Proposed Rule2024-17091
Air Plan Approval and Conditional Approval; Colorado; Regulation Numbers 7 and 21 and RACT Requirements for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area
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
August 6, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve and conditionally approve portions of a State Implementation Plan (SIP) submission from the State of Colorado dated May 3, 2024. The submission relates to Colorado Air Quality Control Commission (AQCC or Commission) Regulation Number 7 (Reg. 7) and Regulation Number 21 (Reg. 21), and addresses Colorado SIP obligations related to reasonably available control technology (RACT) requirements for sources in nonattainment areas for the 2008 ozone National Ambient Air Quality Standards (NAAQS). The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 151 (Tuesday, August 6, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Proposed Rules]
[Pages 63852-63860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17091]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2024-0225; FRL-12122-01-R8]
Air Plan Approval and Conditional Approval; Colorado; Regulation
Numbers 7 and 21 and RACT Requirements for the 2008 8-Hour Ozone
Standard for the Denver Metro/North Front Range Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve and conditionally approve portions of a State Implementation
Plan (SIP) submission from the State of Colorado dated May 3, 2024. The
submission relates to Colorado Air Quality Control Commission (AQCC or
Commission) Regulation Number 7 (Reg. 7) and Regulation Number 21 (Reg.
21), and addresses Colorado SIP obligations related to reasonably
available control technology (RACT) requirements for sources in
nonattainment areas for the 2008 ozone National Ambient Air Quality
Standards (NAAQS). The EPA is taking this action pursuant to the Clean
Air Act (CAA).
DATES: Written comments must be received on or before September 5,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2024-0225, 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="https://www.regulations.gov">https://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="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available electronically in
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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,
[[Page 63853]]
Denver, Colorado 80202-1129, telephone number: (303) 312-6563, email
address: <a href="/cdn-cgi/l/email-protection#4a2c3f263e2524642b2828330a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="1f796a736b7071317e7d7d665f7a6f7e31787069">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. What action is EPA proposing to take?
As explained below, EPA is proposing to approve and conditionally
approve various Colorado SIP provisions with respect to the adequacy of
reporting requirements that the State resubmitted on May 3, 2024. These
provisions were part of SIP submittals originally submitted by Colorado
on May 14, 2018; May 13, 2020; March 22, 2021; and May 20, 2022, to
address RACT requirements for purposes of the 2008 ozone NAAQS. EPA
previously finalized approvals, conditional approvals, limited
approvals, limited disapprovals, and disapprovals of different portions
of these submittals on May 9, 2023; \1\ November 7, 2023; \2\ and
December 8, 2023.\3\ As relevant to today's proposal, EPA previously
issued a limited approval/limited disapproval of certain SIP
provisions, with the limited disapproval portion applicable to the
adequacy of the reporting requirements associated with those provisions
in the May 9, 2023 action.\4\
---------------------------------------------------------------------------
\1\ Final rule, Air Plan Approval, Conditional Approval, Limited
Approval and Limited Disapproval; Colorado; Serious Attainment Plan
Elements and Related Revisions for the 2008 8-Hour Ozone Standard
for the Denver Metro/North Front Range Nonattainment Area, 88 FR
29827.
\2\ Final rule, Air Plan Approval and Disapproval; Colorado;
Serious Attainment Plan Elements and Related Revisions for the 2008
8-Hour Ozone Standard for the Denver Metro/North Front Range
Nonattainment Area, 88 FR 76676.
\3\ Final rule, Air Plan Disapproval; Colorado; RACT Elements
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front
Range Nonattainment Area, 88 FR 85511.
\4\ 88 FR 29827.
---------------------------------------------------------------------------
On May 3, 2024, the State of Colorado resubmitted portions of the
prior SIP submissions that were the subject of the limited disapproval
and also submitted a letter committing to undertake additional steps to
improve public access to regulatory compliance information and clarify
existing SIP reporting requirements (Commitment Letter).\5\ Based on
the additional information described in this letter, EPA is now
proposing to approve Colorado's Reg. 7 and Reg. 21 with respect to the
adequacy of reporting requirements for storage tank emission controls,
storage tank and wet seal centrifugal compressor control device
testing, consumer products, and architectural and industrial
maintenance (AIM) coatings. EPA is basing its proposed approval on the
additional information and clarification that the State provided
concerning the existing reporting requirements that apply to them.
Based on the additional information and commitments by the State to
make additional revisions, EPA is also proposing to conditionally
approve the adequacy of reporting requirements for metal parts and
metal products coatings, wood products coatings, combustion equipment
at major sources, and foam manufacturing. This proposed conditional
approval is based on the State's commitment to make further revisions
to the reporting requirements for these specific rules, and to submit
those revisions to EPA for approval into the SIP, to address the
deficiencies identified in the May 9, 2023 rulemaking that were the
basis for the limited disapproval.\6\
---------------------------------------------------------------------------
\5\ ``Resubmittal of SIP revisions following Reconsideration.
EPA Docket Nos.: EPA-R08-OAR-2022-0632; EPA-R08-OAR-2022-0857; and
FRL-10362-02-R8'' commitment letter. Available in the docket for
this action.
\6\ Id.
---------------------------------------------------------------------------
Under section 110(k)(4) of the CAA, the EPA may conditionally
approve a SIP submission 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 of the plan revision.\7\ If EPA finalizes the
proposed conditional approval of the identified Reg. 7 rules, the State
must meet its commitment to submit the necessary SIP revisions to EPA
by May 31, 2025.\8\ If the State fails to do so, this conditional
approval action would automatically become a disapproval on that date.
