Proposed Rule2022-03170
Air Plan Conditional Approval; Colorado; Revisions to Regulation Number 7 and Oil and Natural Gas RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
Primary source
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Published
February 17, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing conditional approval of portions of State Implementation Plan (SIP) revisions submitted by the State of Colorado on May 14, 2018 and May 13, 2020. The revisions are to Colorado Air Quality Control Commission (Commission or AQCC) Regulation Number 7 (Reg. 7), and 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). These revisions address the final remaining pieces of the May 14, 2018 and May 13, 2020 submittals that we have not previously acted on. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 33 (Thursday, February 17, 2022)</title>
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[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Proposed Rules]
[Pages 8997-9005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03170]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0931; FRL-9541-01-R8]
Air Plan Conditional Approval; Colorado; Revisions to Regulation
Number 7 and Oil and Natural Gas 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
conditional approval of portions of State Implementation Plan (SIP)
revisions submitted by the State of Colorado on May 14, 2018 and May
13, 2020. The revisions are to Colorado Air Quality Control Commission
(Commission or AQCC) Regulation Number 7 (Reg. 7), and 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). These revisions address the final remaining pieces of the May
14, 2018 and May 13, 2020 submittals that we have not previously acted
on. The EPA is taking this action pursuant to the Clean Air Act (CAA).
DATES: Written comments must be received on or before March 21, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2021-0931, 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
[[Page 8998]]
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, telephone number: (303) 312-6563, email address:
<a href="/cdn-cgi/l/email-protection#a0c6d5ccd4cfce8ec1c2c2d9e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="b4d2c1d8c0dbda9ad5d6d6cdf4d1c4d59ad3dbc2">[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 proposing to take?
As explained below, the EPA is proposing to conditionally approve
various revisions to the Colorado SIP that were submitted to the EPA in
two separate SIP submittals; one was received by the EPA on May 14,
2018 and the other on May 13, 2020. In particular, we propose to
conditionally approve into the SIP 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\
February 24, 2021,\2\ and November 5, 2021 \3\ rulemakings. This
proposed conditional approval is based on the State's commitment to
make specified further revisions to these rules, and submit them for
approval into the SIP, to address deficiencies identified in our
November 5, 2021 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\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone
Standard for the Denver Metro/North Front Range Nonattainment Area,
86 FR 61071, 61072.
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Under section 110(k)(4) of the CAA, the EPA may conditionally
approve a plan based on a commitment from a state to adopt specific
enforceable measures by a date certain no later than one year from the
date of approval. The conditionally approved provisions are a part of
the SIP and thus are federally enforceable as of the effective date of
the final conditional approval. If the EPA conditionally approves the
identified Reg. 7 rules, the State must meet its commitment to submit
the necessary SIP revisions to the EPA by June 30, 2022. If the State
fails to do so, this action will automatically become a disapproval on
that date. If the State submits timely SIP revisions but the EPA finds
the SIP submittal to be incomplete, this action will become a
disapproval on the date of the EPA's incompleteness finding. In either
case, the EPA will notify the State by letter that the conditional
approval has converted to a disapproval, and as of the date of that
notification the conditionally approved measures will no longer be a
part of the approved Colorado SIP. The EPA subsequently will publish a
document in the Federal Register notifying the public that the
conditional approval converted to a disapproval.
If the State submits the necessary SIP revisions by June 30, 2022,
the conditionally approved provisions will remain a part of the SIP
until the EPA approves or disapproves the new SIP revisions through
notice-and-comment rulemaking. If the EPA takes final action approving
the new revisions into the SIP, in the same final action the EPA will
also convert the conditional approval to a full approval by making
appropriate revisions to the description of the SIP in the Code of
Federal Regulations. If the EPA disapproves the new SIP revisions, the
conditional approval will convert to a disapproval, and the
conditionally approved provisions will no longer be a part of the
approved Colorado SIP.
