Air Plan Conditional Approval; Colorado; Revisions to Regulation Number 7 and RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 74060-74066 [2022-26291]
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules
for lost securityholders from only
recordkeeping transfer agents to brokers
and dealers as well; add a requirement
that ‘‘paying agents’’ notify
‘‘unresponsive payees’’ that a paying
agent has sent a securityholder a check
that has not yet been negotiated; and
add certain other provisions. The
Commission also adopted conforming
amendment to Rule 17Ad–7(i) and new
Rule 15b1–6, a technical rule to help
ensure that brokers and dealers have
notice of their new obligations with
respect to lost securityholders and
unresponsive payees.
Prior RFA Analysis: When the
Commission adopted the rule
amendments on January 16, 2013, it
published a Final Regulatory Flexibility
Analysis in the adopting release,
Release No. 34–68668, available at:
https://www.federalregister.gov/
documents/2013/01/23/2013-01269/
lost-securityholders-and-unresponsivepayees. The Commission solicited
comment on the Initial Regulatory
Flexibility Analysis included in the
proposing release, Release No. 34–64099
(March 18, 2011), available at: https://
www.federalregister.gov/documents/
2011/03/25/2011-6940/rule-17ad-17transfer-agents-brokers-and-dealersobligation-to-search-for-lostsecurityholders, and considered
comments received at that time.
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By the Commission.
Dated: November 28, 2022
Vanessa A. Countryman,
Secretary.
[FR Doc. 2022–26133 Filed 12–1–22; 8:45 am]
BILLING CODE 8011–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2022–0857; FRL–10410–
01–R8]
Air Plan Conditional Approval;
Colorado; Revisions to Regulation
Number 7 and RACT Requirements for
2008 8-Hour Ozone Standard for the
Denver Metro/North Front Range
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is proposing conditional
approval of portions of State
Implementation Plan (SIP) revisions to
Colorado Air Quality Control
Commission (Commission or AQCC)
SUMMARY:
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Regulation Number 7 (Reg. 7), which
address Colorado’s SIP obligation to
require reasonably available control
technology (RACT) for sources covered
by the 2008 miscellaneous metal and
plastic parts coatings (miscellaneous
metal coatings) control techniques
guidelines (CTG) and major source
nitrogen oxides (NOX) for Moderate
nonattainment areas under the 2008
ozone National Ambient Air Quality
Standard (NAAQS). These revisions
address all of the remaining pieces of
the May 31, 2017 and May 10, 2019
submittals that we have not previously
acted on. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: Written comments must be
received on or before January 3, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2022–0857, 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
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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,
telephone number: (303) 312–6563,
email address: 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 proposing to
take?
As explained below, the EPA is
proposing to conditionally approve into
the SIP certain Reg. 7 rules as meeting
the 2008 8-hour ozone NAAQS
miscellaneous metal coatings CTG 1 and
major source NOX RACT requirements
for the Moderate Denver Metro/North
Front Range (DMNFR) Area. The rules
that are the subject of this action were
not acted on in our July 3, 2018,2
February 24, 2021,3 November 5, 2021 4
rulemakings. This proposed conditional
approval is based on the State’s
commitment to make specified further
revisions to these rules, and submit
them for approval into the SIP, to
address deficiencies identified in the
State’s May 31, 2017 and May 10, 2019
submittals.
Under section 110(k)(4) of the CAA,
the EPA may conditionally approve a
plan based on a commitment from a
state to adopt specific enforceable
measures by a date certain no later than
one year from the date of approval. The
conditionally approved provisions are a
part of the SIP and thus are federally
enforceable as of the effective date of the
final conditional approval. If the EPA
conditionally approves the identified
Reg. 7 rules, the State must meet its
commitment to submit the necessary
SIP revisions to the EPA by June 30,
1 Control Techniques Guidelines for
Miscellaneous Metal and Plastic Parts Coatings,
EPA–453/R–08–003, September 2008, available at
https://nepis.epa.gov/Exe/ZyPDF.
cgi?Dockey=P1001JAL.txt.
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 Final Rule, 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, 86 FR 61071, 61072.
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2023. If the State fails to do so, this
action will automatically become a
disapproval on that date. If the State
submits timely SIP revisions but the
EPA finds the SIP submittal to be
incomplete, this action will become a
disapproval on the date of the EPA’s
incompleteness finding. In either case,
the EPA will notify the State by letter
that the conditional approval has
converted to a disapproval, and as of the
date of that notification the
conditionally approved measures will
no longer be a part of the approved
Colorado SIP. The EPA subsequently
will publish a document in the Federal
Register notifying the public that the
conditional approval converted to a
disapproval.
If the State submits the necessary SIP
revisions by June 30, 2023, the
conditionally approved provisions will
remain a part of the SIP until the EPA
approves or disapproves the new SIP
revisions through notice-and-comment
rulemaking. If the EPA takes final action
approving the new revisions into the
SIP, in the same final action the EPA
will also convert the conditional
approval to a full approval by making
appropriate revisions to the description
of the SIP in the Code of Federal
Regulations. If the EPA disapproves the
new SIP revisions, the conditional
approval will convert to a disapproval,
and the conditionally approved
provisions will no longer be a part of the
approved Colorado SIP.
Any conditional approval action that
converts to a disapproval will start an
18-month clock for application of
mandatory sanctions under CAA section
179(b) and a two-year clock for the EPA
to promulgate a Federal implementation
plan under CAA section 110(c)(1). The
basis for our proposed action is
discussed in this proposed rulemaking.
Technical information that we are
relying on, as well as the State’s October
13, 2022 commitment letter, is in the
docket, available at https://
www.regulations.gov, Docket No. EPA–
R08–OAR–2022–0857.
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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.5
5 Final rule, National Ambient Air Quality
Standards for Ozone, 73 FR 16436 (March 27, 2008).
The EPA has since further strengthened the ozone
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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.6 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.7
With that rulemaking, the DMNFR was
designated nonattainment and classified
as Marginal.8 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 8hour average ozone concentration at a
monitoring site.9 Areas designated as
nonattainment at the Marginal
classification level were required to
attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012–
2014 monitoring data.10
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.11 Colorado
submitted SIP revisions to the EPA on
May 31, 2017 to meet the Denver Area’s
requirements under the Moderate
classification.12 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.13 On
February 24, 2021, the EPA took final
action approving additional measures as
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).
6 40 CFR 50.15(b).
7 Final rule, Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards, 77
FR 30088 (May 21, 2012).
8 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.
9 40 CFR part 50, appendix I.
10 See 40 CFR 51.903.
11 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).
12 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).
13 83 FR 31068.
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74061
addressing Colorado’s RACT SIP
obligations for Moderate ozone
nonattainment areas.14 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.15 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.16
III. Summary of the State’s SIP
Submittals
We are proposing to take action on
Colorado SIP submittals made on two
different dates:
May 31, 2017 Submittal
This submittal contains the State’s
Moderate ozone attainment plan for the
2008 8-hour ozone NAAQS, including
RACT requirements for 100 tons per
year (tpy) major sources of VOC and/or
NOX and for sources subject to a CTG.
We have previously acted on all parts
of this SIP submittal except for the
State’s determination for the
miscellaneous metal coatings CTG and
major source NOX RACT, as to which
we are now proposing conditional
approval.
May 10, 2019 Submittal
This submittal contains amendments
to Reg. 7 that establish categorical RACT
requirements for major sources of NOX
in the DMNFR Area that emit 100 tpy
or more. Specifically, on July 19, 2018
the AQCC adopted RACT requirements
for boilers, stationary combustion
turbines, lightweight aggregate kilns,
glass melting furnaces, and compression
ignition reciprocating internal
combustion engines (collectively
referred to as ‘‘stationary combustion
equipment’’) located at major sources of
NOX.17 We have previously acted on all
parts of this SIP submittal except for
revisions to Reg. 7, Part E, Section
II.A.4.d., concerning glass melting
14 86
FR 11125.
40 CFR 51.903.
16 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.