If the State submits timely SIP revisions but EPA finds the SIP
submittal to be incomplete, this conditional approval action would
become a disapproval on the date of EPA's incompleteness finding. In
either case, EPA would notify the State by letter that the conditional
approval has converted to a disapproval. The EPA subsequently would
publish a document in the Federal Register notifying the public that
the conditional approval was converted to a disapproval. EPA notes that
the provisions that we are proposing to conditionally approve are
already part of the SIP due to our May 9, 2023 limited approval. Thus,
in the event the conditional approval is converted to a disapproval,
the underlying SIP provisions that were the subject of the prior
limited approval/limited disapproval would remain in the SIP, but the
prior limited disapproval of those provisions with respect to the
adequacy of reporting requirements would return.
---------------------------------------------------------------------------
\7\ The provisions that we are proposing to conditionally
approve are already part of the SIP due to our May 9, 2023 limited
approval and thus are federally enforceable by the State and EPA,
notwithstanding concerns about the current reporting requirements
that may limit potential enforceability by others under CAA section
304 citizen suit authority.
\8\ See Commitment Letter, p. 13.
---------------------------------------------------------------------------
If we finalize this rulemaking as proposed, Colorado will have
corrected some of the deficiencies identified in our May 9, 2023
limited disapproval, and committed to correct the remaining
deficiencies as described in its Commitment Letter. We are concurrently
making an interim final determination to defer application of CAA
section 179 sanctions associated with our May 9, 2023 limited
disapproval. Consistent with applicable sanction regulations,\9\ EPA
will be making the interim final determination based on this proposal
to approve and conditionally approve SIP revisions from Colorado to
resolve the deficiencies that were the basis of our prior limited
disapproval that triggered sanctions. If this conditional approval
converts to a disapproval due to the State's failure to meet its
commitment, then the offset sanction under CAA section 179(b)(2) would
apply in the affected area on the later of: (1) the date when the
approval becomes a disapproval or EPA issues such a proposed or final
disapproval, whichever is applicable; or (2) December 9, 2024 (i.e. 18
months from the finding that started the original sanctions clock).\10\
Subsequently, the highway sanction under section 179(b)(1) would apply
in the affected area six months after the date the offset sanction
applies.\11\
---------------------------------------------------------------------------
\9\ 40 CFR 52.31(d)(2)(i).
\10\ See id. In this case, the finding that started the original
sanctions clock was the May 9, 2023 limited disapproval.
\11\ See id.
---------------------------------------------------------------------------
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 Commitment Letter, are in the docket, available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, Docket ID No. EPA-R08-OAR-2024-0225.
II. Background
2008 8-Hour Ozone NAAQS Nonattainment
On March 12, 2008, 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
[[Page 63854]]
years), to provide increased protection of public health and the
environment.\12\ 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.\13\ Effective July 20, 2012, EPA designated any
area that was violating the 2008 8-hour ozone NAAQS based on the three
most recent years (2008-2010) of air monitoring data as
nonattainment.\14\ In that action, EPA designated the Denver Metro/
North Front Range (DMNFR) Area as nonattainment and classified the area
as Marginal.\15\ 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.\16\ States with areas designated as nonattainment and
classified as Marginal were required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2015, based on 2012-2014 monitoring
data.\17\
---------------------------------------------------------------------------
\12\ 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).
\13\ 40 CFR 50.15(b).
\14\ Final rule, Air Quality Designations for the 2008 Ozone
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
\15\ Id. at 30110. The nonattainment area includes Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson
Counties, and portions of Larimer and Weld Counties. See 40 CFR
81.306.
\16\ 40 CFR part 50, appendix I.
\17\ See 40 CFR 51.903.
---------------------------------------------------------------------------
On May 4, 2016, EPA published its determination that the DMNFR
Area, among other areas, had failed to attain the 2008 8-hour ozone
NAAQS by the applicable Marginal area attainment deadline, and
accordingly reclassified the area as Moderate.\18\ Colorado submitted
SIP revisions to the EPA on May 31, 2017, to meet the requirements for
the Moderate classification in the DMNFR Area.\19\ Among the
requirements for Moderate areas, states must submit SIP provisions to
impose RACT level controls on relevant emission sources in the
nonattainment area. EPA took final action approving the majority of the
May 31, 2017 submittal on July 3, 2018, but deferred action on portions
of the Reg. 7 rules submitted by the state to meet RACT
requirements.\20\ On February 24, 2021, EPA took final action approving
additional measures as addressing Colorado's RACT obligations for
Moderate nonattainment areas.\21\ States with nonattainment areas
classified as Moderate were required to attain the 2008 8-hour ozone
NAAQS no later than July 20, 2018, based on 2015-2017 monitoring
data.\22\ On December 26, 2019, EPA published its determination that
the DMNFR Area, among other areas, had failed to attain the 2008 8-hour
ozone NAAQS by the applicable attainment deadline for Moderate areas,
and accordingly reclassified the area as Serious.\23\
---------------------------------------------------------------------------
\18\ 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).
\19\ CAA section 182, 42 U.S.C. 7511a, outlines SIP requirements
applicable to ozone nonattainment areas in each classification
category. Areas classified Moderate under the 2008 8-hour ozone
NAAQS had a submission deadline of January 1, 2017 for these SIP
revisions (81 FR 26699).
\20\ 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).
\21\ 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.
\22\ See 40 CFR 51.903.
\23\ 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.
---------------------------------------------------------------------------
EPA's May 9, 2023 Final Rule
On May 9, 2023, EPA took final action approving portions of the
2008 8-hour ozone Serious area attainment plan for the DMNFR Area
submitted by the State of Colorado on March 22, 2021, and portions of
additional SIP submissions made by the State related to those
requirements on May 8, 2019, May 13, 2020, March 22, 2021, May 18,
2021, and May 20, 2022.\24\ The State made these SIP submissions to
meet Serious ozone nonattainment plan requirements for the DMNFR Area,
to address RACT requirements for certain source categories in the DMNFR
Area, and to adopt volatile organic compounds (VOC) standards for
consumer products and architectural and industrial maintenance
coatings. In the May 9, 2023 action, EPA also finalized a limited
approval and limited disapproval of parts of the SIP submissions made
on May 14, 2018, May 13, 2020, March 22, 2021, May 18, 2021, and May
20, 2022, with respect to certain RACT categories,\25\ and finalized a
limited conditional approval and limited disapproval of specific
provisions intended to meet RACT requirements.\26\
---------------------------------------------------------------------------
\24\ 88 FR 29827, table 1, 29829-29830 (May 9, 2023).
