Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 61071-61075 [2021-24026]
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
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Dated: November 1, 2021.
David E. O’Connell,
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[FR Doc. 2021–24271 Filed 11–4–21; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2021–0262; FRL–9163–02–
R8]
Approval and Promulgation of
Implementation Plans; Colorado;
Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other
RACT Requirements for the 2008 8Hour Ozone Standard for the Denver
Metro/North Front Range
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Subject to certain exceptions,
the Environmental Protection Agency
(EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Colorado on
May 14, 2018, May 8, 2019, May 13,
2020 and March 22, 2021. 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 and
natural gas control techniques
guidelines (CTG or CTGs) for
nonattainment areas classified as
Moderate and above 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
methods; and make typographical,
grammatical, and formatting corrections.
Also, the EPA is finalizing 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.
Finally, we are taking no action today
on several specific portions of the State
submittals, as further explained below.
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SUMMARY:
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The EPA is issuing this final rule
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on
December 6, 2021.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2021–0262. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado 80202–1129,
telephone number: (303) 312–6563,
email address: fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our June 22, 2021
proposal.1 In that document we
proposed 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 proposed to approve
certain Reg. 7 rules to meet the 2008 8hour ozone NAAQS oil and gas CTG
RACT requirements for Moderate
nonattainment areas that were not acted
on in our July 3, 2018 2 and February 24,
2021 3 rulemakings. We also proposed to
approve certain area source rules as
meeting the 2008 8-hour ozone NAAQS
RACT requirements for Serious
nonattainment areas. Additionally, we
proposed finalizing approval of the
State’s negative declaration that there
are no sources in the DMNFR Area
FR 32656.
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.
3 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.
61071
subject to the aerospace CTG, which
was conditionally approved in our
February 24, 2021 4 rulemaking. The
factual and legal background for this
action is discussed in detail in our June
22, 2021 proposed approval. The
proposal provides a detailed description
of the revisions and the rationale for the
EPA’s proposed actions.
II. Comments
We received comments on the
proposal from several commenters. One
comment was a request to set up an air
monitoring station near the Denver
International Airport where there is oil
and natural gas drilling activity. This
comment is outside the scope of this
action.
One set of relevant comments was
submitted by the Center for Biological
Diversity, Earthworks, and the Sierra
Club. The comments were related to
compliance with the CAA, CTGs as
guidance documents, requirements that
constitute RACT, suggested RACT for
specific emission points in Colorado’s
submittal, enforceability, and CAA
section 110(l). A summary of the
comments and the EPA’s responses are
provided in the Response to Comments
Document, which is contained within
the docket for this action.
One specific comment received was
related to periodic testing and
monitoring to demonstrate compliance
with the 95% control efficiency for
control devices.5 Upon further
evaluation, the EPA determined that
Colorado’s SIP submissions were
deficient for RACT purposes because
Colorado did not include recommended
provisions that are in the CTG
concerning periodic performance testing
for combustion devices controlling
emissions from storage tanks and
centrifugal compressors. Therefore, in
this final action, the EPA is not acting
on the following submitted revisions:
Reg. 7, Section XII. J.1.6 from the May
14, 2018 submittal for centrifugal
compressors; Sections I.D., I.E, and I.F.
from the May 13, 2020 submittal for
storage tanks; and I.J.1. for centrifugal
compressors. The EPA proposed to
approve these portions of the respective
SIP submittals in our June 22, 2021
proposal. These portions of these SIP
1 86
2 Final
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4 86
FR 11125.
comment and response number 16 in the
‘‘Response to Comments for the Federal Register
Notice on 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’’ document. Contained within
the document for this section.
6 Since renumbered to Colorado Reg. 7, Part D,
Section I.J.1.
5 See
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
submittals will be acted on at a later
date.
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 1, except
for those revisions we are not acting on
III. Final Action
The EPA is approving submitted
revisions to Sections II, XII, and XVIII
as represented in Table 2. We are
approving Colorado’s determination that
the above rules constitute RACT for the
specific categories addressed in Table 3.
TABLE 1—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS APPROVING IN THIS ACTION
Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020 submittals for approval
May 14, 2018 Submittal:
II.B, XII.A.2, XII.B.1.–B.3., XII.B.6–B.13, XII.B.15–B.21., XII.B.24.–B.25., XII.C.1.c.–1.e., XII.C.1.e.(iv), XII.F.3.a.(i)–a.(x), XII.F.5., XII.F.5.c–
G.1., XII.G.3–G.4., XII.H.3., XII.H.6.a., XII.I., XII.I.5., XII.J., XII.J.2–2.e., XII.K–K.5., XII.L.–L.8.a.(v), XVIII, XVIII.B.1.–B.3., XVIII.B.5,
XVIII.B.7.–B.11., XVIII.C.–C.2.c.(ii), XVIII.D.–D.2.b., and XVIII.E.–E.2.c.
