Rule2024-15953
Air Plan Approval; Colorado; 2017 Base Year Inventory and Emission Statement Rule Marginal Nonattainment Requirements, Revisions to Regulation 3
Primary source
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Published
July 22, 2024
Effective
August 21, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving elements of state implementation plan (SIP) revisions submitted by the State of Colorado on July 27, 2020, March 22, 2021, and June 26, 2023, to meet certain Clean Air Act (CAA) requirements related to the Denver Metro/North Front Range (DMNFR) area's classification as Marginal nonattainment for the 2015 8-hour ozone national ambient air quality standards (NAAQS). The revisions contain a base year emissions inventory for the nonattainment area and certify that the State's existing Air Pollutant Emission Notice (APEN) program for stationary sources fulfills the CAA's emission statement rule requirement. The revisions also include a new requirement for annual certification of APEN reported emissions for certain stationary sources. Unrelated to Colorado's Marginal ozone nonattainment obligations, the EPA is also approving the State's revisions to Regulation Number 3 concerning an update to the date of incorporation by reference of global warming potentials used in the computation of the carbon dioxide equivalent for comparing emissions from various greenhouse gases (GHGs). The EPA is taking this action pursuant to the CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 140 (Monday, July 22, 2024)</title>
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[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 59000-59002]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15953]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0441; FRL-11837-02-R8]
Air Plan Approval; Colorado; 2017 Base Year Inventory and
Emission Statement Rule Marginal Nonattainment Requirements, Revisions
to Regulation 3
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of state implementation plan (SIP) revisions submitted by the
State of Colorado on July 27, 2020, March 22, 2021, and June 26, 2023,
to meet certain Clean Air Act (CAA) requirements related to the Denver
Metro/North Front Range (DMNFR) area's classification as Marginal
nonattainment for the 2015 8-hour ozone national ambient air quality
standards (NAAQS). The revisions contain a base year emissions
inventory for the nonattainment area and certify that the State's
existing Air Pollutant Emission Notice (APEN) program for stationary
sources fulfills the CAA's emission statement rule requirement. The
revisions also include a new requirement for annual certification of
APEN reported emissions for certain stationary sources. Unrelated to
Colorado's Marginal ozone nonattainment obligations, the EPA is also
approving the State's revisions to Regulation Number 3 concerning an
update to the date of incorporation by reference of global warming
potentials used in the computation of the carbon dioxide equivalent for
comparing emissions from various greenhouse gases (GHGs). The EPA is
taking this action pursuant to the CAA.
DATES: This rule is effective on August 21, 2024.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2023-0441. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://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="https://www.regulations.gov">https://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#5f333e313871323e2b2b373a281f3a2f3e71383029"><span class="__cf_email__" data-cfemail="4f232e212861222e3b3b272a380f2a3f2e61282039">[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 April
10, 2024 proposal (89 FR 25216). In that document we proposed to
approve elements of Colorado's Marginal ozone nonattainment SIP
submission, namely its 2017 base year emissions inventory and its
certification that its APEN reporting program and the addition of an
annual certification requirement meet the CAA's emission statement rule
requirements. We found that these two SIP elements were prepared in
accordance with the requirements of CAA sections 172(c)(3) and
182(a)(1) (for emissions inventories) and 182(a)(3)(B) (for emission
statement rules). We also proposed to approve revisions to Regulation
Number 3, including incorporation of updated global warming potentials
and the removal of outdated language. The EPA is finalizing its
proposed approval of the 2017 base year emissions inventory, emission
statement rule certification, and revisions to Regulation Number 3 that
were submitted by the State of Colorado.
II. Response to Comments
EPA held a 30-day comment period on the proposed rulemaking for
this action, beginning on April 10, 2024, and ending on May 10, 2024.
No comments were received.
III. Final Action
For the reasons described in our April 10, 2024 notice of proposed
rulemaking at 89 FR 25216, we are taking final action to approve
elements of Colorado's July 27, 2020, March 22, 2021, and June 26, 2023
SIP Submittals. Specifically, we are approving Colorado's 2017 base
year emissions inventory under CAA sections 172(c)(3) and 182(a)(1). We
are approving Colorado's certification of its APEN reporting program
(July 27, 2020 SIP Submittal) and the addition of the annual
certification requirement in section II.A.3. to Regulation Number 3,
Part A (June 26, 2023 SIP Submittal) as meeting the emission statement
rule requirements of CAA section
[[Page 59001]]
182(a)(3)(B). We are also approving certain revisions to Regulation
Number 3, Part A, specifically to the date of incorporation by
reference of global warming potentials in sections 1.B.10 and
1.B.44.b.(i) (March 22, 2021 and June 26, 2023 SIP Submittals) and to
the computation of the mass of carbon dioxide equivalent in section
1.B.44.b.(i) (June 26, 2023 SIP Submittal).
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of
Regulation Number 3, Part A as described in sections I. and III. of
this preamble and set forth below in the amendments to 40 CFR part 52.
The EPA has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://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
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. 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
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).
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.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
Colorado did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.
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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 20, 2024. 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: July 16 2024.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
[[Page 59002]]
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:
0
a. In the table in paragraph (c):
0
i. Revise the entries ``I. Applicability'' and ``II. Air Pollution
Emission Notice (APEN) Requirements'' under the center heading ``5 CCR
1001-05, Regulation Number 3, Part A, Concerning General Provisions
Applicable to Reporting and Permitting''.
0
b. In the table in paragraph (e):
0
i. Add the entry ``Ozone (8-hour, 2015) DMNFR 2017 Base Year
Inventory'' after the entry ``Reasonably Available Control Technology
for the 2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS)
Serious State Implementation Plan (RACT SIP)''.
The revisions and addition read as follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
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State EPA effective Final rule
Title effective date date citation/date Comments
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* * * * * * *
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5 CCR 1001-05, Regulation Number 3, Part A, Concerning General Provisions Applicable to Reporting and Permitting
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I. Applicability.............. 2/14/2023 [August 21, 2024] [insert Federal
Register
citation], 7/22/
2024.
II. Air Pollution Emission 2/14/2023 [August 21, 2024] [insert Federal
Notice (APEN) Requirements. Register
citation], 7/22/
2024.
* * * * * * *
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* * * * *
(e) * * *
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State EPA effective Final rule
Title effective date date citation/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 2/14/2023 [August 21, 2024] [insert Federal
2017 Base Year Inventory. Register
citation], 7/22/
2024.
* * * * * * *
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[FR Doc. 2024-15953 Filed 7-19-24; 8:45 am]
BILLING CODE 6560-50-P
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