Any conditional approval action that converts to a disapproval will
start an 18-month clock for application of mandatory sanctions under
CAA section 179(b) and a two-year clock for the EPA to promulgate a
Federal implementation plan under CAA section 110(c)(1). The basis for
our proposed action is discussed in this proposed rulemaking. Technical
information that we are relying on, as well as the State's October 20,
2021 commitment letter, is in the docket, available at <a href="http://www.regulations.gov">http://www.regulations.gov</a>, Docket No. EPA-R08-OAR-2021-0931.
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 for the 2008 ozone
standard 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
[[Page 8999]]
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 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 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 (volatile organic
compound (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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In February 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.
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Most recently, in November 2021, the EPA approved submitted
revisions to Sections II (general provisions), XII (Volatile Organic
Compound Emissions from Oil and Gas Operations), and XVIII (emissions
from natural gas-actuated pneumatic controllers located at or upstream
of natural gas processing plants) of Reg. 7 from State submissions in
2018 and 2019.\22\ From the State's 2020 submission, the EPA approved
revisions that fully reorganized Reg. 7. into Parts A-E; updated
requirements for gasoline transport trucks, bulk terminals, and service
stations in Part B; added general solvent use requirements in Part C,
Section II.F; and added stationary internal combustion engine and flare
RACT requirements for major sources of VOC and/or NO<INF>X</INF> in the
Denver Area in Part E. Revisions to incorporation by reference dates to
rules, updates to reference methods, and typographical, grammatical and
formatting corrections were made throughout Reg. 7. Additionally, the
EPA finalized approval of the State's negative declaration--(that is,
its statement that there are no covered sources in the DMNFR Area) as
to the aerospace CTG.
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\22\ 86 FR 61071.
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In our November 5, 2021 final rule, we deferred action on several
portions of the submittals, because we determined that Colorado's SIP
revisions did not meet oil and gas CTG RACT requirements for testing
and monitoring requirements for combustion control devices for storage
vessels and centrifugal compressors. On October 20, 2021, Colorado
submitted a letter to the EPA committing to correct the deficiencies
through rulemaking in December 2021. On December 17, 2021, the Colorado
AQCC approved revisions that are consistent with the commitments in the
letter.\23\ Based on the State's commitment to correcting the
deficiencies identified by the EPA, and recognizing the substantial
progress made toward fulfilling that commitment, we are now proposing
conditional approval of the oil and gas CTG RACT rules for which we
deferred action on in November 2021.
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\23\ See <a href="https://www.coloradosos.gov/CCR/eDocketDetails.do?trackingNum=2021-00594">https://www.coloradosos.gov/CCR/eDocketDetails.do?trackingNum=2021-00594</a>.
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III. Summary of the State's SIP Submittals
We are proposing to take action on parts of Colorado SIP submittals
made on two 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.\24\ We have previously acted on all parts
of this SIP submittal except for revisions to Reg. 7, Section XII.J.1.,
concerning centrifugal compressors, as to which we are now proposing
conditional approval.
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\24\ Control Techniques Guidelines for the Oil and Natural Gas
Industry, EPA-453/B-16-001 (Oct. 2016).
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May 13, 2020 Submittal
This submittal includes a full reorganization of Reg. 7 into Parts
A-E, 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
requirements. 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,
[[Page 9000]]
and contains typographical, grammatical, and formatting corrections
throughout. We have previously acted on all parts of this SIP submittal
except for revisions to Reg. 7, Sections I.D., I.E, and I.F. concerning
storage tanks, and Section I.J.1. concerning centrifugal compressors.
We are now proposing conditional approval of those revisions.
We are proposing to conditionally approve these measures into the
SIP because, as discussed further below, the State has committed to
adopt additional measures to address the concerns noted in our November
5, 2021 final rule. These measures are described in the State's October
20, 2021 commitment letter:
October 20, 2021 Commitment Letter
In its letter, which is included in the docket for this proposed
action, the State committed to adopt SIP revisions adding monitoring
and performance testing requirements for storage vessel and wet seal
centrifugal compressor combustion devices in Reg. 7, Part D, Section I.