May 8, 2019 Submittal:
XII.B.12.–B.13, XII.B.20., XII.G.3., XII.J.2.e., XII.K.5., XVIII.B.1., XVIII.B.5., XVIII.B.7.–B.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.–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.II., Appendix B.V., Appendix B.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), Appendix E (renumbering), PART D, I.–I.B.27., I.B.29.–I.C.1.e., I.C.1.e.(iii)–e.(iv),
I.C.2.–2.a.(v), I.G.–I.H.1., I.H.3.–I.I.5., I.J.2.–I.L.8.a.(v)., II.C., II.C.1.,II.C.1.b.(ii)–(ii)(B), II.F, III.–III.B.3., III.B.5., III.B.7.–III.C.2.c.(ii), III.D.–
D.2.b., III.D.3.b., III.E.–E.2.c., PART E, I.–I.D., I.D.3.–3.a.(ii), II.–II.A.4.b., II.A.4.b.(ii)–4.c., II.A.4.e.–A.8.b.(i), III.–III.B.4.n., IV.–IV.A.7.c.
TABLE 2—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS TAKING NO ACTION ON
Revised sections
Reason for ‘‘no action’’
May 14, 2018 Submittal:
XII.A.1., XII.A.1.c., XII.A.1.d.(ii), XII.A.3.–7., XII.B., XII.B.4.–5., XII.B.14., XII.B.22.–23.,
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., and XII.F.4.
XII.J.1
XVIII.B.4 7 .................................................................................................................................
May 8, 2019 Submittal:
XII.J.1.j .....................................................................................................................................
May 13, 2020 submittal:
Part E, II.A.4.b.(i) and II.A.4.d.–(i) ...........................................................................................
I.D.–D.3.a.(i), I.D.3.b.–b.(i), I.D.3.b.(ii), 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.–.c.(ii), I.E.2.c.(iv)–c.(viii), I.F.–1.d., I.F.1.g.–g.(xii), I.F.1.h.–F.2.a., I.F.2.c.–c.(vi),
I.F.3.–3.a, I.F.3.c.–c.(i)(C), and I.J.1.
Superseded by the May 13, 2020 submittal.
Provision to be acted on in a future rulemaking.
State requested that this be a ‘‘state only’’ definition.8
Superseded by the May 13, 2020 submittal.
Provisions not previously approved in the SIP.
Provisions to be acted on in a future rulemaking.
TABLE 3—CATEGORIES, FINAL ACTION, AND CORRESPONDING SECTIONS OF SUBMITTALS
Category
Final action
Location of RACT demonstration
Aerospace ...............................................
Approval .................
General solvent use at major sources ...
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.9
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.
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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IV. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
7 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
8 See
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51.5, the EPA is finalizing the
incorporation by reference of Colorado
Reg. 7 pertaining to regulation of
sources of VOC and NOX emissions,
except that we are not acting on the
following submitted revisions: Reg. 7,
Sections XII.J.1 from the May 14, 2018
submittal and Part D, Sections I.D., I.E.,
I.F. and I.J.1. from the May 13, 2020
submittal (as specified in Table 2
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.
9 See Colorado’s March 22, 2021 submittal,
document set 16 (in the docket for this action).
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
above). The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference in
the next update to the SIP
compilation.10
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V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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, 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);
10 62
FR 27968 (May 22, 1997).
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• 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.
We proposed to approve state rules as
meeting the CAA standard for RACT,
which the 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.
We also proposed to determine that this
rule, if finalized, would not have
disproportionately high or adverse
human health or environmental effects
on minority or low-income populations
as described in Executive Order 12898.
As to the state rules we are approving
in this action, we received no comments
concerning disproportionate impacts. In
addition, as explained above, EPA is not
taking final action on certain portions of
the RACT SIP submittals that we
proposed to approve. We will take final
action on those portions of the RACT
SIP submittal at a later date.
