Rule2022-10211
Air Plan Approval; Colorado; Denver Metro/North Front Range Nonattainment Area; Nonattainment NSR Permit Program Certification for the 2015 8-Hour Ozone Standard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 13, 2022
Effective
June 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving a state implementation plan (SIP) revision submitted by the State of Colorado. The submittal certifies that the State of Colorado has fulfilled, through previous SIP revisions, Nonattainment New Source Review (NNSR) Permit Program requirements under the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front Range (DMNFR) area. The State of Colorado submitted the certification to meet the nonattainment requirements for Marginal ozone nonattainment areas (NAAs) for the 2015 8-hour ozone NAAQS. The EPA is taking this action pursuant to sections 110, 172, 173, and 182 of the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 93 (Friday, May 13, 2022)</title>
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[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29232-29236]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10211]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0644; FRL-9164-02-R8]
Air Plan Approval; Colorado; Denver Metro/North Front Range
Nonattainment Area; Nonattainment NSR Permit Program Certification for
the 2015 8-Hour Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the State of Colorado.
The submittal certifies that the State of Colorado has fulfilled,
through previous SIP revisions, Nonattainment New Source Review (NNSR)
Permit Program requirements under the 2015 8-hour ozone National
Ambient Air Quality Standards (NAAQS) for the Denver Metro/North Front
Range (DMNFR) area. The State of Colorado submitted the certification
to meet the nonattainment requirements for Marginal ozone nonattainment
areas (NAAs) for the 2015 8-hour ozone NAAQS. The EPA is taking this
action pursuant to sections 110, 172, 173, and 182 of the Clean Air Act
(CAA).
DATES: This rule is effective on June 13, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0644. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="http://www.regulations.gov">http://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-6709, email address:
<a href="/cdn-cgi/l/email-protection#b7dbd6d9d099dad6c3c3dfd2c0f7d2c7d699d0d8c1"><span class="__cf_email__" data-cfemail="6e020f000940030f1a1a060b192e0b1e0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
November 2, 2021 proposal.\1\ In that document we proposed to approve a
NNSR permit program certification for the DMNFR Marginal NAA because
the certified NNSR permit program was prepared in accordance with
requirements of sections 172(c)(5) and 173 of the CAA and fulfills the
specific minimum SIP requirements of 40 CFR 51.165. The EPA is
finalizing its proposed approval of the NNSR certification submitted by
the State of Colorado for the DMNFR Marginal NAA under the 2015 8-hour
ozone NAAQS. With this final rulemaking Colorado will have met the NNSR
permit program requirement stemming from the Marginal nonattainment
designation of the DMNFR area.
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\1\ Approval and Promulgation of Implementation Plans; Colorado;
Denver Metro/North Front Range Nonattainment Area; Nonattainment NSR
Permit Program Certification for the 2015 8-Hour Ozone Standard, 86
FR 60434 (November 2, 2021).
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EPA held a 30-day comment period on the proposed rulemaking
beginning on November 1, 2021 and closing on December 2, 2021. We
received comments on the proposal from two commenters. One individual
expressed support for our proposed rulemaking. We also received
comments from the Center for Biological Diversity (CBD) claiming that
EPA must hold a new comment period and that Colorado's SIP is
inadequate with respect to NNSR permit program requirements. We thank
the commenters and our responses to the comments received are included
below.
II. Response to Comments
Commenter 1
One commenter expressed support of the proposed approval and
provided a general suggestion that sources be given time to make any
needed changes to practices.
Response: With respect to the commenter's concern that sources be
given time to make changes to practices, we note that this rulemaking
does not impose any additional regulatory requirements on sources that
would take time to implement. NNSR is a preconstruction review program
that only applies to new sources and major modifications at existing
sources. This action solely approves the certification submitted by the
State of Colorado explaining that the existing federally-approved NNSR
permit program meets the requirements of 172(c)(5) and 173 of the CAA
and fulfills the specific minimum SIP requirements of 40 CFR 51.165 for
NNSR permit programs for the 2015 8-hour ozone NAAQS.
