```

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Pages 55055-55061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23075]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2015-0493; FRL-9933-90-Region 8]

Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revisions to Common Provisions and Regulation Number 3; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
approval of State Implementation Plan (SIP) revisions submitted by the 
State of Colorado on March 31, 2010, May 16, 2012, and May 13, 2013. 
The revisions are to Colorado Air Quality Control Commission 
(Commission) Regulation Number 3, Parts A, B, and D and Common 
Provisions Regulation. The revisions include administrative changes to 
permitting requirements for stationary sources, updates to the fine 
particulate matter less than 2.5 microns in diameter (PM2.5) 
implementation rules related to the federal New Source Review (NSR) 
Program, changes to address previous revisions to Air Pollutant 
Emission Notice (APEN) regulations that EPA disapproved or provided 
comments on, revisions to definitions, and minor editorial changes. 
Also in this action, EPA is proposing to correct a final rule 
pertaining to Colorado's SIP published on April 24, 2014. In our April 
24, 2014 action, regulatory text and corresponding ``incorporation by 
reference'' (IBR) materials were inadvertently excluded for (1) 
greenhouse gas permitting revisions to the Common Provisions 
Regulation, and (2) minor editorial changes to the Common Provisions 
Regulation and Parts A, B, and D of Regulation Number 3 (adopted 
October 10, 2010). This action is being taken under section 110 of the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before October 14, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2015-0493, by one of the following methods:
    http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: dobrahner.jaslyn@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted 
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2015-0493. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA, without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.

[[Page 55056]]

Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to section I, General 
Information, of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, 
dobrahner.jaslyn@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through http://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register, date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    A. On March 31, 2010 the State of Colorado submitted a SIP revision 
containing amendments to the Common Provisions Regulation sections 
I.A., I.B., I.C., I.D., I.E., I.F., I.G., II.B., II.C., II.E., II.H. 
and II.J. The amendments update the definition of ``negligibly reactive 
volatile organic compound,'' add clarification to the definition of 
``volatile organic compound,'' and make minor editorial changes. The 
Commission adopted the amendments on December 17, 2009 (effective 
January 30, 2010).
    B. On May 16, 2012 the State submitted a SIP revision containing 
amendments to Regulation Number 3, Parts A, B and D. The amendments 
modify the permitting requirements for stationary sources in Colorado 
by: (1) Incorporating into state regulations changes to the federal NSR 
Program related to the PM2.5 National Ambient Air Quality 
Standards (NAAQS); (2) revising state regulations to address past rule 
revisions that were disapproved or commented on by EPA; (3) deferring 
permitting requirements for biogenic sources of carbon dioxide 
emissions to ensure consistency with federal greenhouse gas permitting 
requirements; and (4) making miscellaneous revisions and minor 
editorial changes. The Commission adopted the amendments on October 20, 
2011 (effective December 15, 2011).
    C. On May 13, 2013 Colorado submitted a SIP revision containing 
amendments to Regulation Number 3, Parts A, B and D. The amendments 
make administrative revisions to the permitting requirements for 
stationary sources in Colorado and make minor editorial changes. The 
Commission adopted the amendments on December 20, 2012 (effective 
February 15, 2013).
    D. On April 24, 2014 EPA published a final rule (79 FR 22772) in 
the Federal Register approving Colorado's May 25, 2011 SIP revisions to 
the Common Provisions Regulation related to greenhouse gas and minor 
editorial changes to the Common Provisions Regulation and Regulation 
Number 3 Parts A, B and D (adopted October 10, 2010). This action 
includes regulatory text and IBR material intended to be a part of 
EPA's April 24, 2014 final rule but inadvertently excluded.

III. EPA's Review of the State of Colorado's March 31, 2010; May 16, 
2012; and May 13, 2013 Submittals, and Regulatory Text/IBR Correction

    We evaluated Colorado's March 31, 2010, May 16, 2012 and May 13, 
2013 submittals regarding revisions to the State's Common Provisions 
Regulation and Regulation Number 3, Parts A, B and D. We propose to 
approve some of the revisions and not act on others.

A. March 31, 2010 SIP Submittal

    The State's March 31, 2010 SIP submittal contained amendments to 
the Common Provisions Regulation and includes the following types of 
amendments to the State's air quality rules: Adding compounds to the 
definition of ``negligibly reactive volatile compounds'' (NRVOC) and 
clarifying NRVOC and volatile organic compound (VOC) testing 
methodologies within the definition of ``volatile organic compound.'' 
In addition, the State subsequently requested \1\ a revision to the 
definition of ``incinerator.'' The revisions also make minor editorial 
changes.