\25\ Id. at 29830-29831, table 2 (listing portions subject to
limited approval and limited disapproval), table 3 (RACT
categories).
\26\ Id. at 29830-29831, table 3. All other portions of the May
9, 2023 final rule were effective as of June 8, 2023, and remain in
effect.
---------------------------------------------------------------------------
The limited disapproval portions of the May 9, 2023 final rule
resulted from the Agency's determination that although the rules met
RACT requirements with respect to stringency, they lacked adequate
periodic reporting requirements as required under the CAA and EPA
regulations. Section 110 of the CAA includes several subsections
requiring that a state's SIP provisions be enforceable, and that states
require reporting from sources. Under section 110(a)(2)(A), state SIPs
must ``include enforceable emission limitations and other control
measures, means, or techniques * * * as may be necessary or appropriate
to meet the applicable requirements of this chapter.'' Further, section
110(a)(2)(C) requires SIPs to ``include a program to provide for the
enforcement of the measures described in subparagraph (A).''
Typically, a primary mechanism for ensuring that a SIP provision is
legally and practicably enforceable is for a state to impose sufficient
monitoring, recordkeeping, and reporting (MRR) requirements on affected
sources. Section 110(a)(2)(F)(ii) speaks more explicitly to source
reporting by requiring SIPs to ``require periodic reports on the nature
and amounts of emissions and emissions-related data,'' as may be
prescribed by EPA. EPA has promulgated regulations implementing section
110(a)(2)(F) requirements at 40 CFR 51.211(a), which requires state
SIPs to provide for periodic reports to the state on the nature and
amount of emissions from stationary sources. EPA notes that reporting
requirements serve multiple purposes, including promoting transparency,
providing deterrence against violations, and supporting effective
enforcement of SIP requirements. A lack of adequate reporting
requirements can undermine citizens' ability to participate in the
enforcement of the SIP as authorized and provided for in CAA section
304. As explained in our May 9, 2023 action, EPA concluded that the
rules subject to the limited disapproval did not ``include sufficient
reporting requirements to ensure that citizens will be able to enforce
the SIP requirements,
[[Page 63855]]
as is necessary under the CAA and EPA regulations.'' \27\
---------------------------------------------------------------------------
\27\ 88 FR at 29828.
---------------------------------------------------------------------------
On July 10, 2023, the State submitted a Petition for
Reconsideration asking EPA to reconsider the limited disapproval
portions of the May 9, 2023 final rule. EPA responded to the Petition
for Reconsideration in a letter dated August 31, 2023, informing the
State that EPA was granting the petition as to the limited disapproval
portions of the May 9, 2023 final rule.\28\ Since granting the petition
for reconsideration, EPA has offered Colorado the opportunity to
explain more fully how the State's regulations provide for adequate
reporting, to inform EPA of various actions taken by the Colorado Air
Pollution Control Division (Division) to enhance access to public
records and information, and to consider what changes to existing
regulations would improve reporting requirements to address
deficiencies. As a result of these discussions, Colorado has
resubmitted Reg. 7 and Reg. 21 with additional explanations to support
proposed approval of some provisions and a commitment to make changes
to support proposed conditional approval of others.
---------------------------------------------------------------------------
\28\ See letter from EPA Regional Administrator KC Becker to
Colorado Attorney General Phil Weiser (Aug. 31, 2023), in the docket
for this action.
---------------------------------------------------------------------------
III. Summary of State's SIP Submittals
In this action, we are evaluating Colorado's May 3, 2024 SIP
submittal intended to address reporting requirements in response to the
May 9, 2023 limited disapproval. In this submittal, the State explained
why some of the SIP provisions subject to the limited disapproval have
adequate reporting requirements, and made a commitment to add reporting
requirements for the other SIP provisions subject to the limited
disapproval. The portions of the original SIP submittals that the State
has resubmitted for EPA's evaluation with respect to reporting
requirements are described below.
May 14, 2018 Submittal
This submittal contained 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 implement RACT for oil and gas sources covered
by the EPA's 2016 Oil and Gas Control Techniques Guidelines (CTG).\29\
We previously acted on this SIP submittal,\30\ which included
finalizing a limited disapproval of Reg. 7, section XII.J.1.,
concerning centrifugal compressors.
---------------------------------------------------------------------------
\29\ Control Techniques Guidelines for the Oil and Natural Gas
Industry, EPA-453/B-16-001 (Oct. 2016).
\30\ 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 (Nov. 5, 2021) and 88 FR 29827 (May 9, 2023).
---------------------------------------------------------------------------
May 13, 2020 Submittals
On May 13, 2020, the State made two SIP submittals. One of the
submittals included a full reorganization of Reg. 7 into parts A-E,
amended oil and gas storage tank requirements, updated RACT
requirements for major sources of VOC and nitrogen oxides
(NO<INF>X</INF>) in the DMNFR Area, updated requirements for gasoline
transport truck testing and vapor control systems, and included
typographical, grammatical, and formatting corrections throughout. We
previously acted on this SIP submittal,\31\ including finalizing a
limited disapproval of Reg. 7, part D, sections I.D., I.E., and I.F.
concerning storage tanks and section I.J.1. concerning centrifugal
compressors.
---------------------------------------------------------------------------
\31\ 86 FR 61071 (Nov. 5, 2021) and 88 FR 29827 (May 9, 2023).
