22772 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, effective 

September 15, 2013, is amended as 

follows: 

Paragraph 6003 Class E Airspace 

Designated as an Extension to a Class C 

Surface Area. 

* * * * * 

ASO TN E3 Nashville, TN [New] 

Nashville International Airport, TN 

(Lat. 36°07′31′′ N., long. 86°40′35′′ W.) 

Nashville VORTAC 

(Lat. 36°07′62′′ N., long. 86°40′95′′ W.) 

That airspace extending upward from the 

surface extending from the 5-mile radius of 

Nashville International Airport to an 11.7- 

mile radius southeast of the airport, from the 

Nashville VORTAC 161° radial clockwise to 

the 195° radial, and to an 8.9-mile radius 

southwest of the airport from the 195° radial 

of the VORTAC clockwise to the 231° radial 

of the VORTAC. 

Issued in College Park, Georgia, on April 

14, 2014. 

Myron A. Jenkins, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2014–09155 Filed 4–23–14; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0801; FRL–9907–58– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Prevention of Significant 

Deterioration; Greenhouse Gas 

Tailoring Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions 

and additions to the Colorado State 

Implementation Plan (SIP) submitted by 

the Colorado Department of Public 

Health and the Environment (CDPHE) to 

EPA on May 25, 2011. The SIP revision 

to Colorado Regulation Number 3 and 

the Common Provisions Regulation 

addresses the permitting of sources of 

greenhouse gases (GHGs). Specifically, 

we are approving revisions to portions 

of Parts A, B and D of Regulation 

Number 3 to incorporate the provisions 

of EPA’s 2010 Prevention of Significant 

Deterioration (PSD) and Title V 

Greenhouse Gas Tailoring Rule. The SIP 

revisions establish emission thresholds 

for determining which new stationary 

sources and modifications to existing 

stationary sources become subject to 

Colorado’s PSD permitting requirements 

for their GHG emissions. EPA is 

approving the May 25, 2011 SIP revision 

to the Colorado PSD permitting program 

as being consistent with federal 

requirements for PSD permitting. EPA is 

also approving several grammar and 

punctuation changes to Regulation 

Number 3 made by the State and 

included in the May 25, 2011 submittal. 

EPA is finalizing this action under 

section 110 and part C of the Clean Air 

Act (the Act or CAA). 

DATES: This final rule is effective May 

27, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2013–0801. All documents in the docket 

are listed in the www.regulations.gov 

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 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Air Program, Mailcode 8P– 

AR, Environmental Protection Agency 

(EPA), Region 8, 1595 Wynkoop St., 

Denver, Colorado 80202–1129, (303) 

312–7814, ostendorf.jody@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, the 

following definitions apply: 

(i) The words or initials Act or CAA 

mean or refer to the federal Clean Air 

Act, unless the context indicates 

otherwise. 

(ii) The initials CDPHE mean or refer 

to the Colorado Department of Public 

Health and the Environment. 

(iii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iv) The initials GHG mean or refer to 

Greenhouse Gas. 

(v) The initials NSR mean or refer to 

New Source Review. 

(vi) The initials PSD mean or refer to 

Prevention of Significant Deterioration. 

(vii) The initials SIP mean or refer to 

State Implementation Plan. 

(viii) The words State or CO mean the 

State of Colorado, unless the context 

indicates otherwise. 

Table of Contents 

I. Background for Our Final Action 

II. What final action is EPA taking? 

III. Statutory and Executive Orders Review 

I. Background for Our Final Action 

The May 25, 2011 SIP submittal 

includes PSD permitting provisions that 

establish (1) GHG as a regulated 

pollutant under the PSD program, and 

(2) emission thresholds for determining 

which new stationary sources and 

modification projects become subject to 

Colorado’s PSD permitting requirements 

for their GHG emissions consistent with 

EPA’s GHG Tailoring Rule. The 

background for today’s final rule and 

EPA’s national actions pertaining to 

GHGs is discussed in detail in our 

proposal (see 79 FR 2144, January 13, 

2014). The comment period was open 

for 30 days and we received no written 

comments. 

