Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1027 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g. specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34) (g), of the Instruction. This rule 

involves amending a security zone 

regulation by removing the reference to 

shore area in security zones for moored 

cruise ships. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket were indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. In § 165.1154, revise paragraphs (b) 

and (c) to read as follows: 

§ 165.1154 Security Zones; Moored Cruise 

Ships, San Pedro Bay, California. 

* * * * * 

(b) Location. The following areas are 

security zones: All navigable waters, 

extending from the surface to the sea 

floor, within a 100-yard radius around 

any cruise ship that is located within 

the San Pedro Bay area landward of the 

sea buoys bounding the port of Los 

Angeles or Port of Long Beach or 

designated anchorages within 3 nautical 

miles seaward of the Federal 

Breakwaters. 

(c) Regulations. Under regulations in 

33 CFR part 165, subpart D, a person or 

vessel may not entry into or remain in 

the security zones created by this 

section unless authorized by the Coast 

Guard Captain of the Port, Los 

Angeles—Long Beach (COTP) or a COTP 

designated representative. 

(1) Persons desiring to transit these 

security zones may contact the COTP at 

telephone number (310) 521–3801 or on 

VHF–FM channel 16 (156.8 MHz) to 

seek permission to transit the area. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port or 

his or her designated representative. 

(2) When a cruise ship approaches 

within 100 yards of a vessel that is 

moored, or anchored, the stationary 

vessel must stay moored or anchored 

while it remains within the cruise ship’s 

security zone unless it is either ordered 

by, or given permission from, the COTP 

Los Angeles-Long Beach to do 

otherwise. 

* * * * * 

Dated: December 23, 2011. 

R.R. Laferriere, 

Captain, U.S. Coast Guard, Captain of the 

Port Los Angeles—Long Beach. 

[FR Doc. 2012–109 Filed 1–6–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1037; FRL–9506–8] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado; Interstate Transport of 

Pollution Revisions for the 1997 PM2.5

and 8-Hour Ozone NAAQS: 

‘‘Significant Contribution,’’ 

‘‘Interference With Maintenance,’’ and 

‘‘Interference With Prevention of 

Significant Deterioration’’ 

Requirements; Revisions to Regulation 

No. 3 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving portions of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Colorado for the purpose of addressing 

the ‘‘good neighbor’’ provisions of Clean 

Air Act (‘‘Act’’ or ‘‘CAA’’) section 

110(a)(2)(D)(i) for the 1997 8-hour ozone 

National Ambient Air Quality Standards 

(‘‘NAAQS’’ or ‘‘standards’’) and the 

1997 fine particulate matter (‘‘PM2.5’’) 

NAAQS. This SIP revision addresses the 

requirement that the State of Colorado’s 

SIP (‘‘Interstate Transport SIP’’) have 

adequate provisions to prohibit air 

emissions from adversely affecting 

another state’s air quality through 

interstate transport. In this action, EPA 

is approving the Colorado Interstate 

Transport SIP provisions that address 

the requirement of section 

110(a)(2)(D)(i) that emissions from 

Colorado sources do not significantly 

contribute to nonattainment of the 1997 

PM2.5 NAAQS in any other state, 

interfere with maintenance of the 1997 

PM2.5 NAAQS by any other state, or 

interfere with any other state’s required 

measures to prevent significant 

deterioration of air quality for the 1997 

PM2.5 and 8-hour ozone NAAQS. EPA is 


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1028 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 

1Memorandum from William T. Harnett entitled, 

‘‘Guidance for State Implementation Plan (SIP) 

Submissions to Meet Current Outstanding 

Obligations Under Section 110(a)(2)(D)(i) for the 8- 

hour Ozone and PM2.5 National Ambient Air 

Quality Standards’’ (Aug. 15, 2006). 

also approving certain revisions to 

Colorado Regulation No. 3 submitted by 

the State of Colorado in separate prior 

submissions. This action is being taken 

under section 110 of the CAA. 

DATES: Effective Date: This final rule is 

effective February 8, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2007–1037. 

Documents related to EPA’s December 

7, 2005 proposed approval of changes to 

Colorado Regulation No. 3 (70 FR 

72744) can be found in a docket under 

Docket ID No. R08–OAR–2005–CO– 

0003. All documents in the dockets are 

listed on the www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 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 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, 

clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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 Colorado and State 

mean the State of Colorado. 

Table of Contents 

I . Background 

II. Response to Comments 

III. Section 110(l) 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

Colorado Interstate Transport SIP for 

the 1997 8-hour Ozone and PM2.5

NAAQS 

On July 18, 1997, EPA promulgated 

new NAAQS for ozone and for PM2.5. 

Section 110(a)(1) of the CAA requires 

states to submit SIPs to address a new 

or revised NAAQS within 3 years after 

promulgation of such standards, or 

within such shorter period as EPA may 

prescribe. Section 110(a)(2) lists the 

elements that such new SIPs must 

address, as applicable, including section 

110(a)(2)(D)(i), which pertains to 

interstate transport of certain emissions. 

On August 15, 2006, EPA issued its 

‘‘Guidance for State Implementation 

Plan (SIP) Submissions to Meet Current 

Outstanding Obligations Under Section 

110(a)(2)(D)(i) for the 8-Hour Ozone and 

PM2.5 National Ambient Air Quality 

Standards’’ (‘‘2006 Guidance’’).1 The 

2006 Guidance recommends ways states 

may, in their submissions, meet the 

requirements of section 110(a)(2)(D)(i) 

for the 1997 8-hour ozone and PM2.5

standards. 

As identified in the 2006 Guidance, 

the ‘‘good neighbor’’ provisions in 

section 110(a)(2)(D)(i) require each state 

to submit a SIP that prohibits emissions 

that adversely affect another state in the 

ways contemplated in the statute. 

Section 110(a)(2)(D)(i) identifies four 

distinct requirements related to the 

impacts of interstate transport. The SIP 

must prevent sources in the state from 

emitting pollutants in amounts which 

will: (1) Contribute significantly to 

nonattainment of the NAAQS in any 

other state; (2) interfere with 

maintenance of the NAAQS by any 

other state; (3) interfere with required 

measures to prevent significant 

deterioration of air quality in any other 

state; or (4) interfere with efforts to 

protect visibility in any other state. 

Requirements (1) and (2) are found 

under 110(a)(2)(D)(i)(I), and 

requirements (3) and (4) are found 

under 110(a)(2)(D)(i)(II). 

On June 11, 2008, the State of 

Colorado submitted to EPA an Interstate 

Transport SIP addressing all four 

requirements of CAA section 

110(a)(2)(D)(i) for the 1997 8-hour ozone 

and PM2.5 NAAQS. In response to EPA’s 

concerns regarding the June 11, 2008 

submission, the State later submitted 

two superseding interstate transport SIP 

revisions: (a) a June 18, 2009 submission 

addressing requirements (1) and (2) of 

section 110(a)(2)(D)(i) for the 1997 8- 

hour ozone NAAQS; and (b) a March 31, 

2010 submission addressing 

requirements (3) and (4) for the 1997 8- 

hour ozone NAAQS and requirements 

(1) through (4) for the 1997 PM2.5

NAAQS. EPA approved Colorado’s 

Interstate Transport SIP with respect to 

the ‘‘significant contribution to 

nonattainment’’ and the ‘‘interfere with 

maintenance’’ requirements for the 1997 

8-hour ozone NAAQS in final rule 

actions published June 3 and November 

22, 2010 (75 FR 31306; 75 FR 71029). 

EPA approved Colorado’s Interstate 

Transport SIP with respect to the 

‘‘interfere with visibility’’ requirement 

for the 1997 8-hour ozone and PM2.5

NAAQS on April 20, 2011 (76 FR 

22036). 

After those actions, the pending 

portions of Colorado’s Interstate 

Transport SIP are those that address 

requirements (1), (2), and (3) for the 

1997 PM2.5 NAAQS and requirement (3) 

for the 1997 8-hour ozone NAAQS. On 

April 19, 2011, EPA published a notice 

of proposed rulemaking (NPR) for the 

State of Colorado (76 FR 21835) to act 

on the pending portions. Specifically, in 

the NPR EPA proposed approval of the 

language and demonstration of the 

March 31, 2010 submission that 

addresses three requirements of section 

110(a)(2)(D)(i) with respect to the 1997 

PM2.5 NAAQS: (1) Prohibition of 

significant contribution to 

nonattainment of the NAAQS in any 

other state, (2) prohibition of 

interference with maintenance of the 

NAAQS by any other state, and (3) 

prohibition of interference with other 

states’ required measures to prevent 

significant deterioration of air quality. 