---------------------------------------------------------------------------
The second submittal contained a new Reg. 21 to limit the VOC
content in consumer products and in AIM coatings manufactured,
distributed, or sold in the DMNFR Area. Specifically, this rule adopted
VOC standards in the Ozone Transport Commission (OTC) AIM coatings
model rule phase 2 (2014) and VOC standards in the OTC consumer
products model rule phase 4 (2013). Reg. 21 included definitions,
exemptions, labeling, and recordkeeping provisions based on the OTC
model rules. We previously acted on this SIP submittal,\32\ including a
limited disapproval of Reg. 21, parts A and B.
---------------------------------------------------------------------------
\32\ 88 FR 29827 (May 9, 2023).
---------------------------------------------------------------------------
March 22, 2021 Submittal
This submittal contained the State's Serious ozone attainment plan
and revisions to Reg. 7 to include RACT requirements in Colorado's
ozone SIP for major sources that emit 50 tons per year (tpy) or more of
VOC and/or NO<INF>X</INF>. The Reg. 7 revisions included expanding
categorical requirements to reduce VOC emissions related to wood
surface coatings in part C, section I.O.; adding NO<INF>X</INF>
emission limits for turbines, boilers, and landfill or biogas engines
in part E, section II.; and adding categorical requirements to reduce
VOC emissions related to foam manufacturing in part E, section V. The
State also made non-substantive typographical, grammatical, and
formatting corrections to Reg. 7. We previously acted on this SIP
submittal,\33\ including a limited approval/limited disapproval of Reg.
7, part C, section I.O. concerning wood products coatings and part E,
sections II.A. and V. concerning RACT rules for combustion equipment
and foam manufacturing. The limited disapproval was only with respect
to the adequacy of source reporting requirements.
---------------------------------------------------------------------------
\33\ 88 FR 29827 (May 9, 2023), 88 FR 76676 (Nov. 7, 2023), and
88 FR 85511 (Dec. 8, 2023).
---------------------------------------------------------------------------
May 20, 2022 Submittals
One of the State's May 20, 2022 submittals contained amendments to
Reg. 7 that establish categorical RACT requirements for major sources
of NO<INF>X</INF> and sources covered by the miscellaneous metal parts
coatings CTG in the DMNFR Area. Specifically, on July 16, 2021, the
AQCC adopted RACT requirements in part C, section I. for miscellaneous
metal parts coatings and part E, section II. RACT requirements for
process heaters at major sources of NO<INF>X</INF> emissions. The State
also made non-substantive typographical, grammatical, and formatting
corrections to Reg. 7.
The other May 20, 2022 submittal contained revisions concerning
RACT requirements for oil and gas sources. Specifically, on December
17, 2021, the AQCC adopted revisions to Reg. 7, part D, section I. for
performance or manufacturer testing for combustion equipment used to
control emissions from storage vessels and wet seal centrifugal
compressors.
We previously acted on these May 20, 2022 SIP submittals,\34\
including a limited approval/limited disapproval of Reg. 7, part C,
section I.L. pertaining to metal parts and product coatings; part D,
sections I.E. and I.J. pertaining to inspections of and performance
testing for storage tanks and centrifugal compressors; and part E,
section II. pertaining to combustion equipment rules. The limited
disapproval was only with respect to the adequacy of source reporting
requirements.
---------------------------------------------------------------------------
\34\ 88 FR 29827 (May 9, 2023) and 88 FR 76676 (Nov. 7, 2023).
---------------------------------------------------------------------------
IV. Procedural Requirements
The CAA requires that states meet certain procedural requirements
before submitting a SIP submittal to the EPA, including the requirement
that states adopt SIP revisions after reasonable notice and public
hearing.\35\ In our November 9, 2022 proposed and May 9, 2023 final
actions, we determined that Colorado had satisfied this requirement
with respect to the SIP provisions that
[[Page 63856]]
the State has resubmitted again for consideration here. For additional
background, see the November 9, 2022 proposed and May 9, 2023 final
rules. We had previously acted on the State's May 14, 2018; May 13,
2020; March 22, 2021; and May 20, 2022 submittals, but in this action,
EPA is evaluating Colorado's May 3, 2024 SIP submittal intended to
address reporting requirements in response to the May 9, 2023 limited
disapproval. In this submission, the State has resubmitted the SIP
provisions described above, explained why it has adequate reporting
requirements for some of those SIP provisions, and made a commitment to
add reporting requirements for the other SIP provisions.
---------------------------------------------------------------------------
\35\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2).
---------------------------------------------------------------------------
V. EPA's Evaluation of SIP Control Measures in Light of New Information
Submitted to EPA by the State of Colorado in the Commitment Letter
In this proposed action, we are evaluating Colorado's May 3, 2024
SIP submittal, which was intended to address reporting requirements in
response to the May 9, 2023 limited disapproval, for the limited
purpose of considering whether the submitted SIP provisions include
reporting requirements that are adequate to comply with relevant
requirements of CAA section 110 (as outlined in section II. of this
document) and EPA regulations at 40 CFR 51.211(a). This consideration
includes assessing whether the reporting requirements are sufficient to
make the submitted SIP provisions legally and practicably enforceable
by citizens.
Our proposed approval and conditional approval of the respective
SIP provisions in today's action does not otherwise alter our previous
determination that these rules implement RACT with respect to the
sources covered by the rules, but for the specified deficiencies in
reporting requirements identified in the limited disapproval. We are
taking comment on today's proposal for 30 days. Any comments on this
proposal should address only our proposed approval and conditional
approval with respect to reporting requirements.
