vapor collection system.'' The
definition is clear, straightforward, accurate, and
[[Page 32666]]
consistent with the definition in Sections IV.D.1.b.(ii) and VII.A.3.c.
Revisions made in Section IV.B.3. clarify that vapor collection systems
must be leak-tight and properly maintained and operated.
Section IV.D. regulates VOC leaks from gasoline transport trucks.
Revision to Sections IV.D.2 and IV.D.3. replace the outdated vacuum-
pressure test in the CTG for Control of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor Collection Systems \58\ with the
more current EPA Method 27.\59\ Federal standards in NSPS XX \60\,
NESHAP R \61\, NESHAP BBBBBB \62\, and NESHAP CCCCCC \63\ reference the
EPA's Method 27, Determination of Vapor Tightness of Gasoline Delivery
Tank Using Pressure Vacuum Test, in contrast to the CTG's pressure-
vacuum test. The test values in Reg. 7 Section IV.D.4 were also updated
and are based on the EPA's CTG and correspond to the EPA Method 27 test
values in NSPS XX, NESHAP R, NESHAP BBBBBB, and NESHAP CCCCCC.
Recordkeeping and certification requirements in Section IV.D.4. were
updated to correspond to the EPA's Method 27 and federal standards.
---------------------------------------------------------------------------
\58\ Control of Volatile Organic Compound Leaks from Gasoline
Tank Trucks and Vapor Collection Systems, Appendix A, EPA-450/2-78-
051. Dec. 1978.
\59\ See also 40 CFR 63.425(e).
\60\ Standards of Performance for Bulk Gasoline Terminals (40
CFR part 60, subpart XX (August 18, 1983, last revised December 19,
2003)).
\61\ National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
(40 CFR part 63 Subpart R (December 14, 1994, last revised April 6,
2006)).
\62\ National Emission Standards for Hazardous Air Pollutants
for Source Category: Gasoline Distribution Bulk Terminals, Bulk
Plants, and Pipeline Facilities (40 CFR part 63, subpart BBBBBB
(January 10, 2008, last revised January 24, 2011)).
\63\ National Emission Standards for Hazardous Air Pollutants
for Source Category: Gasoline Dispensing Facilities (40 CFR part 63,
subpart CCCCCC (January 10, 2008, last revised January 24, 2011)).
---------------------------------------------------------------------------
Under CAA section 110(l), the EPA cannot approve a SIP revision
that interferes with any requirement concerning attainment, reasonable
further progress, or any other applicable requirement of the Act. We
propose to find that the revisions to Section IV.D. comply with section
110(l) because the revisions are limited to updating the pressure
vacuum test and values to be consistent with more recent EPA
regulations for gasoline tank trucks and vapor collection systems, and
the changes do not weaken the SIP.
We propose to find that the revisions in Part B are consistent with
gasoline transport truck, terminal, and service station control and
testing requirements of current NSPS and NESHAP standards and that
approval of the submittal would comply with CAA Sections 110(l) and
193. We therefore propose to approve the revisions in Part B.
c. Part C
The revisions add a new Part C heading encompassing Sections I, II,
III, IV, V (previously Reg. 7, Sections IX-XI, XIII, XIV) and
appendixes D and E (formerly appendixes D and F). Part C regulates
surface coating, solvents, asphalt, graphic arts and printing, and
pharmaceuticals. The revisions also include renumbering and updates to
Parts and Sections referenced throughout Part C, and adds a new
categorical rule regulating VOC emissions from and establishing RACT
for general solvent use in Section II.F.
Section II.F. addresses VOC emissions from sources with a potential
to emit 50 tons per year of VOC and with solvent use emissions greater
than or equal to two tons per year in the DMNFR Area. Section II.F.3.
sets forth work practice requirements including covering containers,
proper disposal of solvent waste, and the use of good air pollution
practices such as the use of low/no VOC solvent if possible, using only
amounts needed, submerged fill pipes, closed loop systems, and
maintaining operations to be leak free. Section II.F.4. requires
operations that use solvents with uncontrolled actual VOC emissions
greater than or equal to 25 tons per year to reduce emissions by 90%.
Sections II.F.5. and 6. set forth monitoring and recordkeeping
requirements. Records must be maintained for a minimum of two years.
Sources subject to Section II.F.4. requirements are also subject to
additional control requirements, monitoring, performance testing, and
recordkeeping requirements for general solvent use operations.
