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[Federal Register Volume 76, Number 17 (Wednesday, January 26, 2011)]
[Rules and Regulations]
[Pages 4540-4542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1497]

[[Page 4540]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1033; A-1-FRL-9209-3]

Approval and Disapproval and Promulgation of Air Quality 
Implementation Plans; Colorado; Revisions to Regulation 1

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving a State 
Implementation Plan (SIP) revision submitted by the State of Colorado 
regarding its Regulation 1. Regulation 1 provides certain emission 
controls for opacity, particulates, carbon monoxide and sulfur dioxide. 
The revision involves the deletion of obsolete, the adoption of new, 
and the clarification of ambiguous provisions within Regulation 1. The 
intended effect of EPA's action is to make Federally enforceable the 
revised portions of Colorado's Regulation 1 that EPA is approving and 
to disapprove portions of the regulation that EPA deems are not 
consistent with the Clean Air Act. This action is being taken under 
section 110 of the Clean Air Act.

DATES: This final rule is effective February 25, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2007-1033. All documents in the docket are listed in 
the http://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 http://www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, 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: Mark Komp, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303) 
312-6022, fax number (303) 312-6064, komp.mark@epa.gov.

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.
    (v) The words Provision or Regulation refer to Colorado's 
Regulation 1.
    (vi) The initials SO2 mean or refer to sulfur dioxide, HC mean or 
refer to hydrocarbons and CO mean or refer to Carbon Monoxide.
    (vii) The initials RACT mean or refer to Reasonably Available 
Control Technology.

Table of Contents

I. Background Information Regarding Colorado's Submittal
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background Information Regarding Colorado's Submittal

    On July 31, 2002, the State of Colorado submitted a formal revision 
to its SIP. The July 31, 2002 revision deleted obsolete provisions in 
Sections II.A.6, A.7, A.9 and C.3 \1\ regarding, respectively, alfalfa 
dehydrating plant drum dryers, wigwam burners, the static firing of 
Pershing missiles and a notice regarding waste materials. The 
provisions were deleted from the regulation because these sources no 
longer exist in the State and the notice regarding waste materials 
appears in other Colorado regulations.
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    \1\ All references in this notice to particular section numbers 
are to the designated sections within Regulation 1.
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    Colorado added language to its open burning provisions (Section 
II.C.2.d) to clarify that the open burning of animal parts and 
carcasses are not exempt from permit requirements. However, a special 
allowance to conduct open burning activities without a permit is 
provided where the State Agricultural Commission declares a public 
health emergency or a contagious or infectious outbreak of disease that 
imperils livestock is evident. Such activities require a telephone 
notice to State and local health departments prior to conducting such 
open burning activities. All necessary safeguards must be used to 
minimize impacts on public health or welfare.
    The State revised the method in Section III.A.1.d for calculating 
emissions from multiple fuel burning units ducting to a common stack. 
Emissions are to be calculated on a pound per million British thermal 
unit (lbs/mmBtu) input and must be based on a weighted average of the 
individual allowable limits for each unit.
    The State added clarifying language in several provisions of 
Regulation 1 stating that alternative performance test methods may be 
used with approval from the State. It also specified that ASTM or 
equivalent methods approved by the State may be used for fuel sampling 
from sources subject to Regulation 1.
    In sections VI A.3.e. and VI.B.4.g. regarding SO2 
emissions, the State changed the overall emission limit for petroleum 
and oil shale refineries from 0.3 lbs per barrel of oil processed per 
day to 0.7 lbs per barrel of oil processed per day. The State also 
added new language that modifies the method for calculating compliance 
with emission limits for petroleum refining and cement manufacturing. 
The State deleted Section VI.B.5, which stipulates that new sources of 
SO2 emissions that do not fall in specific source categories 
are subject to a 2 ton per day emission limit and are to utilize best 
available control technology.

II. Response to Comments

    EPA did not receive comments on our July 21, 2010 Federal Register 
proposed action regarding the partial approval and partial disapproval 
of Colorado's SIP revisions to their Regulation 1.

III. Section 110(l) of the CAA

    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
toward attainment of the National Ambient Air Quality Standards (NAAQS) 
or any other applicable requirement of the Act. Those portions of the 
revision to Colorado's Regulation 1 that we are approving satisfy 
section 110(l), because those portions do not relax existing SIP 
requirements. Instead, the portions of the July 31, 2002 submittal EPA 
is

[[Page 4541]]

approving increase stringency of existing requirements, clarify 
existing requirements, or remove obsolete requirements. Therefore, 
section 110(l) is satisfied.