[[Page 29233]]
Comments From the Center for Biological Diversity
Comment 1
CBD asserts that EPA must hold a new comment period since EPA did
not include the regulatory provisions that it is proposing to approve
in the docket.
Response: In this rulemaking, EPA proposed to approve a NNSR permit
program certification that was submitted by Colorado and which
certified that the State's existing SIP-approved NNSR permit program
meets the marginal nonattainment requirement for implementation of a
NNSR permit program. As such, our action does not approve any actual
revisions to the text of the Colorado SIP, as was stated in our
proposed rulemaking. The provisions which have been approved by EPA
into the Colorado SIP via past rulemaking actions are publicly
available, and were publicly available at the time of our proposed
rulemaking, on EPA's web page showing approved statutes and regulations
in the Colorado SIP.\2\ Links to the EPA actions that have most
recently approved revisions to each section of the Colorado SIP are
available at this EPA web page and can also be found at 40 CFR part 52,
subpart G.\3\
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\2\ See <a href="https://www.epa.gov/sips-co/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/sips-co/epa-approved-statutes-and-regulations-colorado-sip</a>. We note that this compilation of EPA-
approved statutes and regulations had not yet been updated at the
time of our proposed rulemaking to reflect the revisions to
Colorado's NNSR program that were approved by EPA in 2019 at 84 FR
18991 (May 3, 2019). However, that action (84 FR 18991) was
specifically referenced in our notice of proposed rulemaking as
being the most recent approval of revisions to Colorado's SIP-
approved NNSR permit program.
\3\ See <a href="https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-52/subpart-G">https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-52/subpart-G</a>.
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Furthermore, the provisions of Colorado's SIP that the state
certified as meeting the requirements for NNSR programs for new major
sources and major modifications at existing sources in ozone
nonattainment areas are specifically listed in the ``Clean Air Act
Elements Table'' provided at attachment 7 of Colorado's SIP submittal.
Attachment 7 of the submittal was referenced in the proposed rulemaking
as being the NNSR provisions that Colorado is certifying. See 86 FR
60435. According to that attachment, the relevant SIP provisions for
the NNSR permit program are found in sections I, II, and V of
Regulation 3, Part D of the Colorado Code of Regulations (CCR). Instead
of approving new revisions to the text of the existing SIP, this action
approves those existing regulations which have already been
incorporated into the SIP as meeting NNSR permit program requirements
for ozone NAAs under the 2015 8-hour ozone NAAQS. Since no revisions to
the Colorado SIP were submitted by the State and because, as mentioned
previously, the existing SIP is available to the public and specific
sections of the submittal highlighted the relevant provisions in the
SIP, it is not necessary to include a copy of the SIP-approved NNSR
permit program in the docket of the proposed rulemaking. Furthermore,
it is not necessary to include a copy of the SIP-approved NNSR permit
program in the docket since the opportunity for public comment was
previously provided on each occasion that revisions to the NNSR permit
program were approved into the SIP. This is consistent with other
actions taken by EPA in approving certification SIP submittals to meet
the 2008 and 2015 Marginal area SIP revision requirement for NNSR
permit programs in which the State submittals and EPA approvals make
reference to the relevant State regulations that are already federally
approved while noting the most recent approval of revisions to the NNSR
provisions.\4\
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\4\ Air Plan Approval; Texas; Clean Air Act Requirements for
Nonattainment New Source Review and Emission Statements for the 2015
Ozone National Ambient Air Quality Standards, 86 FR 50456 (September
9, 2021). Approval and Promulgation of Air Quality Implementation
Plans; Pennsylvania; Nonattainment New Source Review Requirements
for 2008 8-Hour Ozone Standard, 84 FR 5598 (February 22, 2019).
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Comment 2
CBD asserts that EPA must disapprove Colorado's NNSR permit program
certification because the NNSR program does not address the designation
of northern Weld County as nonattainment given that this designation is
effective beginning on December 30, 2021.