We propose to find that the provisions meet CAA and RACT
requirements, and that they strengthen the SIP. We therefore propose to
approve the changes in Part C.
d. Part D
The revisions add a new Part D. heading for Sections I, II, and III
(previously Reg. 7, Sections XII, XVII, and XVIII), and new Sections IV
and V.\64\ Part D regulates oil and natural gas operations. The
revisions also include renumbering and updates to Parts and Sections
referenced throughout Part D, establishing a storage tank control
threshold in lieu of the current system-wide control strategy,
strengthening storage tank monitoring requirements, aligning related
recordkeeping and reporting, and other SIP cleanup and strengthening
measures.
---------------------------------------------------------------------------
\64\ Parts of the submission, including all of new Sections IV
and V, are State Only requirements. We therefore will not be acting
on these Sections. The State Only provisions are excluded from the
list of provisions that we are acting on in Table 5.
---------------------------------------------------------------------------
(i) Section I.A.
Section I.A. contains applicability provisions for Part D. The
revisions to Section I.A. streamline and clarify sources subject to
Part D and remove the exemption associated with the system-wide control
program for owners or operators of condensate tanks with total actual
uncontrolled VOC emissions less than 30 tpy (previously Section
XII.A.7.).
(ii) Sections I.B. and I.C.
Section I.B. contains definitions applicable to Part D. A new
definition for ``commencement of operation'' was added for consistency
with Regulation Number 3 and for clarity as to the applicability of
other control requirements. New definitions for ``intermediate
hydrocarbon liquid,'' ``produced water,'' ``storage tank,'' and
``storage vessel'' were also added. The definitions are clear,
straightforward, accurate.
Section I.C. contains general provisions for Part D. Section I.C.2.
specifies how operators must calculate emissions and emission
reductions to demonstrate compliance with control requirements. The
revisions in Section I.C.2.a.(iv) expand current provisions to tanks
storing produced water or hydrocarbon liquids other than condensate.
(iii) Section I.D.
Section I.D. contains provisions for storage tank emissions
controls. In 2004 the Commission adopted the initial system-wide
control strategy, which required operators to reduce emissions from
their system of condensate tanks. The ``system'' was composed of
condensate tanks with uncontrolled actual VOC emissions equal to or
greater than two tpy, and allowed operators to decide which tanks to
control if emissions from the ``system'' were reduced by specified
percentages. The revisions in Section I.D. replace the system-wide
control strategy with an individual storage tank control strategy in
Section I.D.3. Operators in the DMNFR Area were required to install
controls on storage tanks with uncontrolled actual VOC emissions equal
to or greater than four tpy by May 1, 2020. The control requirements in
Section I.D. were expanded to include crude oil and produced water
tanks. According to the Division, this will
[[Page 32667]]
result in more tanks being controlled.\65\ Section I.D.3.a.(i) requires
that storage tanks with uncontrolled actual emissions of VOC equal to
or greater than four tons per year collect and control emissions from
each storage tank by routing emissions to and operating air pollution
control equipment that achieves a VOC control efficiency of 95%;
combustion devices must have a design destruction efficiency of at
least 98% for VOC unless authorized by permit before March 1, 2020.
Section I.D.3.c. requires that storage tanks below the four tpy
threshold that increase emissions above the threshold must be in
compliance within 60 days of the first date of the month in which the
threshold was exceeded. The Commission has determined that the four tpy
threshold and implementation timetable is cost-effective, technically
feasible, and will ensure no backsliding as provided for in the Clean
Air Act, Section 110(l).\66\
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\65\ See pp. 592-593 of the May 13, 2020 submittal.
\66\ See p. 591 of the May 13, 2020 submission.
---------------------------------------------------------------------------
Colorado also submitted a provision for inclusion in the SIP that
was previously state-only. Section I.D.2.a. requires that that
operators of newly constructed tanks employ controls during the first
90 days after the date of first production. The provision is proposed
for inclusion in the SIP to avoid confusion as to whether compliance
with the requirement can be considered a limitation upon a source's
potential to emit for purposes of permitting.
(iv) Section I.E.