This commitment to remedy the deficiencies explained in our November 5,
2021 rule is the basis for our proposal to conditionally approve the
previously submitted revisions. Further, as discussed above, with the
December 17, 2021 action by the Colorado Air Quality Commission the
State has made substantial progress toward fulfilling its commitment.
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.\25\ In previous rules, we have already found that Colorado has
satisfied this requirement with respect to the SIP submittals under
consideration here. For additional background and previous findings,
see the proposed and final rules at 85 FR 63066, 63068 (Oct. 6, 2020);
86 FR 11125 (Feb. 24, 2021); 86 FR 32656, 32658 (June 22, 2021); and 86
FR 61071 (Nov. 5, 2021).\26\
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\25\ CAA section 110(a)(2).
\26\ For the anticipated SIP revisions that were described in
the State's October 20, 2021 commitment letter, the AQCC provided
notice in the Colorado Register on September 20, 2021 and held
public hearings on the revisions on December 14-17, 2021. The
Commission adopted the revisions on December 17, 2021. After the
State submits these new measures as SIP revisions, we will evaluate
the sufficiency of the public process in separate actions in which
we will propose and, if appropriate, finalize approval of the
commitment submission into the SIP.
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V. Reasonably Available Control Technology (RACT) Analysis
A. Background
The CAA requires that SIPs for certain nonattainment areas include
RACT for each source of VOC in the area covered by a CTG, and for all
other major stationary sources of VOC.\27\ 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.\28\ The
CAA amendments of 1990 introduced the requirement for existing major
stationary sources of NO<INF>X</INF> in certain ozone nonattainment
areas to install and operate NO<INF>X</INF> RACT.\29\
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\27\ CAA section 182(b)(2).
\28\ See 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).
\29\ CAA section 182(f), appropriate, finalize approval of the
commitment submission into the SIP.
\29\ 1 CAA section 182(b)(2).
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The EPA provides guidance concerning what types of controls can
constitute RACT for a given source by issuing CTG and Alternative
Control Techniques (ACT) documents.\30\ States must submit a SIP
revision requiring the implementation of RACT for each source in the
area for which the EPA has issued a CTG (for each source in the area
that is covered by a CTG issued by the EPA), and for any major source
in the area not covered by a CTG.\31\
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\30\ 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 January 6, 2022) for a list of the EPA-issued CTGs and
ACTs (also available within the docket).
\31\ See CAA section 182(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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On October 20, 2016, the EPA issued final CTGs for reducing VOC
emissions from existing oil and natural gas equipment and
processes.\32\ Under the schedule in the oil and gas CTG, revisions to
SIP provisions to address RACT for sources covered by the CTG were due
on October 27, 2018. Sources covered by the CTG include those 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.\33\ In November
2017, the Commission adopted revisions to Reg. 7 that addressed RACT
requirements for each source covered by the oil and gas CTG.
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\32\ 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).
\33\ Docket ID No. EPA-HQ-OAR-2015-0216-0238.
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B. Evaluation of RACT for Oil and Gas CTG Sources
As part of its May 14, 2018 submittal and as supplemented in
connection with the December 2021 AQCC rulemaking, the Colorado Air
Pollution Control Division (Division) conducted a RACT analysis to
demonstrate that the RACT requirements for the oil and gas CTG for
covered sources in the DMNFR 2008 8-hour ozone NAA have been fulfilled.
