Proposed Rule2021-12875
Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
Primary source
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Published
June 22, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of State Implementation Plan (SIP) revisions submitted by the State of Colorado on May 14, 2018, May 8, 2019, and May 13, 2020. The revisions are to Colorado Air Quality Control Commission (Commission or AQCC) Regulation Number 7 (Reg. 7). The revisions to Reg. 7 address Colorado's SIP obligation to require reasonably available control technology (RACT) for sources covered by the 2016 oil & natural gas control techniques guidelines (CTG or CTGs) for Moderate nonattainment areas under the 2008 ozone National Ambient Air Quality Standard (NAAQS); update RACT requirements for major sources of volatile organic compounds (VOC) and nitrogen oxides (NO<INF>x</INF>); reorganize the regulation; add incorporation by reference dates to rules and reference methods; and make typographical, grammatical, and formatting corrections. Also, the EPA is proposing to finalize approval of the State's negative declaration that there are no sources in the Denver Metro/North Front Range (DMNFR) Area subject to the aerospace CTG, which was conditionally approved in our February 24, 2021 rulemaking. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)</title>
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[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Proposed Rules]
[Pages 32656-32669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0262; FRL-10025-02-Region 8]
Approval and Promulgation of Implementation Plans; Colorado;
Revisions to Regulation Number 7; Aerospace, Oil and Gas, and Other
RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of State Implementation Plan (SIP) revisions submitted by the
State of Colorado on May 14, 2018, May 8, 2019, and May 13, 2020. The
revisions are to Colorado Air Quality Control Commission (Commission or
AQCC) Regulation Number 7 (Reg. 7). The revisions to Reg. 7 address
Colorado's SIP obligation to require reasonably available control
technology (RACT) for sources covered by the 2016 oil & natural gas
control techniques guidelines (CTG or CTGs) for Moderate nonattainment
areas under the 2008 ozone National Ambient Air Quality Standard
(NAAQS); update RACT requirements for major sources of volatile organic
compounds (VOC) and nitrogen oxides (NO<INF>x</INF>); reorganize the
regulation; add incorporation by reference dates to rules and reference
[[Page 32657]]
methods; and make typographical, grammatical, and formatting
corrections. Also, the EPA is proposing to finalize approval of the
State's negative declaration that there are no sources in the Denver
Metro/North Front Range (DMNFR) Area subject to the aerospace CTG,
which was conditionally approved in our February 24, 2021 rulemaking.
The EPA is taking this action pursuant to the Clean Air Act (CAA).
DATES: Written comments must be received on or before July 22, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0262, to the Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://www.regulations.gov">www.regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the
<a href="http://www.regulations.gov">www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a>. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6563, <a href="/cdn-cgi/l/email-protection#f294879e869d9cdc9390908bb2978293dc959d84"><span class="__cf_email__" data-cfemail="d0b6a5bca4bfbefeb1b2b2a990b5a0b1feb7bfa6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. What action is the EPA taking?
As explained below, the EPA is proposing to approve various
revisions to the Colorado SIP that were submitted to the EPA on May 14,
2018, May 8, 2019, May 13, 2020, and March 22, 2021. In particular, we
propose to approve certain Reg. 7 rules to meet the 2008 8-hour ozone
NAAQS oil and gas CTG RACT requirements for Moderate nonattainment
areas that were not acted on in our July 3, 2018 \1\ and February 24,
2021 \2\ rulemakings. We are also proposing to approve certain area
source rules as meeting the 2008 8-hour ozone NAAQS RACT requirements
for Serious nonattainment areas. Additionally, we are proposing to
finalize approval of the State's negative declaration that there are no
sources in the DMNFR Area subject to the aerospace CTG, which was
conditionally approved in our February 24, 2021 \3\ rulemaking.
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\1\ Final Rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of Related Revisions, 83 FR
31068, 31069-31072.
\2\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126 -11127.
\3\ 86 FR 11125.
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The specific bases for our proposed actions, our analyses, and
proposed findings are discussed in this proposed rulemaking. Technical
information that we are relying on is in the docket, available at
<a href="http://www.regulations.gov">http://www.regulations.gov</a>, Docket No. EPA-R08-OAR-2021-0262.
II. Background
2008 8-Hour Ozone NAAQS Nonattainment
On March 12, 2008, the EPA revised both the primary and secondary
NAAQS for ozone to a level of 0.075 parts per million (ppm) (based on
the annual fourth-highest daily maximum 8-hour average concentration,
averaged over 3 years), to provide increased protection of public
health and the environment.\4\ The 2008 ozone NAAQS retains the same
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but
is set at a more protective level. Specifically, the 2008 8-hour ozone
NAAQS is attained when the 3-year average of the annual fourth-highest
daily maximum 8-hour average ambient air quality ozone concentrations
is less than or equal to 0.075 ppm.\5\
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\4\ Final rule, National Ambient Air Quality Standards for
Ozone, 73 FR 16436 (March 27, 2008). The EPA has since further
strengthened the ozone NAAQS, but the 2008 8-hour standard remains
in effect. See Final Rule, National Ambient Air Quality Standards
for Ozone, 80 FR 65292 (Oct. 26, 2015).
\5\ 40 CFR 50.15(b).
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Effective July 20, 2012, the EPA designated as nonattainment any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data.\6\ With that
rulemaking, the Denver-Boulder-Greeley-Ft. Collins-Loveland, Colorado
area (Denver or DMNFR Area) area was designated nonattainment and
classified as Marginal.\7\ Ozone nonattainment areas are classified
based on the severity of their ozone levels, as determined using the
area's design value. The design value is the 3-year average of the
annual fourth highest daily maximum 8-hour average ozone concentration
at a monitoring site.\8\ Areas that were designated as Marginal
nonattainment were required to attain the 2008 8-hour ozone NAAQS no
later than July 20, 2015, based on 2012-2014 monitoring data.\9\
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\6\ Final rule, Air Quality Designations for the 2008 Ozone
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
\7\ Id. at 30110. The nonattainment area includes Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson
Counties, and portions of Larimer and Weld Counties. See 40 CFR
81.306.
\8\ 40 CFR part 50, appendix I.
\9\ See 40 CFR 51.903.
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On May 4, 2016, the EPA published its determination that the Denver
Area, among other areas, had failed to attain the 2008 8-hour ozone
NAAQS by the attainment deadline, and that it was accordingly
reclassified to Moderate ozone nonattainment status.\10\ Colorado
submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver
Area's requirements under the Moderate classification.\11\ The EPA took
final action on July 3, 2018, approving the majority of the May 31,
2017 submittal, but deferring action on portions of the submitted Reg.
7 RACT rules.\12\ On February 24, 2021, the EPA took final action
approving additional RACT SIP
[[Page 32658]]
obligations for Moderate ozone nonattainment areas.\13\
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\10\ Final rule, Determinations of Attainment by the Attainment
Date, Extensions of the Attainment Date, and Reclassification of
Several Areas for the 2008 Ozone National Ambient Air Quality
Standards, 81 FR 26697 (May 4, 2016).
\11\ CAA section 182, 42 U.S.C. 7511a, outlines SIP requirements
applicable to ozone nonattainment areas in each classification
category. Areas classified Moderate under the 2008 8-hour ozone
NAAQS had a submission deadline of January 1, 2017 for these SIP
revisions. 81 FR at 26699.
\12\ 83 FR at 31068.
\13\ 86 FR 11125.
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Areas that were designated as Moderate nonattainment were required
to attain the 2008 8-hour ozone NAAQS no later than July 20, 2018,
based on 2015-2017 monitoring data.\14\ On December 26, 2019, the EPA
published its determination that the Denver Area, among other areas,
had failed to attain the 2008 8-hour ozone NAAQS by the attainment
deadline, and that it was accordingly reclassified to Serious ozone
nonattainment status.\15\
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\14\ See 40 CFR 51.903.
\15\ Final rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 70897 (Dec. 26, 2019); see 40 CFR
81.306.
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SIP Control Measures, Reg. 7
Colorado's Reg. 7, entitled ``Control of Ozone via Ozone Precursors
and Control of Hydrocarbons via Oil and Gas Emissions,'' contains
general RACT requirements as well as specific emission limits
applicable to various industries. The EPA approved the repeal and re-
promulgation of Reg. 7 in 1981,\16\ and has approved various revisions
to parts of Reg. 7 over the years. In 2008, the EPA approved revisions
to the control requirements for condensate storage tanks in Section
XII,\17\ and later approved revisions to Reg. 7, Sections I through XI
and Sections XIII through XVI.\18\ The EPA also approved Reg. 7
revisions to Section XVII.E.3.a establishing control requirements for
rich-burn reciprocating internal combustion engines.\19\ In 2018 the
EPA approved Reg. 7 revisions in Sections XII (VOC emissions from oil
and gas operations) and XIII (emission control requirements for VOC
emissions from graphic art and printing processes), as well as non-
substantive revisions to numerous other parts of the regulation.\20\
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\16\ Final rule, Colorado: Approval and Promulgation of State
Implementation Plans, 46 FR 16687 (March 13, 1981).
\17\ Final rule, Approval and Promulgation of Air Quality
Implementation Plans; State of Colorado; Regulation No. 7, Section
XII, Volatile Organic Compounds From Oil and Gas Operations, 73 FR
8194 (Feb. 13, 2008).
\18\ Final rule, Approval and Promulgation of State
Implementation Plans; State of Colorado; Attainment Demonstration
for the 1997 8-Hour Ozone Standard, and Approval of Related
Revisions, 76 FR 47443 (Aug. 5, 2011).
\19\ Final rule, Approval and Promulgation of Implementation
Plans; State of Colorado; Regional Haze State Implementation Plan,
77 FR 76871 (Dec. 31, 2012).
\20\ See 83 FR at 31068, 31071.