In the May 9, 2023 limited disapproval, we noted that the
provisions at issue only required facilities to provide records to the
state upon request of the state. In other words, these rules did not
require sources to make any other periodic report related to compliance
with the applicable provisions. We determined that this is inconsistent
with CAA and regulatory requirements and undermines citizen
enforceability of the specified rules. To address EPA's limited
disapproval with respect to the absence of periodic reporting
requirements, Colorado submitted a commitment letter to EPA on May 3,
2024. The Commitment Letter describes the process the State undertook
to identify existing adequate reporting requirements for some of the
SIP provisions subject to the limited disapproval, as well as a
commitment to add adequate reporting provisions to the other SIP
provisions subject to the limited disapproval. In this action, we are
proposing to determine that the State has provided adequate information
and made the requisite commitments to make further changes to its rules
that would ensure compliance with the relevant CAA provisions under
section 110 and EPA regulations, and to allow for citizen
enforceability of these rules under CAA section 304, so long as the
State fulfills its commitments as described in the Commitment Letter.
In evaluating what additional revisions might be appropriate to
address EPA's limited disapproval, Colorado focused on three concepts
to ensure public access to information necessary to evaluate compliance
with SIP emission limitations: (1) the frequency of reporting; (2) the
content of the information reported; and (3) public access to the
reported information. More specifically, Colorado focused on three
questions: (1) does the SIP require sources to report information
necessary to evaluate compliance on a periodic basis?; (2) is the
content of the information reported sufficient for a member of the
public to evaluate whether the source is in compliance with applicable
SIP emission limits?; and (3) can a member of the public access the
requisite reported information? In general, EPA agrees with Colorado's
approach of considering the three concepts of frequency, content, and
public access to the information, as a useful approach to assess
reporting requirements, based on the facts and circumstances related to
a given SIP provision, such as the affected sources, form of the
emission limitation, and other relevant considerations. Based upon
EPA's evaluation of Colorado's May 3, 2024 SIP submission, which
includes additional information submitted by the State and Colorado's
commitment to revise certain rules, we are now proposing to approve
some of the SIP provisions and to conditionally approve the other SIP
provisions that were previously subject to the limited disapproval, as
described below.
Metal Parts and Metal Product Rules, Reg. 7, Part C., Section I.L.
Reg. 7, part C, section I. contains rules for surface coating
operations.\36\ Section I.L. includes metal parts and metal products
rules and applies to major and minor sources of VOC in the DMNFR Area.
The rules require sources to use products that comply with VOC content
limits listed in tables 1 and 2 of the regulation. The recordkeeping
provisions in Reg. 7, part C., section I.L.5. currently require
applicable records to be maintained for five years and made available
to the Division upon request.
---------------------------------------------------------------------------
\36\ Reg. 7, part C SIP-approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
In its May 3, 2024 letter, the State clarifies that at least every
five years, sources subject to metal parts and product rules must
submit Air Pollution Emission Notices (APENs) that include records of
the products used by the source. SIP-approved Reg. 3, part A, section
II. requires that APENs specify the nature of the facility, process, or
activity, and include an estimate of the annual actual emissions,
including emission controls.\37\ APENs are required for sources in a
nonattainment area with uncontrolled actual emissions of criteria
pollutants (including the ozone precursors VOC and NO<INF>X</INF>) of
one ton per year or more, and an affected source must submit them at
least once every five years. Revised APENs must also be submitted by
sources when various conditions occur, including when a significant
change in annual actual emissions occurs, when new control equipment is
installed, and when a permit limitation must be modified. Sources
subject to section I.L.5. are required to list their most commonly used
products on their APENs with enough specificity to enable the public to
find the VOC content of those products. APENs are publicly available
through the Division's Public Records Portal.\38\
---------------------------------------------------------------------------
\37\ SIP approved Reg. 3 APEN requirements can be found at
<a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
\38\ See <a href="https://oitco.hylandcloud.com/CDPHERMPublicAccess/index.html">https://oitco.hylandcloud.com/CDPHERMPublicAccess/index.html</a>.
---------------------------------------------------------------------------
In its Commitment Letter, Colorado also expresses concerns about
EPA's statement regarding a potential director's discretion issue
related to the APEN program in our response to comments in the May 9,
2023 final action.\39\ In this document, we clarify
[[Page 63857]]
that the statement was intended to explain why we did not view the APEN
program as sufficient by itself to provide adequate reporting
requirements for the relevant rules subject to the limited disapproval.
We did not intend to suggest that the APEN program itself creates a
problematic director's discretion issue, or that the information
required to be submitted through APENs in SIP-approved Reg. 3 is itself
problematic. Rather, EPA intended the statement to be specific to the
point addressed in that response to comments, and to whether the APEN
program could sufficiently address the periodic reporting requirement
deficiencies identified in the relevant regulations that resulted in
the limited disapproval.
---------------------------------------------------------------------------
\39\ See EPA, Response to Comments for the Federal Register
Notice on Air Plan Approval; Colorado; Serious Attainment Plan
Elements and Related Revisions for the 2008 8-Hour Ozone Standard
for the Denver Metro/North Front Range Nonattainment Area (Apr. 25,
2023) (``Response to Comments''), at 48.
---------------------------------------------------------------------------
In its Commitment Letter, Colorado provided additional information
about the APEN program, and has committed to incorporate additional
reporting requirements for the metal parts and metal products source
category. In particular, because the APEN list of products used by a
source might not be entirely comprehensive and a change in products
used might not trigger the submittal of a revised APEN under Reg. 3
(and which therefore might result in the APEN not being updated until
the 5-year expiration of the previous notice), Colorado has committed
to SIP revisions that will require sources to report information
necessary to evaluate compliance on a periodic basis through, at a
minimum, annual reports.\40\ The content of the information reported
through the semi-annual or annual reports will include information on
VOC content limits of products used such that the public can access the
information necessary to evaluate compliance with the applicable SIP
emission limits in section I.L. A member of the public will be able to
access the requisite reported information through the Division's Public
Records Portal.\41\ Accordingly, we are proposing to find that the
revisions to which the State has committed would address the
deficiencies identified in our May 9, 2023 limited disapproval, and we
propose to conditionally approve Reg. 7, part C, section I.L.
---------------------------------------------------------------------------
\40\ Commitment Letter, p. 5.