The Division conducted the RACT analysis by listing the state
regulations that implement or exceed the RACT recommendations in the
oil and gas CTG, and by detailing the basis for concluding that these
regulations fulfill RACT, through comparison with established RACT
recommendations described in the CTG. The RACT demonstration is
contained in the State's Technical Support Document for Reasonably
Available Control Technology for the Oil and Gas Industry (document set
38) of the May 14, 2018 submittal; at pp. 417-425 of the May 13, 2020
submittal; and in the Supplement to the Technical Support Document for
RACT for the Oil and Gas Industry (draft Oct. 28, 2021).\34\ We have
reviewed Colorado's new and revised VOC rules for the categories
covered by the oil and gas CTG and the demonstrations submitted by
Colorado, and have compared the emission limitations and control
requirements with those of the CTG.\35\ On November 5, 2021, we
approved the majority of the May 14, 2018 and May 13, 2020 submittals,
but deferred action on Reg. 7 Sections I.D., I.E, and I.F. from the May
13, 2020 submittal for storage tanks, and Section I.J.1. for
centrifugal compressors. The scope of this proposal only covers the
parts of the May 14, 2018 and May 13, 2020 submittals that the EPA
deferred action on in our November 5, 2021 final rule. This proposal is
not indented to re-open or re-visit any aspect of the November 5, 2021
final rule. The following section includes a detailed discussion of the
rules that the EPA is proposing to take action on here.
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\34\ Cited materials are in the docket for this action.
\35\ See the May 2021 and December 2021 EPA TSDs included in the
docket for this action.
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[[Page 9001]]
Based on our review, and as supported by the State's commitment to
develop and submit additional testing and monitoring requirements, we
propose to conditionally approve the submitted rules as consistent with
the control measures, definitions, recordkeeping, and test methods in
the CTG and the CAA, and as providing for the lowest emission
limitation through application of control techniques that are
reasonably available considering technological and economic
feasibility. Therefore, we propose to conditionally approve the rules
noted above, as to which we deferred acting on in our November 5, 2021
final rule, as satisfying CAA RACT requirements for the oil and gas CTG
sources in the DMNFR Area.\36\ For more information, see the EPA TSDs
prepared in conjunction with our November 5, 2021 final rule \37\ and
this action.
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\36\ See <a href="https://www.epa.gov/ground-level-ozone-pollution/ract-information">https://www.epa.gov/ground-level-ozone-pollution/ract-information</a>.
\37\ 86 FR 61071 (Nov. 5, 2021).
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VI. The EPA's Evaluation of SIP Control Measures in Reg. 7
We evaluated Colorado's May 14, 2018 and May 13, 2020 submittals
regarding revisions to the State's Reg. 7 to meet RACT requirements for
sources covered by the oil and gas CTG. We approved the majority of the
State's submissions in our November 5, 2021 final rule.\38\ We did not,
however, finalize our approval of several provisions related to the
State's RACT determination for the oil and gas CTG, in light of our
evaluation of issues raised in comments received on our June 22, 2021
proposed rule.\39\ The provisions that the EPA deferred action on are
related to testing and monitoring of combustion control devices. In
this document, we are proposing to conditionally approve the limited
remaining pieces of the May 14, 2018 and May 13, 2020 submittals that
were not previously acted on. More specifically, in the EPA's November
5, 2021 final rule, we deferred action on the following: Reg. 7,
Section XII. J.1.\40\ from the May 14, 2018 submittal for centrifugal
compressors; Sections I.D., I.E, and I.F. from the May 13, 2020
submittal for storage tanks; and I.J.1. for centrifugal compressors.
This document proposes to conditionally approve only these specific
provisions. Our conditional approval is based on the State's October
20, 2021 commitment to make specified further revisions and submit them
to the EPA for approval. These further revisions have been approved by
the Colorado AQCC but have not yet been formally submitted to the EPA;
we will act on them separately after they are submitted.
---------------------------------------------------------------------------
\38\ Id.
\39\ 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, 86 FR 32656.
\40\ Since renumbered to Colorado Reg. 7, Part D, Section I.J.1.
---------------------------------------------------------------------------
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 the revised portions of
the regulation that the EPA previously approved into the SIP.
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 are provided 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.