17 On June 29, 2018, the EPA provided comments
on Colorado’s revised draft ozone SIPs for the
DMNFR Area, including the TSD and rules in Reg.7,
Section XVI.D.4. These written comments from the
EPA included some comments applicable to the
rules we are proposing to act on in this document.
The comment letters can be found within the
docket for this action on www.regulations.gov.
15 See
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furnaces, as to which we are now
proposing conditional approval.
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.18 For the
May 31, 2017 submittal, the AQCC
provided notice in the Colorado Register
on August 10, 2016,19 and held a public
hearing on the SIP revisions on
November 17, 2016. The Commission
adopted the SIP revisions on November
17, 2016. The SIP revisions became
state-effective on January 14, 2017.
For the May 10, 2019 submittal, the
AQCC provided notice in the Colorado
Register on May 10, 2018,20 and held a
public hearing on the revisions on July
19, 2018. The Commission adopted the
SIP revisions on July 19, 2018. The SIP
revisions became state-effective on
September 14, 2018.
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
Section 172(c)(1) of the CAA requires
that SIPs for nonattainment areas
‘‘provide for the implementation of all
reasonably available control measures as
expeditiously as practicable (including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonably available
control technology).’’ The EPA has
defined RACT as ‘‘[t]he 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.’’ 21 The EPA provides
guidance concerning what types of
controls may constitute RACT for a
given source category by issuing CTG
and Alternative Control Techniques
(ACT) documents.22 States must submit
18 CAA
section 110(a)(2), 42 U.S.C. 7410(a)(2).
CR 15, available at https://
www.sos.state.co.us/CCR/RegisterPdfContents.
do?publicationDay=08/10/2016.
20 41 CR 9, available at https://
www.sos.state.co.us/CCR/RegisterPdfContents.
do?publicationDay=05/10/2018.
21 General Preamble for Proposed Rulemaking on
Approval of Plan Revisions for Nonattainment
Areas—Supplement (on Control Techniques
Guidelines), 44 FR 53761 (Sep. 17, 1979).
22 See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-and-
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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.23
For a Moderate, Serious, or Severe
area a major stationary source is one
that emits, or has the potential to emit,
100, 50, or 25 tpy or more, respectively,
of VOCs or NOX.24 Accordingly, for the
DMNFR Serious nonattainment area, a
major stationary source is one that
emits, or has the potential to emit, 50
tpy or more of VOCs or NOX. RACT can
be adopted in the form of emission
limitations or ‘‘work practice standards
or other operation and maintenance
requirements,’’ as appropriate.25
As part of its May 31, 2017 Moderate
ozone attainment plan, the Division
conducted RACT analyses to
demonstrate that the RACT
requirements for CTG and major sources
in the DMNFR Area had been fulfilled.
The Division conducted these RACT
analyses for VOC and NOX by listing
state regulations implementing or
exceeding RACT requirements for each
CTG or non-CTG category at issue, and
by detailing the basis for concluding
that these regulations fulfilled RACT,
through comparison with established
RACT requirements described in the
CTG and ACT guidance documents and
rules developed by other state and local
agencies. The EPA approved the
majority of the State’s CTG RACT
analysis on July 3, 2018.26
In July 2018, the Commission adopted
categorical RACT requirements for
combustion equipment at major sources
under the Moderate classification that
the Commission had determined in
alternative-control-techniques for a list of EPAissued CTGs and ACTs.
23 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://www.regulations.gov/document/
EPA-R08-OAR-2020-0114-0008.
24 See CAA sections 182(b), 182(c), 182(d),
182(f)(1), and 302(j).
25 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.
26 See 83 FR 31068. A negative declaration as to
RACT for sources covered by the aerospace CTG
was approved on November 5, 2021 (86 FR 61071).
Colorado’s RACT demonstrations for sources
covered by the industrial cleaning solvents, metal
furniture coatings (2007), and wood furniture CTGs
were approved on February 24, 2021 (86 FR 11127);
and the state’s RACT demonstration for sources
covered by the oil and gas CTG was conditionally
approved on May 13, 2022 (87 FR 29228).
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2016 were not addressed by SIP RACT
requirements. In November 2019, the
Commission adopted SIP requirements
to include provisions that implement
RACT for certain CTG VOC source
categories in the DMNFR Area.
Specifically, the Commission adopted
categorical RACT requirements for
industrial cleaning solvent and metal
furniture surface coating operations.
The EPA approved these revisions on
February 24, 2021.27
The RACT submissions that we are
now proposing to approve include those
that we have not previously acted on
that are addressing RACT for CTG and
Moderate non-CTG VOC and NOX
sources and categories. We previously
deferred action on these pieces because
we determined that Colorado’s SIP
revisions did not meet major source
NOX RACT for the Moderate
classification or miscellaneous metal
coatings CTG RACT requirements. On
October 14, 2022, Colorado submitted a
letter 28 to the EPA committing to
correct the deficiencies through
rulemaking in December 2022. The
Colorado Air Pollution Control Division
(Division) has proposed revisions that
are consistent with the commitments in
the letter.29 Based on the State’s
commitment to correcting the
deficiencies identified by the EPA, and
recognizing the substantial progress
made toward fulfilling that
commitment, we are now proposing
conditional approval of the
miscellaneous metal coatings CTG and
major source NOX rules for which we
previously deferred action.
B. Evaluation of RACT for
Miscellaneous Metal Coatings Sources
As part of its May 31, 2017 submittal,
the Division determined that RACT for
sources covered by the miscellaneous
metal coatings CTG was met through
existing Reg. 7 rules that were based on
the EPA’s 1978 metal coatings CTG. The
Division also submitted a negative
declaration 30 for the plastic parts
coatings limits in Tables 3, 4, 8, and 9
of the 2008 miscellaneous metal
coatings CTG.31 The EPA’s 2008
27 86
FR 11127.
letter is dated October 13, 2022 and was
received on October 14, 2022. See ‘‘Colorado
Commitment Letter: 2008 Ozone NAAQS Serious
SIP’’ email from Jessica Ferko, Planning & Policy
Program Manager, Colorado Department of Public
Health and Environment (in the docket).
29 See https://drive.google.com/drive/u/0/folders/
1zwYGnKubclWxAcTwOCVhq6xAWlz1FppE.
30 States are not required to adopt RACT limits for
source categories for which no sources exist in a
nonattainment area, and can submit a negative
declaration to that effect.
31 See p. 6–3 of the Moderate ozone attainment
plan, contained in the docket.
28 The
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miscellaneous metal coatings CTG
recommends expanded coatings VOC
content limits from four to fifty
categories and work practices,
application methods, and
recordkeeping. In response to the EPA’s
concerns with Colorado’s reliance on
the EPA’s 1978 Metal Coating CTG,
Colorado revised the metal surface
coating requirements in its May 10,
2019 submittal. In a separate action, the
EPA proposes to find that Colorado’s
submittal for sources subject to VOC
coating categories in Tables 2 and 7 of
the CTG in the DMNFR Area provides
for the implementation of RACT.32
Additionally, the Division now has
committed to adopting VOC content
limits for motor vehicle materials
reflected in Table 6 of the CTG and
associated work practices in Reg. 7, Part
C, Section I.P.33 Finally, the Division is
submitting a negative declaration for
pleasure craft surface coatings in Table
5 of the CTG.
The Division compared requirements
for miscellaneous metal parts coatings
to existing Colorado regulations, Federal
rules, CTG requirements, information
and determinations in the RACT/BACT/
LAER Clearinghouse (RBLC), and other
state requirements and regulations, and
certified that Reg. 7 approved rules
demonstrated RACT for Miscellaneous
Metal Parts Coatings.34 We have
reviewed Colorado’s new and revised
VOC rules for the categories covered by
the miscellaneous metal coatings CTG
74063
and the demonstrations submitted by
Colorado, and have compared the
emission limitations and control
requirements with those of the CTG,
Federal rules, information and
determinations in the RBLC, and other
state requirements and regulations.35 As
previously discussed, we approved the
majority of the State’s previous
submittals as meeting RACT
requirements. This proposal is not
intended to reopen or revisit any aspect
of previous final rules. Section VI
includes a detailed discussion of the
rules that the EPA is proposing to take
action on here. A summary of past
actions as they relate to CTG VOC
coating categories and limits is
contained in Table 1 of this action.