II. What final action is EPA taking? 

Colorado has adopted and submitted 

regulations that are substantively 

similar to the federal requirements for 

the permitting of GHG-emitting sources 

subject to PSD. EPA is approving the 

May 25, 2011 submittal for 

incorporation into the SIP. The 

submitted revisions establish thresholds 

for determining which stationary 

sources and modification projects 

become subject to permitting 

requirements for GHG emissions under 

Colorado’s New Source Review (NSR) 

PSD program. Specifically, EPA is 

approving revisions to Regulation 

Number 3 Parts A, B and D and the 

Common Provisions Regulation. EPA 

has determined that these May 25, 2011 

revisions are approvable into Colorado’s 

SIP because they are consistent with the 

requirements of 40 CFR 51.166, in 

particular requirements set out in EPA’s 

final GHG Tailoring Rule. 


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Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations 22773 

Minor grammatical and capitalization 

changes made throughout the May 25, 

2011 submittal are also approved. These 

include minor changes to Parts A, B and 

D of Regulation Number 3. The changes 

do not revise the regulatory meaning in 

Regulation Number 3 and are, therefore, 

approved without specific reference in 

this notice. We are not acting on 

grammatical revisions to Part C of 

Regulation Number 3 since this is the 

State’s Title V operating permit program 

and it is not part of the SIP. 

III. Statutory and Executive Orders 

Review 

Under the Clean Air Act, 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this final action merely 

approves state law that meets federal 

requirements and disapproves state law 

that does not meet federal requirements; 

when finalized, this action would not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• 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 Clean Air Act; 

and 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 23, 2014. 

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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 24, 2014. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart G—Colorado 

■ 2. Section 52.320 is amended by 

adding paragraph (c)(128) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(128) On May 25, 2011, the State of 

Colorado submitted revisions to 5 CCR 

1001–5, Regulation 3, Stationary Source 

Permitting and Air Pollutant Emission 

Notice Requirements, parts A, B, and D. 

The May 25, 2011 submittal addresses 

the permitting of sources of greenhouse 

gases (GHGs). The revisions to portions 

of parts A, B, and D incorporate the 

provisions of the Prevention of 

Significant Deterioration (PSD) and Title 

V Greenhouse Gas Tailoring Rule. The 

revisions establish thresholds for 

determining which new stationary 

sources and modifications to existing 

stationary sources become subject to 

Colorado’s PSD permitting requirements 

for their GHG emissions. These 

revisions are consistent with federal 

requirements for PSD permitting. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–5, Regulation Number 

3, Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part A, Concerning 

General Provisions Applicable to 

Reporting and Permitting, I.B., 

Definitions, I.B.10, Carbon Dioxide 

Equivalent (CO2e); I.B.23., Greenhouse 

Gas (GHG); I.B.25., Major Source, 

I.B.25b; and I.B.44., Subject to 

Regulation; VI., Fees, VI.D., Fee 

Schedule; Part B, Concerning 

Construction Permits, II.A.4. and II.A.7; 

Part D, Concerning Major Stationary 

Source New Source Review and 

Prevention of Significant Deterioration, 

II., Definitions, II.A., introductory 

paragraph, II.A.8, Best Available Control 

Technology (BACT); II.A.22., Major 

Modification; II.A.24., Major Stationary 

Source; II.A.24.a., introductory 

paragraph, II.A.24.a.(ii); II.A.24.b.; 

II.A.38., Regulated NSR Pollutant, 

II.A.38.e. and II.A.38.f.; adopted October 


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22774 Federal Register / Vol. 79, No. 79 / Thursday, April 24, 2014 / Rules and Regulations 

21, 2010 and effective December 15, 

2010. 

[FR Doc. 2014–09251 Filed 4–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0951; FRL–9800–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Revisions to Fossil 

Fuel Utilization Facilities and Source 

Registration Regulations and Industrial 

Performance Standards for Boilers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving several State 

Implementation Plan (SIP) revisions 

submitted by the Commonwealth of 

Massachusetts. The revisions add new 

monitoring, inspection, maintenance 

and testing requirements for certain 

fossil fuel utilization facilities, rename 

and clarify stationary source emission 

reporting requirements, and establish 

compliance and certification standards 

for new boilers. The intended effect of 

this action is to approve the 

Commonwealth’s revised ‘‘Fossil Fuel 

Utilization Facility’’ regulation, ‘‘Source 

Registration’’ regulation, and new 

‘‘Industrial Performance Standards for 

Boilers.’’ This action is being taken 

under the Clean Air Act. 

DATES: This rule is effective on May 27, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification Number EPA–R01–OAR– 

2012–0951. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, Office of Ecosystem Protection, 

Air Permits, Toxics and Indoor 

Programs Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

Copies of the documents relevant to 

this action are also available for public 

inspection during normal business 

hours, by appointment at the Division of 

Air Quality Control, Department of 

Environmental Protection, One Winter 

Street, 8th Floor, Boston, MA 02108. 