Accordingly, we will be further
evaluating compliance with this
executive order at a later date, when we
take final action on those remaining
portions of the RACT SIP submittals.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. The rule does not
have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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61073
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 4, 2022.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. In § 52.320, the table in paragraph
(c) is amended by removing the center
heading ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides)’’ and its subsequent
entries and adding the following five
center headings and their subsequent
entries in its place:
■ a. ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides), Part A, Applicability
and General Provisions’’;
■ b. ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides), Part B, Storage,
Transfer, and Disposal of Volatile
Organic Compounds and Petroleum
Liquids and Petroleum Processing and
Refining’’;
■ c. ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
■
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Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
Precursors and Hydrocarbons via Oil
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides), Part C, Surface
Coating, Solvents, Asphalt, Graphic Arts
and Printing, and Pharmaceuticals’’;
■ d. ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
State
effective
date
Title
*
Precursors and Hydrocarbons via Oil
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides), Part D, Oil and
Natural Gas Operations’’; and
■ e. ‘‘5 CCR 1001–09, Regulation
Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil
*
*
EPA
effective
date
and Gas Emissions, (Emissions of
Volatile Organic Compounds and
Nitrogen Oxides), Part E, Combustion
Equipment and Major Source RACT’’.
The additions read as follows:
§ 52.320
*
Identification of plan.
*
*
(c) * * *
Final rule citation/date
*
*
*
Comments
*
*
*
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part A, Applicability and General Provisions
I. Applicability ...............................................................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
II. General Provisions ...................................................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 8/5/11 except for I.A.1.b,
I.B.1.b, I.B.2.b, and I.B.2.d; nonsubstantive
changes approved 7/3/2018, 2/24/2021, and 11/5/
2021.
Previous SIP approval 8/5/2011 except for II.A.12,
II.C.1, and the repeal of previously approved II.D;
nonsubstantive changes to II.D approved 7/3/
2018; nonsubstantive changes approved 2/24/
2021 and 11/5/2021.
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part B, Storage, Transfer, and Disposal of Volatile Organic Compounds and Petroleum Liquids and Petroleum
Processing and Refining
I. General Requirements for Storage and Transfer of
Volatile Organic Compounds.
II. Storage of Highly Volatile Organic Compounds ......
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
2/14/2020
12/6/2021
III. Disposal of Volatile Organic Compounds ...............
2/14/2020
12/6/2021
IV. Storage and Transfer of Petroleum Liquid .............
2/14/2020
12/6/2021
V. Crude Oil .................................................................
2/14/2020
12/6/2021
VI. Petroleum Processing and Refining .......................
2/14/2020
12/6/2021
VII. 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.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
2/14/2020
12/6/2021
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 8/5/2011. nonsubstantive
changes approved 2/24/2021 and 11/5/2021.
Previous SIP approval 8/5/2011. nonsubstantive
changes approved 11/5/2021.
Previous SIP approvals 8/5/2011 and 2/24/2021;
nonsubstantive changes approved 11/5/2021.
Previous SIP approval 8/5/2011; nonsubstantive
changes to approved 7/3/2018 and 2/24/201. Substantive changes approved 11/5/2021.
Previous SIP approval 8/5/2011; nonsubstantive approved 7/3/2018, 2/24/2021, and 11/5/2021.
Previous SIP approval 8/5/2011; nonsubstantive
changes approved 7/3/2018, 2/24/2021, and 11/5/
2021.
Previous SIP approval 8/5/2011; nonsubstantive
changes approved 2/24/2021, substantive
changes made to VII.-VII.B.2.b approved 11/5/
2021.
Previous approval 5/30/95. Substantive changes approved 11/5/2021
Previous approval 3/13/81. Nonsubstantive changes
approved 11/5/2021.
jspears on DSK121TN23PROD with RULES1
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface Coating, Solvents, Asphalt, Graphic Arts and Printing, and Pharmaceuticals
I. Surface Coating Operations ......................................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
II. Solvent Use ..............................................................
2/14/2020
12/6/2021
III. Use of Cutback Asphalt ..........................................
2/14/2020
12/6/2021
IV. Graphic Arts and Printing .......................................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
V. Pharmaceutical Synthesis .......................................
2/14/2020
12/6/2021
Appendix D Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor Degreasers.
Appendix E Emissions Limit Conversion Procedure ...
2/14/2020
12/6/2021
2/14/2020
12/6/2021
[insert Federal Register
citation], [insert date
of publication in the
FEDERAL REGISTER].
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 8/5/2011; nonsubstantive
changes approved 7/3/2018; substantive changes
approved 2/24/2021, nonsubstantive changes approved 11/5/2021.
Previous SIP approval 8/5/2011; substantive
changes approved 2/24/2021 and 11/5/2021.
Previous SIP approval 8/5/2011; nonsubstantive
changes approved 2/24/2021 and 11/5/2021.
Previous SIP approval 8/5/2011. Substantive
changes made in 7/3/2018 rulemaking. IBR correction approved 2/24/2021. Nonsubstantive
changes approved 11/5/2021.