Evaluation
A. May 14, 2018 SIP Submittal and October 20, 2021 Commitment Letter
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 finalized approval of the majority of
the May 14, 2018 SIP revisions in our November 5, 2021 rulemaking \41\
but deferred action on Reg. 7, Section XII.J.1. based on our evaluation
of issues raised in adverse comments received on the corresponding
proposal.\42\ Colorado sent the EPA a letter committing to correct the
deficiencies, and based on that commitment we are now proposing to take
action on Section XII.J.1. for centrifugal compressors.
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\41\ 86 FR 61071. EPA is not reopening any aspect of that Nov.
5, 2021 final rule in this proposal.
\42\ See ``Comments on Approval and Promulgation of
Implementation Plans; Colorado; Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area,'' July 22, 2021. Available within the docket for this action
and also on <a href="http://regulations.gov">regulations.gov</a> docket ID EPA-R08-OAR-2021-0262-0018.
---------------------------------------------------------------------------
a. Section XII.J.1
Section XII.J.1 contains new provisions for centrifugal
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.g. includes requirements for monthly inspections of
combustion devices to ensure that the devices are operating with no
visible emissions.
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 a New Source Performance
Standard (NSPS) including 40 CFR part 60, subparts OOOO and OOOOa in
lieu of Sections XII.J.1.a. through i.
[[Page 9002]]
The oil and gas CTG recommends visible emissions and performance
tests to demonstrate that the combustion devices being used meet the
95% VOC emission reduction RACT level of control.\43\ After reviewing
comments received \44\ on our June 22, 2021 proposal to approve, among
other things, Section XII.J.1 into the SIP,\45\ we determined that
Colorado's SIP submittals do not include requirements for performance
testing of combustion devices at wet seal centrifugal compressors. We
therefore recommended that the State adopt performance testing and
associated recordkeeping and reporting requirements to adequately
address RACT for centrifugal compressors.
---------------------------------------------------------------------------
\43\ P. 5-28 of the Control Techniques Guidelines for the Oil
and Natural Gas Industry, EPA-453/B-16.-001 (Oct. 2016).
\44\ P. 19 of ``Comments on Approval and Promulgation of
Implementation Plans; Colorado; Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area,'' July 22, 2021.
\45\ 86 FR 32656.
---------------------------------------------------------------------------
Colorado's October 20, 2021 letter commits to adding visible
emission testing and repair requirements for combustion devices in
Section I.J.1.g. The comment letter also commits to adding Section
I.J.1.h., which would require performance testing of combustion devices
in accordance with Section 60.5413a(b) by May 1, 2023, and subsequent
performance tests no longer than 60 months following the previous
performance test. Control device models tested in accordance with 40
CFR part 60, subpart OOOOa, Sec. 60.5413a(d) and demonstrating
continuous compliance in accordance with 40 CFR part 60, subpart OOOOa,
Sec. 60.5413a(e)(1) would not be subject to the performance test
requirement. Section I.J.i.(i)(E) would require records of control
device performance tests or manufacturer demonstration of control
device model performance tests, and associated inlet gas flow rates.
Section I.J.1.i.(i)(F) would require records of visual inspections
including the time and date of each inspection and a description of any
problems observed, description and date of any corrective action(s)
taken, and name of employee or third party performing corrective
action(s). These anticipated revisions described in Colorado's
commitment letter are consistent with periodic testing recommendations
in the oil and gas CTG. Accordingly, we find that the revisions
committed to for Sections I.J.1.g., h., and i. in the State's October
20, 2021 letter would address the identified deficiencies, and we
propose to conditionally approve Section XII.J.1.
B. May 13, 2020 SIP Submittal
The State's May 13, 2020 SIP submittal contains amendments to Reg.