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Most recently, in 2021 the EPA approved Reg. 7 revisions in
Sections I (Applicability), IX (Surface Coating Operations), X (Use of
Cleaning Solvents), XIII (Graphics Arts and Printing), XVI (Controls of
Emissions from Stationary and Portable Engines and Other Combustion
Equipment in the 8-Hour Ozone Control Area), and XIX (Control of
Emissions from Specific Major Sources of VOC and/or NO<INF>X</INF> in
the 8-hour Ozone Control Area). Revisions to incorporation by reference
dates to rules and reference methods in Sections II, VI, VIII, IX, X,
XII, XIII, XVI and XVII were also approved, as well as non-substantive
revisions to numerous other parts of the regulation.\21\
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\21\ 86 FR 11125 (Feb. 24, 2021).
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III. Summary of the State's SIP Submittals
We are proposing to take action on Colorado SIP submittals made on
four three different dates:
May 14, 2018 Submittal
This submittal contains amendments to Reg. 7 Sections XII (Volatile
Organic Compound Emissions from Oil and Gas Operations) and XVIII
(Natural Gas-Actuated Pneumatic Controllers Associated with Oil and Gas
Operations) to meet RACT for oil and gas sources covered by the EPA's
2016 Oil and Gas CTG.\22\
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\22\ Control Techniques Guidelines for the Oil and Natural Gas
Industry, EPA-453/B-16-001 (Oct. 2016).
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May 8, 2019 Submittal
This submittal contains typographical, grammatical, and formatting
corrections to Reg. 7 Sections XII and XVIII that were not acted on in
our February 24, 2021 action.\23\
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\23\ 86 FR 11125.
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May 13, 2020 Submittal
This submittal includes a full reorganization of Reg. 7 into Parts
A-E, and amends oil and gas storage tank requirements to establish a
storage tank control threshold, updates storage tank monitoring
requirements, and aligns related recordkeeping and reporting. The
submittal also updates RACT requirements for major sources of VOC and
NO<INF>X</INF> in the DMNFR area, including expanded categorical
combustion equipment requirements in Part E, Section II (formally
Section XVI.D.) and new categorical general solvent use requirements in
Part C, Section II (formerly Section X.). The submittal also includes
updates to the requirements for gasoline transport truck testing and
vapor control systems, and contains typographical, grammatical, and
formatting corrections throughout.
IV. Procedural Requirements
The CAA requires that states meet certain procedural requirements
before submitting SIP revisions to the EPA, including the requirement
that states adopt SIP revisions after reasonable notice and public
hearing.\24\
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\24\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2),
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For the May 14, 2018 submittal, the AQCC provided notice in the
Colorado Register on July 22, 2017 and held public hearings on the
revisions on October 19 and 20, 2017. The Commission adopted the SIP
revisions on November 17, 2017. The SIP revisions became state-
effective on December 30, 2017.
For the May 8, 2019 submittal, the AQCC provided notice in the
Colorado Register on August 18, 2018 and held a public hearing on the
revisions on November 15, 2018. The Commission adopted the SIP
revisions on November 15, 2018. The revisions became state-effective on
January 14, 2019.
For the May 13, 2020 submittal, the AQCC provided notice in the
Colorado Register on September 25, 2019 and held public hearings on the
revisions on December 17-19, 2019. The Commission adopted the SIP
revisions on December 19, 2019. The SIP revisions became state-
effective on February 14, 2020.
Accordingly, we propose to find that Colorado met the CAA's
procedural requirements for reasonable notice and public hearing.
V. Reasonably Available Control Technology (RACT) Analysis
A. Background
The CAA requires that SIPs for nonattainment areas implement RACT
for each category of VOC sources in the area covered by a CTG and all
other major stationary sources of VOC.\25\ The EPA has defined RACT as
the lowest emissions limitation that a particular source is capable of
meeting by the application of control technology that is reasonably
available, considering technological and economic feasibility.\26\ The
CAA amendments of 1990 introduced the requirement for existing major
stationary sources of NO<INF>X</INF> in nonattainment areas to install
and operate NO<INF>X</INF> RACT.\27\
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\25\ CAA section 182(b)(2).
\26\ Proposed rule, General Preamble for Proposed Rulemaking on
Approval of Plan Revisions for Nonattainment Areas--Supplement (on
Control Techniques Guidelines), 44 FR 53761, 53762 (Sep. 17, 1979).
\27\ CAA Section 182(f).
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The EPA provides guidance concerning what types of controls can
constitute RACT for a given source
[[Page 32659]]
category by issuing CTG and Alternative Control Techniques (ACT)
documents.\28\ States must submit a SIP revision requiring the
implementation of RACT for each source category in the area for which
the EPA has issued a CTG, and for any major source in the area not
covered by a CTG.\29\
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\28\ See <a href="https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques">https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques</a>
(accessed May 20, 2021) for a list of the EPA-issued CTGs and ACTs
(also available within the docket).
\29\ See CAA section 182(b)(2), 42 U.S.C. 7511a(b)(2)). See also
Note, RACT Qs & As--Reasonably Available Control Technology (RACT):
Questions and Answers, William Harnett, Director, Air Quality Policy
Division, EPA (May 2006), available at <a href="https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20060518_harnett_ract_q&a.pdf">https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20060518_harnett_ract_q&a.pdf</a>.
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For a Serious nonattainment area, a major stationary source is one
that emits, or has the potential to emit, 50 tons per year (tpy) or
more of VOC or NO<INF>X</INF>.\30\ RACT can be adopted in the form of
emission limitations or ``work practice standards or other operation
and maintenance requirements,'' as appropriate.\31\ In assessing RACT
requirements under the Serious classification, the Colorado Air
Pollution Control Division (Division) evaluated 31 major sources in
their Technical Support Document (TSD),\32\ in addition to the major
sources evaluated under the Moderate classification.
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\30\ See CAA sections 182(c), 42 U.S.C. 7511a(c).
\31\ See Memorandum, ``Approval Options for Generic RACT Rules
Submitted to Meet the non-CTG VOC RACT Requirement and Certain
NO<INF>X</INF> RACT Requirements,'' Sally Shaver, Director, Air
Quality Strategies & Standards Division, EPA (Nov. 7, 1996),
available at <a href="https://www.epa.gov/sites/production/files/2016-08/documents/shavermemogenericract_7nov1996.pdf">https://www.epa.gov/sites/production/files/2016-08/documents/shavermemogenericract_7nov1996.pdf</a>.
\32\ Technical Support Document for Reasonably Available Control
Technology for Major Sources, Dec. 11, 2019. P. 2134 of the May 13,
2020 submittal.
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On October 20, 2016, the EPA issued final CTGs for reducing VOC
emissions from existing oil and natural gas equipment and
processes.\33\ Under the schedule in the oil and gas CTG, revisions to
SIP RACT provisions for sources covered by the CTG were due on October
27, 2018. Sources covered by the CTG include those located in 2008
ozone NAAQS nonattainment areas classified as Moderate (or higher). The
emissions controls determined by the State to be RACT for sources
covered by the oil and gas CTG were required to be implemented as soon
as practicable, but no later than January 1, 2021.\34\ In November
2017, the Commission adopted revisions to Reg. 7 that addressed RACT
requirements for each category of sources covered by the oil and gas
CTG.
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\33\ Notice of availability, Release of Final Control Techniques
Guidelines for the Oil and Natural Gas
Industry, 81 FR 74798 (Oct. 27, 2016). See also Control
Techniques Guidelines for the Oil and Natural Gas Industry, EPA-453/
B-16-001 (Oct. 2016).
\34\ Docket ID No. EPA-HQ-OAR-2015-0216-0238.
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In December 2019, the Commission adopted new SIP requirements to
include provisions that implement RACT for some major sources of VOC
and NO<INF>X</INF> by incorporating by reference new source performance
standards (NSPS) and/or national emission standards for hazardous
pollutants (NESHAP) requirements for specific points at major sources;
requiring specific sources to provide RACT analyses to the Division for
specified facilities and/or emission points to inform future
categorical RACT rulemakings; expanding categorical combustion
equipment requirements in Part E, Section II. (formerly Section XVI.D.)
to facilities with NOx emissions greater than or equal to 50 tpy; and
establishing categorical RACT requirements for general solvent use.
B. Evaluation
As part of its May 14, 2018 and May 13, 2020 submittals, the
Division conducted RACT analyses to demonstrate that the RACT
requirements for the oil and gas CTG and certain major sources in the
DMNFR 2008 8-hour ozone NAA have been fulfilled. The Division conducted
these RACT analyses for VOC and NO<INF>X</INF> by listing the state
regulation that implements or exceeds RACT requirements for the CTG
category or non-CTG category at issue, and by detailing the basis for
concluding that these regulations fulfill RACT, through comparison with
established RACT requirements described in the CTG and ACT guidance
documents. A summary of our proposed action with respect to each RACT
category follows.
Table 1--Source Categories, Proposed Action, and Corresponding Sections of Submittals
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Category Proposed action Location of RACT demonstration
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Aerospace............................. Approval...................... Negative declaration. p. 6-3 of
Colorado's Serious State Implementation
Plan for the Denver Metro and North
Front Range Ozone Nonattainment Area.35
General solvent use at major sources.. Approval...................... pp. 619-620, 706, 2800, 2803 and
Technical Support Document for
Reasonably Available Control Technology
for Major Sources (document number 56,
p. 2134) of the May 13, 2020
submission.
Oil and gas........................... Approval...................... Technical Support Document for
Reasonably Available Control Technology
for the Oil and Gas Industry (document
set 38) of the May 14, 2018 submittal.
pp. 417-425 of the May 13, 2020
submittal.
Emissions from stationary internal Approval...................... pp. 619, 622, 724, 2800-2801, 2803 and
combustion engines and flares at Technical Support Document for
certain major sources. Reasonably Available Control Technology
for Major Sources (document number 56,
p. 2134) of the May 13, 2020
submission.