TABLE 1—CTG COATING CATEGORIES AND EPA ACTIONS
CTG coating categories
Colorado submittal date
EPA action
Table 2. Metal Parts and Products VOC Content Limits ........................
May 10, 2019 .................................
Table 3. Plastic Parts and Products VOC Content Limits ......................
May 31, 2017 (Negative declaration).
May 31, 2017 (Negative declaration).
Anticipated by June 30, 2023
(Negative declaration).
Anticipated by June 30, 2023 ........
May 10, 2019 .................................
Proposed Approval Anticipated
2022.36
Approved 83 FR 31068.
Table 4. Automotive/Transportation and Business Machine Plastic
Parts VOC Content Limits.
Table 5. Pleasure Craft Surface Coating VOC Content Limits ..............
Table 6. Motor Vehicle Materials VOC Content Limits ...........................
Table 7. Metal Parts and Products VOC Emission Rate Limits .............
Table 8. Plastic Parts and Products VOC Emission Rate Limits ...........
Table 9. Automotive/Transportation and Business Machine Plastic
Parts VOC Emission Rate Limits.
C. Evaluation of RACT for Glass Melting
Furnaces and Major Sources of NOX
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In preparing its RACT determinations,
Colorado reviewed source permits,
consulted with Division permitting and
enforcement staff involved with each
source, and consulted with the sources
themselves.38 Colorado also considered
control strategies identified in the CTGs,
ACTs, RBLC, EPA’s Menu of Control
Measures, New Source Performance
Standards (NSPS), emission guidelines,
National Emission Standards for
Hazardous Air Pollutants (NESHAP),
and in Colorado’s regulations.39 On May
10, 2019, Colorado submitted RACT
rules in Reg. 7 for glass melting furnaces
located at major sources of NOX and
VOCs (100 tpy or greater). Based on the
EPA’s concerns that the rules provided
32 Docket
ID. EPA–R08–OAR–2022–0632.
Commitment Letter Serious SIP—
2008 Ozone NAAQS, Michael Ogeltree, Director,
Air Pollution Control Division, Colorado
Department of Public Health and Environment, Oct.
13, 2022 (in the docket for this action).
34 See p. 6–4 and Appendix 6–B on p. 6–19 of
Colorado’s 2008 Ozone Moderate Area Attainment
Plan for the DMNFR.
33 Colorado
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May 31, 2017 (Negative declaration).
May 31, 2017 (Negative declaration).
Approved 83 FR 31068.
Conditional Approval.
Conditional Approval.
Proposed Approval Anticipated
2022.37
Approved 83 FR 31068.
Approved 83 FR 31068.
for an exemption from the NOX
emission limit of 1.2 lbs/ton of glass
pulled during periods when production
fell below 35% maximum designed
production,40 the Division has proposed
revised rules that remove this
exemption so that the NOX limit applies
during all periods of operation,
including abnormally low production,
except during the initial startup of a
new furnace or an existing furnace after
a cold rebuild. During these events,
which occur approximately every 10–20
years, natural gas fuel consumption of
portable burners used to heat the main
furnace(s) is limited and must be
recorded and counted toward the
existing annual limit for furnaces.
Additionally, NOX emissions from the
portable burners will count toward the
existing annual ton per year NOX limit
for the furnace. Once heating is
switched over to the main furnace, NOX
emissions must be monitored via a
continuous emissions monitoring
system/continuous emissions rate
monitoring system (CEMS/CERMS).
Production data will be used to
calculate the 30-day rolling average and
ensure compliance with the 1.2 lbs
NOX/ton of glass pulled limit. We
therefore propose to find that the
combination of emission limits in the
revised provisions apply continuously
during all modes of operation in line
with CAA section 302(k).
We have reviewed Colorado’s new
rules for glass melting furnaces located
at major sources of VOC and NOX and
the demonstrations submitted by
35 See the May 2021 EPA TSD included in the
docket for this action.
36 Docket ID. EPA–R08–OAR–2022–0632.
37 Id.
38 See Colorado’s Technical Support Document
for Reasonably Available Control Technology for
Boilers, Turbines, Engines and Aggregate Kilns at
Major NOX Sources in the DMNFR Nonattainment
Area, July 2018. Available within the docket for this
action.
39 See id.
40 See the EPA’s June 29, 2018 comments on
Colorado’s revised draft ozone SIPs for the DMNFR
Area, in the docket for this action.
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Colorado,41 and have compared the
emission limitations and control
requirements with those of Federal
rules, consent decrees, information and
determinations in the RBLC, and other
state requirements and regulations.42 As
previously discussed, we approved the
majority of the State’s previous
submittals as meeting RACT
requirements.43 We also anticipate
proposing approval of additional major
source RACT requirements in 2022.44
This proposal is not intended to reopen
or revisit any aspect of previously
approved rules. Section VI includes a
detailed discussion of the rules that the
EPA is proposing to take action on here.
D. Proposed RACT Determination for
Miscellaneous Metal Coatings CTG and
Glass Melting Furnaces at Major
Sources of NOX
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Based on our review, and as
supported by the State’s commitment to
develop and submit additional VOC
coating content limits and associated
work practices, definitions,
recordkeeping, and recording
requirements for miscellaneous metals
coatings and NOX emission limits for
glass melting furnaces at major sources,
we propose to conditionally approve the
rules included in the State’s
commitment letter as meeting RACT
requirements and providing for the
lowest emission limitation through
application of control techniques that
are reasonably available considering
technological and economic feasibility.
Therefore, we propose to conditionally
approve the rules noted above as
satisfying CAA RACT requirements for
the miscellaneous metal coatings CTG
sources and glass melting furnaces in
the DMNFR Area.45 For more
information, see the Technical Support
Document (TSD) for this action.
41 See Colorado’s Technical Support Document
for Reasonably Available Control Technology for
Boilers, Turbines, Engines and Aggregate Kilns at
Major NOX Sources in the DMNFR Nonattainment
Area, July 2018. See also Colorado’s Technical
Support Document for Reasonably Available
Control Technology for Major Sources Supporting
the Denver Metro/North Front Range State
Implementation Plan for the 2008 and 2015 8-Hour
Ozone National Ambient Air Quality Standards,
October 31, 2022. Available within the docket for
this action.
42 See the EPA TSD included in the docket for
this action.
43 86 FR 11125 (Feb. 24, 2021).
44 See docket ID. EPA–R08–OAR–2022–0632.
45 See https://www.epa.gov/ground-level-ozonepollution/ract-information.
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VI. The EPA’s Evaluation of SIP Control
Measures in the October 13, 2022
Commitment Letter
Reg. 7, Part C, Section I.P.,
Miscellaneous Metal Coatings
Section I of Part C contains rules for
surface coating operations. The revised
Section I.P., Motor Vehicle Materials,
applies to automotive coating facilities
where the total actual VOC emissions
from coatings, including cleaning
activities, at the facility are greater than
or equal to 2.7 tons per 12-month rolling
period, before consideration of controls.
Section I.P.2. adds new definitions
associated with the requirements in I.P.
Section I.P.4. includes new control
requirements for automotive coating
facilities including reducing VOC
emissions with an emission control
system having a control efficiency of
90% or greater or complying with the
VOC content limits established in
Tables 3 of Section I.P. Owners and
operators must use and follow
application methods and work practice
standards in Sections I.P.5 and 6 to
reduce VOC emissions. These include
the use of high-volume low-pressure
spray, roller coat, and airless spray;
storing all VOC-containing coatings,
thinners, coating-related waste
materials, cleaning materials, and used
shop towels in closed containers; and
minimizing VOC emissions from
cleaning of application, storage, mixing,
and conveying equipment by cleaning
equipment without atomizing the
cleaning solvent and capturing spent
solvent in closed containers. Section
I.P.7. contains recordkeeping
requirements to demonstrate
compliance with Section I.P. Records
must be maintained for a minimum of
five years and made available to the
Division upon request.