7, including control for VOC emissions from oil and gas operations. We
finalized approval of the majority of the May 13, 2020 SIP revisions in
our November 5, 2021 rulemaking,\46\ but based on concerns related to
those raised in comments received on the corresponding proposal, we
deferred action on SIP revisions to the State's storage tank control
strategy in Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-b.(i),
I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.-
I.E.1.a., I.E.2.-.c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d., I.F.1.g.-
g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a, and I.F.3.c.-
c.(i)(C) because those Sections are related to the performance testing
of storage tank combustion equipment deficiencies identified in Section
I.E. As part of the October 20, 2021 letter submitted by Colorado to
the EPA, the State committed to correcting the deficiencies in Section
I.E., and based on that commitment we are now taking action on Part D,
Section I.D-F. storage tank controls.
---------------------------------------------------------------------------
\46\ 86 FR 61071. The EPA is not reopening any aspect of that
Nov. 5, 2021 final rule in this proposal.
---------------------------------------------------------------------------
a. 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 tons per year (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 result in
more tanks being controlled.\47\ Section I.D.3.a.(i) requires that
storage tanks with uncontrolled actual emissions of VOC equal to or
greater than four tpy 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 CAA, Section
110(l).\48\
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\47\ See pp. 592-593 of the May 13, 2020 submittal.
\48\ 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 operators of
newly constructed tanks employ controls during the first 90 days after
the date of first production. It is appropriate to include this
provision in the SIP because it will ensure that the requirements for
emissions controls on startup are federally enforceable, 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.
b. 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.
The oil and gas CTG recommends periodic performance testing to
demonstrate compliance with the
[[Page 9003]]
recommended RACT level of control.\49\ After reviewing comments
received \50\ on our June 22, 2021 proposal \51\ to, among other
things, approve RACT for storage tanks subject to the oil and gas CTG,
we determined that Colorado's SIP submittals do not include
requirements for performance testing of combustion devices at storage
tanks. We therefore recommended that the State adopt performance
testing and associated recordkeeping and reporting requirements to
adequately address RACT for storage tanks.
---------------------------------------------------------------------------
\49\ P. 4-25 of the Control Techniques Guidelines for the Oil
and Natural Gas Industry, EPA-453/B-16-001 (Oct. 2016).
\50\ P. 19 of ``Comments on Approval and Promulgation of
Implementation Plans; Colorado; Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other RACT Requirements for 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area,'' July 22, 2021.
\51\ 86 FR 32656.
---------------------------------------------------------------------------
Colorado's October 20, 2021 letter commits to adding new
performance testing requirements for control devices in Section I.E.3.
As described in the commitment letter, Section I.E.3.a. will require
that storage vessels that have the potential for VOC emissions equal to
or greater than six tpy (control action emissions) conduct periodic
performance testing of control devices to comply with the 95% VOC
control efficiency requirement in Section I.D.3.a.(i). Section
I.E.3.a.(i) will require that performance testing be conducted in
accordance with Section 60.5413a(b) by May 2023, and that subsequent
performance testing occur no more than 30 months following the previous
performance test. Section I.E.3.a.(ii) will exempt control device
models that have been tested in accordance with Section 60.5413a(d) and
that are demonstrating compliance in accordance with Section
60.5413a(e)(1) from performance test requirements in Section
I.E.3.a.(i). Section I.E.3.a.(iii) requires storage vessels to maintain
records of performance tests or manufacturer demonstrations and
associated inlet gas flow rate records specified in Section
I.E.3.a.(ii) for five years and to make records available to the
Division upon request. These revisions are consistent with periodic
testing recommendations in the oil and gas CTG.
c. 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.
d. Section I.J.1.
Section I.J.1. (previously Section XII.J.1.) contains requirements
for centrifugal compressors. The revisions to Section I.J.1.-j.
renumber the regulation and do not change the substance of the
requirements from the May 14, 2018 submittal.
The revisions described in this section \52\ will strengthen the
SIP, and (once the State has submitted the revised regulations
described in its commitment letter) will meet CAA and RACT
requirements. We therefore propose to conditionally approve these
revisions into the SIP.