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Cited materials are in the docket for this action.
In our July 3, 2018 and February 24, 2021 rulemakings, we approved
Colorado's demonstration of RACT for certain VOC CTG sources \36\ for
the 2008 8-hour ozone standard. Today we are taking action on the RACT
demonstrations for Oil and Gas CTG categories and certain additional
non-CTG VOC and NOx sources and categories. We have reviewed Colorado's
new and revised VOC rules for the source categories covered by the Oil
and Gas CTG, and for major sources of non-CTG VOC and NOx sources for
the 2008 8-hour ozone NAAQS, and the demonstrations submitted by
Colorado. Based on this review we propose to find that these rules are
consistent with the
[[Page 32660]]
control measures, definitions, recordkeeping, and test methods in the
CTG and the CAA, and that they satisfy CAA RACT requirements for the
categories in question.\37\
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\35\ See Colorado's March 22, 2021 submittal, document set 16
(in the docket for this action).
\36\ 83 FR at 31069-31070; see Proposed Rule, Promulgation of
State Implementation Plan Revisions; Colorado; Attainment
Demonstration for the 2008 8-Hour Ozone Standard for the Denver
Metro/North Front Range Nonattainment Area, and Approval of Related
Revisions, 83 FR 14807, 14814-141815, Tables 5 and 6 (Apr. 6, 2018).
\37\ See <a href="https://www.epa.gov/ground-level-ozone-pollution/ract-information">https://www.epa.gov/ground-level-ozone-pollution/ract-information</a>.
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1. RACT for CTG Sources
Table 2 contains the CTG source category, the EPA reference
document, and the corresponding sections of Reg. 7 that fulfill the
applicable RACT requirements for the EPA-issued CTGs.\38\ Colorado's
Reg. 7 contains SIP-approved \39\ and submitted revisions (see Section
VI of this document); we propose to find that these revisions meet RACT
requirements for the source category listed in Table 2.
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\38\ See the EPA's TSD for a full analysis of Colorado's rules
as they relate to the EPA's guidelines and available technical
information.
\39\ See 76 FR at 47443 and 83 FR at 31069-31070.
\40\ P. 2134 of the May 13, 2020 submittal.
\41\ See the EPA's TSD for a full analysis of Colorado's rules
as they relate to the EPA's guidelines and available technical
information.
\42\ Colorado's major source RACT analysis can be found on pp.
1119-1120 and 1142-1149 of the May 31, 2017 submittal and the
Technical Support Document for Reasonably Available Control
Technology for Major Sources, November 17, 2016 (pp. 2990-3273 of
May 31, 2017 submittal).
Table 2--Source Category, the EPA's CTG Reference Document, and Corresponding Sections of Reg. 7 Fulfilling RACT
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Reg. 7 sections fulfilling
Source category in DMNFR area CTG reference document Date of CTG RACT
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Oil and Gas..................... Control Techniques Guidelines 2016 Sections XII, XVIII, and
for the Oil and Natural Gas revised Section D (proposed
Industry. for approval in this
action).
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We have reviewed the emission limitations and control requirements
for the above source category and compared them against the EPA's CTG
document and available technical information in CTG dockets. The EPA
has also evaluated the submitted rules and has determined that they are
consistent with the CAA, the EPA's regulations, and the EPA's policies.
For more information, see the EPA TSD prepared in conjunction with this
action. Based on the information in the record, we propose to find that
the corresponding sections in Reg. 7 provide for the lowest emission
limitation through application of control techniques that are
reasonably available considering technological and economic
feasibility. Therefore, we propose to find that the control
requirements for the oil and gas source category are RACT for all
affected sources in the DMNFR Area under the 2008 8-hour ozone NAAQS.
2. RACT for Non-CTG Major Sources
In Colorado's Technical Support Document for Reasonably Available
Control Technology for Major Sources,\40\ Colorado identified a list of
major non-CTG VOC and NO<INF>X</INF> sources in the DMNFR Area subject
to RACT requirements under a Serious classification. For major VOC and
NO<INF>X</INF> sources subject to nonattainment area RACT review,
Colorado used the construction permit thresholds established in the
State's Reg. 3 for determining which emission points to review.
Accordingly, emission points exceeding two tpy of VOC at a major VOC
source and five tpy of NO<INF>X</INF> at a major NO<INF>X</INF> source,
as reported on a source's Air Pollutant Emission Notice, and that were
not part of the Moderate RACT review, were evaluated. We have reviewed
the State's May 13, 2020 submittal and find its approach to including
these sources in the inventory acceptable. To satisfy the Serious RACT
SIP requirement to establish RACT for all existing major sources of VOC
and/or NO<INF>X</INF> in the DMNFR Area, the Commission incorporated by
reference several NSPS and NESHAP regulations. The Division also
expanded the stationary combustion equipment standards and developed
new general solvent use requirements, based on a detailed review of
available information on major NO<INF>X</INF> and VOC sources in the
DMNFR Area, an examination of the EPA RACT/Best Available Control
Technology/Lowest Achievable Emission Rate Clearinghouse for similar
emission points, and consideration of CAA section 182(b) RACT
requirements for other ozone nonattainment areas. Table 3 contains a
list of non-CTG source categories, the EPA's reference documents, and
the corresponding sections of Reg. 7 that are proposed for approval in
this action to fulfill RACT requirements (see Section VI of this
document).\41\
Table 3--Source Categories, the EPA's Reference Documents, and
Corresponding Sections of Reg. 7 Proposed for Approval To Fulfill RACT
------------------------------------------------------------------------
The EPA's reference
Source category in the DMNFR document or Reg. 7 sections
area 42 regulation (if fulfilling RACT
applicable)
------------------------------------------------------------------------
General solvent use at major .................... Part C, Section II.F
sources. (proposed for
approval in this
action).
Stationary internal NOX Emissions from Applicable
combustion engines. Stationary Internal provisions in Part
Combustion Engines E, Section II.
(EPA-453/R-93-032).
Flares...................... 40 CFR 60, Subpart Part E, Section
A, Section 60.18 III.B.2.
General Provisions,
General control
device and work
practice
requirements.
------------------------------------------------------------------------
We have reviewed the emission limitations and control requirements
for the source categories in Table 3 and compared them to the EPA's
regulations, ACT documents, available technical information, and
guidelines. The EPA has also evaluated the submitted rules \43\ and has
determined that they are consistent with the CAA, the EPA's
regulations, and the EPA's policies. For more information, see the EPA
TSD prepared in conjunction with this action. Based on the information
in the record, we propose to find that the corresponding sections in
Reg. 7
[[Page 32661]]
provide for the lowest emission limitation through application of
control techniques that are reasonably available considering
technological and economic feasibility. Therefore, we propose to find
that the control requirements for the source categories identified in
Table 3 are RACT for all affected sources in the DMNFR Area under the
2008 8-hour ozone NAAQS.
VI. The EPA's Evaluation of SIP Control Measures in Reg. 7
We evaluated Colorado's May 14, 2018, May 8, 2019, and May 13, 2020
submittals regarding revisions to the State's Reg. 7 to meet RACT
requirements for various source categories. Revisions to Reg. 7 include
expansion of categorical combustion equipment requirements;
incorporation by reference of certain NSPS and NESHAP requirements for
engines and landfill gas flares; RACT analysis requirements for
specified facilities and/or emission points; emission control
requirements for general solvent use; and updated requirements for
gasoline transport truck testing and vapor control systems. The
revisions establish RACT requirements for the oil and gas CTG category
and emission points at major sources of VOC and NO<INF>X</INF> in the
DMNFR Area. Reg. 7 revisions also add incorporation by reference dates
to rules and reference methods; reorganize and renumber the regulation;
and correct typographical, grammatical, and formatting errors. For ease
of review, Colorado submitted the full text of Reg. 7 as SIP revisions
(with the exception of provisions designated ``State Only''). The EPA
is only seeking comment on Colorado's proposed substantive changes to
the SIP-approved version of Reg. 7, which are described below. We are
not seeking comment on incorporation into the SIP of the revised
portions of the regulation that were previously approved into the SIP
and have not been substantively modified by the State as part of any of
these submittals.
As noted above, Colorado designated various parts of Reg. 7 State
Only, and in Section I.A.1.c indicated that sections designated State
Only are not federally enforceable. The EPA concludes that provisions
designated State Only have not been submitted for the EPA's approval,
but for informational purposes. Hence, the EPA is not proposing to act
on the portions of Reg. 7 designated State Only, and this proposed rule
does not discuss them further except as relevant to discussion of the
portions of the regulation that Colorado intended to be federally
enforceable.
A. Evaluation
1. May 14, 2018 SIP Submittal
The State's May 14, 2018 SIP submittal contains amendments to Reg.
7, Sections II.B., XII and XVIII to meet RACT for oil and gas sources
covered by the EPA's 2016 Oil and Gas CTG. The submittal also includes
clarifying revisions and typographical, grammatical, and formatting
corrections throughout Reg. 7. We propose to approve the revisions to
Sections XII and XVIII included in Colorado's May 14, 2018 submittal as
identified in Table 5. All remaining Sections of the May 14, 2018
submittal were approved with our February 24, 2021 action.\44\ Below,
we describe in detail Colorado's proposed revisions and the basis for
our proposed approval of them. Additional analysis on how revisions
meet RACT requirements can be found in the TSD for this action.
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\44\ 86 FR 11125 (Feb. 24, 2021).
---------------------------------------------------------------------------
a. Section II
Section II includes general provisions for Reg. 7. The revisions to
Section II.B. clarify that the Section XII.L. hydrocarbon threshold and
Section XVIII natural gas emission standards serve as VOC indicators
and that the SIP does not regulate hydrocarbon emissions.