---------------------------------------------------------------------------

    \1\ Refer to docket #EPA-R08-OAR-2015-0493 for documentation.
---------------------------------------------------------------------------

    EPA's policy is that compounds of carbon with a negligible level of 
reactivity need not be regulated to reduce ozone (42 FR 35314). EPA 
determines whether a given carbon compound has ``negligible'' 
reactivity by comparing the compound's reactivity to the reactivity of 
ethane. EPA lists these compounds in its regulations at 40 CFR 
51.100(s), and excludes them from the definition of a ``VOC.'' The 
chemicals on this list are often called ``negligibly reactive.'' EPA 
may periodically revise the list of negligibly reactive volatile 
compounds or NRVOCs to add or delete compounds from the list. In its 
March

[[Page 55057]]

31, 2010 submission, the State adds the following compounds: ``(1)1, 1, 
1, 2, 2, 3, 4, 5, 5, 5, -decafluoro-3-methoxy-4-trifluoromethyl-
pentane'' \2\; ``Propylene carbonate''; and ``Dimethyl carbonate,'' as 
well as the common names or chemical structure: ``n-
C3F7OCH3, HFE-7000''; ``HFE-7500''; 
``HFC 227ea''; ``HCOOCH3''; and ``HFE-7300'' to the list of 
NRVOCs. Subsequent to the March 31, 2010 submission, the State also 
requested \3\ to add ``1, 1, 1, 2, 2, 3, 3, -heptafluoro-3-methoxy-
propane''; ``3-ethoxy-1, 1, 1, 2, 3, 4, 4, 5, 5, 6, 6, 6-dodecafluoro-
2(trifluoromethyl)hexane''; ``1, 1, 1, 2, 3, 3, 3-heptafluoropropane''; 
and ``Methyl formate'' to the list of NRVOCs \4\ in section I.G. EPA is 
proposing to approve these additions to the State's Common Provisions 
Regulation list of NRVOCs per our earlier actions (72 FR 2193; 74 FR 
3437; 78 FR 9823) updating EPA's listing of organic compounds 
determined to have negligible photochemical reactivity at 40 CFR 
51.100(s)(1).
---------------------------------------------------------------------------

    \2\ In 78 FR 9823, EPA amended its definition of VOC at 40 CFR 
51.100(s) to make for clarity technical corrections to the current 
list of exempt compounds at 40 CFR 51.100(s)(1) by removing the 
erroneous ``(1)'' notation in ``(1) 1,1,1,2,2,3,4,5,5,5-decafluoro-
3-methoxy-4-trifluoromethyl-pentane (HFE-7300)'' so that it reads 
``1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane 
(HFE-7300).''
    \3\ Refer to docket #EPA-R08-OAR-2015-0493 for documentation.
    \4\ Refer to docket #EPA-R08-OAR-2015-0493 for documentation.
---------------------------------------------------------------------------

    The March 31, 2010 revision to the Common Provisions Regulation 
also revises the definition of ``VOC'' to include test methods 
specified in the State's SIP, a Title V Permit, 40 CFR part 51, subpart 
I or appendix S, and 40 CFR part 52. In accordance with 40 CFR 
51.100(s)(2) and (4), EPA proposes to approve revisions to the 
definition of ``VOC'' in section I.G. of the Common Provisions 
Regulation.
    In addition to modifying the definitions of NRVOC and VOC, the 
State also subsequently requested revisions to the definition of 
``incinerator'' in section I.G. The revisions exclude from the 
definition of ``incinerator'' devices commonly called Air Curtain 
Destructors used to burn 100% wood waste, clean lumber, or yard waste 
generated as a result of projects to reduce the risk of wildfire and 
not operated at a commercial or industrial facility. The revisions also 
state that any air curtain destructor (also called air curtain 
incinerator in the federal rule) subject to 40 CFR part 60 incinerator 
requirements are also considered incinerators under the State's revised 
Common Provisions Regulation definition of ``incinerator'' per EPA's 
final rule (70 FR 74870) for New Source Performance Standards (NSPS) 
for new and existing ``other'' solid waste incineration units. We 
propose to approve these revisions.