Previous SIP approval 8/5/2011;, nonsubstantive
changes approved 2/24/2021 and [insert date of
publication in the Federal Register].
Previous SIP approval 5/30/95. Nonsubstantive
changes approved 11/5/2021.
Previous SIP approval 5/30/95. Nonsubstantive
changes approved 11/5/2021.
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
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05NOR1
Federal Register / Vol. 86, No. 212 / Friday, November 5, 2021 / Rules and Regulations
State
effective
date
EPA
effective
date
I. Volatile Organic Compound Emissions from Oil and
Gas Operations.
2/14/2020
II. Statewide Controls for Oil and Gas Operations ......
III. Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas Operations.
Title
61075
Final rule citation/date
Comments
12/6/2021
[insert Federal Register
citation], 11/5/2021.
2/14/2020
12/6/2021
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 2/13/2008. Substantive
changes to Section XII; state-only provisions excluded, approved 7/3/2018. Substantive changes
approved 11/5/2021 except no action on Sections
I.D., I.E., I.F. and I.J.1.
Substantive changes to II.C., II.C.1., II.C.1.b.(ii)-(B),
and II.F approved 11/5/2021.
Substantive changes to 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., and III.E.–
III.E.2.c. approved 11/5/2021.
5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and Major Source RACT
I. Control of Emissions from Engines ..........................
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
II. Control of Emissions from Stationary and Portable
Engines and Other Combustion Equipment in the
8-Hour Ozone Control Area.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
III. Control of Emissions from Specific Major Sources
of VOC and/or NOx in the 8-Hour Ozone Control
Area.
IV. Control of Emissions from Breweries in the 8-hour
Ozone Control Area.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
Previous SIP approval 8/19/2005 and 12/31/2012;
nonsubstantive changes to sections XVI.A.–C. 7/3/
2018; substantive changes approved 2/24/2021,
except sections XVI.D.4.b.(i) and XVI.D.4.d. Section XVII.E.3.a. from the Regional Haze SIP approved in SIP. Previous SIP approval 12/31/2012;
nonsubstantive changes approved 2/24/2021 and
11/5/2021.
Previous SIP approvals 8/19/2005 and 12/31/2012;
nonsubstantive changes to approved7/3/2018;
substantive changes approved 2/24/2021 except
sections XVI.D.4.b.(i) and XVI.D.4.d. Substantive
changes approved 11/5/2021.
New section approved in SIP 2/24/2021. Substantive
changes approved 11/5/2021.
2/14/2020
12/6/2021
[insert Federal Register
citation], 11/5/2021.
New section approved in SIP 2/24/2021. Nonsubstantive changes approved 11/5/2021.
*
*
*
*
*
*
*
*
[FR Doc. 2021–24026 Filed 11–4–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2021–0017; FRL–9091–02–
R3]
Air Plan Approval; Maryland; Baltimore
Area Base Year Inventory for the 2015
Ozone National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
formally submitted by the State of
Maryland. This revision consists of the
base year inventory for the Baltimore,
Maryland marginal nonattainment area
(Baltimore Area) for the 2015 ozone
national ambient air quality standards
(NAAQS). This action is being taken
under the Clean Air Act (CAA).
DATES: This final rule is effective on
December 6, 2021.
ADDRESSES: EPA has established a
docket for this action under Docket ID
jspears on DSK121TN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:17 Nov 04, 2021
Jkt 256001
*
*
Number EPA–R03–OAR–2021–0017. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Serena Nichols, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. The telephone number is (215)
814–2053. Ms. Nichols can also be
reached via electronic mail at
Nichols.Serena@epa.gov.
SUPPLEMENTARY INFORMATION: On July
30, 2020, the Maryland Department of
the Environment (MDE), on behalf of the
State of Maryland, submitted a revision
to the Maryland SIP entitled, ‘‘2015 8Hour Ozone NAAQS (0.070 ppm)
Marginal Area State Implementation
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
*
*
Plan for the Baltimore, MD
Nonattainment Area, SIP #20–08.’’ This
SIP revision, referred to in this rule
action as the ‘‘Baltimore base year
inventory SIP,’’ addresses the base year
inventory requirement for the 2015
ozone NAAQS.
I. Background
On October 1, 2015, EPA strengthened
the 8-hour ozone NAAQS, lowering the
level of the NAAQS from 0.075 parts per
million (ppm) to 0.070 ppm. 80 FR
65292 (October 26, 2015). Effective
August 3, 2018, EPA designated the
Baltimore Area, consisting of Anne
Arundel, Baltimore, Carroll, Harford,
and Howard Counties and the City of
Baltimore, all in Maryland, as marginal
nonattainment for the 2015 ozone
NAAQS. 83 FR 25776 (June 4, 2018).