Response: This comment concerns the applicability of Colorado's
NNSR permit program to the portion of Weld County that was newly
designated as nonattainment as part of the DMNFR NAA, effective on
December 30, 2021. Colorado's SIP-approved NNSR program applies
generally to all ozone NAAs within the State of Colorado.\5\ Thus, upon
the effective date of designation of northern Weld County as
nonattainment through inclusion in the DMNFR NAA, the existing NNSR
permit program applies by operation of law to new major sources and
major modifications in the portion of northern Weld County that has
been newly designated as nonattainment. Since the 2015 nonattainment
boundary was remanded without vacatur, the NAA boundary that did not
include northern Weld County was effective at the time of publication
of our proposed rule. Therefore, our proposed rule noted that to the
extent that EPA's designation changes on remand, Colorado will be
required to address the change as part of a future SIP revision. Upon
further review, EPA acknowledges that the footnote in EPA's proposal
that commenters reference (footnote 6 at 86 FR 60435) could be
clearer.\6\ That footnote was not intended to speak directly to the
NNSR permit program requirement, but rather was intended to make a
general point that additional supplements or revisions could be needed
to fulfill Marginal area SIP revision requirements should a change in
the NAA boundary be made final. This footnote is consistent with the
language used in EPA's final action regarding designations for remanded
areas at 86 FR 67869.\7\ Since EPA interprets Colorado's NNSR permit
program as being generally applicable to any ozone NAA within the
State, it became applicable to the newly-designated portion of Weld
County on the effective date of this designation (Dec. 30, 2021). There
is no need for additional revisions to the existing NNSR permit program
to make it applicable to the area of northern Weld County designated as
nonattainment in 2021.\8\
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\5\ 5 CCR 1001-5:3D.II.A.25.b; 5 CCR 1001-5:3D.V.A.3.
\6\ Footnote 6 at 86 FR 60435 of EPA's proposal is copied here
for reader convenience: The EPA excluded part of Weld County from
the DMNFR NAA, but that designation was remanded without vacatur in
Clean Wisconsin v. EPA, 964 F.3d 1145, 1167-69, 1177 (D.C. Cir.
2020). To the extent the EPA's designation with respect to Weld
County changes on remand, CO will be required to address the change
in a future SIP revision.
\7\ Additional Revised Air Quality Designations for the 2015
Ozone National Ambient Air Quality Standards: El Paso County, Texas
and Weld County, Colorado, 86 FR 67864 (November 30, 2021).
\8\ EPA acknowledges that 2021 revised designations action
amending the boundary line for Denver Metro/North Front Range NAA to
include the northern portion of Weld County has been challenged in
court. Board of County Commissioners of Weld County, CO v. EPA, No.
21-1263 (D.C. Cir., Dec. 15, 2021). On March 15, 2021, the court
denied Petitioners' request to stay the Agency's revised
designations action. If the court eventually takes an action that
results in northern Weld county's exclusion from the Denver Metro/
North Front Range NAA, then Colorado's existing NNSR permit program
would no longer apply there until such time northern Weld County is
again part of an ozone nonattainment area.
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Comment 3
CBD asserts that EPA must disapprove Colorado's certification of
the state's NNSR permit program because the program does not ensure
that minor sources in the DMNFR NAA will not cause or contribute to
increment violations.
Response: The NNSR permit program requirements that are the focus
of this action are specific to new major sources and modifications at
existing sources in
[[Page 29234]]
ozone NAAs and include the requirements that were promulgated in the
``Phase 2 Rule'' implementing the 1997 8-hour ozone NAAQS and which are
listed in our proposed rulemaking.\9\ Therefore, since none of the
requirements for NNSR major source permit programs at 40 CFR 51.165
concern contributions to consumption of PSD increment, this comment
falls outside the scope of this proposed rulemaking. Furthermore, we
again note for clarity that the EPA is not approving any revision to
the Colorado SIP. Instead, EPA is approving Colorado's certification
that the existing SIP-approved NNSR permit program continues to meet
the minimum requirements for NNSR permit programs in Marginal ozone
NAAs under the 2015 8-hour ozone NAAQS. Colorado's SIP certification
did not, and need not, address the PSD or minor source permitting
requirements under 40 CFR 51.166 or 51.160. Further, there is no PSD
increment for ozone in section 51.166(c).