FOR FURTHER INFORMATION CONTACT: 

Brendan McCahill, Air Permits, Toxics 

and Indoor Programs Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency 

Region 1, 5 Post Office Square—Suite 

100, (Mail code OEP05–2), Boston, MA 

02109–3912, Telephone number (617) 

918–1652, Fax number (617) 918–0652, 

Email McCahill.Brendan@EPA.GOV. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What action is EPA approving in this 

document? 

II. What portions of the SIP submittals will 

EPA incorporate into the SIP? 

III. Final Action. 

IV. Statutory and Executive Order Reviews. 

I. What action is EPA approving in this 

document? 

On February 7, 2013 (78 FR 9016), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for the 

Commonwealth of Massachusetts. 

The NPR proposed approval of the 

following SIP submittals: 

• A June 28, 1990 and a July 11, 2001 

SIP amendment revising 310 CMR 7.04 

entitled, ‘‘U Fossil Fuel Utilization 

Facilities,’’ 

• A July 11, 2001 SIP amendment 

revising 310 CMR 7.12 entitled, ‘‘U 

Source Registration,’’ 

• A September 14, 2006 SIP 

amendment adopting 310 CMR 

7.26(30)–(37) entitled, ‘‘Industrial 

Performance Standards—U Boiler,’’ and 

• A February 13, 2008 SIP 

amendment that, among other things, 

revises 310 CMR 7.04, corrects several 

typographical errors, clarifies certain 

requirements to 310 CMR 7.12 and 310 

CMR 7.26(30)–(37) and updates the list 

of Massachusetts cities in 310 CMR 

7.00. 

The specific requirements of four SIP 

submittals and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. EPA 

did not receive any public comments on 

the NPR. 

II. What portions of the SIP submittals 

will EPA incorporate into the SIP? 

On January 18, 2013, the 

Massachusetts Department of 

Environmental Protection (MassDEP) 

issued a letter to EPA withdrawing 

outdated and obsolete submittals and 

replacing them with SIP submittals 

containing effective versions of the 

regulations for approval into the SIP. 

The letter included two attachments. 

Attachment I identified the regulations 

that MassDEP requests EPA to approve 

into the SIP. The attachment includes 

struck out versions of those regulations 

MassDEP is withdrawing from 

consideration and the final version of 

the regulations (without strikeout) that 

MassDEP requests to be included in the 

SIP. 

Attachment 2 includes a list of 

regulations previously submitted to EPA 

for approval. The list indicates the 

regulation name and CMR regulation 

number, CMR page number, the 

MassDEP disposition of the rule (i.e., 

whether to withdraw it or have EPA act 

upon it), and the reason for the 

MassDEP’s disposition. 

Based on the information from the 

two attachments, EPA is incorporating 

the latest versions of 310 CMR 7.00, 

‘‘Massachusetts Cities & Towns with 

Corresponding DEP Regional Offices 

and Air Pollution Districts,’’ 310 CMR 

7.04(2) and 7.04(4)(a), 310 CMR 7.12 

and 310 CMR 7.26(30–37) into the SIP. 

The February 13, 2008 SIP submittal 

included the latest version of the 310 

CMR 7.00, 310 CMR 7.04(2) and 

7.04(4)(a) and 310 CMR 7.26(30–37). 

Numerous SIP submittals provided a 

portion of 310 CMR 7.12. The August 9, 

2001 SIP submittal included provision 

310 CMR 7.12(1)(a)1. The September 14, 

2006 SIP submitted included provisions 

310 CMR 7.12(2)(c), 310 CMR 7.12(3) 

and 310 CMR 7.12(4). The February 13, 

2008 SIP submittal included provisions 

310 CMR 7.12(1)(a)2–9, (1)(b) and (1)(c), 

and 310 CMR 7.12(2)(a) and (b). 

These versions of the regulations are 

the versions that were made available in 

the docket for the February 7, 2013 NPR. 

We are re-stating this information here, 

not because anything has changed since 

the publication of the NPR, but rather 

for clarity given the complex history of 

these submissions 

In addition, as described in the 

January 18, 2013 letter, the MassDEP 

has withdrawn the following regulations 

from inclusion into the SIP; 310 CMR 

7.02, 310 CMR 7.03, 310 CMR 7.11, and 

310 CMR 7.26(28)–(29). 


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