Rule2022-10212
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
May 13, 2022
Effective
June 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is conditionally approving 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) regulations of ozone precursor and hydrocarbon emissions from oil and gas operations, 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 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 93 (Friday, May 13, 2022)</title>
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[Federal Register Volume 87, Number 93 (Friday, May 13, 2022)]
[Rules and Regulations]
[Pages 29228-29232]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10212]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0931; FRL-9541-02-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: Final rule.
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[[Page 29229]]
SUMMARY: The Environmental Protection Agency (EPA) is conditionally
approving 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) regulations of ozone precursor and hydrocarbon
emissions from oil and gas operations, 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 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: This rule is effective June 13, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0931. 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: 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#0761726b736869296665657e4762776629606871"><span class="__cf_email__" data-cfemail="1177647d657e7f3f70737368517461703f767e67">[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
February 17, 2022 proposal.\1\ We proposed to conditionally approve
various revisions to the Colorado SIP that were submitted to the EPA in
two separate SIP submittals, which the EPA received on May 14, 2018,
and May 13, 2020. In particular, we proposed 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,\2\ February 24, 2021,\3\ and
November 5, 2021 \4\ rulemakings. The proposal describes the background
for this action, explains the revisions in detail, and the explains
rationale for the EPA's proposed actions.
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\1\ 87 FR 8997.
\2\ Final Rule, Approval and Promulgation of State
Implementation Plan Revisions; Colorado; Attainment Demonstration
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, and Approval of Related Revisions, 83 FR
31068, 31069-31072.
\3\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7 and RACT
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126-11127.
\4\ Final Rule, Approval and Promulgation of Implementation
Plans; Colorado; Revisions to Regulation Number 7;
Aerospace, Oil and Gas, and Other RACT Requirements for the 2008
8-Hour Ozone Standard for the Denver Metro/North Front Range
Nonattainment Area, 86 FR 61071, 61072.
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II. Comments
There were no comments received on the proposal.
III. Final Action
The EPA is conditionally approving 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 conditionally approving 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 conditionally approving
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.\5\ 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).
Now that we are finalizing our 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 \6\ and the two-year clock for a federal implementation
plan.\7\
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\5\ 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.
\6\ See CAA section 179(a)(2).
\7\ See CAA section 110(c)(1)(B).
Table 1--List of Colorado Revisions to Reg. 7 That the EPA Is
Conditionally Approving
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Revised Sections in May 14, 2018 and May 13, 2020 Submittals for
Conditional 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.-j. (renumbering).
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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).
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IV. 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
requirement 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 be adopted by the state after
reasonable notice and public hearing.
The Colorado SIP revisions that the EPA is conditionally approving
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.
V. 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.
To identify potential environmental burdens and susceptible
populations in the DMNFR area, a screening analysis was conducted using
the EJScreen \8\ tool to evaluate environmental and demographic
indicators within the area, based on available data from the Census
Bureau's American Community Survey. The results of this assessment are
discussed in detail in our February 17, 2022 proposal.\9\
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\8\ 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>.
\9\ 87 FR 8997.
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As explained in our February 17, 2022 proposal, we believe that
this action will not have disproportionately high or adverse human
health or environmental effects on communities with environmental
justice concerns, and will contribute to the increased protection of
those residing, working, attending school, or otherwise present in
those areas.
VI. Incorporation by Reference
In this document, the EPA is finalizing regulatory text in an EPA
final rule that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is incorporating by reference
Colorado AQCC Regulation 7 pertaining to the control of ozone via ozone
precursors and control of hydrocarbons from oil and gas emissions. 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). Therefore,
these materials have been approved by the EPA for inclusion in the SIP,
have been incorporated by reference by the EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of the EPA's conditional
approval, and will be incorporated by reference in the next update to
the SIP compilation.\10\
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\10\ 62 FR 27968 (May 22, 1997).
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VII. 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. 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
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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 9, 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. Add Sec. 52.319 to subpart G to read as follows:
Sec. 52.319 Conditional approval.
(a) The EPA is conditionally approving portions of the Colorado SIP
revisions submitted on May 14, 2018 and May 13, 2020. The conditional
approval is based upon the October 20, 2021 commitment from the State
to submit a SIP revision consisting of rule revisions that will cure
the identified deficiencies by June 30, 2022. If the State fails to
meet its commitment, the conditional approval will be treated as a
disapproval with respect to the rules and CTG category for which the
corrections are not met. The following are conditionally approved:
(1) Regulation number 7, Section XII.J.1. from the May 14, 2018
submittal and 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.-j. from the May 13, 2020 submittal.
(2) Colorado's determination that Reg. 7, Part D satisfies 2008
ozone NAAQS SIP RACT requirements for the following category, ``Control
Techniques Guidelines for the Oil and Natural Gas Industry'' EPA-453/B-
16-001, October 2016.
(b) [Reserved]
0
3. In Sec. 52.320:
0
a. In the table in paragraph (c), revise the entry for ``I. Volatile
Organic Compound Emissions from Oil and Gas Operations'' under the
heading ``5 CCR 1001-09, Regulation Number 7, Control of Ozone Via
Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, (Emissions
of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and
Natural Gas Operations''; and
0
b. In the table in paragraph (e), under the subheading ``Denver
Metropolitan Area'', add an entry for ``Reasonably Available Control
Technology for the 2008 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS) State Implementation Plan (RACT SIP)'' after the entry
``2008 Ozone Moderate Area Attainment Plan''.
The revision and addition read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
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State
Title effective EPA effective Final rule Comments
date date citation/date
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* * * * * * *
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5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
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I. Volatile Organic Compound 2/14/2020 6/13/2022 [insert Federal Previous SIP approval 2/
Emissions from Oil and Gas Register 13/2008. Substantive
Operations. citation], 5/13/ changes to Section XII;
2022. state-only provisions
excluded, approved 7/3/
2018. Substantive
changes approved 11/25/
2021 except no action
on Sections I.D., I.E.,
I.F. and I.J.1.
Conditional approval of
Sections I.D., I.E.,
I.F., and I.J.1. 5/13/
2022.
* * * * * * *
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(e) * * *
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State
Title effective EPA effective Final rule citation/ Comments
date date date
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* * * * * * *
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Denver Metropolitan Area
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* * * * * * *
Reasonably Available Control 11/21/2017 6/13/2022 [insert Federal Previous SIP
Technology for the 2008 8-Hour Register citation], approvals 7/03/2018,
Ozone National Ambient Air 5/13/2022. 2/24/202, and 11/05/
Quality Standard (NAAQS) State 2021. Conditional
Implementation Plan (RACT SIP). approval of oil and
gas RACT 5/13/2022.
* * * * * * *
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[FR Doc. 2022-10212 Filed 5-12-22; 8:45 am]
BILLING CODE 6560-50-P
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