We propose to find that the revisions clarify Sections XII.L.,
XVIII.C.1. and XVIII.C.2. and are consistent with CAA requirements and
CTGs. We therefore propose to approve the changes in Section II.B.
b. Section XII
Section XII regulates VOC emissions from, and establishes RACT for,
oil and gas operations. Section XII applies to operations that involve
the collection, storage, or handling of condensate in the DMNFR Area.
Changes to Sections XII.A. through XII.D. and XII.F. through XII.F.L.
include addition of definitions for terms used in oil and gas
operations; clarifications to Colorado's ozone season; updates to the
leak detection and repair program; new provisions for centrifugal and
reciprocating compressors, natural gas driven diaphragm pumps, and
fugitive emissions at well production facilities and natural gas
compressor stations; and minor clerical \45\ revisions that do not
affect the substance of the requirements.
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\45\ When we describe changes as clerical in this proposed
action, we are referring to changes like section renumbering;
alphabetizing of definitions; minor grammatical, editorial, and
typographical revisions; and changes in capitalization.
---------------------------------------------------------------------------
(i) Section XII.B.
Section XII.B. contains definitions specific to oil and gas
operations in Section XII. New definitions were added for ``approved
instrument monitoring method,'' ``centrifugal compressor,''
``component,'' ``connector,'' ``custody transfer,'' ``infra-red
camera,'' ``natural gas compressor station,'' ``natural gas-driven
diaphragm pump,'' ``natural gas processing plant,'' ``reciprocating
compressor,'' and ``well production facility.'' The definitions are
clear, straightforward, and accurate.
(ii) Section XII.C.1.
Section XII.C.1. includes provisions that are generally applicable
to Section XII. Section XII.C.1.e.(iv) adds a new requirement for
combustion devices installed on or after January 1, 2018 and used to
comply with Sections XII.J. or XII.K. to be equipped with an
operational auto-igniter upon installation. We propose to find that the
revisions to Section XII.C.1. meet CAA and RACT requirements, and that
they strengthen the SIP.
(iii) Section XII.G.
Section XII.G. includes requirements for natural gas-processing
plants in the 8-hour Ozone Control Area. Section XII.G.1. updates the
leak detection and repair (LDAR) program applicable to equipment leaks
at natural gas processing plants in the DMNFR Area by requiring owners
or operators to comply with 40 CFR part 60 (NSPS), Subparts OOOO or
OOOOa, instead of complying with NSPS Subpart KKK, which is an earlier
NSPS and less stringent. Subpart KKK requires sources to implement a
NSPS Subpart VV level LDAR program, while Subpart OOOO requires sources
to implement a NSPS Subpart VVa level LDAR program. The oil and gas CTG
recommends a Subpart VVa level LDAR program for equipment at natural
gas processing plants. Section XII.G.3. updates compliance dates for
owners and operators of existing natural gas processing plants subject
to Section XII.G. requirements. We propose to find that the revisions
to Section XII.G. meet CAA and RACT requirements, and that they
strengthen the SIP.
(iv) Section XII.H.
Section XII.H. sets forth emission reduction requirements for
glycol natural gas dehydrators. Section XII.H.6. establishes reporting
requirements for sources subject to Section XII.H. The Commission
revised references to ``ozone season'' in Section and XII.H.6. to
reflect that the requirements now apply year-round, including during
the
[[Page 32662]]
months of May to September.<SUP>46 47</SUP> We propose to find that the
revisions to Section XII.H. strengthen the SIP and meet CAA
requirements.
---------------------------------------------------------------------------
\46\ In October 2015, the EPA finalized a revision to the ozone
NAAQS that revised the length of Colorado's ozone season to year-
round (Final rule, National Ambient Air Quality Standards for Ozone,
80 FR 65292 (Oct. 26, 2015)).
\47\ We are also approving a similar provision in Section
XII.F.4. The provision applies to the system-wide control strategy
for condensate storage tanks. In this action, we are proposing
approval of the control strategy for individual storage tanks in new
Part D, Section I.D. which replaces the system-wide strategy
controls in Section XII.
---------------------------------------------------------------------------
(v) Section XII.J.
Section XII.J. contains new provisions for centrifugal and
reciprocating compressors. Section XII.J.1.a. requires that by January
2, 2018, VOC emissions from wet seal fluid degassing systems on wet
seal centrifugal compressors located between the wellhead and the point
of custody transfer to the natural gas transmission and storage segment
must be reduced by at least 95%. Section XII.J.1.b. requires wet seal
fluid degassing systems to be equipped with continuous, impermeable
covers that are connected through a closed vent system that routes
emissions from the wet seal fluid degassing system to the process or
control device. Section XII.J.1.c. requires annual visual inspections
of the cover and closed vent systems for defects that could result in
air emissions.
Under Section XII.J.1.d., owners or operators must conduct annual
EPA Method 21 inspections of covers and closed vent systems to
determine whether they operate with VOC emissions less than 500 ppm.
Section XII.J.1.e. requires first attempts at repair to occur no later
than five days after detecting defects or leaks, and repairs to be
completed no later than 30 days after detection. Section XII.J.1.f.
sets forth criteria for delaying inspection or repair due to unsafe
conditions and accessibility issues. Owners or operators are required
to maintain records of each cover or closed vent system that is unsafe
or difficult to inspect and schedule for inspection when circumstances
allow.
Section XII.J.1.h. includes recordkeeping requirements to
demonstrate compliance with Section XII.J.1. Owners and operators must
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, owners and operators
may inspect, repair, and document cover and closed vent systems in
accordance with the LDAR program in Section XII.L. Section XII.J.1.j.
allows owners and operators to comply with emissions, inspections,
repair, and recordkeeping provisions of an NSPS including Subparts OOOO
and OOOOa in lieu of Sections XII.J.1.a. through i.
Section XII.J.2. contains provisions for reciprocating compressors.
Section XII.J.2.a. requires that the rod packing on reciprocating
compressors located between the wellhead and the point of custody
transfer to the natural gas transmission and storage segment be
replaced every 26,000 hours of operation or every 36 months. Under
Section XII.J.2.a., owners or operators of existing reciprocating
compressors at natural gas processing plants were required to begin
monitoring the reciprocating compressor hours of operation on January
1, 2018 and conduct the first rod packing replacement before January 1,
2021, or route emissions to a process beginning May 1, 2018.
Section XII.J.2.b. allows owners or operators the option to reduce
VOC emissions by routing reciprocating compressor emissions using a rod
packing emissions collection system that operates under negative
pressure and routes the rod packing emissions through a closed vent
system to a process. Owners and operators must conduct annual visual
inspections of the cover and closed vent systems for defects that could
result in air emissions. Section XII.J.2.b.(ii) requires owners and
operators to conduct annual EPA Method 21 inspections of the cover and
closed vent system to determine whether they operate with VOC emissions
less than 500 ppm. Section XII.2.e. allows owners and operators to
comply with emissions, inspections, repair, and recordkeeping
provisions of an NSPS in lieu of Sections XII.J.2.a. through d.
First attempts at repair must be made within five days of
discovery, and repairs must be completed within 30 days unless one of
the justifications for delay of repair in Section XII.J.2.b.(iv)
applies. Owners or operators may delay subsequent repair attempts of
equipment where, during a scheduled shutdown, the owner or operator
unsuccessfully repaired the leak requiring repair if repair is
completed within two years of discovery. Delayed inspection or repairs
of the closed vent system may occur under certain safety,
accessibility, and feasibility circumstances described in Sections
XII.J.2.b.(iv)(A) through (D).
Section XII.J.2.c. includes recordkeeping requirements to
demonstrate compliance with Section XII.J.2. Owners and operators must
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, Section XII.J.2.d.
allows owners and operators to inspect, repair, and document cover and
closed vent systems in accordance with the LDAR program in Section
XII.L. Section XII.J.2.e. allows owners and operators to comply with
emissions, inspections, repair, and recordkeeping provisions of an
NSPS, including Subparts OOOO and OOOOa.
We propose to find that the provisions in the new Section XII.J.
strengthen the SIP and meet CAA and RACT requirements.
(vi) Section XII.K
Section XII.K adds requirements for pneumatic pumps. Section
XII.K.1 requires that natural gas-driven diaphragm pneumatic pumps at
natural gas processing plants have a VOC compound emissions rate of
zero. Section XII.K.2. establishes a May 1, 2018 effective date for
owners or operators to reduce emissions from natural gas-driven
diaphragm pneumatic pumps at well production facilities by 95% within
30 days of startup of the control device or route emissions to a
process at the well production facility. Pneumatic pump emissions must
be routed to the existing control device even if is unable to achieve a
95% emission reduction if it is technically infeasible to route
emissions to a process. Section XII.K.2.b. requires a 95% reduction
from pneumatic pumps within 30 days of startup upon installation of a
control device or once routing emissions to a process becomes
technically feasible. Pneumatic pump emissions are exempt from controls
if an engineering assessment by a qualified professional engineer
determines that routing a pneumatic pump to a control device or process
is technically infeasible. Pneumatic pumps routing emissions to the
process or control device must connect through a closed vent system.
Sections XII.K.2.e. through h. require annual visual and EPA Method
21 inspections of the closed vent system. First attempts at repairs
must be made within five days of discovery, and repairs must be
completed within 30 days unless one of the justifications for delay of
repair in Sections XII.K.2.h. applies. Delayed inspection or repairs of
the closed vent system may occur under certain safety, accessibility,
and feasibility circumstances described in Sections XII.K.2.h.(i)
through (iv).
Section XII.K.3. includes recordkeeping requirements to demonstrate
compliance with Section XII.K. Owners and operators must
[[Page 32663]]
maintain records for a minimum of five years. As an alternative to the
inspection, repair, and recordkeeping provisions, XII.K.4. allows
owners and operators to inspect, repair, and document cover and closed
vent systems in accordance with the LDAR program in Section XII.L.
Section XII.K.5. allows owners and operators to comply with emissions,
inspections, repair, and recordkeeping provisions of an NSPS in lieu of
Sections XII.K.1. and XII.K.4.