Section I.E. contains provisions for monitoring of storage tanks
and air pollution control equipment. Section I.E. was revised to apply
the monitoring requirements for all storage tanks controlled pursuant
to Section I.D., which will ensure monitoring of condensate tanks,
crude oil, and produced water tanks on a weekly basis per Section
I.E.2.c. The required inspections have also been updated to include
elements that can impact the performance of well production facility
equipment and reduce emissions including checking that burner trays are
not visibly clogged, that pressure relief valves are properly sealed,
and that vent lines are closed. Inspection documentation requirements
in former Section XII.E.3. were removed and moved to Section
I.F.2.c.(iii) in order to condense all recordkeeping requirements in
Section I.F.
(v) Section I.F.
Section I.F. contains provisions for storage tank recordkeeping and
reporting. As a result of replacing the system-wide control strategy
with the fixed control threshold in Section I.D., recordkeeping and
reporting requirements for demonstrating compliance with Section I.D.
were revised in Section I.F. Operators subject to the system-wide
control strategy were given until August 31, 2020, to submit the report
for the time period in 2020 during which the system-wide control
strategy remained effective (i.e. January 1-April 30, 2020). Section
I.F.2 contains the recordkeeping and reporting scheme for the tanks
subject to the new four tpy control threshold provision. Under Sections
I.F.2. and I.F.3., owners or operators of storage tanks subject to
Section I.D.3. must maintain records and submit annual reports
including information regarding inspections, calendar monthly VOC
emissions, emission factors used, and the control efficiency of air
pollution control equipment. Reports must be retained for a minimum of
five years.
(vi) Section I.L.
Section I.L. contains provisions for the DMNFR Area leak detection
and repair program. Sections I.L.2.a. and I.L.2.b. revised language
clarifies that applicability for leak inspections at well production
facilities are based on rolling twelve-month emission totals and not a
calendar year basis.
(vii) Section II
Section II contains statewide controls for oil and gas operations.
The majority of Section II consists of State Only requirements.
However, the Commission submitted previous State Only revisions for
inclusion in the SIP to Section II.C.1.b.(ii), which requires that
operators of newly constructed tanks employ controls within 90 days of
commencement of operation. Previous State Only requirements in Section
II.G. were also submitted for inclusion in Colorado's SIP. The
provisions require control of emissions coming off a separator after a
well is newly constructed, hydraulically fractured, or recompleted.
These emissions must be routed to a gas gathering line or controlled by
air pollution control equipment. The provisions were submitted for
inclusion in the SIP to clarify permitting compliance requirements in
Reg. 3.
We propose to find that the revisions to Part D meet CAA and RACT
requirements, and that they strengthen the SIP. We therefore propose to
approve the changes in Part C.
e. Part E
The revisions add a new Part E heading for Sections I, II, III, and
IV (previously Reg 7, Sections XVI, XIX, and XX). Part E regulates
emissions from combustion equipment at major sources of RACT. The
revisions also include renumbering and updates to Parts and Sections
referenced throughout Part E, add RACT requirements in Colorado's ozone
SIP for 50 tpy major sources of VOC and/or NOX, and other
cleanup and strengthening measures.\67\
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\67\ The revisions to Sections II.A.1.b., II.A.4.a.(iii) and
(iv), II.A.6.a.(ii), and II.A.6.b.(viii)(B) include the placeholder
language [EFFECTIVE DATE OF THE RECLASSIFICATION] because the
Commission approved the revisions before the EPA finalized
reclassification of the DMNFR Area to Serious. The EPA finalized its
reclassification of the Area on December 26, 2019. See Final rule,
Finding of Failure To Attain and Reclassification of Denver Area for
the 2008 Ozone National Ambient Air Quality Standard, 84 FR 70897.
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(i) Section II
Section II provisions control emissions from stationary and
portable combustion equipment in the DMNFR area. Section II.A.1.b.
expands the applicability of Section II requirements to stationary
combustion equipment at major sources of NOX as of January
27, 2020. New definitions were added in Section II.A.3. for ``ceramic
kiln,'' ``dryer,'' and ``furnace'' to support the expanded combustion
adjustment requirements in Section II.A.6. The definitions are clear,
straightforward, and accurate.