EPA is also approving the language and 

demonstration that addresses 

requirement (3) of section 

110(a)(2)(D)(i)—prohibition of 

interference with other states’ required 

measures to prevent significant 

deterioration of air quality—with 

respect to the 1997 8-hour ozone 

NAAQS. 

Colorado Regulation No. 3, Part D: New 

Source Review and Prevention of 

Significant Deterioration (PSD) 

The 2006 Guidance states that the 

interference with PSD requirement of 

section 110(a)(2)(D)(i)(II) may be met by 

the State’s confirmation in a SIP 

submission that new major sources and 

major modifications in the State are 

subject to PSD and (if the State contains 

a nonattainment area for the relevant 


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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1029 

2 2006 Guidance at 6. 

3The December 7, 2005 proposed approval and 

all supporting documentation, including both the 

July 11, 2005 and October 25, 2005 submissions can 

be found in docket R08–OAR–2005–CO–0003–FRL– 

8005–6. 

4This letter is available for view in the docket for 

this action. 

pollutant) Nonattainment New Source 

Review (NNSR) programs that 

implement the relevant standards 

according to current requirements.2

Colorado’s SIP-approved PSD and 

NNSR programs are contained in 

Colorado Regulation No. 3. 

The State of Colorado submitted 

revisions to Colorado Regulation No. 3 

on July 11, 2005, and submitted a 

supplement to those revisions on 

October 25, 2005, in response to EPA’s 

concerns. The two submissions 

reorganized Regulation No. 3 by moving 

much of the previously approved 

language from other sections of 

Regulation 3 into the newly created Part 

D. The submissions then incorporated 

EPA’s December 31, 2002 NSR Reform 

rule (67 FR 80186) into Part D, applying 

the reforms to both the State’s PSD and 

NNSR programs. In its submissions, 

Colorado distinguished the revised 

language that incorporated NSR Reform 

from the language for the existing PSD 

and NSR programs (as reorganized into 

part D) by italicizing language that was 

to be added to the existing programs and 

by underlining language that was to be 

removed from the existing programs. 

Colorado’s submission indicated that 

the addition of the italicized language 

and removal of the underlined language 

was to become effective only after EPA 

approved those changes into Colorado’s 

SIP. EPA proposed approval of the 

October 25, 2005 submission on 

December 7, 2005 (70 FR 72744).3 EPA’s 

proposed approval received extensive 

comments, and EPA has not yet 

finalized it. 

On August 1, 2007, the State 

submitted to EPA revisions to 

Regulation No. 3. These revisions 

(among other things) updated the State’s 

PSD and NNSR programs to meet the 

requirements of EPA’s Phase 2 

implementation rule for the 1997 8-hour 

ozone NAAQS (‘‘Phase 2 Rule’’) (70 FR 

71612, Nov. 29, 2005). In the April 19, 

2011 NPR (76 FR 21835) for today’s 

action, EPA proposed approval of 

portions of the August 1, 2007 

submission, specifically the portions 

that implement the Phase 2 rule by 

treating nitrogen oxides as an ozone 

precursor. Because these portions are in 

part D of Regulation No. 3, which was 

created by the July 11, 2005 and the 

October 25, 2005 submissions, the 

August 1, 2007 revisions depend on 

those earlier submissions. Specifically, 

the August 1, 2007 revisions depend on 

the following parts: The reorganization 

of the existing PSD and NNSR programs 

into part D of Regulation No. 3, the 

introduction of the term ‘‘regulated NSR 

pollutant,’’ and the associated 

replacement in existing portions of the 

PSD and NNSR program of the 

regulatory phrase ‘‘air pollutant subject 

to regulation under the Act’’ with the 

term ‘‘regulated NSR pollutant.’’ As 

explained in greater detail in section IV 

below, in this action we also finalize the 

December 7, 2005 proposed approval of 

these portions of the July 11, 2005 and 

October 25, 2005 submissions. 

Finally, the NPR included language 

explaining that EPA would approve the 

State’s 110(a)(2)(D)(i) submission for the 

PSD requirement in its entirety for both 

NAAQS if the State submitted a letter 

clarifying that its Interstate Transport 

SIP submission should be read to rely 

only on the portion of Colorado’s PSD 

program that remains approved after the 

PSD SIP Narrowing Rule (75 FR 82536, 

Dec. 30, 2010) took effect. The State 

submitted to EPA a letter making this 

clarification on May 10, 2011.4

II. Response to Comments 

EPA received no comments on its 

April 19, 2011 proposed approval of 

portions of Colorado’s Interstate 

Transport SIP and of portions of 

Colorado’s August 1, 2007 submission 

addressing requirements of the Phase 2 

Rule. EPA did receive comments on the 

December 7, 2005 proposal to approve 

Colorado’s July 11, 2005 and October 

25, 2005 submissions. EPA does not 

consider any of these comments 

applicable to the portions of the 

December 7, 2005 proposal we are 

finalizing with today’s action. However, 

to the extent that some comments could 

be understood to apply to the portions 

we are approving with this action, EPA 

addresses these particular comments 

below. These comments fell into three 

categories: (1) Comments that argued 

that approval would violate the 

requirements of section 110(l) of the 

Act; (2) comments that argued that 

approval would violate the 

requirements of section 193 of the Act; 

and (3) comments that generally 

(without a specific legal basis) opposed 

approval. 

First, with regards to section 110(l), 

the only substantive change to 

Colorado’s PSD and NNSR programs in 

the submissions that EPA approves 

today is the addition of the defined term 

‘‘regulated NSR pollutant’’ and the use 

of that term in place of the previous 

regulatory phrase, ‘‘air pollutant subject 

to regulation under the Federal Act.’’ As 

noted in the preamble to the NSR 

Reform rules, (67 FR at 80239–40), the 

effect of introducing the term ‘‘regulated 

NSR pollutant’’ was to exclude from the 

PSD program hazardous air pollutants 

(HAPS) listed under section 112 of the 

Act, except for HAPS that are a 

constituent or precursor of a more 

general pollutant regulated under 

section 108 of the Act. EPA explained 

that this change clarified which 

pollutants are covered under the PSD 

program and responded to the addition 

of section 112(b)(6) in the 1990 Clean 

Air Act Amendments. 

Section 110(l) provides in relevant 

part: ‘‘The Administrator shall not 

approve a revision of a plan if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress * * *, or any other applicable 

requirement of [the Act].’’ The exclusion 

of HAPS from the PSD program to the 

extent described above does not affect 

any applicable requirement concerning 

attainment and reasonable further 

progress, as those requirements are 

specific to criteria pollutants and their 

precursors. Furthermore, the exclusion 

does not interfere with any other 

applicable requirement; in fact, it 

implements the requirement of section 

112(b)(6) of the Act. Finally, this 

revision does not relax any applicable 

requirements, and is merely a 

clarification of the applicability of the 

PSD program. Therefore, approval of the 

specified portions of the October 25, 

2005 submission does not violate 

section 110(l). 

Similarly, approval of these portions 

does not violate section 193 of the Act. 

Section 193 prohibits modification after 

November 15, 1990 of any ‘‘control 

requirement in effect, or required to be 

adopted by an order, settlement 

agreement or plan in effect before 

November 15, 1990, in any area which 

is a nonattainment area for any air 

pollutant * * * unless the modification 

insures equivalent or greater emission 

reductions of such air pollutant.’’ As the 

introduction of the term ‘‘regulated NSR 

pollutant’’ leaves unchanged control 

requirements for criteria pollutants, the 

portions of the July 11, 2005 and 

October 25, 2005 submissions approved 

in this action do not violate the 

prohibition of section 193. Finally, in 

response to comments that generally 

(without a specific legal basis) opposed 

EPA’s proposed approval of the July 11, 

2005 and October 25, 2005 submissions, 

EPA notes that section 110(k)(3) 

requires us to approve SIP submissions 

that meet all of the applicable 

requirements of the Act. Although we 


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1030 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 

acknowledge the opposition to our 

approval of the 2005 submissions, the 

comments do not provide a basis for us 

to act otherwise. 