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\9\ Final Rule to Implement the 8-Hour Ozone National Ambient
Air Quality Standard-Phase2; Final Rule to Implement Certain Aspects
of the 1990 Amendments Relating to New Source Review and Prevention
of Significant Deterioration as They Apply in Carbon Monoxide,
Particulate Matter and Ozone NAAQS; Final Rule for Reformulated
Gasoline, 70 FR 71612 (November 29, 2005).
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Comment 4
CBD asserts that EPA must disapprove Colorado's certification of
their NNSR permit program because the program provides for exclusions
of temporary emissions and emissions from internal combustion engines
on vehicles from being used in the determination of whether a source is
a major stationary source subject to NNSR permitting. CBD claims these
exclusions are not allowed by the CAA.
Response: As referenced by the commenter, the definition of
potential to emit at 40 CFR 51.165(a)(1)(iii) excludes secondary
emissions in determining the potential to emit of a stationary source.
Secondary emissions are defined at 40 CFR 51.165(a)(1)(viii) to include
emissions which would occur because of the construction or operation of
a major stationary source or major modification, but do not come from
the major stationary source or major modification itself. NNSR
permitting concerns continuous operating emissions of a stationary
source and not temporary emissions or emissions associated with
construction. Therefore, the exclusion of emissions from temporary
activities contained at Section II.A.25.f of Regulation 3, Part D in
the CCR is allowable per the definition of secondary emissions and
exclusion of secondary emissions under the definition of potential to
emit at 40 CFR 51.165. The exclusion of emissions from internal
combustion engines on any vehicle at Section II.A.25.f of Regulation 3,
Part D is appropriate since mobile source emissions from nonroad mobile
and on-road mobile sources are not considered as part of the operating
emissions of a stationary source. However, under the definition of
``Nonroad engine'' at 40 CFR 1068.30 an internal combustion engine is
not a nonroad engine if it remains or will remain at a location for
more than 12 consecutive months and would instead become a stationary
engine as specified by 40 CFR 1068.31(e)(1). This definition is
reflected in Section I.B.31.b.(iii) of Regulation 3, Part A of the CCR
which is incorporated into the SIP.\10\ Mobile source emissions are
regulated by Title II of the CAA which includes emissions standards for
moving sources and therefore mobile source emissions are not included
in the determination of whether a stationary source is a major source
for NNSR purposes. Section II.G of Appendix S to 40 CFR part 51, which
set forth EPA's interpretive ruling on preconstruction review, details
that ``since EPA's authority to perform or require indirect source
review relating to mobile sources regulated under Title II of the Act
(motor vehicles and aircraft) has been restricted by statute,
consideration of the indirect impacts of motor vehicles and aircraft is
not required under this Ruling.'' We therefore disagree with the
assertion by the commenter that the exclusion of temporary emissions
and emissions from internal combustion engines on vehicles are not
allowable in the determination of whether a source is major with
respect to NNSR permitting.
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\10\ 5 CCR 1001-5:3A.I.B.31.b.(iii).
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Comment 5
CBD asserts EPA must disapprove Colorado's certification of their
NNSR permit program because the program provides for exemptions
relating to offset requirements not allowed under the CAA or EPA's
regulations. Specifically, the commenter claims that the following
exemptions from offset requirements that are located in Regulation 3,
Part D are not allowed: Portable sources that will relocate outside a
NAA in less than one year, pilot plants that operate an aggregate of
less than six months, construction phases of a new or modified
building/facility/structure/installation, temporary processes or
activities of less than one year in duration, and sources undergoing
fuel switches.\11\
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\11\ 5 CCR 1001-5:3D.V.A.8.a(i)(A)-(E)
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Response: Appendix S to 40 CFR part 51 is a codification of EPA's
Emissions Offset Interpretive Ruling on the preconstruction review
requirements for stationary sources under 40 CFR part 51, subpart I.