CAA section 182(a)(1) requires ozone
nonattainment areas classified as
marginal or above to submit a
comprehensive, accurate, current
inventory of actual emissions from all
emissions sources in the nonattainment
area, known as a ‘‘base year inventory.’’
The Baltimore base year inventory SIP
addresses a base year inventory
requirement for the Baltimore Area.
E:\FR\FM\05NOR1.SGM
05NOR1
]]>Agencies
[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Rules and Regulations]
[Pages 61071-61075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24026]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0262; FRL-9163-02-R8]
Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other
RACT Requirements for the 2008 8-Hour Ozone Standard for the Denver
Metro/North Front Range Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Subject to certain exceptions, the Environmental Protection
Agency (EPA) is approving State Implementation Plan (SIP) revisions
submitted by the State of Colorado on May 14, 2018, May 8, 2019, May
13, 2020 and March 22, 2021. 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 and natural gas control techniques guidelines (CTG or
CTGs) for nonattainment areas classified as Moderate and above 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 methods; and
make typographical, grammatical, and formatting corrections. Also, the
EPA is finalizing 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. Finally, we are taking no action today on
several specific portions of the State submittals, as further explained
below. The EPA is issuing this final rule pursuant to the Clean Air Act
(CAA).
DATES: This rule is effective on December 6, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0262. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6563, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our June
22, 2021 proposal.\1\ In that document we proposed 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
proposed 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 \2\ and February 24,
2021 \3\ rulemakings. We also proposed to approve certain area source
rules as meeting the 2008 8-hour ozone NAAQS RACT requirements for
Serious nonattainment areas. Additionally, we proposed finalizing
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 \4\ rulemaking. The factual and legal
background for this action is discussed in detail in our June 22, 2021
proposed approval. The proposal provides a detailed description of the
revisions and the rationale for the EPA's proposed actions.
---------------------------------------------------------------------------
\1\ 86 FR 32656.
\2\ 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.
\3\ 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.
\4\ 86 FR 11125.
---------------------------------------------------------------------------
II. Comments
We received comments on the proposal from several commenters. One
comment was a request to set up an air monitoring station near the
Denver International Airport where there is oil and natural gas
drilling activity. This comment is outside the scope of this action.
One set of relevant comments was submitted by the Center for
Biological Diversity, Earthworks, and the Sierra Club. The comments
were related to compliance with the CAA, CTGs as guidance documents,
requirements that constitute RACT, suggested RACT for specific emission
points in Colorado's submittal, enforceability, and CAA section 110(l).
A summary of the comments and the EPA's responses are provided in the
Response to Comments Document, which is contained within the docket for
this action.
One specific comment received was related to periodic testing and
monitoring to demonstrate compliance with the 95% control efficiency
for control devices.\5\ Upon further evaluation, the EPA determined
that Colorado's SIP submissions were deficient for RACT purposes
because Colorado did not include recommended provisions that are in the
CTG concerning periodic performance testing for combustion devices
controlling emissions from storage tanks and centrifugal compressors.
Therefore, in this final action, the EPA is not acting on the following
submitted revisions: Reg. 7, Section XII. J.1.\6\ from the May 14, 2018
submittal for centrifugal compressors; Sections I.D., I.E, and I.F.
from the May 13, 2020 submittal for storage tanks; and I.J.1. for
centrifugal compressors. The EPA proposed to approve these portions of
the respective SIP submittals in our June 22, 2021 proposal. These
portions of these SIP
[[Page 61072]]
submittals will be acted on at a later date.
---------------------------------------------------------------------------
\5\ See comment and response number 16 in the ``Response to
Comments for the Federal Register Notice on 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'' document. Contained within
the document for this section.
\6\ Since renumbered to Colorado Reg. 7, Part D, Section I.J.1.
---------------------------------------------------------------------------
III. Final Action
The EPA is approving submitted 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 1, except for those revisions we are not
acting on as represented in Table 2. We are approving Colorado's
determination that the above rules constitute RACT for the specific
categories addressed in Table 3.