III. Section 110(l) 

Section 110(l) of the CAA prohibits 

EPA from approving a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress towards attainment of the 

NAAQS or any other applicable 

requirements of the Act. As explained in 

section II above, EPA’s approval of 

specific portions of the July 11, 2005 

and October 25, 2005 submissions 

revising Regulation No. 3 does not 

violate section 110(l). EPA’s approval of 

the Interstate Transport SIP also does 

not violate section 110(l), as the 

Interstate Transport SIP does not revise 

or remove any existing emissions 

limitation for any NAAQS, or any other 

existing substantive SIP provision 

relevant to the 1997 8-hour ozone or 

PM2.5 NAAQS. Finally, the portions of 

the August 1, 2007 submission acted on 

here, in treating NOX as a precursor to 

ozone, make the Colorado SIP more 

stringent; EPA’s approval of these 

portions therefore does not violate 

section 110(l). 

IV. Final Action 

EPA is approving portions of the 

Colorado Interstate Transport SIP 

revisions submitted by the State on 

March 31, 2010. Specifically, in this 

action EPA is approving the language 

and demonstration of the March 31, 

2010 submission that addresses three 

requirements of section 110(a)(2)(D)(i) 

with respect to the 1997 PM2.5 NAAQS: 

(1) Prohibition of significant 

contribution to nonattainment of the 

NAAQS in any other state, (2) 

prohibition of interference with 

maintenance of the NAAQS by any 

other state, and (3) prohibition of 

interference with other states’ required 

measures to prevent significant 

deterioration of air quality. EPA is also 

approving the language and 

demonstration that addresses 

requirement (3) of section 

110(a)(2)(D)(i)—prohibition of 

interference with other states’ required 

measures to prevent significant 

deterioration of air quality—with 

respect to the 1997 8-hour ozone 

NAAQS. The reasons for this action are 

detailed in our notice proposing 

approval of the portions of the March 

31, 2010 submission for these 

requirements (76 FR 21835). In brief, 

our analysis of the weight of evidence 

indicated that emissions from Colorado 

do not have the impacts prohibited by 

the requirements (1) and (2) with 

respect to the 1997 PM2.5 NAAQS. In 

addition, we noted that a clarification 

by Colorado of its interpretation of 

EPA’s interim guidance on use of PM10

as a surrogate for PM2.5 allowed us to 

propose approval of Colorado’s 

Interstate Transport SIP with regards to 

requirement (3) for the 1997 PM2.5

NAAQS. Finally, we explained that 

concurrent approval of the portions of 

the August 1, 2007 submittal (finalized 

below) implementing the Phase 2 Rule 

would allow us to approve the Interstate 

Transport SIP with regards to 

requirement (3) for the 1997 ozone 

NAAQS. 

EPA is also approving certain 

revisions to Colorado’s PSD and NNSR 

programs in this action. These revisions 

were submitted by the State on July 11, 

2005 and October 25, 2005, and 

proposed for approval by EPA on 

December 7, 2005 (70 FR 72744); in 

part, the revisions reorganize the 

previously approved PSD and NNSR 

programs in Regulation 3 into Part D. 

With the exception of the provisions 

submitted in 2007 that implement the 

requirements of the Phase 2 Rule (listed 

in Table 2.) and that supersede the 2005 

submittals, we are approving the 

following provisions from the 2005 

submittals. We are generally approving 

the text in Part D that is plain or (except 

as described below) underlined; this 

language reflects the reorganization of 

the PSD and NNSR programs into Part 

D. EPA is also approving portions of 

Regulation 3 Part D that were added or 

revised by the State in response to 

EPA’s December 31, 2002 NSR Reform 

rule and that were included in the July 

11, 2005 and October 25, 2005 

submissions. These particular portions 

were also proposed for approval in the 

December 7, 2005 NPR (70 FR 72744). 

Specifically, these portions are: (1) The 

addition of the term ‘‘regulated NSR 

pollutant’’ in italicized text (including 

when used in the phrase ‘‘With respect 

to any regulated NSR pollutant emitted 

by any major stationary source’’); and 

(2) the addition of italicized text and 

removal of underlined text that reflects 

the replacement of the term ‘‘air 

pollutant subject to regulation under the 

Federal Act’’ (or an equivalent phrase) 

with ‘‘regulated NSR pollutant.’’ 

TABLE 1 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

A–I.B.1. ............................. D–II.A.1. ............ Actual emissions definition .......... Yes .................... 51.166(b)(21) ..................

51.165(a)(1)(xii) ..............

Note the reference in this definition to ‘‘I.B.1.a’’ should be to 

‘‘II.A.1.a.’’ and Colorado will 

correct this reference in a future revision of Regulation No. 

3. 

See footnote 5. 

A–I.B.7. ............................. D–II.A.3. ............ Air Quality Related Value definition.Yes .................... NA .................................. EPA is approving this definition. 

See footnote 2. 

A–I.B.8. ............................. A–I.B.7. ............. Allowable Emissions definition .... No ..................... 51.166(b)(16) ..................

51.165(a)(1)(xi) 

See footnote 1. 

A–I.B.10. ........................... D–II.A.5. ............ Baseline Area definition ............... Yes .................... 51.166(b)(15) .................. EPA is approving this definition. 

See footnote 2. 

A–I.B.11. ........................... D–II.A.6. ............ Baseline Concentration definition Yes .................... 51.166(b)(13) .................. EPA is approving this definition. 

See footnote 2. 

A–I.B.12. ........................... D–II.A.8. ............ Best Available Control Technology definition.Yes .................... 51.166(b)(12) ..................

51.165(a)(1)(xl) 

EPA is approving this definition. 

See footnote 4. 

A–I.B.15. ........................... D–II.A.12. .......... Complete definition (for PSD/NSR 

purposes).

Yes .................... 51.166(b)(22) .................. EPA is approving this definition. 

The reference in II.A.12.a.(vii) of 

this definition to ‘‘III.G.4. of Part 

B’’ is not in the current codified 

SIP. 

See footnote 2. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1031 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

A–I.B.21. ........................... D–II.A.16. .......... Federal Land Manager definition Yes .................... 51.166(b)(24) ..................

51.165(a)(1)(xlii) 

EPA is approving this definition. 

See footnote 2. 

A–I.B.31. ........................... D–II.A.19. .......... Innovative Control Technology 

definition.

Yes .................... 51.166(b)(19) .................. EPA is approving this definition. 

See footnote 2. 

A–I.B.32. ........................... D–II.A.21. .......... Lowest Achievable Emission Rate 

definition.

Yes .................... 51.166(b)(52) ..................

51.165(a)(1)(xiii) 

EPA is approving the renumbering of this definition. 

See footnote 3. 

A–I.B.33. ........................... D–II.A.24. .......... Major Source Baseline Date definition.Yes .................... 51.166(b)(14)(i) .............. EPA is approving this definition. 

See footnote 2. 

A–I.B.34. ........................... D–II.A.26. .......... Minor Source Baseline Date definition.Yes .................... 51.166(b)(14)(ii) .............. EPA is approving this definition. 

See footnote 2. 

A–I.B.35.b. ........................ D–II.A.23. (except II.A.23.a, 

d(iii),(viii),(x), 

(xi), and (e)— 

see below).

Major Modification definition ........ Yes, except as 

noted below.

51.166(b)(2) ....................

51.165(a)(1)(v) 

EPA is approving the renumbering of all of II.23 (except 

sections D–II.A.23.d.(viii), (x), 

and (xi)), and, in II.A.23, prior 

to subsection II.A.23.a, the replacement of the term ‘‘air pollutant subject to regulation 

under the Federal Act or the 

State Act’’ with the term ‘‘regulated NSR pollutant.’’ 

Note that the provision in 

II.A.23.e that references ‘‘section II.A.2’’ should reference 

‘‘II.A.31’’ and Colorado will correct this reference in a future 

revision of Regulation 3. 

See Footnote 5. 

N/A .................................... D–II.A.23.d.(iii) .. Use of an alternative fuel at a 

steam generating unit.

(part of Major Modification definition).

No ..................... 51.166(b)(2)(iii)(d) ..........

51.165(a)(1)(v)(C)(4)(iv) 

EPA is not taking action on this 

section at this time. 

See footnote 1. 

N/A .................................... D–II.A.23.d(viii) Addition replacement or use of a 

PCP * * *.

(part of Major Modification definition).

No ..................... 51.166(b)(2)(iii)(h) ..........