We propose to find that the provisions in the new Section XII.K.
strengthen the SIP and meet CAA and RACT requirements.
(vii) Section XII.L
Section XII.L. establishes a new leak detection and repair (LDAR)
program for well production facilities and natural gas compressor
stations in the DMNFR Area.
This program, which we are now reviewing for approval into the SIP,
took effect under state law beginning June 30, 2018. Under the LDAR
program, owners or operators of natural gas compressor stations must
inspect components for leaks using an approved instrument monitoring
method (AIMM) at least quarterly.\48\ As defined in new section
XII.B.3, AIMM means an infra-red camera, EPA Method 21, or another
``instrument based monitoring method or program'' that is approved in
accordance with Section XII.L.8, discussed below. Initial inspections
for leaks from components at natural gas compressor stations
constructed on or after June 30, 2018 must be conducted no later than
90 days after the facility commences operation and at least quarterly
thereafter.
---------------------------------------------------------------------------
\48\ The SIP at Reg. 7, Section XII.E.3, already required an
``audio, visual, olfactory'' (AVO) inspection required for storage
tanks subject to control requirements. That requirement remains in
effect.
---------------------------------------------------------------------------
Owners or operators at well production facilities with uncontrolled
actual VOC emissions greater than or equal to one ton per year and less
than or equal to six tons per year must inspect components for leaks
using an AIMM at least annually. Well production facilities with
uncontrolled VOC emissions greater than six tons per year must be
inspected at least semi-annually. Sections XII.L.2.c. and Section
XII.L.2.d. set forth the criteria for determining inspection frequency
and the timing of initial inspections. Initial inspections for well
production facilities constructed on or after June 30, 2018 must be
conducted no sooner than 15 days and no later than 30 days after the
facility commences operation. Monitoring components is not required
under certain safety, accessibility, and feasibility circumstances
described in Sections XII.L3.a. through c.
Section XII.L.4. establishes thresholds for leaks requiring repair
under Section XII.L.5. The first attempt to repair an identified leak
must be made within five working days of discovery and completed within
30 days unless one of the justifications for delay of repair in
Sections XII.L.5.a(i) through (iii) applies. Leaks must be re-monitored
within 15 working days of the repair.
Section XII.L.6. requires owners or operators to keep records to
demonstrate compliance with the LDAR program and to maintain those
records for a minimum of five years. Records include documentation of
the initial approved AIMM inspection; facility identification
information; leaks requiring repair and monitoring method used to
determine presence of the leak; dates of first attempt to repair; dates
and types of repairs; delayed repair lists; re-monitoring dates and
results; and lists of components designated as unsafe, difficult, or
inaccessible to monitor.
Section XII.L.7. requires that each facility's owner or operator
submit an annual LDAR report to ensure that the data submitted to the
Division accurately represents and summarizes the activities and
effectiveness of the LDAR program. Reports should include the number of
inspections, leaks requiring repair, leaking component type, and
monitoring method by which the leaks were found.
Section XII.L.8. describes the process for review and approval of
alternative AIMM for use as a part of the LDAR program. The provisions
allow the use of an alternative AIMM in lieu of or in combination with
the EPA-approved AIMM (i.e., infra-red cameras or Method 21), if
certain conditions are met under Section XII.L.8.a. and if the Division
approves the proposal.
Because the alternative AIMM regulation allows the authorization,
outside of the SIP approval process, of a leak detection method not
specified in the submitted regulatory language or elsewhere in the SIP,
we must consider whether it impermissibly allows the state agency to
revise the SIP at its own discretion. Concerns with such rules, often
known as ``director's discretion'' provisions, are discussed in detail
in EPA's 2015 final rule responding to a petition for rulemaking
concerning how SIPs treat excess emissions during periods of startup,
shutdown, or malfunction (SSM), often referred to as the ``SSM SIP
Call'' rulemaking.\49\ As explained in the SSM SIP Call, the EPA
interprets the CAA as prohibiting ``SIP provisions that include
unlimited director's discretion to alter the SIP emission limitations
applicable to source.'' \50\ But the SSM SIP Call also explains that
there are circumstances in which a director's discretion provision may
be consistent with the CAA and fully approvable, including ``when the
director's discretion authority is adequately bounded such that the EPA
can ascertain in advance, at the time of approving the SIP provision,
how the exercise of that discretion to alter the SIP emission
limitations for a source could affect compliance with other CAA
requirements.'' \51\ The EPA has long held this position. As explained
in a 1996 EPA guidance document, it may be appropriate for states to
approve equally stringent source-specific alternatives to SIP-approved
requirements, when the SIP includes language ``to provide substantive
criteria governing the State's exercise of the alternative requirement
authority.'' \52\
---------------------------------------------------------------------------
\49\ Final action, State Implementation Plans: Response to
Petition for Rulemaking; Restatement and Update of EPA's SSM Policy
Applicable to SIPs; Findings of Substantial Inadequacy; and SIP
Calls to Amend Provisions Applying to Excess Emissions During
Periods of Startup, Shutdown and Malfunction, 80 FR 33840, 33917-
33924 (June 12, 2015).
\50\ Id. at 33917.
\51\ Id. at 33918.
\52\ White Paper Number 2 for Improved Implementation of the
Part 70 Operating Permits Program (EPA OAQPS, March 5, 1996),
Attachment B (``SIP Provisions For Establishing Alternative
Requirements''), available at <a href="https://www.epa.gov/sites/production/files/2015-08/documents/wtppr-2.pdf">https://www.epa.gov/sites/production/files/2015-08/documents/wtppr-2.pdf</a>.
---------------------------------------------------------------------------
Here, the EPA's view is that the State rule provides sufficient
specific, substantive criteria to allow the EPA to evaluate the use of
discretion in advance. Most significantly, under the provisions of
Section XII.L.8, alternative AIMM must be ``capable of achieving
emission reductions that are at least as effective as the emissions
reductions achieved using an IR camera or Method 21.'' This requirement
ensures that the State may not use its discretion to approve a method
that is less effective than the SIP baseline.\53\ That is, in
implementing the alternative AIMM program according to its
requirements, which we are proposing to make a part of the SIP, the
State will be unable to weaken any SIP provisions.
---------------------------------------------------------------------------
\53\ See Final Rule, Revisions to Air Plan; Arizona; Stationary
Sources; New Source Review, 80 FR 67319, 67327 (Nov. 2, 2015)
(approving rule as appropriately bounded because state agency ``does
not have discretion to determine in which instances it will or won't
apply the criteria'' in the regulation).
---------------------------------------------------------------------------
[[Page 32664]]
It is important in reaching this conclusion that we are able to
understand the State's process for determining whether an alternative
AIMM is ``at least as effective'' as the two methods specified in the
SIP. First, under the submitted rules at Section XII.L.8.a.(ii)(C), an
alternative AIMM applicant must provide information on whether the
proposed alternative is approved by other regulatory authorities, and
for what application. This information will allow the State to assess
the reliability and viability of the alternative. In addition, under
Section XII.L.8.a.(ii)(D), the applicant must provide information, with
supporting data, on the leak detection capabilities and limitations of
the proposed alternative method. This data requirement is important to
ensuring that the potential exercise of discretion in the alternative
AIMM program is adequately bounded.
The State has further explained this process in a guidance document
provided to the EPA.\54\ As explained in this document, in evaluating
effectiveness, Colorado assumes that a certain level of emission
reductions would be achieved using either infrared camera or Method 21
AIMM, on a periodic basis with increasing emission reductions under
greater monitoring frequencies, and compares the anticipated results of
the proposed alternative AIMM to those numbers.\55\ Testing and
modeling of the alternative AIMM is required.\56\ Thus, the State's
program includes a quantitative evaluation according to specified
criteria.
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\54\ See Alternative AIMM Guidance & Procedures (CDPHE, Oct. 31,
2019) (EPA-R08-OAR-2021-0262-0003).
\55\ See Alternative AIMM Guidance at 6.
\56\ In this respect the state's guidance, provided to EPA to
assist in explaining the functioning of the state program, clarifies
one arguable ambiguity in the submitted language. Specifically, the
comma after ``data'' in XII.L.8.a.(ii)(I) leaves unclear whether the
rule requires data or modeling, or data and modeling; the state's
guidance makes clear that ``and'' is intended when it says that
modeling should not be relied on exclusively for this demonstration,
but that there should be testing as well. See also Letter from Garry
Kaufman, Director, Air Pollution Control Division (March 24, 2021)
providing clarifying information, available in the docket for this
action.
---------------------------------------------------------------------------
Additional safeguards and constraints in the alternative AIMM
process include:
<bullet> The Alternative AIMM approval has to be made based on a
record.
<bullet> The State must provide public notice of the proposed
alternative.
<bullet> Approved alternative AIMM is made available to the public
on a state website: <a href="https://cdphe.colorado.gov/alternative-aimm-public-notices">https://cdphe.colorado.gov/alternative-aimm-public-notices</a>.
One final feature of the State's alternative AIMM rule bears
mentioning. It includes a requirement that the State agency submit the
proposed alternative AIMM to the EPA for review. The alternative AIMM
must receive the EPA's approval, but this approval may occur by default
if the EPA does not disapprove the rule within six months. While this
six-month EPA review period gives an additional opportunity for
regulatory scrutiny of alternative AIMM proposals before approval, it
is not equivalent to the SIP process, and is not the basis for our
proposed approval of this action. Rather, it is because the alternative
AIMM rules provide substantive criteria that constrain the State's
exercise of discretion and allow the EPA to anticipate the impacts of
the use of alternatives. For that reason, and as explained further
above, we propose to approve the submitted new section XII.L.
A detailed evaluation of Section XII as a whole is in the TSD for
this action. We propose to find that the submitted revisions to Section
XII meet CAA and RACT requirements, and that they strengthen the SIP.
c. Section XVIII
Section XVIII regulates emissions from natural gas-actuated
pneumatic controllers located at or upstream of natural gas processing
plants, and establishes RACT requirements for oil and gas operations.