Table 1--List of Colorado Revisions to Reg. 7 That the EPA Is Approving
in This Action
------------------------------------------------------------------------
Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020
submittals for approval
-------------------------------------------------------------------------
May 14, 2018 Submittal:
II.B, XII.A.2, XII.B.1.-B.3., XII.B.6-B.13, XII.B.15-B.21.,
XII.B.24.-B.25., XII.C.1.c.-1.e., XII.C.1.e.(iv), XII.F.3.a.(i)-
a.(x), XII.F.5., XII.F.5.c-G.1., XII.G.3-G.4., XII.H.3.,
XII.H.6.a., XII.I., XII.I.5., XII.J., XII.J.2-2.e., XII.K-K.5.,
XII.L.-L.8.a.(v), XVIII, XVIII.B.1.-B.3., XVIII.B.5, XVIII.B.7.-
B.11., XVIII.C.-C.2.c.(ii), XVIII.D.-D.2.b., and XVIII.E.-E.2.c.
May 8, 2019 Submittal:
XII.B.12.-B.13, XII.B.20., XII.G.3., XII.J.2.e., XII.K.5.,
XVIII.B.1., XVIII.B.5., XVIII.B.7.-B.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.-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.II., Appendix B.V.,
Appendix B.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), Appendix E (renumbering), PART D, I.-
I.B.27., I.B.29.-I.C.1.e., I.C.1.e.(iii)-e.(iv), I.C.2.-2.a.(v),
I.G.-I.H.1., I.H.3.-I.I.5., I.J.2.-I.L.8.a.(v)., II.C.,
II.C.1.,II.C.1.b.(ii)-(ii)(B), II.F, III.-III.B.3., III.B.5.,
III.B.7.-III.C.2.c.(ii), III.D.-D.2.b., III.D.3.b., III.E.-E.2.c.,
PART E, I.-I.D., I.D.3.-3.a.(ii), II.-II.A.4.b., II.A.4.b.(ii)-
4.c., II.A.4.e.-A.8.b.(i), III.-III.B.4.n., IV.-IV.A.7.c.
------------------------------------------------------------------------
Table 2--List of Colorado Revisions to Reg. 7 That the EPA Is Taking No
Action On
------------------------------------------------------------------------
Revised sections Reason for ``no action''
------------------------------------------------------------------------
May 14, 2018 Submittal:
XII.A.1., XII.A.1.c., XII.A.1.d.(ii), Superseded by the May 13,
XII.A.3.-7., XII.B., XII.B.4.-5., 2020 submittal.
XII.B.14., XII.B.22.-23., 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., and XII.F.4.
XII.J.1 Provision to be acted on
in a future rulemaking.
XVIII.B.4 \7\............................ State requested that this
be a ``state only''
definition.\8\
May 8, 2019 Submittal:
XII.J.1.j................................ Superseded by the May 13,
2020 submittal.
May 13, 2020 submittal:
Part E, II.A.4.b.(i) and II.A.4.d.-(i)... Provisions not previously
approved in the SIP.
I.D.-D.3.a.(i), I.D.3.b.-b.(i), Provisions to be acted on
I.D.3.b.(ii), I.D.3.b.(v), in a future rulemaking.
I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.-
I.E.1.a., I.E.2.-.c.(ii), I.E.2.c.(iv)-
c.(viii), I.F.-1.d., I.F.1.g.-g.(xii),
I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-
3.a, I.F.3.c.-c.(i)(C), and I.J.1.
------------------------------------------------------------------------
---------------------------------------------------------------------------
\7\ Revised Section III.B.4.
\8\ 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.
Table 3--Categories, Final Action, and Corresponding Sections of Submittals
----------------------------------------------------------------------------------------------------------------
Category Final 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.\9\
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.
Emissions from stationary internal Approval............................ pp. 619, 622, 724, 2800-2801,
combustion engines and flares at 2803 and Technical Support
certain major sources. Document for Reasonably
Available Control Technology
for Major Sources (document
number 56, p. 2134) of the May
13, 2020 submission.
----------------------------------------------------------------------------------------------------------------
IV. Incorporation by Reference
---------------------------------------------------------------------------
\9\ See Colorado's March 22, 2021 submittal, document set 16 (in
the docket for this action).
---------------------------------------------------------------------------
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Colorado Reg. 7 pertaining to regulation of sources of VOC and
NOX emissions, except that we are not acting on the
following submitted revisions: Reg. 7, Sections XII.J.1 from the May
14, 2018 submittal and Part D, Sections I.D., I.E., I.F. and I.J.1.
from the May 13, 2020 submittal (as specified in Table 2
[[Page 61073]]
above). The EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 8
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
Therefore, these materials have been approved by the EPA for inclusion
in the State implementation plan, have been incorporated by reference
by the EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of the EPA's approval, and will be incorporated by reference
in the next update to the SIP compilation.\10\
---------------------------------------------------------------------------
\10\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive 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, 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.