51.165(a)(1)(v)(C)(8) 

EPA is not taking action on this 

section at this time. 

See footnote 1. 

N/A .................................... D–II.A.23.d(x) .... The installation or operation of a 

permanent clean coal technology demonstration project 

that constitutes 

repowering* * *.

(part of Major Modification definition).

No, as noted ..... 51.166(b)(2)(j) ................ EPA is not taking action on this 

section at this time. 

See footnotes 1 and 7. 

N/A .................................... D–II.A.23.d(xi) ... The reactivation of a very clean 

coal fired electric utility steam 

generating unit.

(part of Major Modification definition).

No, as noted ..... 51.166(b)(2)(k) ............... EPA is not taking action on this 

section at this time. 

See footnotes 1 and 7. 

N/A .................................... D–II.A.23.e. ....... This definition shall not apply 

* * * for a PAL.

(part of Major Modification definition).

No ..................... 51.166(b)(2)(iv) ...............

51.165(a)(1)(v)(D) 

EPA is not taking action on this 

section at this time. 

Note that the reference in this 

definition should be to II.A.31 

not II.A.2., and Colorado will 

correct this reference in a future revision of Regulation 3. 

See footnote 1. 

A–I.B.36. ........................... D–II.A.27. (except 

II.A.27.c.(iv) 

and 

II.A.27.g.(v)).

Net Emissions Increase definition Yes, except as 

noted below.

51.166(b)(3) ....................

51.165(a)(1)(vi) 

Colorado has added additional 

language at II.A.27.c.(iii), and 

II.A.27.g.(i) 

EPA is approving the renumbering of this provision and the 

addition of the phrase ‘‘With respect to any regulated NSR 

pollutant emitted by a major 

stationary source,’’ in II.A.27.a. 

Note that provision II.A.27.a.(i) 

references ‘‘I.A.4.’’ However, 

there is no I.A.4.and this reference will be deleted by Colorado. 

See footnote 5. 

N/A .................................... D–II.A.27.c.(iv) .. Net emissions increase at a clean 

unit.

(part of Net Emissions Increase 

definition).

No ..................... 51.166(b)(3)(iii)(c) ...........

51.165(a)(1)(vi)(C)(3) 

EPA is not taking action on this 

part of the definition at this 

time. 


tkelley on DSK3SPTVN1PROD with RULES
1032 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

N/A .................................... D–II.A.27.g.(v) ... Net emissions increase at a clean 

unit and pollution control 

project.

(part of Net Emissions Increase 

definition).

No ..................... 51.166(b)(3)(vi)(d) ..........

51.165(a)(1)(vi)(E)(5) 

EPA is not taking action on this 

part of the definition at this 

time. 

A–I.B.44 ............................ A–I.B.35. ........... Potential to Emit definition ........... No ..................... 51.166(b)(4) ....................

51.165(a)(1)(iii) ...............

EPA is not taking action on this 

definition. 

See footnote 1. 

A–I.B.55. ........................... D–II.A.43. .......... Secondary Emissions definition ... Yes .................... 51.166.(b)(18) .................

51.165(a)(1)(viii) 

EPA is approving the renumbering of this definition. 

See footnote 3. 

A–I.B.57. ........................... D–II.A.44. (except II.A.44.a).Significant definition ..................... Yes .................... 51.166.(b)(23) .................

51.165(a)(1)(x) 

EPA is approving this definition. 

See footnote 2. 

A–I.B.58. Major Stationary 

Source.

D–II.A.25. .......... Major Stationary Source definition 

(introductory).

Yes, except as 

noted below.

51.166(b)(1)(i) ................

51.165(a)(1)(iv) 

EPA is approving this definition 

except for section D–II.A.25.b. 

See footnote 2. 

A–I.B.58.a. ........................ D–II.A.25.b. ....... For the purpose of determining 

whether a source in a nonattainment area is subject * * *.

(part of Major Stationary Source 

definition).

No, as noted ..... 51.165(a)(1)(iv)(A)(1) ..... EPA is not taking action, at this 

time, on this part of the definition. 

Provision A–I.B.58.a. in the current codified SIP remains in effect as part of the definition of 

Major Stationary Source. 

See footnote 1. 

A–I.B.58.b. ........................ D–II.A.25.a. ....... For the purpose of determining 

whether a source in an attainment or unclassifiable area.

(part of Major Stationary Source 

definition).

Yes .................... 51.166(b)(1)(i)(a) ............ EPA is approving this definition. 

See footnote 2. 

A–I.B.58.c. ........................ D–II.A.25.c. ....... Major stationary source includes 

any physical change that would 

occur at a stationary source.

(part of Major Stationary Source 

definition).

Yes .................... 51.166(b)(1)(i)(c) ............

51.165(a)(1)(iv)(A)(2) 

EPA is approving this definition. 

See footnote 2. 

A–I.B.58.d. ........................ D–II.A.25.d. ....... A major stationary source that is 

major for volatile organic compounds shall be considered 

major * * *.

(part of Major Stationary Source 

definition).

No ..................... 51.166(b)(1)(ii) ................

51.165(a)(1)(iv)(B) 

EPA is not approving this definition. 

See footnote 1. 

A–I.B.58.f. ......................... D–II.A.25.e. ....... The fugitive emissions of a stationary source shall not be included.

(part of Major Stationary Source 

definition).

Yes .................... 51.166(b)(1)(iii) ...............

51.165(a)(1)(iv)(C) 

EPA is approving this definition. 

See footnote 2. 

A–I.B.58.e. ........................ D–II.A.25.f. ........ Emissions caused by indirect air 

pollution sources.

(part of Major Stationary Source 

definition).

Yes .................... NA .................................. EPA is approving this definition. 

The reference in this definition to 

‘‘I.B.22. of Part A’’ is at is at A– 

I.B.58. in the current codified 

SIP. 

See footnote 2. 

A–I.B.58.g. ........................ D–II.A.25.g. ....... A major stationary source in the 

Denver Metro PM10 * * *.

(part of Major Stationary Source 

definition).

No ..................... NA .................................. EPA is not acting on this definition in this action. This definition was not included in Colorado’s October 25, 2005 submission of Regulation No. 3, 

and was therefore proposed for 

approval erroneously in EPA’s 

December 7, 2005 proposed 

approval. 

See footnote 1. 

N/A .................................... D–III. ................. Permit Review Procedures .......... Yes .................... NA .................................. EPA is approving this section. 

See footnote 6. 

N/A .................................... D–III.A. .............. Major Stationary Sources must 

apply for CP or OP.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 6. 

B–IV.B.5. ........................... D–III.B. .............. Process PSD applications w/in 12 

months.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

N/A .................................... D–IV. ................. Public Comment Requirements ... Yes .................... 51.166(q) ........................ EPA is approving this section. 

See footnote 6. 

N/A .................................... D–IV.A. ............. Public Notice ................................ Yes .................... 51.166(q) ........................ Copied from Part B, IV.C.4. of 

current codified SIP. 

EPA is approving this section. 

The reference in D–IV.A. to 

‘‘III.C.3. of Part B’’ is at B– 

IV.C.3. in the current codified 

SIP. 

See footnote 6. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1033 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

B–IV.C.4.—from ‘‘For 

sources subject to the 

provisions of section 

IV.D.3.’’ to ‘‘The newspaper notice’’.

D–IV.A.1. .......... Public notice of NSR and PSD 

permit applications.

Yes .................... 51.166(q)(ii) and (iv) ....... EPA is approving this section. 

See footnote 2. 

B–IV.C.4.f. ......................... D–IV.A.2. .......... Additionally, for permit applications * * * (request comment 

on).

Yes .................... 51.166(q)(iii) ................... EPA is approving this section. 

See footnote 2. 

B–IV.C.5. ........................... D–IV.A.3. .......... Within 15 days after prepare PA Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.C.6. ........................... D–IV.A.4. .......... Hearing request for innovative 

control.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.C.7. ........................... D–IV.A.5. .......... Hearing request transmitted to 

commission.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.C.8. ........................... D–IV.A.6. .......... Commission shall hold public 

comment hearing.

Yes .................... 51.166(q)(v) .................... EPA is approving this section. 

See footnote 2. 

B–IV.C.9. ........................... D–IV.A.7. .......... 15 days after division makes final 

decision on application.

Yes .................... 51.166(q)(viii) ................. EPA is approving this section. 

See footnote 2. 

