61054 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2011–25336 Filed 9–30–11; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–0649; FRL–9290–2] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado Regulation Number 3: 

Revisions to the Air Pollutant Emission 

Notice Requirements and Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving State 

Implementation Plan (SIP) revisions 

regarding the Air Pollutant Emission 

Notice (APEN) regulations submitted by 

the State of Colorado on September 16, 

1997, June 20, 2003, July 11, 2005, 

August 8, 2006 and August 1, 2007. The 

APEN provisions in Sections II.A. 

through II.D., Part A of Colorado’s 

Regulation Number 3, specify the APEN 

filing requirements for stationary 

sources and exemptions from such 

requirements. This action is being taken 

under section 110 of the Clean Air Act 

(CAA). 

DATES: This final rule is effective 

November 2, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2007–0649. 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 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Freeman, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6602, 

freeman.crystal@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 State or Colorado 

mean the State of Colorado, unless the 

context indicates otherwise. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Section 110(l) of the CAA 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

The State of Colorado submitted 

formal revisions to their SIP between 

1997 and 2007 with Governor’s letters 

dated as follows: September 16, 1997; 

June 20, 2003; July 11, 2005; August 8, 

2006; and August 1, 2007. These 

submittals included revisions to the 

Colorado APEN provisions in 

Regulation Number 3, Part A, Sections 

II.A. through II.D. The Colorado APEN 

provisions in Regulation Number 3, Part 

A, Sections II.A. through II.C., specify 

requirements for stationary sources 

(major and minor) to file emission 

notices. These notices provide 

information such as the location where 

a source’s emissions will occur, the 

nature of the source or of the activity 

generating the expected emissions, and 

an estimate of the emissions’ quantity 

and composition. The Colorado APEN 

provisions in Regulation Number 3, Part 

A, Section II.D. exempt specific 

categories of sources from APEN 

requirements. 

EPA’s last final rulemaking action 

addressing revisions to Colorado’s 

APEN provisions was published January 

21, 1997 (62 FR 2910). The final rule 

today addresses the APEN SIP revisions 

discussed above. EPA’s final rule action 

on the revisions submitted by the State 

does not trace the APEN provision 

changes through each of the 

submissions noted above. For reasons of 

efficiency and clarity, EPA compared 

the language of each APEN provision as 

submitted by the State on August 1, 

2007 with the EPA-approved text of the 

same APEN provision in the 1997 

Colorado SIP. These changes are 

detailed in the technical support 

document available in the docket for 

this action. In Table 1 of Section IV. 

below, EPA provides the approvals, 

disapprovals and no actions being taken 

for each provision number as of the 

August 1, 2007 submittal. The reasons 

for EPA’s final action are discussed in 

our notice proposing action on these 

revisions and in the associated technical 

support document. (76 FR 4271 (Jan. 25, 

2011)). Through this approach to the 

cumulative revisions, EPA is taking 

final action on all APEN revisions— 

with certain exceptions noted below—as 

submitted by the State of Colorado on 

September 16, 1997, June 20, 2003, July 

11, 2005, August 8, 2006, and August 1, 

2007. 

II. Response to Comments 

EPA did not receive comments on our 

January 25, 2011 Federal Register 

proposed action regarding the partial 

approval and partial disapproval of 

Colorado’s SIP revisions to their 

Regulation Number 3, Part A, Sections 

II.A. through II.D. 

III. Section 110(l) of the CAA 

Section 110(l) of the CAA 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 

requirements of the Act. Those portions 

of the revisions to Colorado’s Regulation 

Number 3, Part A, Sections II.A. through 

II.D. that we are approving satisfy 

section 110(l), because those portions do 

not relax existing SIP requirements. 

Instead, the revisions that EPA is 

approving increase stringency of 

existing provisions, clarify existing 

provisions, or remove obsolete 

provisions. Therefore, section 110(l) is 

satisfied for the provisions that EPA is 

approving. However, EPA is 

disapproving some exemptions in part 

because those provisions relax existing 

SIP requirements. (See 76 FR 4271.) 