Section XVIII.C.1. requires that all pneumatic controllers installed on
or before February 1, 2009 upstream of natural gas processing plants in
the DMNFR Area must emit natural gas emissions in an amount equal to or
less than a low-bleed pneumatic controller, unless a high-bleed
pneumatic controller is required for safety or process purposes.
Section XVIII.C.2. requires that all pneumatic controllers at natural
gas processing plants have a bleed rate of zero unless a pneumatic
controller with a bleed rate greater than zero is necessary due to
safety and process. Monitoring and recordkeeping requirements are set
forth in Sections XVIII.D. and XVIII.E. and include inspection,
maintenance, and records demonstrating compliance with emission
reduction requirements in Section XVIII.C. Section XVIII.D.2.
establishes additional monitoring and maintenance for pneumatic
controllers with a natural gas bleed rate greater than zero.
A detailed evaluation of Section XVIII is in the TSD for this
action. We propose to find that the revisions to Section XVIII
strengthen the SIP and meet CAA and RACT requirements. We therefore
propose to approve the changes in Section XVIII.
2. May 8, 2019 Submittal
The State's May 8, 2019 submittal contains typographical,
grammatical, and formatting corrections to Reg. 7 Sections XII and
XVIII that were not acted on in our February 24, 2021 action.\57\ The
revisions do not change the substance of approved SIP provisions. We
therefore propose to approve the revisions in Sections XII and XVIII.
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\57\ 86 FR 11125.
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3. May 13, 2020 SIP Submittal
The State's May 13, 2020 SIP submittal contains amendments to Reg.
7, including a full reorganization of the regulation into Parts A-E.
Table 4 show the current Reg. 7 numbering as related to the proposed
Reg. 7 renumbering.
Table 4--Current and Reorganized Reg. 7 Sections
------------------------------------------------------------------------
Reorganized Reg. 7
Current Reg. 7 sections sections
------------------------------------------------------------------------
Part A
------------------------------------------------------------------------
I. Applicability............................. Part A, Section I.
II. General Provisions....................... Part A, Section II.
Appendix A. Colorado Ozone Nonattainment or Part A, Appendix A.
Attainment Maintenance Areas.
------------------------------------------------------------------------
Part B
------------------------------------------------------------------------
III. General Requirements for Storage and Part B, Section I.
Transfer of Volatile Organic Compounds.
IV. Storage of Highly Volatile Organic Part B, Section II.
Compounds.
[[Page 32665]]
V. Disposal of Volatile Organic Compounds.... Part B, Section III.
VI. Storage and Transfer of Petroleum Liquids Part B, Section IV.
VII. Crude Oil............................... Part B, Section V.
VIII. Petroleum Processing and Refining...... Part B, Section VI.
XV. Control of Volatile Organic Compound Part B, Section VII.
Leaks from Vapor Collection Systems and
Vapor Control Systems Located at Gasoline
Terminals, Gasoline Bulk Plants, and
Gasoline Dispensing Facilities.
Appendix B. Criteria for Control of Vapors Part B, Appendix B.
from Gasoline Transfer to Storage Tanks.
Appendix C. Criteria for Control of Vapors Part B, Appendix C.
from Gasoline Transfer at Bulk Plants (Vapor
Balance System).
Appendix E. Test Procedures for Annual Removed (paragraphs B and
Pressure/Vacuum Testing of Gasoline E moved into section,
Transport Tanks. and references replaced
with EPA Method 27).
------------------------------------------------------------------------
Part C
------------------------------------------------------------------------
IX. Surface Coating Operations............... Part C, Section I.
X. Use of Cleaning Solvents.................. Part C, Section II.
XI. Use of Cutback Asphalt................... Part C, Section III.
XIII. Graphic Arts and Printing.............. Part C, Section IV.
XIV. Pharmaceutical Synthesis................ Part C, Section V.
Appendix D. Minimum Cooling Capacities for Part C, Appendix D.
Refrigerated Freeboard Chillers on Vapor
Degreasers.
Appendix F. Emission Limit Conversion Part C, Appendix E.
Procedure.
------------------------------------------------------------------------
Part D
------------------------------------------------------------------------
XII. Volatile Organic Compound Emissions from Part D, Section I.
Oil and Gas Operations.
XVII. (State Only, except Section Part D, Section II.
XVII.E.3.a.,which was submitted as part of
the Regional Haze SIP) Statewide Controls
for Oil and Gas Operations and Natural Gas-
Fired Reciprocating Internal Combustion
Engines.
------------------------------------------------------------------------
Part E
------------------------------------------------------------------------
XVI.A.-C. (natural gas fired reciprocating Part E, Section I.
internal combustion engines in the 8-hour
ozone control area) and XVII.E. (new,
modified, existing, and relocated natural
gas fired reciprocating internal combustion
engines).
XVI.D. Control of Emissions from Stationary Part E, Section II.
and Portable Combustion Equipment in the 8-
Hour Ozone Control Area.
XIX. Control of Emissions from Specific Major Part E, Section III.
Sources of VOC and/or NOX in the 8-Hour
Ozone Control Area.
XX. Control of Emissions from Breweries in Part E, Section IV.
the 8-Hour Ozone Control Area.
------------------------------------------------------------------------
The State's May 13, 2020 SIP submittal also updates requirements
for gasoline transport trucks, bulk terminals, and service stations;
establishes a storage tank control threshold in lieu of the current
system-wide control strategy; strengthens storage tank monitoring
requirements; aligns related recordkeeping and reporting; and adds RACT
requirements for major sources of VOC and/or NOx in the 8- hour Ozone
Control Area. The submittal also includes clarifying revisions and
typographical, grammatical and formatting corrections throughout Reg.
7. We propose to approve the revisions to Reg. 7 included in Colorado's
May 13, 2020 submittal as identified in Table 5. Below, we describe in
detail Colorado's proposed revisions and the basis for our proposed
approval of them. Additional analysis on how revisions meet RACT
requirements can be found in the TSD for this action.
a. Part A
The revisions add a new Part A heading, encompassing Sections I and
II. Part A contains applicability and general provisions for Reg. 7.
The revisions also include renumbering and updates to Parts and
Sections referenced throughout Part A. The revisions do not change the
substance of SIP approved rules. We therefore propose approval of the
changes to Part A.
b. Part B
The revisions add a new Part B heading for Sections I, II, III, IV,
V, VI, VII (previously Reg. 7, Sections III through XV). and appendixes
B and C. Part B regulates the storage, transfer, and disposal of VOC
and petroleum liquids and petroleum processing and refining. The
revisions to Reg. 7, Part B, Sections IV and VII update the gasoline
transport truck testing and associated recordkeeping requirements and
update and clarify the vapor system requirements. Revisions also
include renumbering and updates to Parts and Sections referenced
throughout Part B.
Section IV (previously Section VI) regulates the storage and
transfer of petroleum liquid, and Section VII (previously Section XV)
regulates VOC leaks from vapor collection systems located at gasoline
terminals, gasoline bulk plans, and gasoline dispensing facilities.
Revisions to Sections IV and VII and the removal of the former Appendix
E update requirements for gasoline transport trucks, bulk terminals,
and service stations to align with current federal requirements for
gasoline transport truck testing and vapor control systems. Section
IV.A.2.j. adds a new definition for ``vapor collection system.'' The
definition is clear, straightforward, accurate, and
[[Page 32666]]
consistent with the definition in Sections IV.D.1.b.(ii) and VII.A.3.c.
Revisions made in Section IV.B.3. clarify that vapor collection systems
must be leak-tight and properly maintained and operated.
Section IV.D. regulates VOC leaks from gasoline transport trucks.
Revision to Sections IV.D.2 and IV.D.3. replace the outdated vacuum-
pressure test in the CTG for Control of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor Collection Systems \58\ with the
more current EPA Method 27.\59\ Federal standards in NSPS XX \60\,
NESHAP R \61\, NESHAP BBBBBB \62\, and NESHAP CCCCCC \63\ reference the
EPA's Method 27, Determination of Vapor Tightness of Gasoline Delivery
Tank Using Pressure Vacuum Test, in contrast to the CTG's pressure-
vacuum test. The test values in Reg. 7 Section IV.D.4 were also updated
and are based on the EPA's CTG and correspond to the EPA Method 27 test
values in NSPS XX, NESHAP R, NESHAP BBBBBB, and NESHAP CCCCCC.
Recordkeeping and certification requirements in Section IV.D.4. were
updated to correspond to the EPA's Method 27 and federal standards.
---------------------------------------------------------------------------
\58\ Control of Volatile Organic Compound Leaks from Gasoline
Tank Trucks and Vapor Collection Systems, Appendix A, EPA-450/2-78-
051. Dec. 1978.
\59\ See also 40 CFR 63.425(e).
\60\ Standards of Performance for Bulk Gasoline Terminals (40
CFR part 60, subpart XX (August 18, 1983, last revised December 19,
2003)).
\61\ National Emission Standards for Gasoline Distribution
Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations)
(40 CFR part 63 Subpart R (December 14, 1994, last revised April 6,
2006)).
\62\ National Emission Standards for Hazardous Air Pollutants
for Source Category: Gasoline Distribution Bulk Terminals, Bulk
Plants, and Pipeline Facilities (40 CFR part 63, subpart BBBBBB
(January 10, 2008, last revised January 24, 2011)).
\63\ National Emission Standards for Hazardous Air Pollutants
for Source Category: Gasoline Dispensing Facilities (40 CFR part 63,
subpart CCCCCC (January 10, 2008, last revised January 24, 2011)).