A detailed review of Section I.P. is in
the TSD for this action. We propose to
find that the provisions in Section I.P.
are consistent with CAA requirements,
represent RACT for the emission limits
in Table 6 ‘‘Motor Vehicle Materials
VOC Content Limits’’ of the 2008
Miscellaneous Metal Parts and Products
CTG, and that they strengthen the SIP.
We therefore propose to conditionally
approve the revisions in Part C, Section
I.P.
Reg. 7, Part E, Section II.A.4.d. Glass
Melting Furnaces
Section II of Part E contains rules for
the control of emissions from stationary
and portable combustion equipment in
the DMNFR Area. The Commission
revised this section of Reg. 7 to include
provisions in the SIP that require the
implementation of RACT for glass
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melting furnaces at major sources of
NOX emissions in Section II.A.4.d.
Affected sources must comply with a
limit of 1.2 pounds of NOX per ton of
glass pulled on a 30-production-day
rolling average. For periods when no
glass is pulled, NOX mass emissions
must be calculated and included in the
annual mass emissions totals for the
furnace. Section II.A.4.d.(ii)(A) limits
portable burner fuel use to 8 million
standard cubic feet of natural gas during
the initial heating phase following an
original construction or refractory brick
replacement or repair project. NOX
emissions from the use of portable
burners must be calculated using the
process described in Section
II.A.4.d.(ii)(A). SIP-approved Section
II.A.5.c.(i)(A) 46 requires continuous
emission monitoring to monitor
compliance with the applicable
emission limit. Records and reporting
requirements to demonstrate
compliance with Section II.A.4.d.
controls are included in SIP-approved
Sections II.A.7 and 8.47
A detailed evaluation of Section II is
in the TSD for this action. We propose
to find that the provisions in Section II
are consistent with CAA and RACT
requirements, and that they strengthen
the SIP. We therefore propose to
approve the revisions in Part E, Section
II.
The revisions described in this
section 48 will strengthen the SIP, and
(once the State has submitted the
revised regulations described in its
commitment letter) will meet CAA and
RACT requirements. We therefore
propose to conditionally approve these
revisions into the SIP.
VII. Proposed Action
For the reasons expressed above, the
EPA proposes to conditionally approve
revisions to Reg. 7, Part C, Section I.P.
and Reg. 7, Part E, Section II.A.4.
Additionally, the EPA is proposing to
conditionally approve Colorado’s
determination that the Reg. 7 revisions
satisfy RACT requirements for the
Colorado ozone SIP for the 2008
miscellaneous metal coatings CTG and
major source NOX RACT for the 2008 8hour Moderate ozone area. Under
section 110(k)(4) of the Act, the EPA
may approve a SIP revision based on a
commitment by a state to adopt specific
enforceable measures by a date certain,
46 See https://www.epa.gov/system/files/
documents/2021-09/co-table-c.pdf#reg7_parte.
47 Id.
48 With the exception of revisions described in
the State’s commitment letter, which have not been
submitted as SIP revisions yet. As previously noted,
those revisions will be evaluated in a separate
rulemaking after the state submits them to the EPA.
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but not later than one year after the date
of approval of the plan revision. On
October 14, 2022, Colorado submitted a
letter committing to adopt and submit
specific revisions by June 30, 2023.49
Specifically, the State has committed to
add additional VOC coating content
limits and associated work practices,
definitions, recordkeeping, and
recording requirements for motor
vehicle materials, submit a negative
declaration for pleasure craft surface
coatings, and add NOX emission limits
for glass melting furnaces at major
sources. If we finalize our proposed
conditional approval, Colorado must
adopt and submit the specific revisions
it has committed to by June 30, 2023 in
order for the conditional approval to
convert to full approval. We note that
the Division has proposed to adopt the
revisions as outlined in the commitment
letter at the December 2022 AQCC
hearing, and we anticipate that the State
will meet its deadline to submit these
measures as SIP revisions. However, if
Colorado does not comply with its
commitment by June 30, 2023, if we
find Colorado’s SIP submission
provided to fulfill the commitment to be
incomplete, or if we disapprove the SIP
submission, this conditional approval
will convert to a disapproval. If any of
these occur and our conditional
approval converts to a disapproval, that
will constitute a disapproval of a
required plan element under part D of
title I of the Act, which will start an 18month clock for sanctions 50 and the
two-year clock for a Federal
implementation plan.51
VIII. Consideration of Section 110(l) of
the CAA
Under section 110(l) of the CAA, the
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirements concerning
attainment and reasonable further
progress toward attainment of the
NAAQS, or any other applicable
requirement of the Act. In addition,
section 110(l) requires that each revision
to an implementation plan submitted by
a state shall be adopted by the state after
reasonable notice and public hearing.
The Colorado SIP revisions that the
EPA is proposing to conditionally
approve do not interfere with any
applicable requirements of the Act. The
Reg. 7 revisions are intended to
strengthen the SIP and to serve as RACT
49 Although CAA section 110(k)(4) allows the
EPA to make a conditional approval based on a
commitment to act within one year of the final
conditional approval, Colorado has committed to
act on a much more accelerated schedule.
50 See CAA section 179(a)(2).
51 See CAA section 110(c)(1)(B).
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for certain sources for the Colorado
ozone SIP. We anticipate the submittal
to show that the revisions were adopted
after reasonable public notices and
hearings because the revisions are
currently in the public comment phase.
Therefore, CAA section 110(l)
requirements are satisfied.
IX. Environmental Justice
Considerations
Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 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. Additionally,
Executive Order 13985 (86 FR 7009, Jan.
25, 2021) directs Federal agencies to
assess whether and to what extent their
programs and policies perpetuate
systemic barriers to opportunities and
benefits for underserved populations,
and Executive Order 14008 (86 FR 7619,
Feb. 1, 2021) directs Federal agencies to
develop programs, policies, and
activities to address the
disproportionate and adverse human
health, environmental, climate-related
and other cumulative impacts on
disadvantaged communities.
To identify potential environmental
burdens and susceptible populations in
the DMNFR area, a screening analysis
was conducted using the EJSCREEN 52
tool to evaluate environmental and
demographic indicators within the area,
based on available data from the Census
Bureau’s American Community Survey.
The tool outputs showing the results of
this assessment are in the docket for this
action. These results indicate that
within the DMNFR area there are census
block groups that are above the national
averages and above the 80th percentile
(in comparison to the nation as a whole)
for the numbers of persons experiencing
low income and people of color. These
populations may be vulnerable and
subject to disproportionate impacts
within the meaning of the executive
orders described above. Further, as the
EJSCREEN analysis is a screening-level
assessment and not an in-depth review,
it is possible that there are other
52 EJSCREEN is an environmental justice mapping
and screening tool that provides the EPA with a
nationally consistent dataset and approach for
combining environmental and demographic
indicators; available at https://www.epa.gov/
ejscreen/what-ejscreen.
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74065
vulnerable groups within the DMNFR
area.
As to all vulnerable groups within the
DMNFR area, as explained below we
believe that this action will be beneficial
and will tend to reduce impacts. When
the EPA establishes a new or revised
NAAQS, the CAA requires the EPA to
designate all areas of the U.S. as either
nonattainment, attainment, or
unclassifiable. If an area is designated
nonattainment for a NAAQS, the state
must develop a plan outlining how the
area will attain and maintain the
standard by reducing air pollutant
emissions. In this action we are
proposing to conditionally 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.
Approval of these rules into the SIP will
establish federally enforceable
requirements that will reduce emissions
from coatings and major source
emission points in the area. These
requirements will contribute to the
increased protection of those residing,
working, attending school, or otherwise
present in those areas, and we propose
to determine that this rule, if finalized,
will not have disproportionately high or
adverse human health or environmental
effects on communities with
environmental justice concerns.
X. 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 from 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
INFORMATION CONTACT section of this
preamble for more information).
XI. 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,
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules
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 (Public Law 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP 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. Accordingly, 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).
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,
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Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 28, 2022.