Owners or operators of combustion equipment specified in Section
II.A.1.b. must comply with emission limits in Section II.A.4. by July
20, 2021. This date is consistent with the EPA's implementation
deadline for RACT measures not tied to attainment.\68\ New Sections
II.A.4.a.(iii) expands emission limits requirements for boilers over
100 MMBtu/hr larger boilers and Section II.A.4.a.(iv) adds emission
limits for boilers between 50 and 100 MMBtu/hr located at sources
greater than or equal to 50 tpy of NOX. Applicability of
combustion process adjustment requirements in Section II.A.6. was
expanded to include individual pieces of combustion equipment at major
sources of NOX under a Serious classification. The
requirements of Section II.A.6.a.(ii) apply to boilers, duct burners,
process heaters, stationary combustion turbines, stationary
[[Page 32668]]
reciprocating internal combustion engines, dryers, furnaces, and
ceramic kilns that have uncontrolled actual NOX emissions
equal to or greater than five tpy that existed at major sources of
NOX as January 27, 2020. Sections II.A.6.(v)-(vii) expand
combustion process adjustment requirements to dryers, furnaces, and
ceramic kilns. Sections II.A.6.b.(viii)(A)-(C) clarify and expand
combustion adjustment frequency requirements, including dates for
initial combustion process adjustments.
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\68\ Final Rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 70897, 70900 (Dec. 26, 2019).
---------------------------------------------------------------------------
We propose to find that the revisions to Section II are consistent
with CAA requirements, and that they strengthen the SIP.
(ii) Section III
Section III provisions control emissions from specific major
sources of VOC and/or NOX in the DMNFR area. Section
III.B.1. establishes emission limits and associated monitoring,
recordkeeping, and reporting (MRR) requirements for stationary internal
combustion engines at certain major sources to meet RACT. Section
III.B.2. sets forth flare requirements and Section III.B.3. establishes
MRR requirements for specific emission points at certain major sources
to meet RACT. Section III.B.4. requires certain major sources to submit
RACT analyses to the Division. We propose to find that the revisions to
Sections III.B.1. through 4. strengthen the SIP and meet CAA
requirements. We also propose to find that Sections III.B.1. through 2.
establishes RACT requirements for certain major sources by
incorporating federal regulations.
We propose to find that the revisions to Part E are consistent with
CAA requirements, and that they strengthen the SIP. We therefore
propose to approve the changes in Part E.
VII. Proposed Action
For the reasons expressed above, the EPA proposes to approve
revisions to Sections II, XII, and XVIII of Reg. 7 from the State's May
14, 2018 and May 8, 2019 submittals and Parts A through E from the
State's May 13, 2020 submission as shown in Table 5, except for those
revisions we are not acting on as represented in Table 6. We are
proposing to approve Colorado's determination that the above rules
constitute RACT for the specific categories addressed in Tables 2 and
3.
A comprehensive summary of the revisions in Colorado's Reg. 7
organized by the EPA's proposed rule action, reason for proposed ``no
action'' and submittal date are provided in Tables 5 and 6.
Table 5--List of Colorado Revisions to Reg. 7 That the EPA Proposes To
Approve
------------------------------------------------------------------------
Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020
submittals proposed for approval
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May 14, 2018 Submittal:
II.B, XII.A.2, XII.B.1.-XII.B.3., XII.B.6-XII.B.13, XII.B.16-
XII.B.21., XII.B.25., XII.C.1.d.-XII.C.1.e., XII.C.1.e.(iv),
XII.D., XII.F., XII.F.3.a.(i)-XII.F.3.a.(x), XII.F.5., XII.G.,
XII.G.1., XII.G.3., XII.G.4., XII.H.3., XII.H.6.a., XII.I., XII.J.,
XII.J.1, XII.J.1.a.-j., XII.J.2., XII.J.2.a.-e., XII.K., XII.K.1.,
XII.K.2., XII.K.2.a.-h(iv), XII.K.3., XII.K.3.a., XII.K.a.(i)-(vi),
XII.K.4., XII.K.5., XII.L., XII.L.1., XII.L.1.a.-b., XII.L.2.,
XII.L.2.a.-d., XII.L.3., XII.L.3.a.-c., XII.L.4., XII.L.4.a.-e.,
XII.L.5., XII.L.5.a.-c., XII.L.6., XII.L.6.a.-i., XII.L.7.,
XII.L.7.a.-g., XII.L.8., XII.L.8.a., XII.L.8.a.(i)-(ii),
XII.L.8.a.(ii)(A)-(I), XII.L.8.a.(iii), XII.L.8.a.(iv),
XII.L.8.a.(v), XVIII, XVIII.B.1..-B.3., XVIII.B.5.-11., XVIII.C.-
XVIII.C.2.c.(ii), XVIII.D.-XVIII.D.2.b., and XVIII.E.-XVIII.E.2.c.