\41\ Colorado's Commitment Letter also lists other ways the
public has access to reporting information. Colorado May 3, 2024
letter to EPA, p. 2-3.
---------------------------------------------------------------------------
Wood Products Coating Rules, Reg. 7, Part C., Section I.O.
Reg. 7, part C., section I.O. includes wood products coating rules
applicable to major stationary sources of VOC emissions in the DMNFR
Area.\42\ The rules require sources to use products that comply with
VOC content limits in section I.O.3. The recordkeeping provisions in
section I.O.5. require applicable records to be maintained for five
years and to be made available to the Division upon request.
---------------------------------------------------------------------------
\42\ Reg. 7, part C SIP approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
In its Commitment Letter, the State clarifies that sources subject
to wood products coating rules are subject to requirements for
mandatory periodic reporting of certain information under state law for
APEN filing requirements and under federal law for Title V reporting,
such as deviations from emission limits. Sources must also submit an
APEN to the State at least every five years, reporting the products
used, among other things. These APENs are publicly available through
the Division's Public Records Portal. Nonetheless, to help ensure that
the public will be able to sufficiently evaluate whether sources are
using products compliant with the VOC content limit in section I.O.3.,
and to ensure that the information is reasonably current (i.e., updated
more frequently than every 5 years), Colorado has committed to SIP
revisions that will require sources to report information necessary to
evaluate compliance on a periodic basis through, at a minimum, semi-
annual reports.\43\ The content of the information reported through the
semi-annual reports will include information on VOC content limits of
products used such that the public can access the information necessary
to evaluate compliance with the applicable SIP emission limits in
section I.O. A member of the public will be able to access the
requisite reported information through the Division's Public Records
Portal. Accordingly, we are proposing to find that the revisions to
which the State has committed would address the deficiencies identified
in our May 9, 2023 limited disapproval, and we propose to conditionally
approve Reg. 7, part C., section I.O.
---------------------------------------------------------------------------
\43\ Commitment Letter, p. 5.
---------------------------------------------------------------------------
Combustion Equipment Rules, Reg. 7, Part E, Section II
Reg. 7, part E, section II. includes regulations for combustion
equipment located at major sources of NO<INF>X</INF> emissions in the
DMNFR Area.\44\ These rules require sources to comply with
NO<INF>X</INF> emission limits and combustion tuning requirements. The
recordkeeping provisions in SIP-approved Reg. 7, part E, section
II.A.7. require that affected sources keep records for a period of five
years and make them available to the Division upon request.
Additionally, as the State clarifies in the Commitment Letter, most of
the subject combustion equipment is also subject to either continuous
emissions monitoring or performance testing requirements, with
corresponding reporting of excess emissions and performance testing.
For example, the State explains that SIP-approved section II.A.8.
requires sources that demonstrate compliance with emission limits in
section II.A.4. using continuous emissions monitoring systems (CEMS) or
continuous emissions rate monitoring systems (CERMS) to submit
quarterly or semi-annual excess emissions reports to the Division. For
units demonstrating compliance with section II.A.4 using performance
testing, the State explains that sources must submit performance test
reports to the Division within 60 days after completion of the
performance test program. Under state law and the CAA Title V
permitting program, the State further explains that sources are also
subject to requirements for periodic reporting of certain information,
such as deviations from emissions limitations. This information is
publicly available through the Division's Public Records Portal. These
specific reporting provisions were not the subject of the EPA limited
disapproval. That limited disapproval applied to sources covered by the
rule that are subject to combustion process adjustment requirements but
did not have associated CEMS/CERMS or performance testing requirements.
---------------------------------------------------------------------------
\44\ Reg. 7, part E SIP approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
To help ensure that members of the public will be able to evaluate
compliance with the applicable emissions limitations, particularly with
respect to sources not also subject to CEMS/CERMS or performance
testing requirements, the State has committed to SIP revisions that
will require sources to submit periodic reports containing information
necessary to evaluate compliance.\45\ The content of the information
reported will include information with respect to sources not also
subject to continuous monitoring or performance testing such that the
public can access the information necessary to evaluate compliance with
all of the applicable SIP emission limitations in Reg. 7, part E,
section II. A member of the public will be able to access the
[[Page 63858]]
requisite reported information through the Division's Public Records
Portal. Accordingly, we are proposing to find that the revisions to
which the State has committed would address the deficiencies identified
in our May 9, 2023 limited disapproval, and we propose to conditionally
approve Reg. 7, part E, section II.
---------------------------------------------------------------------------
\45\ Commitment Letter, p. 2-3.
---------------------------------------------------------------------------
Foam Manufacturing Rules, Reg. 7, Part E, Section V
Reg. 7, part E., section V. includes regulations for foam
manufacturing operations located at major sources of VOC emissions in
the DMNFR Area.\46\ The rules require sources to comply with VOC
emission limits in section V.A.4. The recordkeeping provisions in
section V.A.7. require that affected sources keep records for a period
of five years and make them available to the Division upon request.
---------------------------------------------------------------------------
\46\ Reg. 7, part E SIP approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
The State's Commitment Letter clarifies that these sources are also
subject to periodic reporting of certain information, including
deviations from emissions limits such as pounds of VOC per material
used, under the CAA federal Title V permitting program and state law.
Colorado also explains that as to performance tests on emission control
equipment that are required in Reg. 7, part E, section V.A.6., subject
sources must submit test reports to the Division within 30 days of the
performance tests, per SIP-approved requirements in the Common
Provisions,\47\ and that these reports are publicly available through
the Division's Public Records Portal.
---------------------------------------------------------------------------
\47\ See section II.C.1. SIP-approved Common Provisions can be
found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>. See also May 15,
2024 email from Leah Martland, Colorado Air Pollution Control
Division, to Abby Fulton, EPA, ``Request On Commitment Letter to
EPA'' verifying the SIP-approved citation and explanation that the
thirty day time period is specified in the Division's Compliance
Test Manual (see page 9), which is available at <a href="https://cdphe.colorado.gov/compliance-and-enforcement">https://cdphe.colorado.gov/compliance-and-enforcement</a>.