KC Becker,
Regional Administrator, Region 8.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 122 and 123
[EPA–HQ–OW–2022–0834; FRL–10123–01–
OW]
RIN 2040–AG27
NPDES Small MS4 Urbanized Area
Clarification
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to clarify its
National Pollutant Discharge
Elimination System (NPDES)
Stormwater Phase II regulations due to
recent changes made by the Census
Bureau. The changes to EPA’s
regulations would be limited to
clarifying that the designation criteria
for small municipal separate storm
sewer systems (MS4s), which have been
used since the promulgation of the
regulations in 1999, would remain the
same. These clarifications are necessary
due to the Census Bureau’s recent
decision to discontinue its practice of
publishing the location of ‘‘urbanized
areas’’ along with the 2020 Census and
future censuses. The clarification in this
proposed rulemaking would replace the
term ‘‘urbanized area’’ in the Phase II
regulations with the phrase ‘‘urban areas
with a population of at least 50,000,’’
which is the Census Bureau’s
longstanding definition of the term
urbanized areas. This change would
allow NPDES permitting authorities to
use 2020 Census and future Census data
in a manner that is consistent with
existing longstanding regulatory
practice. Because this clarification
would maintain the current scope of
which entities are regulated as small
MS4s, and is not expected to generate
opposition, EPA is also publishing the
same clarification in the Federal
Register as a direct final rule. As is
EPA’s practice for direct final rules, if
the Agency receives adverse comments
in response to either the direct final rule
or this proposed rulemaking, EPA will
publish a timely withdrawal of the
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Comments on this proposed rule
must be received on or before January 3,
2023.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–HQ–
OW–2022–0834 to https://
www.regulations.gov/. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received may be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
Public Participation section of this
document.
DATES:
[FR Doc. 2022–26291 Filed 12–1–22; 8:45 am]
SUMMARY:
direct final rule in the Federal Register
informing the public that the rule will
not take effect and will address public
comments received in any final rule
action.
FOR FURTHER INFORMATION CONTACT:
Heather Huddle, Water Permits Division
(MC4203), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington DC 20004; telephone
number: (202) 564–7932; email address:
huddle.heather@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposed rulemaking to clarify the
NPDES small MS4 urbanized area
definition is being published in tandem
with a direct final rule published in the
‘‘Rules’’ section of the Federal Register
under the same title. Both this proposed
rulemaking and the separate direct final
rule would make the same clarification
to the Phase II regulations. Both actions
are limited to clarifying that EPA will
retain the existing threshold for
automatic designation of small MS4s for
regulation under the Phase II
stormwater permitting regulations. The
threshold for automatic designation was
used following the 2000 and 2010
Censuses and is based on the MS4 being
in an urbanized area of 50,000 or more
people. Both this proposed rulemaking
and the direct final rule actions would
maintain the threshold for automatic
designations of small MS4s and would
ensure that the designation of new MS4s
will continue as originally required
under the Phase II regulations. EPA
explains that the Agency views this as
a noncontroversial action and
anticipates no adverse comment.
However, if EPA receives adverse
comment in response to either
publication, the Agency will publish a
timely withdrawal of the direct final
rule in the Federal Register informing
the public that the direct final rule will
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]]>Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74060-74066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26291]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2022-0857; FRL-10410-01-R8]
Air Plan Conditional Approval; Colorado; Revisions to Regulation
Number 7 and 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.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing
conditional approval of portions of State Implementation Plan (SIP)
revisions to Colorado Air Quality Control Commission (Commission or
AQCC) Regulation Number 7 (Reg. 7), which address Colorado's SIP
obligation to require reasonably available control technology (RACT)
for sources covered by the 2008 miscellaneous metal and plastic parts
coatings (miscellaneous metal coatings) control techniques guidelines
(CTG) and major source nitrogen oxides (NOX) for Moderate
nonattainment areas under the 2008 ozone National Ambient Air Quality
Standard (NAAQS). These revisions address all of the remaining pieces
of the May 31, 2017 and May 10, 2019 submittals that we have not
previously acted on. The EPA is taking this action pursuant to the
Clean Air Act (CAA).
DATES: Written comments must be received on or before January 3, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0857, 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, telephone number: (303) 312-6563, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. What action is the EPA proposing to take?
As explained below, the EPA is proposing to conditionally approve
into the SIP certain Reg. 7 rules as meeting the 2008 8-hour ozone
NAAQS miscellaneous metal coatings CTG \1\ and major source
NOX RACT requirements for the Moderate Denver Metro/North
Front Range (DMNFR) Area. The rules that are the subject of this action
were not acted on in our July 3, 2018,\2\ February 24, 2021,\3\
November 5, 2021 \4\ rulemakings. This proposed conditional approval is
based on the State's commitment to make specified further revisions to
these rules, and submit them for approval into the SIP, to address
deficiencies identified in the State's May 31, 2017 and May 10, 2019
submittals.
---------------------------------------------------------------------------
\1\ Control Techniques Guidelines for Miscellaneous Metal and
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available
at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1001JAL.txt.
\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\ Final Rule, 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,
86 FR 61071, 61072.
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Under section 110(k)(4) of the CAA, the EPA may conditionally
approve a plan based on a commitment from a state to adopt specific
enforceable measures by a date certain no later than one year from the
date of approval. The conditionally approved provisions are a part of
the SIP and thus are federally enforceable as of the effective date of
the final conditional approval. If the EPA conditionally approves the
identified Reg. 7 rules, the State must meet its commitment to submit
the necessary SIP revisions to the EPA by June 30,
[[Page 74061]]
2023. If the State fails to do so, this action will automatically
become a disapproval on that date. If the State submits timely SIP
revisions but the EPA finds the SIP submittal to be incomplete, this
action will become a disapproval on the date of the EPA's
incompleteness finding. In either case, the EPA will notify the State
by letter that the conditional approval has converted to a disapproval,
and as of the date of that notification the conditionally approved
measures will no longer be a part of the approved Colorado SIP. The EPA
subsequently will publish a document in the Federal Register notifying
the public that the conditional approval converted to a disapproval.
If the State submits the necessary SIP revisions by June 30, 2023,
the conditionally approved provisions will remain a part of the SIP
until the EPA approves or disapproves the new SIP revisions through
notice-and-comment rulemaking. If the EPA takes final action approving
the new revisions into the SIP, in the same final action the EPA will
also convert the conditional approval to a full approval by making
appropriate revisions to the description of the SIP in the Code of
Federal Regulations. If the EPA disapproves the new SIP revisions, the
conditional approval will convert to a disapproval, and the
conditionally approved provisions will no longer be a part of the
approved Colorado SIP.
Any conditional approval action that converts to a disapproval will
start an 18-month clock for application of mandatory sanctions under
CAA section 179(b) and a two-year clock for the EPA to promulgate a
Federal implementation plan under CAA section 110(c)(1). The basis for
our proposed action is discussed in this proposed rulemaking. Technical
information that we are relying on, as well as the State's October 13,
2022 commitment letter, is in the docket, available at https://www.regulations.gov, Docket No. EPA-R08-OAR-2022-0857.
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.\5\ 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.\6\ 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.\7\ With that rulemaking, the DMNFR was designated
nonattainment and classified as Marginal.\8\ 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.\9\ Areas designated as
nonattainment at the Marginal classification level were required to
attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based
on 2012-2014 monitoring data.\10\
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\5\ 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).
\6\ 40 CFR 50.15(b).
\7\ Final rule, Air Quality Designations for the 2008 Ozone
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
\8\ 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.
\9\ 40 CFR part 50, appendix I.
\10\ 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.\11\ Colorado
submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver
Area's requirements under the Moderate classification.\12\ 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.\13\ On February 24, 2021, the EPA took final action
approving additional measures as addressing Colorado's RACT SIP
obligations for Moderate ozone nonattainment areas.\14\ 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.\15\ 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.\16\
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\11\ 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).
\12\ 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).
\13\ 83 FR 31068.
\14\ 86 FR 11125.
\15\ See 40 CFR 51.903.
\16\ 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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III. Summary of the State's SIP Submittals
We are proposing to take action on Colorado SIP submittals made on
two different dates:
May 31, 2017 Submittal
This submittal contains the State's Moderate ozone attainment plan
for the 2008 8-hour ozone NAAQS, including RACT requirements for 100
tons per year (tpy) major sources of VOC and/or NOX and for
sources subject to a CTG.