    The March 2010 submittal also makes minor editorial revisions to 
the Common Provisions Regulation. We are proposing to approve the minor 
editorial revisions in sections I.A., I.B., I.C., I.D., I.E., I.F., 
I.G., II.B., II.C., II.E.2. and II.H as shown in Table 1. We are not 
acting on the minor editorial revisions in II.J. as they are either 
already in the approved SIP or in sections that EPA previously 
disapproved (Table 2). Also, we note that the March 31, 2010 submittal 
is missing a quotation mark in Section I.B. and contains the incorrect 
abbreviation for ``microgram'' in Section I.F. The State is aware of 
these errors and will make the necessary corrections in a future 
submittal.\5\
---------------------------------------------------------------------------

    \5\ Refer to docket #EPA-R08-OAR-2015-0493 for documentation.
---------------------------------------------------------------------------

    Finally, the March 31, 2010 submission contains text not currently 
in the Common Provisions section of the SIP yet also not identified by 
the State as a revision. This text includes the addition of ``Tertiary 
Butyl Acetate (2-Butanone)'' to the list of NRVOCs in section I.G. as 
well as the last sentence in the definition of ``VOC'' regarding 
tertiary butyl acetate as a VOC for the purposes of photochemical 
dispersion monitoring. On November 29, 2004 (69 FR 69298), EPA revised 
its definition of VOC to exclude tertiary butyl acetate for purposes of 
VOC emissions limitations or VOC content requirements; however, 
tertiary butyl acetate continues to be a VOC for purposes of all 
recordkeeping, emissions reporting, and inventory purposes as reflected 
in 40 CFR 51.100(s)(1) and (s)(5). Therefore, EPA is not including 
these State additions with our proposed approval of IBR material.

B. May 16, 2012 SIP Submittal

    The State's May 16, 2012 SIP submittal includes the following types 
of amendments to Regulation Number 3, Parts A, B and D: Revisions to 
State permitting requirements for stationary sources to incorporate 
changes to the federal NSR Program related to PM2.5; 
revisions to address past rule revisions that were disapproved or 
commented on by EPA; and deferral of the permitting requirements for 
biogenic sources of carbon dioxide emissions to ensure consistency with 
federal greenhouse gas permitting requirements. The revisions also make 
several miscellaneous changes along with minor editorial changes.
    The May 16, 2012 submittal incorporates into Regulation Number 3, 
Parts A, B and D changes to the federal NSR Program related to the 
PM2.5 NAAQS. Specifically, the State revised the definition 
of ``criteria pollutants'' to address PM2.5 precursors in 
Part A (I.B.17.) and revised the definition of ``significant'' to 
address PM2.5 in Part D (II.A.42.). We are proposing to 
approve both of these revisions to definitions to address 
PM2.5. In addition, the State incorporated portions of 40 
CFR 51.165(a)(9)(i)-(iv) into the State's Requirements Applicable to 
Nonattainment Areas for Major Sources in Part D of Regulation Number 3 
(V.A.3.). This section describes the emissions offsets and emissions 
offset ratios required prior to the date of commencement of operations. 
We are proposing to approve this revision. We are also proposing to 
approve the State's revision to the Table of Significance Levels for 
nonattainment areas in section VI.D.2. of Part D to address 
PM2.5. Finally, the State added PM2.5 increments 
to their ambient air increments in section X.A.1. of Part D and added 
PM2.5 increments to their Class I variances maximum 
allowable increases in section XIII.D. of Part D. These revisions align 
with 40 CFR 52.21(b)(58)(c) and 52.21(p)(5), respectively, and we 
therefore propose to approve these revisions.
    The State also revised the definition of ``Subject to Regulation'' 
in Part A of Regulation Number 3 in their May 16, 2012 submittal. In 
section I.B.44.b.(i) the State added language to instruct how to 
compute greenhouse gas emissions to exclude carbon dioxide emissions 
resulting from the combustion or decomposition of non-fossilized and 
biodegradable organic material originating from plants, animals, or 
micro-organisms. This addition is consistent with EPA's biogenic 
deferral regulation found at 40 CFR 52.21(b)(49)(a)(ii); therefore, we 
are proposing to approve the revision.
    The May 16, 2012 submission also makes revisions to Regulation 
Number 3, Part B based on EPA's comments on previous actions (76 FR 
6331; 79 FR 8632). These revisions include reverting back to previously 
approved SIP exemption language for stationary internal combustion 
engines that have uncontrolled actual emissions of less than five tons 
per year for construction permit requirements (II.D.1.c.) \6\ and 
clarifying exemptions associated with oil and gas produced wastewater

[[Page 55058]]

impoundments (II.D.1.m). We are proposing to approve these revisions.
---------------------------------------------------------------------------

    \6\ EPA inadvertently approved a previous version in 79 FR 8632.