---------------------------------------------------------------------------
\52\ With the exception of revisions described in the State's
commitment letter, which have not been submitted as SIP revisions
yet. As previously noted, those revisions will be evaluated in a
separate rulemaking after the state submits them to the EPA.
---------------------------------------------------------------------------
VII. Proposed Action
For the reasons expressed above, the EPA proposes to conditionally
approve revisions to Sections XII.J.1 of Reg. 7 from the State's May
14, 2018 submittal and Part D, Sections I.D., I.E., I.F., and I.J.1. of
Reg. 7 from the State's May 13, 2020 submission as shown in Table 1.
The EPA is proposing to conditionally approve revisions to Reg.7,
Part D, Sections I.E.3. (including subsections (a)(i) through (iii))
and I.J.1.g. through i. Additionally, the EPA is proposing to
conditionally approve Colorado's determination that Reg. 7, Part D
satisfies RACT requirements for the Colorado ozone SIP for the 2016 oil
and natural gas CTG. Under section 110(k)(4) of the Act, the EPA may
approve a SIP revision based on a commitment by a state to adopt
specific enforceable measures by a date certain, but not later than one
year after the date of approval of the plan revision. On October 20,
2021, Colorado submitted a letter committing to adopt and submit
specific revisions by June 30, 2022.\53\ Specifically, the State has
committed to add requirements for performance testing of certain
combustion devices consistent with the EPA's oil and gas CTG by using
the same frequency, testing protocol, and recordkeeping requirements
that will apply to storage vessels and wet seal centrifugal compressors
required to be controlled under the EPA's oil and gas CTG (i.e.,
storage vessels that have the potential for VOC emissions equal to or
greater than 6 tpy). If we finalize our proposed conditional approval,
Colorado must adopt and submit the specific revisions it has committed
to by June 30, 2022 in order for the conditional approval to convert to
full approval. We note that the Colorado AQCC adopted the revisions as
outlined in the commitment letter on December 17, 2021, and we
anticipate that the State will meet its deadline to submit these
measures as SIP revisions. However, if Colorado does not comply with
its commitment by June 30, 2022, if we find Colorado's SIP submission
provided to fulfill the commitment to be incomplete, or if we
disapprove the SIP submission, this conditional approval will convert
to a disapproval. If any of these occur and our conditional approval
converts to a disapproval, that will constitute a disapproval of a
required plan element under part D of title I of the Act, which will
start an 18-month clock for sanctions \54\ and the two-year clock for a
federal implementation plan.\55\
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\53\ Although CAA section 110(k)(4) allows the EPA to make a
conditional approval based on a commitment to act within one year of
the final conditional approval, Colorado has committed to act on a
much more accelerated schedule.
\54\ See CAA section 179(a)(2).
\55\ See CAA section 110(c)(1)(B).
[[Page 9004]]
Table 1--List of Colorado Revisions to Reg. 7 That the EPA Proposes to
Conditionally Approve
------------------------------------------------------------------------
-------------------------------------------------------------------------
Revised Sections in May 14, 2018 and May 13, 2020 Submittals Proposed
for Approval.
May 14, 2018 Submittal: XII.J.1.
May 13, 2020 Submittal: Part D, Sections I.D.-D.3.a.(i), I.D.3.b.-
b.(i), I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix),
I.D.4.-I.E.1.a., I.E.2.-.c.(ii), I.E.2.c.(iv)-c.(viii), I.F.-1.d.,
I.F.1.g.-g.(xii), I.F.1.h.-F.2.a., I.F.2.c.-c.(vi), I.F.3.-3.a,
I.F.3.c.-c.(i)(C), and I.J.1.
Revised Sections from Colorado's Oct. 20, 2021 Commitment Letter:
Part D, Sections I.E.3.-a.(iii), I.J.1.g.-h., I.J.1.i., and
I.J.1.i.(i)(E)-(F).