We have previously acted on all parts of this SIP submittal except
for the State's determination for the miscellaneous metal coatings CTG
and major source NOX RACT, as to which we are now proposing
conditional approval.
May 10, 2019 Submittal
This submittal contains amendments to Reg. 7 that establish
categorical RACT requirements for major sources of NOX in
the DMNFR Area that emit 100 tpy or more. Specifically, on July 19,
2018 the AQCC adopted RACT requirements for boilers, stationary
combustion turbines, lightweight aggregate kilns, glass melting
furnaces, and compression ignition reciprocating internal combustion
engines (collectively referred to as ``stationary combustion
equipment'') located at major sources of NOX.\17\ We have
previously acted on all parts of this SIP submittal except for
revisions to Reg. 7, Part E, Section II.A.4.d., concerning glass
melting
[[Page 74062]]
furnaces, as to which we are now proposing conditional approval.
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\17\ On June 29, 2018, the EPA provided comments on Colorado's
revised draft ozone SIPs for the DMNFR Area, including the TSD and
rules in Reg.7, Section XVI.D.4. These written comments from the EPA
included some comments applicable to the rules we are proposing to
act on in this document. The comment letters can be found within the
docket for this action on www.regulations.gov.
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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.\18\ For the May 31, 2017 submittal, the AQCC provided notice
in the Colorado Register on August 10, 2016,\19\ and held a public
hearing on the SIP revisions on November 17, 2016. The Commission
adopted the SIP revisions on November 17, 2016. The SIP revisions
became state-effective on January 14, 2017.
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\18\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2).
\19\ 39 CR 15, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016.
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For the May 10, 2019 submittal, the AQCC provided notice in the
Colorado Register on May 10, 2018,\20\ and held a public hearing on the
revisions on July 19, 2018. The Commission adopted the SIP revisions on
July 19, 2018. The SIP revisions became state-effective on September
14, 2018.
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\20\ 41 CR 9, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=05/10/2018.
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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
Section 172(c)(1) of the CAA requires that SIPs for nonattainment
areas ``provide for the implementation of all reasonably available
control measures as expeditiously as practicable (including such
reductions in emissions from existing sources in the area as may be
obtained through the adoption, at a minimum, of reasonably available
control technology).'' The EPA has defined RACT as ``[t]he 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.'' \21\ The EPA
provides guidance concerning what types of controls may constitute RACT
for a given source category by issuing CTG and Alternative Control
Techniques (ACT) documents.\22\ 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.\23\
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\21\ General Preamble for Proposed Rulemaking on Approval of
Plan Revisions for Nonattainment Areas--Supplement (on Control
Techniques Guidelines), 44 FR 53761 (Sep. 17, 1979).
\22\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques for
a list of EPA-issued CTGs and ACTs.
\23\ 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://www.regulations.gov/document/EPA-R08-OAR-2020-0114-0008.
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For a Moderate, Serious, or Severe area a major stationary source
is one that emits, or has the potential to emit, 100, 50, or 25 tpy or
more, respectively, of VOCs or NOX.\24\ Accordingly, for the
DMNFR Serious nonattainment area, a major stationary source is one that
emits, or has the potential to emit, 50 tpy or more of VOCs or
NOX. RACT can be adopted in the form of emission limitations
or ``work practice standards or other operation and maintenance
requirements,'' as appropriate.\25\
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\24\ See CAA sections 182(b), 182(c), 182(d), 182(f)(1), and
302(j).
\25\ 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.
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As part of its May 31, 2017 Moderate ozone attainment plan, the
Division conducted RACT analyses to demonstrate that the RACT
requirements for CTG and major sources in the DMNFR Area had been
fulfilled. The Division conducted these RACT analyses for VOC and
NOX by listing state regulations implementing or exceeding
RACT requirements for each CTG or non-CTG category at issue, and by
detailing the basis for concluding that these regulations fulfilled
RACT, through comparison with established RACT requirements described
in the CTG and ACT guidance documents and rules developed by other
state and local agencies. The EPA approved the majority of the State's
CTG RACT analysis on July 3, 2018.\26\
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\26\ See 83 FR 31068. A negative declaration as to RACT for
sources covered by the aerospace CTG was approved on November 5,
2021 (86 FR 61071). Colorado's RACT demonstrations for sources
covered by the industrial cleaning solvents, metal furniture
coatings (2007), and wood furniture CTGs were approved on February
24, 2021 (86 FR 11127); and the state's RACT demonstration for
sources covered by the oil and gas CTG was conditionally approved on
May 13, 2022 (87 FR 29228).
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In July 2018, the Commission adopted categorical RACT requirements
for combustion equipment at major sources under the Moderate
classification that the Commission had determined in 2016 were not
addressed by SIP RACT requirements. In November 2019, the Commission
adopted SIP requirements to include provisions that implement RACT for
certain CTG VOC source categories in the DMNFR Area. Specifically, the
Commission adopted categorical RACT requirements for industrial
cleaning solvent and metal furniture surface coating operations. The
EPA approved these revisions on February 24, 2021.\27\
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\27\ 86 FR 11127.
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The RACT submissions that we are now proposing to approve include
those that we have not previously acted on that are addressing RACT for
CTG and Moderate non-CTG VOC and NOX sources and categories.
We previously deferred action on these pieces because we determined
that Colorado's SIP revisions did not meet major source NOX
RACT for the Moderate classification or miscellaneous metal coatings
CTG RACT requirements. On October 14, 2022, Colorado submitted a letter
\28\ to the EPA committing to correct the deficiencies through
rulemaking in December 2022. The Colorado Air Pollution Control
Division (Division) has proposed revisions that are consistent with the
commitments in the letter.\29\ Based on the State's commitment to
correcting the deficiencies identified by the EPA, and recognizing the
substantial progress made toward fulfilling that commitment, we are now
proposing conditional approval of the miscellaneous metal coatings CTG
and major source NOX rules for which we previously deferred
action.
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\28\ The letter is dated October 13, 2022 and was received on
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS
Serious SIP'' email from Jessica Ferko, Planning & Policy Program
Manager, Colorado Department of Public Health and Environment (in
the docket).
\29\ See https://drive.google.com/drive/u/0/folders/1zwYGnKubclWxAcTwOCVhq6xAWlz1FppE.
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B. Evaluation of RACT for Miscellaneous Metal Coatings Sources
As part of its May 31, 2017 submittal, the Division determined that
RACT for sources covered by the miscellaneous metal coatings CTG was
met through existing Reg. 7 rules that were based on the EPA's 1978
metal coatings CTG. The Division also submitted a negative declaration
\30\ for the plastic parts coatings limits in Tables 3, 4, 8, and 9 of
the 2008 miscellaneous metal coatings CTG.\31\ The EPA's 2008
[[Page 74063]]
miscellaneous metal coatings CTG recommends expanded coatings VOC
content limits from four to fifty categories and work practices,
application methods, and recordkeeping. In response to the EPA's
concerns with Colorado's reliance on the EPA's 1978 Metal Coating CTG,
Colorado revised the metal surface coating requirements in its May 10,
2019 submittal. In a separate action, the EPA proposes to find that
Colorado's submittal for sources subject to VOC coating categories in
Tables 2 and 7 of the CTG in the DMNFR Area provides for the
implementation of RACT.\32\ Additionally, the Division now has
committed to adopting VOC content limits for motor vehicle materials
reflected in Table 6 of the CTG and associated work practices in Reg.
7, Part C, Section I.P.\33\ Finally, the Division is submitting a
negative declaration for pleasure craft surface coatings in Table 5 of
the CTG.
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\30\ States are not required to adopt RACT limits for source
categories for which no sources exist in a nonattainment area, and
can submit a negative declaration to that effect.
\31\ See p. 6-3 of the Moderate ozone attainment plan, contained
in the docket.
\32\ Docket ID. EPA-R08-OAR-2022-0632.
\33\ Colorado Commitment Letter Serious SIP--2008 Ozone NAAQS,
Michael Ogeltree, Director, Air Pollution Control Division, Colorado
Department of Public Health and Environment, Oct. 13, 2022 (in the
docket for this action).