May 8, 2019 Submittal:
XII.B.12., XII.B.13., XII.B.20., XIII.G.3., XII.J.1.j., XII.J.2.e.,
XII.K.5., XVIII.B.1., XVIII.B.5., XVIII.B.7.-9., and XVIII.D.1.b.
May 13, 2020 Submittal:
Outline of Regulation, PART A, I.A.1.c., I.B.1.c., I.B.2.h., II.B.,
PART B, I.-I.C., II.--B., III.-III.B., IV.- IV.D.4.e., V.-V.C., VI.-
VI.C.4.c.(ii), VII.- VII.B.2.b., Appendix B, V., VIII., Appendix
C, PART C, I.- I.O.5.a.(v), II.- II.F.6.j., III.- III.B.3.b., IV-
IV.B.5.c.(iii)(B), V.-V.C.1., Appendix D (renumbering), PART D, I.-
I.B.27., I.B.29.-I.C.e., I.C.1.e.(iii)-(iv), I.C.2.- I.C.2.a.(v),
I.D.- I.D.3.a.(i), I.D.3.b.- I.D.3.b.(iii), I.D.3.b.(v),
I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.- I.E.1.a., I.E.2.-
I.E.2.c.(ii), I.E.2.c.(iv)- I.E.2.c.(viii), I.F.-I.F.1.d.,
.I.F.1.g.-I.F.1.g.(xii), I.F.1.h.- I.F.2.a., I.F.2.c.-
I.F.2.c.(vi), I.F.3., I.F.3.a., I.F.3.c.- I.F.3.c.(i)(C), I.G.-
I.H.1., I.H.3.-I.L.8.a.(v)., II.C., II.C.1., II.C.1.b.(ii)-(B),
II.F, III.-III.B.3., III.B.5., III.B.7.-III.C.2.c.(ii), III.D.-
III.D.2.b., III.D.3.b., III.E.-III.E.2.c., PART E, I.-I.D., I.D.3.-
I.D.3.a.(ii), II.-II.A.4.b., II.A.4.b.(ii)-II.A.4.c., II.A.4.e.-
II.A.8.b.(i), III.-III.B.4.n., IV.-IV.A.7.c.
------------------------------------------------------------------------
Table 6--List of Colorado Revisions to Reg. 7 That the EPA Is Proposing
To Take No Action on
------------------------------------------------------------------------
Reason for proposed ``no
Revised sections action''
------------------------------------------------------------------------
May 14, 2018 Submittal:
XII.A.1., XII.A.1.c., XII.A.1.d.(ii), Superseded by May 13,
XII.A.2.-7., XII.B., XII.B.4.-5., 2020 submittal.
XII.B.12.-14., XII.B.22.-24., XII.C.,
XII.C.1.a., XII.C.1.e.(i)-(ii),
XII.C.1.f.-(ii), XII.D., XII.D.1.,
XII.D.2.a.-(i), XII.D.2.a.(vi)-(vii),
XII.E., XII.E.2.c., XII.F., XII.F.4..
May 14, 2018 Submittal:
XVIII.B.4 \69\........................... State requested this be
``state only''
definition.\70\
May 13, 2020 submittal:
II.A.4.d.-(i)............................ Provision not previously
approved in the SIP.
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VIII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Colorado AQCC Regulation 7 pertaining to the
control of ozone via ozone precursors and control of hydrocarbons vial
oil and gas emissions discussed in section VI 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
[[Page 32669]]
INFORMATION CONTACT section of this preamble for more information).
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\69\ Revised Section III.B.4.
\70\ See March 1, 2021 email and attached letter from Colorado
on ``Revised Pneumatics SIP Revisions Justification'' and May 3,
2021 email from Leah Martland, Colorado Air Pollution Control
Division (contained within the docket). The definition for
``enhanced response'' is in reference to the State Only pneumatics
find and fix program and thus not applicable to SIP provisions.
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IX. 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 choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. The proposed 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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law. We
are proposing to approve state rules as meeting the CAA standard for
RACT, which EPA has defined as the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility. Accordingly, we propose to determine that this
rule, if finalized, will not have disproportionately high or adverse
human health or environmental effects on minority or low-income
populations.
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 11, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-12875 Filed 6-21-21; 8:45 am]
BILLING CODE 6560-50-P