B–IV.D.2. ........................... D–V. .................. Requirements Applicable to Nonattainment Areas (Introductory).Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.D.2.a. ........................ D–V.A. .............. Major Stationary Sources ............ Yes .................... 51.165, Appx. S.IV.A. ..... EPA is approving this section. 

The reference in D–V.A. to 

‘‘III.D.1. of Part B’’ is at B– 

IV.D.1. in the current codified 

SIP. 

See footnote 2. 

B–IV.D.2.a.(i) through (iii) D–V.A.1. 

through 3..

Major Stationary Sources ............ Yes .................... 51.165, Appx. S.IV.A. .....

Conditions 1–4 

EPA is approving this section. 

See footnote 2. 

B–IV.D.2.a.(iii)(C) 2nd par D–V.A.3.d. ........ With respect to offsets from outside nonattainment area.Yes .................... 51.165, Appx. S.IV.D. .... EPA is approving this section. 

See footnote 2. 

B–IV.D.2.a.(iv) ................... D–V.A.4. ........... The permit application shall include an analysis of alternative 

sites * * *.

Yes .................... 51.165, Appx. S.IV.D. .... EPA is approving this section. 

See footnote 2. 

B–IV.D.2.a.(v) ................... D–V.A.5. ........... Offsets for which emission reduction credit is taken * * *.Yes .................... 51.165, Appx. S.V.A. ...... EPA is approving this section. 

See footnote 2. 

B–IV.D.2.a.(vi) ................... D–V.A.6. ........... The applicant will demonstrate 

that emissions from the proposed source will not adversely 

impact visibility * * *.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.D.2.b. ........................ D–V.A.7. ........... Applicability of Certain Nonattainment Area Requirements.Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.D.2.b.(i) .................... D–V.A.7.a. ........ Any major stationary source in a 

nonattainment area * * *.

Yes .................... NA .................................. EPA is approving this section. 

See footnote 2. 

B–IV.D.2.b.(ii) .................... D–V.A.7.b. ........ The requirements of section V.A. 

shall apply at such time that 

any stationary source * * *.

Yes .................... 51.165(a)(5)(ii) ................ EPA is approving this section. 

See footnote 2. 

N/A .................................... D–V.A.7.c. ......... The following provisions apply to 

projects at existing emissions 

units * * * (‘‘Reasonable possibility’’ provisions in nonattainment areas).

(part of Applicability of Certain 

Nonattainment Area Requirements).

No ..................... 51.165(a)(6) .................... EPA is not taking action on this 

provision at this time. 

See footnote 1. 

N/A .................................... D–V.A.7.d. ........ Documents available for review 

upon request.

(part of Applicability of Certain 

Nonattainment Area Requirements).

No ..................... 51.165(a)(7) .................... EPA is not taking action on this 

section at this time. 

See footnote 1. 

B–IV.D.2.c. (and subsections).D–V.A.8. ........... Exemptions from Certain Nonattainment Area Requirements.Yes .................... 51.165, Appx. S.IV.B.. .... EPA is approving this section. 

See footnote 2. 

B–IV.D.3. ........................... D–VI. ................. Requirements Applicable to Attainment Areas.

(Introductory) 

Yes .................... NA .................................. EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.a. (and subsections not listed 

below).

D–VI.A. ............. Major Stationary Sources and 

Major Modifications.

Yes .................... 51.166(j) ......................... EPA is approving this provision. 

The reference in D–VI.A. to 

‘‘III.D.1. of Part B’’ is at B– 

IV.D.1. in the current codified 

SIP. 

See footnote 2. 

B–IV.D.3.a.(i)(C) ............... D–VI.A.1.c. ........ For phased construction * * * ..... Yes .................... 51.166(j)(4) ..................... EPA is approving the renumbering of this provision. 

See footnote 3. 

B–IV.D.3.a.(iii)(D) .............. D–VI.A.3.d. ....... In general, the continuous air 

monitoring data.

Yes .................... 51.166(m)(1)(iv) .............. EPA is approving this provision. 

See footnote 2. 


tkelley on DSK3SPTVN1PROD with RULES
1034 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

B–IV.D.3.a.(iii)(D) .............. D–VI.A.4. .......... Post-construction monitoring ....... Yes .................... 51.166(m)(2) ................... EPA is approving this provision. 

Colorado has revised this provision to make post construction 

monitoring at the director’s discretion as allowed by 

51.166(m)(2). 

See footnote 2. 

B–IV.D.3.a(vi) .................... D–VI.A.6 ........... Additional Impact Analysis ........... Yes .................... ......................................... EPA is approving the renumbering of this provision. 

See footnote 3. 

B–IV.D.3.b. ........................ D–VI.B. ............. Applicability of Certain PSD Requirements.Yes .................... NA .................................. EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.b.(i) .................... D–VI.B.1. .......... The requirements of section VI.A. 

do not apply * * *.

Yes .................... 51.166(i)(1) and (2) ........ EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.b.(ii) .................... D–VI.B.2. .......... The requirements contained in 

sections VI.A.2. through VI.A.4.

Yes .................... 51.166(i)(3) and (4) ........ EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.b.(iii) ................... D–VI.B.3. (including D– 

VI.B.3.b., c., 

and d.).

The division may exempt a proposed major stationary source 

or major modification from the 

requirements of sections 

VI.A.3. through VI.A.5. of this 

Part, with respect to monitoring 

for a particular pollutant if * * *.

Yes .................... 51.166(i)(5) ..................... Colorado has reworded D–VI.B.3. 

and deleted unnecessary language. 

EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.b.(iii)(A)(1)–(12) D–VI.B.3.a.(i)– 

(ix).

Deleted Mercury, Beryllium, Vinyl 

chloride.

Yes .................... 51.166(i)(5)(i) .................. EPA is approving this provision. 

The deletion is consistent with 

section 112(b)(6) of the Act. 

See related discussion in section II, Response to Comments. 

See footnote 2. 

B–IV.D.3.b.(iv) ................... D–VI.B.4. .......... The requirements of this Part D 

shall apply * * *.

Yes .................... 51.166(i)(6) ..................... EPA is approving this provision. 

See footnote 2. 

N/A .................................... D–VI.B.5. .......... The following provisions apply to 

projects at existing emissions 

units (‘‘Reasonable possibility’’ 

provisions PSD).

(part of Applicability of Certain 

PSD Requirements).

No ..................... 51.166(r)(6) .................... EPA is not taking action on this 

provision at this time. 

See footnote 1. 

N/A .................................... D–VI.B.6. .......... Documents available for review 

upon request.

(part of Applicability of Certain 

PSD Requirements).

No ..................... 51.166(r)(7) .................... EPA is not taking action on this 

section at this time. 

See footnote 1. 

B–IV.D.3.b.(v) ................... D–VI.B.7. .......... A stationary source or modification may apply.Yes .................... 51.166(i)(9) ..................... EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.c. ........................ D–VI.C. ............. Notice to EPA .............................. Yes .................... 51.166(p)(1) .................... EPA is approving this provision. 

See footnote 2. 

B–IV.D.3.d. ........................ D–VI.D. ............. Major Stationary Sources in attainment areas affecting nonattainment area.Yes .................... 51.165(b) ........................ EPA is approving this section. 

The reference in D–VI.D. to 

‘‘III.D.1. of Part B’’ is at B– 

IV.D.1. in the current codified 

SIP. 

See footnote 2. 

B–IV.D.4. ........................... D–VII. ................ Negligibly Reactive VOCs ........... Yes .................... 51.100(s) ........................ EPA is approving this provision. 

See footnote 2. 

B–V. .................................. D–VIII. ............... Area Classifications ..................... Yes, with the exception of D– 

VIII.B.

51.166(e) ........................ EPA is approving this provision 

with the exception of D–VIII.B. 

See footnote 2. 

N/A .................................... D–VIII.B. ........... All other areas of Colorado, (part 

of Area Classifications).

No ..................... NA .................................. EPA is not taking action on this 

section at this time. 

See footnote 1. 

B–VI. ................................. D–IX. ................. Redesignation .............................. Yes .................... 51.166(e) ........................ EPA is approving this provision. 

See footnote 2. 

B–VII. ................................ D–X. .................. Air Quality Limitations .................. Yes, with the exception of D– 

X.A.5.

51.166(c) ........................ EPA is approving this provision 

with the exception of D–X.A.5. 

See footnote 2. 