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The Division compared requirements for miscellaneous metal parts
coatings to existing Colorado regulations, Federal rules, CTG
requirements, information and determinations in the RACT/BACT/LAER
Clearinghouse (RBLC), and other state requirements and regulations, and
certified that Reg. 7 approved rules demonstrated RACT for
Miscellaneous Metal Parts Coatings.\34\ We have reviewed Colorado's new
and revised VOC rules for the categories covered by the miscellaneous
metal coatings CTG and the demonstrations submitted by Colorado, and
have compared the emission limitations and control requirements with
those of the CTG, Federal rules, information and determinations in the
RBLC, and other state requirements and regulations.\35\ As previously
discussed, we approved the majority of the State's previous submittals
as meeting RACT requirements. This proposal is not intended to reopen
or revisit any aspect of previous final rules. Section VI includes a
detailed discussion of the rules that the EPA is proposing to take
action on here. A summary of past actions as they relate to CTG VOC
coating categories and limits is contained in Table 1 of this action.
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\34\ See p. 6-4 and Appendix 6-B on p. 6-19 of Colorado's 2008
Ozone Moderate Area Attainment Plan for the DMNFR.
\35\ See the May 2021 EPA TSD included in the docket for this
action.
\36\ Docket ID. EPA-R08-OAR-2022-0632.
\37\ Id.
Table 1--CTG Coating Categories and EPA Actions
------------------------------------------------------------------------
Colorado submittal
CTG coating categories date EPA action
------------------------------------------------------------------------
Table 2. Metal Parts and May 10, 2019...... Proposed Approval
Products VOC Content Limits. Anticipated
2022.\36\
Table 3. Plastic Parts and May 31, 2017 Approved 83 FR
Products VOC Content Limits. (Negative 31068.
declaration).
Table 4. Automotive/ May 31, 2017 Approved 83 FR
Transportation and Business (Negative 31068.
Machine Plastic Parts VOC declaration).
Content Limits.
Table 5. Pleasure Craft Surface Anticipated by Conditional
Coating VOC Content Limits. June 30, 2023 Approval.
(Negative
declaration).
Table 6. Motor Vehicle Materials Anticipated by Conditional
VOC Content Limits. June 30, 2023. Approval.
Table 7. Metal Parts and May 10, 2019...... Proposed Approval
Products VOC Emission Rate Anticipated
Limits. 2022.\37\
Table 8. Plastic Parts and May 31, 2017 Approved 83 FR
Products VOC Emission Rate (Negative 31068.
Limits. declaration).
Table 9. Automotive/ May 31, 2017 Approved 83 FR
Transportation and Business (Negative 31068.
Machine Plastic Parts VOC declaration).
Emission Rate Limits.
------------------------------------------------------------------------
C. Evaluation of RACT for Glass Melting Furnaces and Major Sources of
NOX
In preparing its RACT determinations, Colorado reviewed source
permits, consulted with Division permitting and enforcement staff
involved with each source, and consulted with the sources
themselves.\38\ Colorado also considered control strategies identified
in the CTGs, ACTs, RBLC, EPA's Menu of Control Measures, New Source
Performance Standards (NSPS), emission guidelines, National Emission
Standards for Hazardous Air Pollutants (NESHAP), and in Colorado's
regulations.\39\ On May 10, 2019, Colorado submitted RACT rules in Reg.
7 for glass melting furnaces located at major sources of NOX
and VOCs (100 tpy or greater). Based on the EPA's concerns that the
rules provided for an exemption from the NOX emission limit
of 1.2 lbs/ton of glass pulled during periods when production fell
below 35% maximum designed production,\40\ the Division has proposed
revised rules that remove this exemption so that the NOX
limit applies during all periods of operation, including abnormally low
production, except during the initial startup of a new furnace or an
existing furnace after a cold rebuild. During these events, which occur
approximately every 10-20 years, natural gas fuel consumption of
portable burners used to heat the main furnace(s) is limited and must
be recorded and counted toward the existing annual limit for furnaces.
Additionally, NOX emissions from the portable burners will
count toward the existing annual ton per year NOX limit for
the furnace. Once heating is switched over to the main furnace,
NOX emissions must be monitored via a continuous emissions
monitoring system/continuous emissions rate monitoring system (CEMS/
CERMS). Production data will be used to calculate the 30-day rolling
average and ensure compliance with the 1.2 lbs NOX/ton of
glass pulled limit. We therefore propose to find that the combination
of emission limits in the revised provisions apply continuously during
all modes of operation in line with CAA section 302(k).
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\38\ See Colorado's Technical Support Document for Reasonably
Available Control Technology for Boilers, Turbines, Engines and
Aggregate Kilns at Major NOX Sources in the DMNFR
Nonattainment Area, July 2018. Available within the docket for this
action.
\39\ See id.
\40\ See the EPA's June 29, 2018 comments on Colorado's revised
draft ozone SIPs for the DMNFR Area, in the docket for this action.
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We have reviewed Colorado's new rules for glass melting furnaces
located at major sources of VOC and NOX and the
demonstrations submitted by
[[Page 74064]]
Colorado,\41\ and have compared the emission limitations and control
requirements with those of Federal rules, consent decrees, information
and determinations in the RBLC, and other state requirements and
regulations.\42\ As previously discussed, we approved the majority of
the State's previous submittals as meeting RACT requirements.\43\ We
also anticipate proposing approval of additional major source RACT
requirements in 2022.\44\ This proposal is not intended to reopen or
revisit any aspect of previously approved rules. Section VI includes a
detailed discussion of the rules that the EPA is proposing to take
action on here.
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\41\ See Colorado's Technical Support Document for Reasonably
Available Control Technology for Boilers, Turbines, Engines and
Aggregate Kilns at Major NOX Sources in the DMNFR
Nonattainment Area, July 2018. See also Colorado's Technical Support
Document for Reasonably Available Control Technology for Major
Sources Supporting the Denver Metro/North Front Range State
Implementation Plan for the 2008 and 2015 8-Hour Ozone National
Ambient Air Quality Standards, October 31, 2022. Available within
the docket for this action.
\42\ See the EPA TSD included in the docket for this action.
\43\ 86 FR 11125 (Feb. 24, 2021).
\44\ See docket ID. EPA-R08-OAR-2022-0632.
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D. Proposed RACT Determination for Miscellaneous Metal Coatings CTG and
Glass Melting Furnaces at Major Sources of NOX
Based on our review, and as supported by the State's commitment to
develop and submit additional VOC coating content limits and associated
work practices, definitions, recordkeeping, and recording requirements
for miscellaneous metals coatings and NOX emission limits
for glass melting furnaces at major sources, we propose to
conditionally approve the rules included in the State's commitment
letter as meeting RACT requirements and providing for the lowest
emission limitation through application of control techniques that are
reasonably available considering technological and economic
feasibility. Therefore, we propose to conditionally approve the rules
noted above as satisfying CAA RACT requirements for the miscellaneous
metal coatings CTG sources and glass melting furnaces in the DMNFR
Area.\45\ For more information, see the Technical Support Document
(TSD) for this action.
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\45\ See https://www.epa.gov/ground-level-ozone-pollution/ract-information.
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VI. The EPA's Evaluation of SIP Control Measures in the October 13,
2022 Commitment Letter
Reg. 7, Part C, Section I.P., Miscellaneous Metal Coatings
Section I of Part C contains rules for surface coating operations.
The revised Section I.P., Motor Vehicle Materials, applies to
automotive coating facilities where the total actual VOC emissions from
coatings, including cleaning activities, at the facility are greater
than or equal to 2.7 tons per 12-month rolling period, before
consideration of controls.
Section I.P.2. adds new definitions associated with the
requirements in I.P. Section I.P.4. includes new control requirements
for automotive coating facilities including reducing VOC emissions with
an emission control system having a control efficiency of 90% or
greater or complying with the VOC content limits established in Tables
3 of Section I.P. Owners and operators must use and follow application
methods and work practice standards in Sections I.P.5 and 6 to reduce
VOC emissions. These include the use of high-volume low-pressure spray,
roller coat, and airless spray; storing all VOC-containing coatings,
thinners, coating-related waste materials, cleaning materials, and used
shop towels in closed containers; and minimizing VOC emissions from
cleaning of application, storage, mixing, and conveying equipment by
cleaning equipment without atomizing the cleaning solvent and capturing
spent solvent in closed containers. Section I.P.7. contains
recordkeeping requirements to demonstrate compliance with Section I.P.