---------------------------------------------------------------------------
To help ensure that members of the public will be able to
sufficiently evaluate source compliance with applicable emission
limits, the SIP revisions that Colorado has committed to make as
described in the Commitment Letter will require sources to report
information necessary to evaluate compliance on a periodic basis
through semi-annual reports.\48\ The content of the information
reported through the semi-annual reports will include information on a
pounds of VOC per material used basis such that the public can access
the information necessary to evaluate compliance with the applicable
SIP emission limits in section V. A member of the public will be able
to access the requisite reported information through the Division's
Public Records Portal.\49\ Accordingly, we are proposing to find that
the revisions to which the State has committed would address the
deficiencies identified in our May 9, 2023 limited disapproval, and we
propose to conditionally approve Reg. 7, part E., section V.
---------------------------------------------------------------------------
\48\ Commitment Letter, p. 7.
\49\ See p. 2-3 of the Commitment Letter for a description of
ways the public can access records and information.
---------------------------------------------------------------------------
Inspections of and Performance Testing for Storage Tanks and
Centrifugal Compressors, Reg. 7, Part D, Sections I.E. and
I.J.<SUP>50</SUP>
---------------------------------------------------------------------------
\50\ Previously Reg. 7, sections XII.E. and XII.J.
---------------------------------------------------------------------------
Reg. 7, part D., sections I.E. and I.J. include regulations for
inspections and performance testing for storage tanks and centrifugal
compressors located at major and minor VOC oil and gas exploration and
production operations, natural gas compressor stations, and natural gas
drip stations in the DMNFR Area.\51\ The rules require sources to
comply with SIP emission limitations, including combustion efficiency
requirements for storage tank controls in I.D.3.a.(i) and performance
testing requirements for enclosed combustion devices in sections I.E.3.
and I.J.1.h.
---------------------------------------------------------------------------
\51\ Reg. 7, part D SIP approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
The State's Commitment Letter explains how members of the public
can obtain information on a periodic basis with the relevant content to
evaluate compliance with storage tank emission limitations and any
enclosed combustion device testing for the specified tanks or
compressors. The State explains that owners or operators of storage
tanks must conduct weekly inspections and submit an annual report to
the Division with information in section I.F.3.c. to demonstrate
compliance with the 95% VOC emission control strategy.\52\ The State
further explains that this reporting must include a list of all storage
tanks controlled pursuant to this rule, the monthly VOC emissions and
emission factor, and the control efficiency for air pollution control
equipment for each storage tank. Sources must also submit APENs at
least every five years for storage tanks with uncontrolled actual VOC
emissions equal to or greater than one ton per year. In the APENs,
owners or operators report, among other information, actual annual
emissions and control device efficiency. These annual reports and APENs
are available to the public in the Division's Public Records Portal.
---------------------------------------------------------------------------
\52\ Reg. 7, part D., section I.F.3.a.
---------------------------------------------------------------------------
In the Commitment Letter, Colorado also explains that section
I.E.3.a. requires owners or operators of storage vessels with the
potential for VOC emissions equal to or greater than six tons per year
to conduct performance testing of the control device used to reduce
emissions at least every five years. Section I.J.1.h. requires that
combustion devices used to reduce VOC emissions from wet seal fluid
degassing systems on wet seal centrifugal compressors be tested at
least every five years.\53\ For storage vessels and wet seal
centrifugal compressors subject to sections I.E.3.a. and I.J.1.h., the
State explains that the federal testing requirements in 40 CFR 60.5413a
that Colorado has incorporated by reference into its SIP include
periodic reporting requirements.\54\ Colorado further explains that
these testing requirements include performance testing of control
devices used to reduce VOC emissions from storage vessels and wet seal
fluid degassing systems on wet seal centrifugal compressors.
---------------------------------------------------------------------------
\53\ The applicability threshold for performance testing of
control devices for storage vessels and wet seal centrifugal in
sections I.E.3.a. and I.J.1.h. is the same for control devices
subject to NSPS OOOOa performance testing.
\54\ See initial performance test reporting requirements in
Sec. 60.5413a(b)(5)(i)-(ii), reporting requirements of periodic
performance tests in Sec. Sec. 60.5420a(b)(9) and 60.5413a(d)(12),
and reporting requirements for control devices tested by the
manufacturer in Sec. Sec. 60.5420a(b)(10) and 60.5413a(e)-(e)(1).
---------------------------------------------------------------------------
Colorado also explains that the provisions in EPA's New Source
Performance Standards (NSPS) OOOOa, incorporated into the SIP and
applicable to any existing or new storage vessel or wet seal
centrifugal compressor subject to the rule, requires owners or
operators to submit performance test reports on a periodic basis.
Accordingly, based on the additional information and clarification
provided by the State in the Commitment Letter that NSPS OOOOa
provisions for submitting performance test reports to EPA on a periodic
basis have been incorporated into the SIP and that a member of the
public will be able to access the requisite reported information
through EPA,\55\ we are now proposing to approve the provisions in
sections I.E. and I.J. with respect to the adequacy of reporting
requirements.
---------------------------------------------------------------------------
\55\ Performance test information submitted through EPA's
Central Data Exchange (<a href="https://cdx.epa.gov/">https://cdx.epa.gov/</a>) is available to the
public. See 40 CFR 60.5420a(b)(9).