Because EPA is disapproving those 

provisions, section 110(l) is satisfied. 

IV. Final Action 

EPA is partially approving and 

partially disapproving the Colorado SIP 

revisions for APEN requirements and 

exemptions submitted by the State on 

September 16, 1997, June 20, 2003, July 

11, 2005, August 8, 2006, and August 1, 

2007. As noted above, EPA’s evaluation 

of the revisions submitted by the State 


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Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 61055 

1The revision changes the reference from 

Regulation Number 1 to Regulation Number 9, 

which is enforceable only by the State. 

does not track the APEN provision 

changes through each of the 

submissions, but instead, for each 

provision, compared the textual changes 

between the EPA-approved Colorado 

APEN provisions effective February 21, 

1997, and the Colorado-adopted APEN 

provisions included with the August 1, 

2007 submittal. Below is a 

comprehensive summary of EPA’s final 

action—approval, disapproval or no 

action—for each of the Colorado APEN 

provisions in Regulation Number 3, Part 

A, Section II. The APEN provision 

numbers are as codified in the August 

1, 2007 submission. 

In addition to Table 1 below, EPA is 

approving revisions to the following 

provisions in Regulation Number 3, Part 

A, Section II: (1) Deletion of provisions 

II.B.8., II.B.10., and II.D.4.b.; and (2) 

renumbering of APEN requirements, the 

entirety of the language and their new 

location in Section I.B. The provision 

references, before the renumbering, 

were: II.B.5. and II.B.9. The references, 

after the renumbering, are, respectively, 

I.B.43 and I.B.16. 

EPA is disapproving revisions to the 

following provisions in Regulation 

Number 3, Part A, Section II, which can 

also be found in Table 1 below: (1) A 

revision to II.D.1.q., regarding the APEN 

exemption for open burning activities; 1

(2) new exemption II.D.1.sss. and its 

subprovisions, which would exempt 

three tiers of stationary internal 

combustion engines from APEN 

requirements; (3) new exemption 

II.D.1.ttt. and its subprovisions, which 

would exempt three tiers of emergency 

power generators from APEN 

requirements; (4) new exemption 

II.D.1.xxx., which exempts deaerator/ 

vacuum pump exhausts; and (5) new 

exemption II.D.1.ffff., applicable to Air 

Curtain Destructors. 

EPA is taking no action on the 

following provisions, also found in 

Table 1 below, in Regulation Number 3, 

Part A, Section II: (1) II.D.1.m; II.D.1.ee; 

II.D.1.uu; II.D.1.ddd; and II.D.1.eeee., 

because EPA already proposed approval 

of the repeal of these exemptions in a 

separate action published on July 21, 

2010 (75 FR 42346); and (2) the revision 

to APEN exemption II.D.1.uuu., because 

we proposed approval of the revision in 

the same July 21, 2010 proposal. The 

remaining provisions listed in the ‘‘No 

Action’’ section of the table were not 

revised by the State in any of the 

submittals that are the subject of this 

action. 

TABLE 1—LIST OF COLORADO APEN PROVISIONS (REQUIREMENTS AND EXEMPTION IN SECTIONS II.A THROUGH II.D OF

PART A, REGULATION NUMBER 3) BY EPA—FINAL RULE

EPA’s final rule APEN provision number in August 1, 2007 submission 

Approval ................................... II.A; II.B.1; II.B.1.b; II.B.2; II.B.3; II.B.3.a; II.B.4.a. through II.B.4.f; II.B.5; II.B.6 2; II.C., II.C.1, II.C.1.a; II.C.1.h; 

II.C.2; II.C.2.b; II.C.2.b.(i) through II.C.2.b.(iv); II.C.3; II.C.3.a through II.C.3.d; II.D; II.D.1; II.D.1.a; II.D.1.f 

through II.D.1.i; II.D.1.j; II.D.1.k; II.D.1.n; II.D.1.x; II.D.1.y; II.D.1.aa; II.D.1.bb; II.D.1.kk; II.D.1.nn; II.D.1.oo; 

II.D.1.aaa; II.D.1.bbb; II.D.1.ccc; II.D.1.fff; II.D.1.ggg; II.D.1.lll; II.D.1.nnn. through II.D.1.rrr; II.D.1.vvv; 

II.D.1.www; II.D.1.yyy through II.D.1.dddd; II.D.2 through II.D.6. 