Records must be maintained for a minimum of five years and made
available to the Division upon request.
A detailed review of Section I.P. is in the TSD for this action. We
propose to find that the provisions in Section I.P. are consistent with
CAA requirements, represent RACT for the emission limits in Table 6
``Motor Vehicle Materials VOC Content Limits'' of the 2008
Miscellaneous Metal Parts and Products CTG, and that they strengthen
the SIP. We therefore propose to conditionally approve the revisions in
Part C, Section I.P.
Reg. 7, Part E, Section II.A.4.d. Glass Melting Furnaces
Section II of Part E contains rules for the control of emissions
from stationary and portable combustion equipment in the DMNFR Area.
The Commission revised this section of Reg. 7 to include provisions in
the SIP that require the implementation of RACT for glass melting
furnaces at major sources of NOX emissions in Section
II.A.4.d. Affected sources must comply with a limit of 1.2 pounds of
NOX per ton of glass pulled on a 30-production-day rolling
average. For periods when no glass is pulled, NOX mass
emissions must be calculated and included in the annual mass emissions
totals for the furnace. Section II.A.4.d.(ii)(A) limits portable burner
fuel use to 8 million standard cubic feet of natural gas during the
initial heating phase following an original construction or refractory
brick replacement or repair project. NOX emissions from the
use of portable burners must be calculated using the process described
in Section II.A.4.d.(ii)(A). SIP-approved Section II.A.5.c.(i)(A) \46\
requires continuous emission monitoring to monitor compliance with the
applicable emission limit. Records and reporting requirements to
demonstrate compliance with Section II.A.4.d. controls are included in
SIP-approved Sections II.A.7 and 8.\47\
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\46\ See https://www.epa.gov/system/files/documents/2021-09/co-table-c.pdf#reg7_parte.
\47\ Id.
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A detailed evaluation of Section II is in the TSD for this action.
We propose to find that the provisions in Section II are consistent
with CAA and RACT requirements, and that they strengthen the SIP. We
therefore propose to approve the revisions in Part E, Section II.
The revisions described in this section \48\ will strengthen the
SIP, and (once the State has submitted the revised regulations
described in its commitment letter) will meet CAA and RACT
requirements. We therefore propose to conditionally approve these
revisions into the SIP.
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\48\ With the exception of revisions described in the State's
commitment letter, which have not been submitted as SIP revisions
yet. As previously noted, those revisions will be evaluated in a
separate rulemaking after the state submits them to the EPA.
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VII. Proposed Action
For the reasons expressed above, the EPA proposes to conditionally
approve revisions to Reg. 7, Part C, Section I.P. and Reg. 7, Part E,
Section II.A.4. Additionally, the EPA is proposing to conditionally
approve Colorado's determination that the Reg. 7 revisions satisfy RACT
requirements for the Colorado ozone SIP for the 2008 miscellaneous
metal coatings CTG and major source NOX RACT for the 2008 8-
hour Moderate ozone area. Under section 110(k)(4) of the Act, the EPA
may approve a SIP revision based on a commitment by a state to adopt
specific enforceable measures by a date certain,
[[Page 74065]]
but not later than one year after the date of approval of the plan
revision. On October 14, 2022, Colorado submitted a letter committing
to adopt and submit specific revisions by June 30, 2023.\49\
Specifically, the State has committed to add additional VOC coating
content limits and associated work practices, definitions,
recordkeeping, and recording requirements for motor vehicle materials,
submit a negative declaration for pleasure craft surface coatings, and
add NOX emission limits for glass melting furnaces at major
sources. If we finalize our proposed conditional approval, Colorado
must adopt and submit the specific revisions it has committed to by
June 30, 2023 in order for the conditional approval to convert to full
approval. We note that the Division has proposed to adopt the revisions
as outlined in the commitment letter at the December 2022 AQCC hearing,
and we anticipate that the State will meet its deadline to submit these
measures as SIP revisions. However, if Colorado does not comply with
its commitment by June 30, 2023, if we find Colorado's SIP submission
provided to fulfill the commitment to be incomplete, or if we
disapprove the SIP submission, this conditional approval will convert
to a disapproval. If any of these occur and our conditional approval
converts to a disapproval, that will constitute a disapproval of a
required plan element under part D of title I of the Act, which will
start an 18-month clock for sanctions \50\ and the two-year clock for a
Federal implementation plan.\51\
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\49\ Although CAA section 110(k)(4) allows the EPA to make a
conditional approval based on a commitment to act within one year of
the final conditional approval, Colorado has committed to act on a
much more accelerated schedule.
\50\ See CAA section 179(a)(2).
\51\ See CAA section 110(c)(1)(B).
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VIII. Consideration of Section 110(l) of the CAA
Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state shall be adopted by the state
after reasonable notice and public hearing.
The Colorado SIP revisions that the EPA is proposing to
conditionally approve do not interfere with any applicable requirements
of the Act. The Reg. 7 revisions are intended to strengthen the SIP and
to serve as RACT for certain sources for the Colorado ozone SIP. We
anticipate the submittal to show that the revisions were adopted after
reasonable public notices and hearings because the revisions are
currently in the public comment phase. Therefore, CAA section 110(l)
requirements are satisfied.
IX. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 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.
Additionally, Executive Order 13985 (86 FR 7009, Jan. 25, 2021) directs
Federal agencies to assess whether and to what extent their programs
and policies perpetuate systemic barriers to opportunities and benefits
for underserved populations, and Executive Order 14008 (86 FR 7619,
Feb. 1, 2021) directs Federal agencies to develop programs, policies,
and activities to address the disproportionate and adverse human
health, environmental, climate-related and other cumulative impacts on
disadvantaged communities.
To identify potential environmental burdens and susceptible
populations in the DMNFR area, a screening analysis was conducted using
the EJSCREEN \52\ tool to evaluate environmental and demographic
indicators within the area, based on available data from the Census
Bureau's American Community Survey. The tool outputs showing the
results of this assessment are in the docket for this action. These
results indicate that within the DMNFR area there are census block
groups that are above the national averages and above the 80th
percentile (in comparison to the nation as a whole) for the numbers of
persons experiencing low income and people of color. These populations
may be vulnerable and subject to disproportionate impacts within the
meaning of the executive orders described above. Further, as the
EJSCREEN analysis is a screening-level assessment and not an in-depth
review, it is possible that there are other vulnerable groups within
the DMNFR area.
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\52\ EJSCREEN is an environmental justice mapping and screening
tool that provides the EPA with a nationally consistent dataset and
approach for combining environmental and demographic indicators;
available at https://www.epa.gov/ejscreen/what-ejscreen.
_____________________________________-
As to all vulnerable groups within the DMNFR area, as explained
below we believe that this action will be beneficial and will tend to
reduce impacts. When the EPA establishes a new or revised NAAQS, the
CAA requires the EPA to designate all areas of the U.S. as either
nonattainment, attainment, or unclassifiable. If an area is designated
nonattainment for a NAAQS, the state must develop a plan outlining how
the area will attain and maintain the standard by reducing air
pollutant emissions. In this action we are proposing to conditionally
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. Approval of these rules into the SIP will establish
federally enforceable requirements that will reduce emissions from
coatings and major source emission points in the area. These
requirements will contribute to the increased protection of those
residing, working, attending school, or otherwise present in those
areas, and we propose to determine that this rule, if finalized, will
not have disproportionately high or adverse human health or
environmental effects on communities with environmental justice
concerns.
X. 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 from
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 INFORMATION
CONTACT section of this preamble for more information).
XI. 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,
[[Page 74066]]
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 (Public Law 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP 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. Accordingly, 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).
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: November 28, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-26291 Filed 12-1-22; 8:45 am]
BILLING CODE 6560-50-P