---------------------------------------------------------------------------
[[Page 63859]]
Consumer Products and Architectural and Industrial Maintenance (AIM)
Coatings Rules, Reg. 21, Parts A and B
Reg. 21, parts A and B include regulations for consumer products
and AIM coatings.\56\ The rules apply to any person who sells,
supplies, offers for sale, distributes for sale, or manufactures for
sale consumer products in Colorado. Reg. 21 also applies to any person
who supplies, sells, offers for sale, or manufacturers any AIM coating
in Colorado and any person who applies or solicits the application of
any AIM coating in Colorado. While these requirements apply statewide
in Colorado, for purposes of federal applicability in Colorado's SIP,
these requirements are only included in the SIP for sources in
Colorado's ozone nonattainment area. The rules require affected
entities to comply with the VOC content limits for consumer products in
part A, table 1 and AIM coatings in part B, table 1. Container labeling
requirements for consumer products are in part A, section III., and
provide, among other things, that labels must include the date the
product was manufactured or a date code representing the date of
manufacture. Container labeling requirements for AIM coatings are in
part B, section III., and provide, among other things, that labels must
include the date the coating was manufactured or a date code
representing the date of manufacture, and the applicable emission
limitation (e.g., VOC content in grams per liter of coating).
---------------------------------------------------------------------------
\56\ Reg. 21 SIP approved rules can be found at <a href="https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip">https://www.epa.gov/air-quality-implementation-plans/epa-approved-statutes-and-regulations-colorado-sip</a>.
---------------------------------------------------------------------------
In the State's Commitment Letter, Colorado explains how members of
the public can obtain information to assess compliance with the VOC
content limits through existing publicly available means.\57\ Colorado
has provided additional explanation about how already available
information such as product labels, manufacturer websites, safety data
sheets, and product testing give the public a way to evaluate a
consumer product or AIM coating's compliance with emission limits in
Reg. 21. Based on the availability of this information, the State has
indicated why additional reporting requirements for the State's version
of the AIM rule, unlike the federally applicable AIM rule, would not
require any additional periodic source reporting requirements to make
it enforceable. For these reasons, EPA proposes to agree that no
additional reporting is needed with respect to this SIP provision.
Accordingly, after considering all the information provided in the
Commitment Letter, EPA is now proposing to approve the Reg. 21
provisions with respect to the adequacy of reporting.
---------------------------------------------------------------------------
\57\ Commitment Letter, p. 11.
---------------------------------------------------------------------------
VI. Proposed Action
For the reasons explained above, EPA proposes to conditionally
approve revisions to metal parts and metal products coatings rules in
Reg. 7, part C, section I.L.; wood products coatings rules in Reg. 7,
part C, section I.O.; rules for combustion equipment at major sources
in Reg. 7, part E, section II.; and rules for foam manufacturing
operations in Reg. 7, part E, section V. as described in the State's
Commitment Letter. We also propose to fully approve storage tank
emission control and storage tank and wet seal centrifugal compressor
control device testing requirements for oil and gas exploration and
production operations, natural gas compressor stations, and natural gas
drip stations in the DMNFR Area in Reg. 7, part D., sections I.E. and
I.J., and consumer products and AIM coatings rules in Reg. 21, which
were previously subject to our May 9, 2023 limited disapproval based on
the additional information that the State has provided.
VII. 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 provisions that
the EPA is proposing to approve and to conditionally approve in this
action do not interfere with any applicable requirements of the Act. In
the case of those for which EPA is proposing approval, the State has
provided additional information and explanation concerning how the
existing provisions require reporting sufficient to meet CAA
requirements. In the case of those for which EPA is proposing
conditional approval, the State is committing to adopt and submit
additional reporting obligations on sources that EPA anticipates will
meet CAA requirements. Thus, EPA is proposing to find that the approval
and conditional approval of the State's May 3, 2024 SIP submission is
consistent with section 110(l). Colorado's submittals provide adequate
evidence that the provisions were adopted after reasonable public
notice and hearings. Therefore, EPA proposes to determine the CAA
section 110(l) requirements are satisfied.
VIII. Environmental Justice Considerations
As discussed in our May 9, 2023 final rule, the EPA reviewed
demographic data, which provides an assessment of individual
demographic groups of populations living within the DMNFR Area. The EPA
then compared the data to the national averages for each of the
demographic groups. The results of this analysis are being provided for
informational and transparency purposes. The results of the demographic
analysis indicate that for populations within the DMNFR Area, there are
census block groups in which the percentage of people of color (persons
who reported their race as a category other than White alone and/or
Hispanic or Latino) is greater than the national average of 39%, with
some census block groups ranking above the 80th percentile.\58\ There
are also census block groups within the DMNFR Area where the percentage
of low-income population is above the national average of 33% with some
census block groups ranking above the 80th percentile.\59\
---------------------------------------------------------------------------
\58\ See ``EJSCREEN Maps'' pdf, available within the docket.
\59\ Id.
---------------------------------------------------------------------------
This proposed action is intended to ensure that certain Colorado
regulations have adequate reporting requirements or other mechanisms to
make them legally and practicably enforceable, in accordance with the
citizen suit provision of CAA section 304. We expect that this action
will generally be neutral or (combined with the anticipated final
action) contribute to reduced environmental and health impacts on all
populations in the DMNFR Area, including people of color and low-income
populations. At a minimum, we expect that this action will not worsen
any existing air quality. Further, there is no information in the
record indicating that this action is expected to have
disproportionately high or adverse human health or environmental
effects on a particular group of people.
IX. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
[[Page 63860]]
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. Accordingly,
this action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. The proposed rule does not
have tribal implications and will not impose substantial direct costs
on tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
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.'' The AQCC 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 performed an environmental
justice analysis, as is described above in the section titled,
``Environmental Justice Considerations.'' The analysis was done for the
purpose of providing additional context and information about this
rulemaking to the public, not as a basis of the action. Due to the
nature of the action being taken here, this action is expected to have
a neutral to positive impact on the air quality of the affected area.
In addition, there is no information in the record upon which this
decision is based inconsistent with the stated goal of E.O. 12898 of
achieving environmental justice for people of color, low-income
populations, and Indigenous peoples.
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: July 29, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-17091 Filed 8-5-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 6, 2024.
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.