Disapproval .............................. II.D.1.q; II.D.1.sss; II.D.1.sss(i); II.D.1.sss(ii); II.D.1.sss(iii); II.D.1.ttt; II.D.1.ttt(i); II.D.1.ttt(ii); II.D.1.ttt(iii); 

II.D.1.xxx; II.D.1.ffff. 

No Action ................................. II.B; II.B.1.a; II.B.3.b; II.B.4; II.C.1.b. through II.C.1.g; II.C.2.a; II.D.1.b. through II.D.1.e; II.D.1.i.(i). through 

II.D.1.i.(iii); II.D.1.l; II.D.1.m; II.D.1.o; II.D.1.p; II.D.1.r. through II.D.1.w; II.D.1.z; II.D.1.cc; II.D.1.dd; II.D.1.ee; 

II.D.1.ff. through II.D.1.jj; II.D.1.ll; II.D.1.mm; II.D.1.pp. through II.D.1.tt; II.D.1.uu; II.D.1.vv. through II.D.1.zz; 

II.D.1.ddd; II.D.1.eee; II.D.1.hhh. through II.D.1.kkk; II.D.1.mmm; II.D.1.uuu; II.D.1.eeee. 

2For provisions II.B.5. and II.B.6., we are approving the renumbering. 

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. 


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61056 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Rules and Regulations 

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 December 2, 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 24, 2011. 

Carol Rushin, 

Deputy Regional Administrator, Region 8. 

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 paragraphs (c)(72)(i)(F) and 

(c)(119) to read as follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

(72) * * * 

(i) * * * 

(F) Previously approved in paragraph 

(c)(72)(i)(D) under Regulation No. 3, Air 

Contaminant Emissions Notices, 5 CCR 

1001–5. These sections are now deleted 

without replacement: II.B.7., II.B.8., 

II.B.9., II.B.10., and II.D.7, effective 

October 30, 2006. 

* * * * * 

(119) The State of Colorado submitted 

revisions on September 16, 1997, June 

20, 2003, July 11, 2005, August 8, 2006 

and August 1, 2007 to Colorado’s 5 CCR 

1001–5 Regulation Number 3, Part A, 

Section II. The August 1, 2007 submittal 

included a renumbering of sections in 

II.B and II.D. The incorporation by 

reference in (c)(119)(i)(A) reflects the 

renumbered provisions as of the August 

1, 2007 submittal. Additionally, the 

State of Colorado deleted sections 

II.B.7., II.B.8., II.B.9., II.B.10., and II.D.7. 

without replacement. The deletion of 

these provisions has been incorporated 

by reference at (c)(72)(i)(F) of this 

section, the paragraph containing the 

original incorporation by reference of 

the provisions. 

(i) Incorporation by reference. 

(A) 5 CCR 1001–5, Regulation 3, 

Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part A, Concerning 

General Provisions Applicable to 

Reporting and Permitting, Section II, Air 

Pollutant Emission Notice (APEN) 

Requirements, Sections II.A, Air 

Pollutant Emission Notices for New, 

Modified, and Existing Sources; II. B, 

General; II.B.1, Emission Estimate; 

II.B.1.b, Other engineering calculations; 

II.B.2, Air Pollutant Emission Notice 

Term; II.B.3, APEN Applicability; 

II.B.3.a, Criteria Pollutants; II.B.4.a; 

II.B.4.b; II.B.4.c; II.B.4.d; II.B.4.e; II.B.4.f; 

the undesignated text immediately 

following II.B.4.f and preceding II.B.5; 