IV. Final Action

    EPA is approving revisions to the following provisions in 
Regulation 1: (1) Deletion of Sections II.A.6, II.A.7, and II.A.9 
regarding emission limits for sources that no longer exist in the State 
and the deletion of Section II.C.3 regarding an obsolete notice 
involving the disposal of waste materials. The deletion of Sections II. 
A6, A.7 and A.9 will cause a numbering change of subsequent paragraphs 
within Sections II.A. EPA is adopting the new numbering scheme for 
section II.A.; (2) revisions to Section II.C.2.d. regarding the burning 
of diseased animal carcasses to prevent a public health emergency; (3) 
revision of Section III.A.1.d involving the State's method for 
calculating emissions from multiple fuel burning units ducted to a 
common stack; (4) the deletion of Section III.C.2 regarding the 
deletion of process weight emission standards for alfalfa drum dryers. 
The deletion of Section III.C.2 will cause a numbering change of 
subsequent paragraphs within Section III.C. EPA is adopting the new 
numbering scheme for section III.C.; (5) Federal adoption of Section V 
regarding emission standards for electric arc furnaces, except for a 
portion of Section V.A.2 where the State has specified that their 
director has discretion to approve other credible methods for 
determining emission rates; and (6) revisions to Sections VI.A.3.e, 
VI.A.3.f, VI.B.4.e, and VI.B.4.g.(ii) regarding the methods used for 
the averaging of emissions over a 24 hour period.
    EPA is disapproving revisions to the following provisions in 
Regulation 1: (1) Revisions to Section III.A.2. and Section III.C.3 
involving director's discretion regarding the method for conducting 
performance tests; (2) the revision within Section V.A.2. where the 
State gives its director's discretion regarding the method used to 
determine compliance with electric arc furnaces' emission standards; 
(3) revisions to Sections VI.B.4.e and VI.B.4.g(ii) regarding changes 
in the SO2 emission limits for petroleum and oil shale 
refining; (4) revisions to Section VI.B.5 regarding SO2 
emission limits for new sources not falling in specified source 
categories; and (5) revisions to Sections VI.C. and VI.F. regarding the 
use of director's discretion for alternative methods to show compliance 
with fuel sampling plans and alternative compliance procedures 
respectively.

V. Statutory and Executive Order Reviews

    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 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:
     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 March 28, 2011. 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: September 23, 2010.
Carol Rushin,
Deputy Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.320 is amended by adding paragraph (c)(115) to read as 
follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

[[Page 4542]]

    (115) On July 31, 2003, the State of Colorado submitted revisions 
to Colorado's 5 CCR 1001-3, Regulation 1, that deleted Sections II.A.6, 
A.7, A.9 and C.3, regarding, respectively, alfalfa dehydrating plant 
drum dryers, wigwam burners, the static firing of Pershing missiles and 
a notice regarding waste materials. The State also deleted emission 
limitations for alfalfa plant drum dyers by removing Section III.C.2. 
Colorado's deletion of Sections II. A6, A.7 and A.9 and Section III.C.2 
will cause a numbering change of subsequent paragraphs within Sections 
II.A and III.C. EPA is adopting the new numbering scheme for sections 
II.A. and III C. Section II.C.2.d. regarding agricultural open burning 
is modified to include the burning of diseased animal carcasses to 
prevent a public health emergency. Section III.A.1.d is modified for 
incorporation of new State's method for calculating emissions from 
multiple fuel burning units ducted to a common stack. Section V is 
added regarding emission standards for electric arc furnaces, except 
for the director's discretion provision provided for in Section V.A.2. 
Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and VI.B.4.g(ii) are modified 
regarding the methods used for the averaging of emissions over a 24 
hour period.
    (i) Incorporation by reference.
    (A) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section II, Smoke and 
Opacity, Section II.C.2.d, effective March 2, 2002.
    (B) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section III, Particulate 
Matter, Fuel Burning Equipment, Section III.A.1.d, effective September 
30, 2001.
    (C) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section V, Emission Standard 
for Existing Iron and Steel Plant Operations, effective September 30, 
2001.
    (1) The submittal contains Section V.A.2 with the language:
    ``Emissions from gas-cleaning device shall not exceed a mass 
emission rate of 0.00520 gr/dscf of filterable particulates maximum 
two-hour average, as measured by EPA Methods 1-4 and the front half of 
Method 5 (40 CFR 60.275, and Appendix A, Part 60), or by other credible 
method approved by the Division. This particulate emissions standard 
does not include condensable emissions, or the back half emissions of 
Method 5''. The language ``or by other credible method approved by the 
Division'' is disapproved. The language ``Appendix A, Part 60'' is 
changed to ``appendices A1 through A3, Part 60'' in order to comply 
with the current nomenclature of Part 60.
    (D) 5 CCR 1001-3, Regulation 1, Emission Control for Particulates, 
Smokes, Carbon Monoxide and Sulfur Oxides, Section VI, Sulfur Dioxide 
Emission Regulations, Sections VI.A.3.e, VI.A.3.f, VI.B.4.e, and 
VI.B.4.g(ii), effective September 30, 2001.
    (1) Sections VI.B.4.e and VI.B.4.g(ii) list an emission rate of 0.7 
lbs. sulfur dioxide, for the sum of all SO2 emissions from a 
given refinery per barrel of oil processed, per day. This emission rate 
is disapproved. The emission rate remains unchanged at 0.3 lbs. All 
remaining language within Sections VI.B.4.e and VI.B.4.g(ii) is 
approved.

[FR Doc. 2011-1497 Filed 1-25-11; 8:45 am]
BILLING CODE 6560-50-P
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