We proposed to approve state rules as meeting the CAA standard for
RACT, which the 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. We also proposed to determine that this rule, if
finalized, would not have disproportionately high or adverse human
health or environmental effects on minority or low-income populations
as described in Executive Order 12898. As to the state rules we are
approving in this action, we received no comments concerning
disproportionate impacts. In addition, as explained above, EPA is not
taking final action on certain portions of the RACT SIP submittals that
we proposed to approve. We will take final action on those portions of
the RACT SIP submittal at a later date. Accordingly, we will be further
evaluating compliance with this executive order at a later date, when
we take final action on those remaining portions of the RACT SIP
submittals.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. The rule does not have
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 4, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: October 28, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320, the table in paragraph (c) is amended by removing
the center heading ``5 CCR 1001-09, Regulation Number 7, Control of
Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions,
(Emissions of Volatile Organic Compounds and Nitrogen Oxides)'' and its
subsequent entries and adding the following five center headings and
their subsequent entries in its place:
0
a. ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of
Volatile Organic Compounds and Nitrogen Oxides), Part A, Applicability
and General Provisions'';
0
b. ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of
Volatile Organic Compounds and Nitrogen Oxides), Part B, Storage,
Transfer, and Disposal of Volatile Organic Compounds and Petroleum
Liquids and Petroleum Processing and Refining'';
0
c. ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone
[[Page 61074]]
Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of
Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface
Coating, Solvents, Asphalt, Graphic Arts and Printing, and
Pharmaceuticals'';
0
d. ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of
Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and
Natural Gas Operations''; and
0
e. ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone
Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions of
Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion
Equipment and Major Source RACT''.
The additions read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA
Title effective effective Final rule citation/ Comments
date date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part A, Applicability and General
Provisions
----------------------------------------------------------------------------------------------------------------
I. Applicability.................... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/11 except for
5/2021. I.A.1.b, I.B.1.b,
I.B.2.b, and I.B.2.d;
nonsubstantive changes
approved 7/3/2018, 2/
24/2021, and 11/5/
2021.
II. General Provisions.............. 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011 except for
5/2021. II.A.12, II.C.1, and
the repeal of
previously approved
II.D; nonsubstantive
changes to II.D
approved 7/3/2018;
nonsubstantive changes
approved 2/24/2021 and
11/5/2021.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part B, Storage, Transfer, and
Disposal of Volatile Organic Compounds and Petroleum Liquids and Petroleum Processing and Refining
----------------------------------------------------------------------------------------------------------------
I. General Requirements for Storage 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
and Transfer of Volatile Organic Register citation], 11/ 5/2011. nonsubstantive
Compounds. 5/2021. changes approved 2/24/
2021 and 11/5/2021.
II. Storage of Highly Volatile 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Organic Compounds. Register citation], 11/ 5/2011. nonsubstantive
5/2021. changes approved 11/5/
2021.
III. Disposal of Volatile Organic 2/14/2020 12/6/2021 [insert Federal Previous SIP approvals
Compounds. Register citation], 11/ 8/5/2011 and 2/24/
5/2021. 2021; nonsubstantive
changes approved 11/5/
2021.
IV. Storage and Transfer of 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Petroleum Liquid. Register citation], 11/ 5/2011; nonsubstantive
5/2021. changes to approved 7/
3/2018 and 2/24/201.
Substantive changes
approved 11/5/2021.
V. Crude Oil........................ 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011; nonsubstantive
5/2021. approved 7/3/2018, 2/
24/2021, and 11/5/
2021.
VI. Petroleum Processing and 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Refining. Register citation], 11/ 5/2011; nonsubstantive
5/2021. changes approved 7/3/
2018, 2/24/2021, and
11/5/2021.
VII. Control of Volatile Organic 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Compound Leaks from Vapor Register citation], 11/ 5/2011; nonsubstantive
Collection Systems and Vapor 5/2021. changes approved 2/24/
Control Systems Located at Gasoline 2021, substantive
Terminals, Gasoline Bulk Plants, changes made to VII.-
and Gasoline Dispensing Facilities. VII.B.2.b approved 11/
5/2021.
Appendix B Criteria for Control of 2/14/2020 12/6/2021 [insert Federal Previous approval 5/30/
Vapors from Gasoline Transfer to Register citation], 11/ 95. Substantive
Storage Tanks. 5/2021. changes approved 11/5/
2021
Appendix C Criteria for Control of 2/14/2020 12/6/2021 [insert Federal Previous approval 3/13/
Vapors from Gasoline Transfer at Register citation], 11/ 81. Nonsubstantive
Bulk Plants. 5/2021. changes approved 11/5/
2021.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface Coating, Solvents,
Asphalt, Graphic Arts and Printing, and Pharmaceuticals
----------------------------------------------------------------------------------------------------------------
I. Surface Coating Operations....... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011; nonsubstantive
5/2021. changes approved 7/3/
2018; substantive
changes approved 2/24/
2021, nonsubstantive
changes approved 11/5/
2021.