N/A .................................... D–X.A.5. ........... Increment Consumption Restriction.

(part of Air Quality Limitations) 

No ..................... NA .................................. EPA is not taking action on this 

provision at this time. 

See footnote 1. 

B–VIII. ............................... D–XI. ................. Exclusions from Increment Consumption.Yes .................... 51.166(f) ......................... EPA is approving this provision. 

See footnote 2. 

B–IX. ................................. D–XII. ................ Innovative Control Technology .... Yes .................... 51.166(s) ........................ EPA is approving this provision. 

See footnote 2. 

B–X. .................................. D–XIII. ............... Federal Class I Areas .................. Yes .................... 51.166(p) ........................ EPA is approving this section. 

The reference in D–XIII.C. to 

‘‘III.B. of Part B’’ is at B–IV.B. 

in the current codified SIP. 

See footnote 2. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1035 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

B–XI. ................................. D–XIV. .............. Visibility ........................................ No ..................... NA .................................. EPA is not taking action on this 

section at this time. 

See footnote 1. 

N/A .................................... A–I.B.13. ........... CEMS definition ........................... No ..................... 51.166(b)(43) ..................

51.165(a)(1)(xxxiv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... A–I.B.14. ........... CERMS definition ........................ No ..................... 51.166(b)(46) ..................

51.165(a)(1)(xxxiv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... A–I.B.15. ........... CPMS definition ........................... No ..................... 51.166(b)(45) ..................

51.165(a)(1)(xxxiii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... A–I.B.33. ........... Pollution Prevention definition ..... No ..................... 51.166(b)(38) ..................

51.165(a)(1)(xxvi) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... A–I.B.36. ........... PEMS definition ........................... No ..................... 51.166(b)(44) ..................

51.165(a)(1)(xxxii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–I.A.–I.A.1. ..... General Applicability ....................

(Introductory) 

Yes .................... 51.165(a)(2)(iii)(A) and 

(B).

EPA is approving the language in 

section I.A.1 only. 

See footnote 6. 

N/A .................................... D–I.A.2.–I–A.3 .. General Applicability ....................

(Continued) 

No ..................... 51.166(a)(7) (iv)(a)and 

(b).

EPA is not taking action on these 

sections at this time. 

See footnote 1. 

N/A .................................... D–I.B ................. Applicability Tests ........................ No ..................... 51.166(a)(7)(iv)(c), (d), 

and (f).

51.165(a)(2)(ii)(C), (D), 

and (F).

EPA is not taking action on this 

section at this time. 

The reference in D–I.B.5. to 

‘‘I.B.26. of Part A’’ is at A– 

I.B.35.c. in the current codified 

SIP. 

See footnote 1. 

N/A .................................... D–I.B.3. ............. Emission tests at clean units .......

(part of Applicability Tests) 

No ..................... 51.166 (a)(7)(iv)(e) .........

51.165(a)(2)(ii)(E) 

EPA is not taking action on this 

provision at this time. 

See footnote 1. 

N/A .................................... D–I.B.4. second 

sentence.

For example, for a project involves both an existing unit and 

a clean unit * * *.

(part of Applicability Tests) 

No ..................... 51.166(a)(7)(iv)(f) second 

sentence.

51.165(a)(2)(ii)(F) second sentence.

EPA is not taking action on this 

part of provision D–I.B.4. at this 

time. 

See footnote 1. 

N/A .................................... D–I.C. ................ For any major stationary source 

requesting, or operating under, 

a Plantwide Applicability Limitation * * *.

No ..................... 51.166 (a)(7)(v) ..............

51.165(a)(2)(iii) 

EPA is not taking action on this 

section at this time. 

See footnote 1, 

N/A .................................... D–I.D. ................ An owner or operator undertaking 

a Pollution Control Project 

* * *.

No ..................... 51.166 (a)(7)(vi) .............

51.165(a)(2)(iv) 

EPA is not taking action on this 

provision at this time. 

See footnote 1. 

N/A .................................... D–II.A.2. ............ Actuals PAL Definition ................. No ..................... 51.166(w)(2)(i) ................

51.165(f)(2)(i) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.4. ............ Baseline Actual Emissions definition.No ..................... 51.166(b)(47) ..................

51.165(a)(1)(xxxv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.7. ............ Begin Actual Construction definition.No ..................... 51.166(b)(11) ..................

51.165(a)(1)(xv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.9. ............ Clean Coal Technology definition No ..................... 51.166(b)(33) ..................

51.165(a)(1)(xxiii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.10. .......... Clean Coal Technology Demonstration Project definition.No ..................... 51.166(b)(34) ..................

51.165(a)(1)(xxiv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.11. .......... Clean Unit definition .................... No ..................... 51.166(b)(41) ..................

51.165(a)(1)(xxix) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.13. .......... Construction definition ................. No ..................... 51.166(b)(8) ....................

51.165(a)(1)(xxviii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.14. .......... Emissions Unit definition (for 

PSD/NSR purposes).

No ..................... 51.166(b)(7) ....................

51.165(a)(1)(vii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.15. .......... Electric Utility Steam Generating 

Unit definition.

No ..................... 51.166(b)(30) ..................

51.165(a)(1)(xx) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.17. .......... High Terrain definition ................. No ..................... 51.166(b)(25) .................. EPA is not taking action on this 

definition at this time. 

See footnote 1. 


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TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

N/A .................................... D–II.A.18. .......... Hydrocarbon Combustion Flare 

definition.

No ..................... 51.166(b)(31)(iv) .............

51.165(a)(1)(xv)(D) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.20. .......... Low Terrain definition .................. No ..................... 51.166(b)(26) .................. EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.22. .......... Major Emissions Unit definition ... No ..................... 51.166(w)(2)(iv) ..............

51.165(f)(2)(iv) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.28. .......... Nonattainment New Source Review definition.No ..................... 51.165(a)(1)(xxx) ............ EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.29. .......... PAL Effective Date definition ....... No ..................... 51.166(w)(2)(vi) ..............

51.165(f)(2)(vi) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.30. .......... PAL Effective Period definition .... No ..................... 51.166(w)(2)(vii) .............

51.165(f)(2)(vii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.31. .......... PAL Major Modification definition No ..................... 51.166(w)(2)(viii) ............

51.165(f)(2)(viii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.32. .......... PAL Permit definition ................... No ..................... 51.166(w)(2)(ix) ..............

51.165(f)(2)(ix) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.33. .......... PAL Pollutant definition ............... No ..................... 51.166(w)(2)(x) ...............

51.165(f)(2)(x) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.34. .......... Plantwide Applicability Limitation 

(PAL) definition.

No ..................... 51.166(w)(2)(v) ...............

51.165(f)(2)(v) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

NA ..................................... D–II.A.35. .......... Pollution Control Project definition No ..................... 51.166(b)(31) ..................

51.165(a)(1)(xxv) 

EPA is not taking action on this 

definition at this time. 

N/A .................................... D–II.A.36. .......... Prevention of Significant Deterioration Permit definition.No ..................... 51.166(b)(42) ..................

51.165(a)(1)(xli) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.37. .......... Project definition .......................... No ..................... 51.166(b)(51) ..................

51.165(a)(1)(xxxix) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.38. .......... Projected Actual Emissions definition.No ..................... 51.166(b)(40) ..................

51.165(a)(1)(xxviii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.39. .......... Reactivation of Very Clean CoalFired EUSGU definition.No ..................... 51.166(b)(37) .................. EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.40. (except II.A.40.c).Regulated NSR Pollutant definition.Yes .................... 51.166(b)(49) ..................

51.165(a)(1)(xxxvii) 

EPA is approving this definition. 

See footnote 6. 

N/A .................................... D–II.A.41. .......... Replacement Unit definition ......... No ..................... 51.166(b)(32) ..................

51.165(a)(1)(xxi) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.42. .......... Repowering definition .................. No ..................... 51.166(b)(36) .................. EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.45. .......... Significant Emissions Increase 

definition.

Yes .................... 51.166(b)(39) ..................

51.165(a)(1)(xxvii) 

EPA is approving this definition. 

See footnote 6. 

N/A .................................... D–II.A.46. .......... Significant Emissions Unit definition.No ..................... 51.166(w)(2)(xi) ..............

51.165(f)(2)(xi) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.47. .......... Small Emissions Unit definition ... No ..................... 51.166(w)(2)(iii) ..............