---------------------------------------------------------------------------
Under CAA section 110(l), the EPA cannot approve a SIP revision
that interferes with any requirement concerning attainment, reasonable
further progress, or any other applicable requirement of the Act. We
propose to find that the revisions to Section IV.D. comply with section
110(l) because the revisions are limited to updating the pressure
vacuum test and values to be consistent with more recent EPA
regulations for gasoline tank trucks and vapor collection systems, and
the changes do not weaken the SIP.
We propose to find that the revisions in Part B are consistent with
gasoline transport truck, terminal, and service station control and
testing requirements of current NSPS and NESHAP standards and that
approval of the submittal would comply with CAA Sections 110(l) and
193. We therefore propose to approve the revisions in Part B.
c. Part C
The revisions add a new Part C heading encompassing Sections I, II,
III, IV, V (previously Reg. 7, Sections IX-XI, XIII, XIV) and
appendixes D and E (formerly appendixes D and F). Part C regulates
surface coating, solvents, asphalt, graphic arts and printing, and
pharmaceuticals. The revisions also include renumbering and updates to
Parts and Sections referenced throughout Part C, and adds a new
categorical rule regulating VOC emissions from and establishing RACT
for general solvent use in Section II.F.
Section II.F. addresses VOC emissions from sources with a potential
to emit 50 tons per year of VOC and with solvent use emissions greater
than or equal to two tons per year in the DMNFR Area. Section II.F.3.
sets forth work practice requirements including covering containers,
proper disposal of solvent waste, and the use of good air pollution
practices such as the use of low/no VOC solvent if possible, using only
amounts needed, submerged fill pipes, closed loop systems, and
maintaining operations to be leak free. Section II.F.4. requires
operations that use solvents with uncontrolled actual VOC emissions
greater than or equal to 25 tons per year to reduce emissions by 90%.
Sections II.F.5. and 6. set forth monitoring and recordkeeping
requirements. Records must be maintained for a minimum of two years.
Sources subject to Section II.F.4. requirements are also subject to
additional control requirements, monitoring, performance testing, and
recordkeeping requirements for general solvent use operations.
We propose to find that the provisions meet CAA and RACT
requirements, and that they strengthen the SIP. We therefore propose to
approve the changes in Part C.
d. Part D
The revisions add a new Part D. heading for Sections I, II, and III
(previously Reg. 7, Sections XII, XVII, and XVIII), and new Sections IV
and V.\64\ Part D regulates oil and natural gas operations. The
revisions also include renumbering and updates to Parts and Sections
referenced throughout Part D, establishing a storage tank control
threshold in lieu of the current system-wide control strategy,
strengthening storage tank monitoring requirements, aligning related
recordkeeping and reporting, and other SIP cleanup and strengthening
measures.
---------------------------------------------------------------------------
\64\ Parts of the submission, including all of new Sections IV
and V, are State Only requirements. We therefore will not be acting
on these Sections. The State Only provisions are excluded from the
list of provisions that we are acting on in Table 5.
---------------------------------------------------------------------------
(i) Section I.A.
Section I.A. contains applicability provisions for Part D. The
revisions to Section I.A. streamline and clarify sources subject to
Part D and remove the exemption associated with the system-wide control
program for owners or operators of condensate tanks with total actual
uncontrolled VOC emissions less than 30 tpy (previously Section
XII.A.7.).
(ii) Sections I.B. and I.C.
Section I.B. contains definitions applicable to Part D. A new
definition for ``commencement of operation'' was added for consistency
with Regulation Number 3 and for clarity as to the applicability of
other control requirements. New definitions for ``intermediate
hydrocarbon liquid,'' ``produced water,'' ``storage tank,'' and
``storage vessel'' were also added. The definitions are clear,
straightforward, accurate.
Section I.C. contains general provisions for Part D. Section I.C.2.
specifies how operators must calculate emissions and emission
reductions to demonstrate compliance with control requirements. The
revisions in Section I.C.2.a.(iv) expand current provisions to tanks
storing produced water or hydrocarbon liquids other than condensate.
(iii) Section I.D.
Section I.D. contains provisions for storage tank emissions
controls. In 2004 the Commission adopted the initial system-wide
control strategy, which required operators to reduce emissions from
their system of condensate tanks. The ``system'' was composed of
condensate tanks with uncontrolled actual VOC emissions equal to or
greater than two tpy, and allowed operators to decide which tanks to
control if emissions from the ``system'' were reduced by specified
percentages. The revisions in Section I.D. replace the system-wide
control strategy with an individual storage tank control strategy in
Section I.D.3. Operators in the DMNFR Area were required to install
controls on storage tanks with uncontrolled actual VOC emissions equal
to or greater than four tpy by May 1, 2020. The control requirements in
Section I.D. were expanded to include crude oil and produced water
tanks. According to the Division, this will
[[Page 32667]]
result in more tanks being controlled.\65\ Section I.D.3.a.(i) requires
that storage tanks with uncontrolled actual emissions of VOC equal to
or greater than four tons per year collect and control emissions from
each storage tank by routing emissions to and operating air pollution
control equipment that achieves a VOC control efficiency of 95%;
combustion devices must have a design destruction efficiency of at
least 98% for VOC unless authorized by permit before March 1, 2020.
Section I.D.3.c. requires that storage tanks below the four tpy
threshold that increase emissions above the threshold must be in
compliance within 60 days of the first date of the month in which the
threshold was exceeded. The Commission has determined that the four tpy
threshold and implementation timetable is cost-effective, technically
feasible, and will ensure no backsliding as provided for in the Clean
Air Act, Section 110(l).\66\
---------------------------------------------------------------------------
\65\ See pp. 592-593 of the May 13, 2020 submittal.
\66\ See p. 591 of the May 13, 2020 submission.
---------------------------------------------------------------------------
Colorado also submitted a provision for inclusion in the SIP that
was previously state-only. Section I.D.2.a. requires that that
operators of newly constructed tanks employ controls during the first
90 days after the date of first production. The provision is proposed
for inclusion in the SIP to avoid confusion as to whether compliance
with the requirement can be considered a limitation upon a source's
potential to emit for purposes of permitting.
(iv) Section I.E.
Section I.E. contains provisions for monitoring of storage tanks
and air pollution control equipment. Section I.E. was revised to apply
the monitoring requirements for all storage tanks controlled pursuant
to Section I.D., which will ensure monitoring of condensate tanks,
crude oil, and produced water tanks on a weekly basis per Section
I.E.2.c. The required inspections have also been updated to include
elements that can impact the performance of well production facility
equipment and reduce emissions including checking that burner trays are
not visibly clogged, that pressure relief valves are properly sealed,
and that vent lines are closed. Inspection documentation requirements
in former Section XII.E.3. were removed and moved to Section
I.F.2.c.(iii) in order to condense all recordkeeping requirements in
Section I.F.
(v) Section I.F.
Section I.F. contains provisions for storage tank recordkeeping and
reporting. As a result of replacing the system-wide control strategy
with the fixed control threshold in Section I.D., recordkeeping and
reporting requirements for demonstrating compliance with Section I.D.
were revised in Section I.F. Operators subject to the system-wide
control strategy were given until August 31, 2020, to submit the report
for the time period in 2020 during which the system-wide control
strategy remained effective (i.e. January 1-April 30, 2020). Section
I.F.2 contains the recordkeeping and reporting scheme for the tanks
subject to the new four tpy control threshold provision. Under Sections
I.F.2. and I.F.3., owners or operators of storage tanks subject to
Section I.D.3. must maintain records and submit annual reports
including information regarding inspections, calendar monthly VOC
emissions, emission factors used, and the control efficiency of air
pollution control equipment. Reports must be retained for a minimum of
five years.
(vi) Section I.L.
Section I.L. contains provisions for the DMNFR Area leak detection
and repair program. Sections I.L.2.a. and I.L.2.b. revised language
clarifies that applicability for leak inspections at well production
facilities are based on rolling twelve-month emission totals and not a
calendar year basis.
(vii) Section II
Section II contains statewide controls for oil and gas operations.
The majority of Section II consists of State Only requirements.
However, the Commission submitted previous State Only revisions for
inclusion in the SIP to Section II.C.1.b.(ii), which requires that
operators of newly constructed tanks employ controls within 90 days of
commencement of operation. Previous State Only requirements in Section
II.G. were also submitted for inclusion in Colorado's SIP. The
provisions require control of emissions coming off a separator after a
well is newly constructed, hydraulically fractured, or recompleted.
These emissions must be routed to a gas gathering line or controlled by
air pollution control equipment. The provisions were submitted for
inclusion in the SIP to clarify permitting compliance requirements in
Reg. 3.
We propose to find that the revisions to Part D meet CAA and RACT
requirements, and that they strengthen the SIP. We therefore propose to
approve the changes in Part C.
e. Part E
The revisions add a new Part E heading for Sections I, II, III, and
IV (previously Reg 7, Sections XVI, XIX, and XX). Part E regulates
emissions from combustion equipment at major sources of RACT. The
revisions also include renumbering and updates to Parts and Sections
referenced throughout Part E, add RACT requirements in Colorado's ozone
SIP for 50 tpy major sources of VOC and/or NO<INF>X</INF>, and other
cleanup and strengthening measures.\67\
---------------------------------------------------------------------------
\67\ The revisions to Sections II.A.1.b., II.A.4.a.(iii) and
(iv), II.A.6.a.(ii), and II.A.6.b.(viii)(B) include the placeholder
language [EFFECTIVE DATE OF THE RECLASSIFICATION] because the
Commission approved the revisions before the EPA finalized
reclassification of the DMNFR Area to Serious. The EPA finalized its
reclassification of the Area on December 26, 2019. See Final rule,
Finding of Failure To Attain and Reclassification of Denver Area for
the 2008 Ozone National Ambient Air Quality Standard, 84 FR 70897.