II. Solvent Use..................... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011; substantive
5/2021. changes approved 2/24/
2021 and 11/5/2021.
III. Use of Cutback Asphalt......... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011; nonsubstantive
5/2021. changes approved 2/24/
2021 and 11/5/2021.
IV. Graphic Arts and Printing....... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 5/2011. Substantive
5/2021. changes made in 7/3/
2018 rulemaking. IBR
correction approved 2/
24/2021.
Nonsubstantive changes
approved 11/5/2021.
V. Pharmaceutical Synthesis......... 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 5/2011;,
[insert date of nonsubstantive changes
publication in the approved 2/24/2021 and
Federal Register]. [insert date of
publication in the
Federal Register].
Appendix D Minimum Cooling 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 5/
Capacities for Refrigerated Register citation], 11/ 30/95. Nonsubstantive
Freeboard Chillers on Vapor 5/2021. changes approved 11/5/
Degreasers. 2021.
Appendix E Emissions Limit 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 5/
Conversion Procedure. Register citation], 11/ 30/95. Nonsubstantive
5/2021. changes approved 11/5/
2021.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas
Operations
----------------------------------------------------------------------------------------------------------------
[[Page 61075]]
I. Volatile Organic Compound 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 2/
Emissions from Oil and Gas Register citation], 11/ 13/2008. Substantive
Operations. 5/2021. changes to Section
XII; state-only
provisions excluded,
approved 7/3/2018.
Substantive changes
approved 11/5/2021
except no action on
Sections I.D., I.E.,
I.F. and I.J.1.
II. Statewide Controls for Oil and 2/14/2020 12/6/2021 [insert Federal Substantive changes to
Gas Operations. Register citation], 11/ II.C., II.C.1.,
5/2021. II.C.1.b.(ii)-(B), and
II.F approved 11/5/
2021.
III. Natural Gas-Actuated Pneumatic 2/14/2020 12/6/2021 [insert Federal Substantive changes to
Controllers Associated with Oil and Register citation], 11/ III.-III.B.3.,
Gas Operations. 5/2021. III.B.5., III.B.7.-
III.C.2.c.(ii), III.D.-
III.D.2.b.,
III.D.3.b., and III.E.-
III.E.2.c. approved 11/
5/2021.
----------------------------------------------------------------------------------------------------------------
5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and
Major Source RACT
----------------------------------------------------------------------------------------------------------------
I. Control of Emissions from Engines 2/14/2020 12/6/2021 [insert Federal Previous SIP approval 8/
Register citation], 11/ 19/2005 and 12/31/
5/2021. 2012; nonsubstantive
changes to sections
XVI.A.-C. 7/3/2018;
substantive changes
approved 2/24/2021,
except sections
XVI.D.4.b.(i) and
XVI.D.4.d. Section
XVII.E.3.a. from the
Regional Haze SIP
approved in SIP.
Previous SIP approval
12/31/2012;
nonsubstantive changes
approved 2/24/2021 and
11/5/2021.
II. Control of Emissions from 2/14/2020 12/6/2021 [insert Federal Previous SIP approvals
Stationary and Portable Engines and Register citation], 11/ 8/19/2005 and 12/31/
Other Combustion Equipment in the 8- 5/2021. 2012; nonsubstantive
Hour Ozone Control Area. changes to approved7/3/
2018; substantive
changes approved 2/24/
2021 except sections
XVI.D.4.b.(i) and
XVI.D.4.d. Substantive
changes approved 11/5/
2021.
III. Control of Emissions from 2/14/2020 12/6/2021 [insert Federal New section approved in
Specific Major Sources of VOC and/ Register citation], 11/ SIP 2/24/2021.
or NOx in the 8-Hour Ozone Control 5/2021. Substantive changes
Area. approved 11/5/2021.
IV. Control of Emissions from 2/14/2020 12/6/2021 [insert Federal New section approved in
Breweries in the 8-hour Ozone Register citation], 11/ SIP 2/24/2021.
Control Area. 5/2021. Nonsubstantive changes
approved 11/5/2021.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-24026 Filed 11-4-21; 8:45 am]
BILLING CODE 6560-50-P