II.B.5; II.B.6; II.C, Revised Air Pollutant 

Emission Notices; II.C.1; II.C.1.a; 

II.C.1.h; II.C.2; II.C.2.b; II.C.3; II.D, 

Exemptions from Air Pollutant Emission 

Notice Requirements; II.D.1; the 

undesignated text immediately 

following II.D.1 and preceding II.D.1.a; 

II.D.1.a; II.D.1.f; II.D.1.g; II.D.1.h; II.D.1.i 

(excluding subprovisions); II.D.1.j; 

II.D.1.k; II.D.1.n; II.D.1.x; II.D.1.y; 

II.D.1.aa; II.D.1.bb; II.D.1.kk; II.D.1.nn; 

II.D.1.oo; II.D.1.aaa; II.D.1.bbb; 

II.D.1.ccc; II.D.1.fff; II.D.1.ggg; II.D.1.lll; 

the undesignated text immediately 

following II.D.1.lll and preceding 

II.D.1.mmm; II.D.1.nnn., II.D.1.ooo; 

II.D.1.ppp; II.D.1.qqq; II.D.1.rrr; 

II.D.1.vvv; II.D.1.www; II.D.1.yyy; 

II.D.1.zzz; II.D.1.aaaa; II.D.1.bbbb; 

II.D.1.cccc; II.D.1.dddd; II.D.2; II.D.3; 

II.D.4; II.D.5; II.D.6; effective October 30, 

2006. 

■ 3. Add paragraph (e) to § 52.329 as 

follows: 

§ 52.329 Rules and regulations. 

* * * * * 

(e) The State of Colorado submitted 

revisions on September 16, 1997, June 

20, 2003, July 11, 2005, August 8, 2006 

and August 1, 2007 to Colorado’s 5 CCR 

1001–5 Regulation Number 3, Part A, 

Section II. One of the revisions deleted 

two provisions from Section II and 

moved them to Section I of Regulation 

Number 3, Part A. The revised 

regulatory provisions read as follows: 

(1) 5 CCR 1001–5, Regulation 3, 

Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part A, Concerning 

General Provisions Applicable to 

Reporting and Permitting, Section I, 

Applicability, Section I.B.16, Criteria 

Pollutants,; effective June 30, 2004: 

(i) Those pollutants for which the U.S. 

EPA has established national ambient 

air quality standards, including: carbon 

monoxide, nitrogen dioxide, sulfur 

dioxide, PM10, total suspended 

particulate matter, ozone, volatile 

organic compounds (as a precursor to 

ozone), and lead. For the purposes of 

Air Pollutant Emission Notice reporting, 

criteria pollutants shall also include 

nitrogen oxides, fluorides, sulfuric acid 

mist, hydrogen sulfide, total reduced 

sulfur, reduced sulfur compounds, 

municipal waste combustor organics, 

municipal waste combustor metals, and 

municipal waste combustor acid gases. 

(2) 5 CCR 1001–5, Regulation 3, 

Stationary Source Permitting and Air 

Pollutant Emission Notice 

Requirements, Part A, Concerning 

General Provisions Applicable to 

Reporting and Permitting, Section I, 

Applicability, Section I.B.43, 

Uncontrolled Actual Emissions; 

effective June 30, 2004: 

(i) The annual emission rate 

corresponding to the annual process rate 

listed on the Air Pollutant Emission 

Notice form, without consideration of 

any emission control equipment or 

procedures. The division may allow a 

source to forego calculating or 

estimating its uncontrolled actual 

emissions of hazardous air pollutants 

upon a showing by the source and a 

determination by the division that the 

creation of such data is unreasonably 

costly, technically impractical or not 

reasonably related to information 

necessary for making regulatory 

decisions with respect to that source. 

The division’s final determination may 

be appealed to the commission by the 

source. 

[FR Doc. 2011–25292 Filed 9–30–11; 8:45 am] 

BILLING CODE 6560–50–P 


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