------------------------------------------------------------------------
VIII. Consideration of Section 110(l) of the CAA
Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
toward attainment of the NAAQS, or any other applicable requirement of
the Act. In addition, section 110(l) requires that each revision to an
implementation plan submitted by a state shall be adopted by the state
after reasonable notice and public hearing.
The Colorado SIP revisions that the EPA is proposing to
conditionally approve do not interfere with any applicable requirements
of the Act. The Reg. 7 revisions submitted by the State on May 13, 2018
and May 14, 2020 are intended to strengthen the SIP and to serve as
RACT for certain sources for the Colorado ozone SIP. Colorado's
submittals provide adequate evidence that the revisions were adopted
after reasonable public notices and hearings. Therefore, CAA section
110(l) requirements are satisfied.
IX. Environmental Justice Considerations
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
Additionally, Executive Order 13985 (86 FR 7009, Jan. 25, 2021) directs
federal agencies to assess whether and to what extent their programs
and policies perpetuate systemic barriers to opportunities and benefits
for underserved populations, and Executive Order 14008 (86 FR 7619,
Feb. 1, 2021) directs federal agencies to develop programs, policies,
and activities to address the disproportionately and adverse human
health, environmental, climate-related and other cumulative impacts on
disadvantaged communities.
To identify potential environmental burdens and susceptible
populations in the DMNFR area, a screening analysis was conducted using
the EJSCREEN \56\ tool to evaluate environmental and demographic
indicators within the area, based on available data from the Census
Bureau's American Community Survey. The tool outputs showing the
results of this assessment are in the docket for this action. These
results indicate that within the DMNFR area there are census block
groups that are above the national averages and above the 80th
percentile (in comparison to the nation as a whole) for the numbers of
persons experiencing low income and people of color. These populations
may be vulnerable and subject to disproportionate impacts within the
meaning of the executive orders described above. Further, as the
EJSCREEN analysis is a screening-level assessment and not an in-depth
review, it is possible that there are other vulnerable groups within
the DMNFR area.
---------------------------------------------------------------------------
\56\ EJSCREEN is an environmental justice mapping and screening
tool that provides the EPA with a nationally consistent dataset and
approach for combining environmental and demographic indicators;
available at <a href="https://www.epa.gov/ejscreen/what-ejscreen">https://www.epa.gov/ejscreen/what-ejscreen</a>.
_____________________________________-
As to all vulnerable groups within the DMNFR area, as explained
below we believe that this action will be beneficial and will tend to
reduce impacts. When the EPA establishes a new or revised NAAQS, the
CAA requires the EPA to designate all areas of the U.S. as either
nonattainment, attainment, or unclassifiable. If an area is designated
nonattainment for a NAAQS, the state must develop a plan outlining how
the area will attain and maintain the standard by reducing air
pollutant emissions. In this action we are proposing to conditionally
approve state rules as meeting the CAA standard for RACT, which the EPA
has defined as the lowest emission limitation that a particular source
is capable of meeting by the application of control technology that is
reasonably available considering technological and economic
feasibility. Approval of these rules into the SIP will establish
federally enforceable requirements that will reduce emissions from oil
and gas operations in the area. These requirements will contribute to
the increased protection of those residing, working, attending school,
or otherwise present in those areas, and we propose to determine that
this rule, if finalized, will not have disproportionately high or
adverse human health or environmental effects on communities with
environmental justice concerns.
X. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Colorado AQCC Regulation 7 pertaining to the
control of ozone via ozone precursors and control of hydrocarbons from
oil and gas emissions discussed in section VI of this preamble. The EPA
has made, and will continue to make, these materials generally
available through <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 INFORMATION
CONTACT section of this preamble for more information).
XI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
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.);
[[Page 9005]]
<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);
<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; and
<bullet> Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. Accordingly, the proposed
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 8, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-03170 Filed 2-16-22; 8:45 am]
BILLING CODE 6560-50-P
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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.