Section IV.B of Appendix S contains exemptions consistent with those
that the commenter objects to. These exemptions include temporary
emission sources such as portable facilities that will be relocated
outside of the NAA after a short period of time, pilot plants, and
emissions resulting from the construction phase of a new source. We
highlight that this Appendix S provision concerning offset exemptions
for temporary emissions from construction phases does not prohibit
reviewing authorities from concluding that emissions associated with
construction phases exceeding a period of one year are temporary
emissions. The language of section IV.B of Appendix S is general enough
to allow the reviewing authority to exempt emissions resulting from a
construction phase exceeding one year from offset requirements. Section
IV.B of Appendix S also includes an exemption for sources which must
switch fuels due to lack of adequate fuel supplies or where a source is
required to be modified as a result of EPA regulations. This exemption
applies only if an applicant has demonstrated that it has made its best
efforts to obtain sufficient emission offsets and that efforts were
unsuccessful, the applicant has secured all available emission offsets,
and the applicant will continue to seek the necessary emission offsets
and apply them when they become available. Appendix S currently serves
as a NNSR permitting program that may be applied by states that do not
have an approved NNSR program in their SIP or lack a particular element
of such a program. The omission of the Appendix S offset exemptions at
40 CFR 51.165 does not preclude the inclusion of the same exemptions in
the Colorado SIP. The Emissions Offset Interpretive Ruling reflects a
longstanding EPA interpretation of the CAA. EPA does not consider it
appropriate to allow states without an approved NNSR program to apply
the exemptions in Appendix S, while denying states who have taken on
the task of developing an NNSR program for EPA approval the same
opportunity to implement exemptions that EPA has previously-determined
to be permissible under the Act. The exemption from offset requirements
at Section IV.B of Appendix S to 40 CFR
[[Page 29235]]
part 51 specifically for emissions resulting from the construction
phase of a new source was most recently recognized as an appropriate
exemption in a permit issued by EPA for the South Fork Windfarm on the
Outer Continental Shelf (OCS).\12\ Therefore, we disagree with the
claim made by the commenter that the exemptions at section V.A.8 of
Regulation 3, Part D are not allowed under the CAA or EPA's regulations
since, as detailed previously, these exemptions are in section IV.B of
Appendix S to 40 CFR part 51.
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\12\ See EPA Response to Comments for South Fork Windfarm OCS
Air Permit at p. 14. Available online at <a href="https://www.epa.gov/system/files/documents/2022-01/sfw-response-comments-final-permit-ocs-r1-04.pdf">https://www.epa.gov/system/files/documents/2022-01/sfw-response-comments-final-permit-ocs-r1-04.pdf</a>.
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III. Final Action
The EPA is finalizing approval of the NNSR permit program
certification submitted by the State of Colorado because the certified
NNSR Permit Program was prepared in accordance with requirements of
sections 172(c)(5) and 173 of the CAA and fulfills the specific minimum
SIP requirements of 40 CFR 51.165.
IV. 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 approves 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, 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. In those areas of Indian country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 12, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: May 8, 2022.
KC Becker,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart G--Colorado
0
2. In Sec. 52.320, the table in paragraph (e) is amended by revising
the center heading ``Maintenance Plans'' and adding the entry ``Ozone
(8-hour, 2015) DMNFR NNSR Certification'' at the end of the ``Denver
Metropolitan Area'' subheading to read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(e) * * *
[[Page 29236]]
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State EPA effective Final rule citation/
Title effective date date date Comments
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* * * * * * *
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Maintenance and Attainment Plan Elements
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* * * * * * *
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Denver Metropolitan Area
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* * * * * * *
Ozone (8-hour, 2015) DMNFR NNSR 7/6/2020 6/13/2022 May 13, 2022, ....................
Certification. [insert Federal
Register citation].
* * * * * * *
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[FR Doc. 2022-10211 Filed 5-12-22; 8:45 am]
BILLING CODE 6560-50-P
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