51.165(a)(1)(iii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–II.A.48. .......... Temporary Clean Coal Demonstration Project definition.No ..................... 51.166(b)(35) ..................

51.165(a)(1)(xxii) 

EPA is not taking action on this 

definition at this time. 

See footnote 1. 

N/A .................................... D–XV. ............... Clean Units .................................. No ..................... 51.166(t) and (u) ............

51.165(c) and (d) 

EPA is not taking action on this 

section at this time. 

See footnote 1. 

N/A .................................... D–XVI. .............. Pollution Control Projects ............ No ..................... 51.166(v) ........................

51.165(e) 

EPA is not taking action on this 

section at this time. 

See footnote 1. 

EPA is not taking action on this 

section at this time. 

The references in XVII.N.1.g and 

XVII.N.2.d. of this section to 

‘‘I.B.38. of Part A’’ are at A– 

I.B.53. in the current codified 

SIP. 


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5When footnote 3 appears in the ‘‘comment’’ 

column for a provision which EPA is approving, we 

are only incorporating the language in that 

provision that was previously approved into the SIP 

and subsequently renumbered for the July 11, 2005 

and October 25, 2005 submissions. The modified 

language for any such provision, which is italicized 

for additions and underlined for removals in the 

submissions, is not being addressed in this action 

and will be addressed in a future action. Similarly, 

when footnote 5 appears, we are only incorporating 

the language in that provision that was previously 

approved into the SIP and subsequently 

renumbered for the July 11, 2005 and October 25, 

2005 submissions, and the modification to the 

extent that the term ‘‘regulated NSR pollutant’’ 

replaces the phrase ‘‘air pollutant regulated under 

the Federal Act’’ (or equivalent phrase), and not any 

other modified language. 

TABLE 1—Continued 

Provision location in 

Colorado’s 

current SIP Reg 3 

(NA = not in current Colorado SIP) 

Provision location in 

Colorado’s 4/16/ 

2004 Reg 3 revision 

Provision description 

EPA is incorporating all or 

part of revision 

or addition into 

the SIP5

Equivalent provision in 

40 CFR 51.165 and 40 

CFR 51.166 

Comment 

(if applicable, see footnote) 

Colorado has revised D–XVII.I.2. 

(application deadline) to 12 

months prior to expiration instead of 6 months. 

Colorado has revised XVII.N.1. 

(Semi-Annual Report) to require submission of QA/QC 

data as requested, not as part 

of the semi annual report specified in 51.166(w)(14)(i)(c). 

N/A .................................... D–XVII. ............. Plantwide Applicability Limitations No ..................... 51.166(w) .......................

51.165(f) 

See footnote 1. 

Footnote 1: We are not taking action on this provision with this rulemaking. Approval of the change to or addition of the provision is not a necessary prerequisite for 

our action on the August 1, 2007 submittal, or the provision was not proposed for approval in our December 7, 2005 notice. We will take final action on this provision 

in a subsequent action. 

Footnote 2: We are approving this change of an existing Regulation No. 3 provision because the provision has only been renumbered, contains nonsubstantive 

changes to the provision that do not effect the meaning of the rule and/or has been modified to move a definition that has already been approved into the SIP to a 

specific rule section in which the definition applies. This renumbered provision and all subsections within this provision (unless otherwise noted) supersede and replace the prior numbered rule and subsections in Colorado’s federally approved SIP. 

Footnote 3: We are approving the renumbering of this existing provision. We are not taking action on the language in the provision that has been modified in the 

2005 submissions. All language that has been added to the existing provision is italicized in the submission, and all language that has been deleted from the existing 

provision is underlined in the submission. We will address these additions and removals in subsequent actions. 

Footnote 4: We are approving both the renumbering of the existing provision and the language in the provision that has been modified. 

Footnote 5: We are approving the renumbering of the existing provision, and the modification of the provision to the extent that the term ‘‘regulated NSR pollutant’’ 

replaces the phrase ‘‘air pollutant regulated under the Federal Act’’ (or equivalent phrase), but not any other modification of the provision. 

Footnote 6: We are approving the new provision. 

Footnote 7: Colorado has marked this part of the definition of Major Modification as underlined, meaning that the State intends it will only be effective until EPA approves the NSR Reform revisions for incorporation into the SIP. Colorado has since clarified that they intended that this provision remain as part of the definition of 

Major Modification as it applies to PSD sources located in attainment areas only, consistent with 40 CFR 51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior to EPA taking final action, EPA proposes to approve this addition to the definition of Major Modification into the SIP. 

EPA is also approving portions of the 

Regulation No. 3 revisions submitted to 

EPA by the State on August 1, 2007 that 

update the State’s PSD program to treat 

nitrogen oxides as an ozone precursor in 

accordance with the Phase 2 

implementation rule for the 1997 8-hour 

ozone NAAQS (70 FR 71612, November 

29, 2005). Other portions of the 

revisions submitted August 1, 2007 will 

be acted upon separately. The portions 

of the August 1, 2007 submission we are 

approving with this action are set out in 

the table below. As discussed above, 

this approval allows us to also finalize 

our concurrently proposed approval of 

the Colorado Interstate Transport SIP 

with respect to requirement (3) of 

section 110(a)(2)(D)(i) for the 1997 

ozone NAAQS. 

TABLE 2 

Provision location in Colorado’s 8/1/07 Reg 3 submission Provision location in Colorado’s 7/11/05 and 10/25/05 

submission 

Description of provision—language adopted for 

the 8/1/07 submission to conform to the Phase II 

Ozone implementation rule is italicized. 

Corresponding provision in 

40 CFR 51.166 

D–II.A.22.a .............................. D–II.A.23.a ............................. Significant emissions increase or net emissions 

increase (at a major source) that is significant 

for VOCs or NOX is significant for ozone.

51.166(b)(2)(ii) 

D–II.A.24.d .............................. D–II.A.25.d ............................. Major source that is major for VOCs or NOX is 

considered major for ozone.

51.166(b)(1)(ii) 

D–II.A.38.c .............................. D–II.A.40.c ............................. (E.G. volatile organic compounds and oxides of

nitrogen are precursors for ozone).

51.166(b)(49)(i) 

D–II.A.42.a .............................. D–II.A.44.a ............................. Ozone: 40 tons per year of volatile organic compounds or NOX.51.166(b)(23)(i) 

The discrepancy in the numbering of 

the provisions is the result of removal 

of provisions in other SIP revisions 

submitted between the 2005 and 2007 

submissions. In this action, EPA is 

treating the 2007 submission as revising 

the provisions as numbered in the 2005 

submission. When EPA acts on the 

intervening submissions that changed 

the numbering, the discrepancy will be 

resolved. 

V. Statutory and Executive Order 

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 


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1038 Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 

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 9, 2012. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile Organic 

Compounds. 

Dated: May 31, 2011. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

Note: This document was received at the 

Office of the Federal Register on January 3, 

2012. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 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)(120) to read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(120) The State of Colorado submitted 

revisions on October 25, 2005 and 

August 1, 2007 to Colorado’s 5 CCR 

1001–5 Regulation Number 3, Part D. 

The October 25, 2005 submittal 

included a renumbering of Regulation 

Number 3. The incorporation by 

reference in paragraph (c)(120)(i)(A) on 

this section reflects the renumbered 

sections as of the October 25, 2005 

submittal. Sections were removed from 

Part D between the October 25, 2005 

and August 1, 2007 submittal. The 

incorporation by reference in paragraph 

(c)(120)(i)(B) of this section reflects the 

numbering of the sections as of the 

August 1, 2007 submittal. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–5, Regulation 3, 

Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part D, Concerning Major 

Stationary Source New Source Review 

and Prevention of Significant 

Deterioration, adopted April 16, 2004 

and effective June 30, 2004: 

(1) Section I, Applicability, Sections 

I.A., General Applicability; I.A.1; 

(2) Section II, Definitions, 

(i) II.A; 

(ii) II.A.1, Actual Emissions; II.A.1.a 

(only the language that appears in plain 

or underlined text and not the language 

that appears as italicized text); II.A.1.b; 

II.A.1.c; II.A.1.e; 

(iii) II.A.3, Air Quality Related Value; 

(iv) II.A.5, Baseline Area; 

(v) II.A.6, Baseline Concentration; 