---------------------------------------------------------------------------
(i) Section II
Section II provisions control emissions from stationary and
portable combustion equipment in the DMNFR area. Section II.A.1.b.
expands the applicability of Section II requirements to stationary
combustion equipment at major sources of NO<INF>X</INF> as of January
27, 2020. New definitions were added in Section II.A.3. for ``ceramic
kiln,'' ``dryer,'' and ``furnace'' to support the expanded combustion
adjustment requirements in Section II.A.6. The definitions are clear,
straightforward, and accurate.
Owners or operators of combustion equipment specified in Section
II.A.1.b. must comply with emission limits in Section II.A.4. by July
20, 2021. This date is consistent with the EPA's implementation
deadline for RACT measures not tied to attainment.\68\ New Sections
II.A.4.a.(iii) expands emission limits requirements for boilers over
100 MMBtu/hr larger boilers and Section II.A.4.a.(iv) adds emission
limits for boilers between 50 and 100 MMBtu/hr located at sources
greater than or equal to 50 tpy of NO<INF>X</INF>. Applicability of
combustion process adjustment requirements in Section II.A.6. was
expanded to include individual pieces of combustion equipment at major
sources of NO<INF>X</INF> under a Serious classification. The
requirements of Section II.A.6.a.(ii) apply to boilers, duct burners,
process heaters, stationary combustion turbines, stationary
[[Page 32668]]
reciprocating internal combustion engines, dryers, furnaces, and
ceramic kilns that have uncontrolled actual NO<INF>X</INF> emissions
equal to or greater than five tpy that existed at major sources of
NO<INF>X</INF> as January 27, 2020. Sections II.A.6.(v)-(vii) expand
combustion process adjustment requirements to dryers, furnaces, and
ceramic kilns. Sections II.A.6.b.(viii)(A)-(C) clarify and expand
combustion adjustment frequency requirements, including dates for
initial combustion process adjustments.
---------------------------------------------------------------------------
\68\ Final Rule, Finding of Failure To Attain and
Reclassification of Denver Area for the 2008 Ozone National Ambient
Air Quality Standard, 84 FR 70897, 70900 (Dec. 26, 2019).
---------------------------------------------------------------------------
We propose to find that the revisions to Section II are consistent
with CAA requirements, and that they strengthen the SIP.
(ii) Section III
Section III provisions control emissions from specific major
sources of VOC and/or NO<INF>X</INF> in the DMNFR area. Section
III.B.1. establishes emission limits and associated monitoring,
recordkeeping, and reporting (MRR) requirements for stationary internal
combustion engines at certain major sources to meet RACT. Section
III.B.2. sets forth flare requirements and Section III.B.3. establishes
MRR requirements for specific emission points at certain major sources
to meet RACT. Section III.B.4. requires certain major sources to submit
RACT analyses to the Division. We propose to find that the revisions to
Sections III.B.1. through 4. strengthen the SIP and meet CAA
requirements. We also propose to find that Sections III.B.1. through 2.
establishes RACT requirements for certain major sources by
incorporating federal regulations.
We propose to find that the revisions to Part E are consistent with
CAA requirements, and that they strengthen the SIP. We therefore
propose to approve the changes in Part E.
VII. Proposed Action
For the reasons expressed above, the EPA proposes to approve
revisions to Sections II, XII, and XVIII of Reg. 7 from the State's May
14, 2018 and May 8, 2019 submittals and Parts A through E from the
State's May 13, 2020 submission as shown in Table 5, except for those
revisions we are not acting on as represented in Table 6. We are
proposing to approve Colorado's determination that the above rules
constitute RACT for the specific categories addressed in Tables 2 and
3.
A comprehensive summary of the revisions in Colorado's Reg. 7
organized by the EPA's proposed rule action, reason for proposed ``no
action'' and submittal date are provided in Tables 5 and 6.
Table 5--List of Colorado Revisions to Reg. 7 That the EPA Proposes To
Approve
------------------------------------------------------------------------
Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020
submittals proposed for approval
-------------------------------------------------------------------------
May 14, 2018 Submittal:
II.B, XII.A.2, XII.B.1.-XII.B.3., XII.B.6-XII.B.13, XII.B.16-
XII.B.21., XII.B.25., XII.C.1.d.-XII.C.1.e., XII.C.1.e.(iv),
XII.D., XII.F., XII.F.3.a.(i)-XII.F.3.a.(x), XII.F.5., XII.G.,
XII.G.1., XII.G.3., XII.G.4., XII.H.3., XII.H.6.a., XII.I., XII.J.,
XII.J.1, XII.J.1.a.-j., XII.J.2., XII.J.2.a.-e., XII.K., XII.K.1.,
XII.K.2., XII.K.2.a.-h(iv), XII.K.3., XII.K.3.a., XII.K.a.(i)-(vi),
XII.K.4., XII.K.5., XII.L., XII.L.1., XII.L.1.a.-b., XII.L.2.,
XII.L.2.a.-d., XII.L.3., XII.L.3.a.-c., XII.L.4., XII.L.4.a.-e.,
XII.L.5., XII.L.5.a.-c., XII.L.6., XII.L.6.a.-i., XII.L.7.,
XII.L.7.a.-g., XII.L.8., XII.L.8.a., XII.L.8.a.(i)-(ii),
XII.L.8.a.(ii)(A)-(I), XII.L.8.a.(iii), XII.L.8.a.(iv),
XII.L.8.a.(v), XVIII, XVIII.B.1..-B.3., XVIII.B.5.-11., XVIII.C.-
XVIII.C.2.c.(ii), XVIII.D.-XVIII.D.2.b., and XVIII.E.-XVIII.E.2.c.
May 8, 2019 Submittal:
XII.B.12., XII.B.13., XII.B.20., XIII.G.3., XII.J.1.j., XII.J.2.e.,
XII.K.5., XVIII.B.1., XVIII.B.5., XVIII.B.7.-9., and XVIII.D.1.b.
May 13, 2020 Submittal:
Outline of Regulation, PART A, I.A.1.c., I.B.1.c., I.B.2.h., II.B.,
PART B, I.-I.C., II.--B., III.-III.B., IV.- IV.D.4.e., V.-V.C., VI.-
VI.C.4.c.(ii), VII.- VII.B.2.b., Appendix B, V., VIII., Appendix
C, PART C, I.- I.O.5.a.(v), II.- II.F.6.j., III.- III.B.3.b., IV-
IV.B.5.c.(iii)(B), V.-V.C.1., Appendix D (renumbering), PART D, I.-
I.B.27., I.B.29.-I.C.e., I.C.1.e.(iii)-(iv), I.C.2.- I.C.2.a.(v),
I.D.- I.D.3.a.(i), I.D.3.b.- I.D.3.b.(iii), I.D.3.b.(v),
I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.- I.E.1.a., I.E.2.-
I.E.2.c.(ii), I.E.2.c.(iv)- I.E.2.c.(viii), I.F.-I.F.1.d.,
.I.F.1.g.-I.F.1.g.(xii), I.F.1.h.- I.F.2.a., I.F.2.c.-
I.F.2.c.(vi), I.F.3., I.F.3.a., I.F.3.c.- I.F.3.c.(i)(C), I.G.-
I.H.1., I.H.3.-I.L.8.a.(v)., II.C., II.C.1., II.C.1.b.(ii)-(B),
II.F, III.-III.B.3., III.B.5., III.B.7.-III.C.2.c.(ii), III.D.-
III.D.2.b., III.D.3.b., III.E.-III.E.2.c., PART E, I.-I.D., I.D.3.-
I.D.3.a.(ii), II.-II.A.4.b., II.A.4.b.(ii)-II.A.4.c., II.A.4.e.-
II.A.8.b.(i), III.-III.B.4.n., IV.-IV.A.7.c.
------------------------------------------------------------------------
Table 6--List of Colorado Revisions to Reg. 7 That the EPA Is Proposing
To Take No Action on
------------------------------------------------------------------------
Reason for proposed ``no
Revised sections action''
------------------------------------------------------------------------
May 14, 2018 Submittal:
XII.A.1., XII.A.1.c., XII.A.1.d.(ii), Superseded by May 13,
XII.A.2.-7., XII.B., XII.B.4.-5., 2020 submittal.
XII.B.12.-14., XII.B.22.-24., XII.C.,
XII.C.1.a., XII.C.1.e.(i)-(ii),
XII.C.1.f.-(ii), XII.D., XII.D.1.,
XII.D.2.a.-(i), XII.D.2.a.(vi)-(vii),
XII.E., XII.E.2.c., XII.F., XII.F.4..
May 14, 2018 Submittal:
XVIII.B.4 \69\........................... State requested this be
``state only''
definition.\70\
May 13, 2020 submittal:
II.A.4.d.-(i)............................ Provision not previously
approved in the SIP.
------------------------------------------------------------------------
VIII. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Colorado AQCC Regulation 7 pertaining to the
control of ozone via ozone precursors and control of hydrocarbons vial
oil and gas emissions discussed in section VI of this preamble. The EPA
has made, and will continue to make, these materials generally
available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA Region 8 Office
(please contact the person identified in the FOR FURTHER
[[Page 32669]]
INFORMATION CONTACT section of this preamble for more information).
---------------------------------------------------------------------------
\69\ Revised Section III.B.4.
\70\ See March 1, 2021 email and attached letter from Colorado
on ``Revised Pneumatics SIP Revisions Justification'' and May 3,
2021 email from Leah Martland, Colorado Air Pollution Control
Division (contained within the docket). The definition for
``enhanced response'' is in reference to the State Only pneumatics
find and fix program and thus not applicable to SIP provisions.
---------------------------------------------------------------------------
IX. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. The proposed rule does
not have tribal implications and will not impose substantial direct
costs on tribal governments or preempt tribal law as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law. We
are proposing to approve state rules as meeting the CAA standard for
RACT, which EPA has defined as the lowest emission limitation that a
particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility. Accordingly, we propose to determine that this
rule, if finalized, will not have disproportionately high or adverse
human health or environmental effects on minority or low-income
populations.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 11, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-12875 Filed 6-21-21; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on June 22, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.