(vi) II.A.8, Best Available Control 

Technology (BACT) (the language that 

appears in plain or underlined text but 

not language that appears as italicized 

text, with the following exception—EPA 

is incorporating italicized text and is not 

incorporating underlined text when the 

combined effect of that action is to 

replace the phrase ‘‘air pollutant 

regulated under the Federal Act’’ (or an 

equivalent phrase) with the term 

‘‘regulated NSR pollutant’’); 

(vii) II.A.12, Complete; 

(viii) II.A.16, Federal Land Manager 

(FLM); 

(ix) II.A.19, Innovative Control 

Technology; 

(x) II.A.21, Lowest Achievable 

Emission Rate (LAER); II.A.21.a; 

II.A.21.b (only the language that appears 

in plain or underlined text and not the 

language that appears as italicized text); 

(xi) II.A.23, Major Modification (the 

language that appears in plain or 

underlined text but not language that 

appears as italicized text, with the 

following exception—EPA is 

incorporating italicized text and is not 

incorporating underlined text when the 

combined effect of that action is to 

replace the phrase ‘‘air pollutant 

regulated under the Federal Act’’ (or an 

equivalent phrase) with the term 

‘‘regulated NSR pollutant’’); II.A.23.b; 

II.A.23.c; II.A.23.d; II.A.23.d(i); 

II.A.23.d(ii); II.A.23.d(iv); II.A.23.d.(v); 


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II.A.23.d.(vi); II.A.23.d.(vii); 

II.A.23.d.(ix); II.A.23.f; 

(xii) II.A.24, Major Source Baseline 

Date; 

(xiii) II.A.25, Major Stationary Source; 

II.A.25.a; II.A.25.c; II.A.25.e; II.A.25.f; 

(xiv) II.A.26, Minor Source Baseline 

Date; 

(xv) II.A.27, Net Emissions Increase; 

II.A.27.a; (the language that appears in 

plain or underlined text and the 

addition of the italicized phrase ‘‘With 

respect to any regulated NSR pollutant 

emitted by any major stationary 

source’’); II.A.27.a.(i) (only the language 

that appears in plain or underlined text 

and not the language that appears as 

italicized text); II.A.27.a.(ii) (only the 

language that appears in plain or 

underlined text and not the language 

that appears as italicized text); II.A.27.b 

(only the language that appears in plain 

or underlined text and not the language 

that appears as italicized text); II.A.27.c; 

II.A.27.c.(i); II.A.27.c(ii); II.A.27.c(iii); 

II.A.27.d; II.A.27.e; II.A.27.f; II.A.27.g; 

II.A.27.g.(i); II.A.27.g.(ii); II.A.27.g.(iii) 

(only the language that appears in plain 

or underlined text and not the language 

that appears as italicized text); 

II.A.27.g.(iv); II.A.27.h; II.A.27.j; 

II.A.27.k, Creditable Decreases for Fuel 

Switching; 

(xvi) II.A.40, Regulated NSR 

Pollutant; II.A.40.a; II.A.40.b; II.A.40.d; 

II.A.40.e; 

(xvii) II.A.43, Secondary Emissions 

(only the language that appears in plain 

or underlined text and not the language 

that appears as italicized text); 

(xviii) II.A.44, Significant; II.A.44.b; 

II.A.44.c; 

(xix) II.A.45, Significant Emissions 

Increase; 

(3) Section III, Permit Review 

Procedures; 

(4) Section IV, Public Comment 

Requirements; 

(5) Section V, Requirements 

Applicable to Nonattainment Areas, 

Sections V.A, Major Stationary Sources; 

V.A.1; V.A.2; V.A.3; V.A.3.d; V.A.4; 

V.A.5; V.A.6; V.A.7, Applicability of 

Certain Nonattainment Area 

Requirements; V.A.7.a; V.A.7.b; V.A.8, 

Exemptions from certain nonattainment 

area requirements; 

(6) Section VI, Requirements 

applicable to attainment and 

unclassifiable areas and pollutants 

implemented under section 110 of the 

Federal Act (Prevention of Significant 

Deterioration Program), Sections VI.A, 

Major Stationary Sources and Major 

Modifications; VI.A.1, Control 

Technology Review; VI.A.1.a; VI.A.1.b; 

VI.A.1.c (only the language that appears 

in plain or underlined text and not the 

language that appears as italicized text); 

VI.A.2, Source Impact Analysis; VI.A.3, 

Pre-construction Monitoring and 

Analysis; VI.A.4, Post-Construction 

Monitoring; VI.A.5, Operation of 

Monitoring Stations; VI.A.6, Additional 

Impact Analysis (only the language that 

appears in plain or underlined text and 

not the language that appears as 

italicized text); VI.B, Applicability of 

Certain PSD Requirements; VI.B.1 

through VI.B.4; VI.B.7; VI.C, Notice to 

the U.S. EPA; VI.D, Major Stationary 

Sources in attainment areas affecting 

nonattainment areas; 

(7) Section VII, Negligibly Reactive 

Volatile Organic Compounds (NRVOCs); 

(8) Section VIII, Area Classifications, 

Sections VIII.A; VIII.C; VIII.D; 

(9) Section IX, Redesignation; 

(10) Section X, Air Quality 

Limitations, Sections X.A, Ambient Air 

Increments; X.A.1, X.A.2; X.A.3; X.A.4, 

Periodic Review; 

(11) Section XI, Exclusions From 

Increment Consumption; 

(12) Section XII, Innovative Control 

Technology; 

(13) Section XIII, Federal Class I 

Areas; adopted April 16, 2004 and 

effective June 30, 2004. 

(B) Regulation 3, Stationary Source 

Permitting and Air Pollutant Emission 

Notice Requirements, Part D, 

Concerning Major Stationary Source 

New Source Review and Prevention of 

Significant Deterioration, Section II, 

Definitions; Sections II.A; II.A.22.a; 

II.A.24.d; II.A.38.c; II.A.42.a; adopted 

August 17, 2006 and effective October 

30, 2006. 

■ 3. Section 52.352 is revised to read as 

follows: 

§ 52.352 Interstate transport. 

(a) Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport regarding the 1997 

8-Hour Ozone Standard for the 

‘‘significant contribution,’’ the 

‘‘interference with maintenance’’ 

requirements, and the addition of 

‘‘interference with visibility protection’’ 

requirements regarding the 1997 8-Hour 

Ozone and PM2.5 Standards, submitted 

by the Governor’s designee on June 18, 

2009 and March 31, 2010. 

(b) Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport SIP regarding the 

1997 8-Hour Ozone and 1997 PM2.5

Standards for the ‘‘interference with 

prevention of significant deterioration’’ 

requirement, and the addition of the 

‘‘significant contribution’’ and 

‘‘interference with maintenance’’ 

requirements regarding the 1997 PM2.5

Standards, submitted by the Governor’s 

designee on March 31, 2010. 

[FR Doc. 2012–70 Filed 1–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[WC Docket No. 10–191; Report No. 2939] 

Internet-Based Telecommunications 

Relay Service Numbering 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; petition for 

reconsideration. 

SUMMARY: In this document, a Petition 

for Reconsideration (Petition) has been 

filed in the Commission’s Rulemaking 

proceeding concerning rules that govern 

access to toll-free numbers by users of 

Internet-based Telecommunications 

Relay Services (iTRS). 

DATES: Oppositions to the Petition must 

be filed by January 24, 2012. Replies to 

an opposition must be filed February 3, 

2012. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hendrickson, Wireline 

Competition Bureau, (202) 418–1580. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

document, Report No. 2939, released 

December 23, 2011. The full text of this 

document is available for viewing and 

copying in Room CY–B402, 445 12th 

Street, SW., Washington, DC or may be 

purchased from the Commission’s copy 

contractor, Best Copy and Printing, Inc. 

(BCPI) (1–(800) 378–3160). The 

Commission will not send a copy of this 

Notice pursuant to the Congressional 

Review Act, 5 U.S.C. 801(a)(1)(A), 

because this Notice does not have an 

impact on any rules of particular 

applicability. 

Subject: Internet-Based 

Telecommunications Relay Service 

Numbering, published at 76 FR 59551, 

September 27, 2011, in WC Docket No. 

10–191, and published pursuant to 47 

CFR 1.429(e). See 1.4(b)(1) of the 

Commission’s rules (47 CFR 1.4(b)(1)). 

Number of Petitions Filed: 1. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

the Managing Director. 

[FR Doc. 2012–72 Filed 1–6–12; 8:45 am] 

BILLING CODE 6712–01–P 


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