---------------------------------------------------------------------------

    Within section VI.B.3. of Part D of the May 16, 2012 submittal, the 
State revised the PM10 surrogate policy for PM2.5 
based on EPA's previous conclusions that PM2.5 
implementation issues had been resolved to a degree sufficient for all 
federal Prevention of Significant Deterioration (PSD) permit reviews to 
begin direct PM2.5 based assessments as of July 15, 2008. In 
a letter \7\ dated January 13, 2011 the State clarified their position 
on the use of PM10 as a surrogate for PM2.5 ``. . 
. (CDPHE) now commits to implement PM2.5 standards 
consistent with EPA's latest interpretation of federal case law 
relevant to the use of the PM10 Surrogate Policy . . .'' We 
are proposing to approve this revision, and in doing so, note that as 
announced in our May 2008 rulemaking to implement preconstruction 
review provisions for the 1997 PM2.5 NAAQS in both 
attainment and nonattainment areas (73 FR 28321), the 1997 
PM10 Surrogate Policy ended on May 16, 2011 and can no 
longer be used for any pending or future State PSD permits.
---------------------------------------------------------------------------

    \7\ Refer to January 2011 letter from state_Colorado's Position 
on the Use of PM10 as a Surrogate for PM2.5, Relevant to Both the 
PM2.5 Implementation Rules and Interstate Transport in docket #EPA-
R08-OAR-2015-0493 for documentation.
---------------------------------------------------------------------------

    Also regarding the May 16, 2012 submittal, we are proposing to take 
no action on several of the State's revisions related to 
PM2.5 implementation in Part D of Regulation Number 3, 
including section II.A.26.d. describing net emissions increases for 
PM2.5, the introductory paragraph of VI.A.2. and VI.A.2.c. 
that provide impact levels for PM2.5, and VI.B.3.a.(iii) 
PM2.5 monitoring exemption of 4 micrograms/cubic meter over 
a 24-hour average. We are proposing to not act on these revisions in 
part due to the January 22, 2013 United States Court of Appeals for the 
District of Columbia Circuit vacatur of the significant impact levels 
for PM2.5 for attainment areas. Since we are proposing to 
not take action on the PM2.5 monitoring exemption level 
found at VI.B.3.a.(iii), we also propose to not take action on 
VI.B.3.d. In absence of a revision to include a PM2.5 
monitoring exemption level in VI.B.3.a.(iii), PM2.5 would be 
removed from the list of pollutants with monitoring exemption levels 
contained in VI.B.3.a., therefore exempting PM2.5 from 
monitoring levels completely if we approved VI.B.3.d.
    We are also proposing to take no action on several revisions 
contained in the May 16, 2012 submittal to Definitions in Part D of 
Regulation Number 3 to address PM2.5 in the Baseline Area 
(II.A.5.a.), Major Source Baseline Date (II.A.23.), Minor Source 
Baseline Date (II.A.25.) and Regulated NSR Pollutant (II.A.38.) 
definitions because we already approved these revisions in our 
September 23, 2013 (78 FR 58186) action. In section II.A.23.c. of Part 
D, the State also revised the major source baseline date for 
PM2.5 to October 20, 2011. This date is incorrect; the 
correct major source baseline date for PM2.5 is October 20, 
2010. In the May 13, 2013 submittal, also part of this action, the 
State revises the date back to October 20, 2010. The May 13, 2013 
submittal supersedes the May 16, 2012 submittal; however, since the 
current approved SIP already contains the correct date, we are 
proposing to take no action on either revision.
    Additionally, the May 16, 2012 submission addresses EPA's final 
action on October 3, 2011 (76 FR 61054) partially approving and 
partially disapproving Colorado's SIP revisions in Regulation Number 3, 
Part A to Air Pollutant Emission Notice (APEN) and permitting 
exemptions submitted to EPA in September 1997, June 2003, July 2005, 
August 2006, and August 2007. In the October 3, 2011 action, EPA 
partially disapproved APEN exemptions for open burning,\8\ mobile 
sources, stationary internal combustion engines, emergency generators, 
deaerator/vacuum pump exhaust, and air curtain destructors. In today's 
action, we are proposing to approve revisions to the open burning APEN 
requirements (II.D.1.q.) in Regulation Number 3, Part A changing the 
reference regulation from ``9,'' which is not part of Colorado's SIP, 
to ``1,'' which is part of Colorado's SIP and clarifying the mobile 
source APEN (II.D.1.ppp.). Additionally, we are proposing to approve 
revisions made to the surface water impoundment APEN exemption 
(II.D.1.uuu.) to include gas production wastewater in addition to oil 
production wastewater. We are proposing no action on the State's 
removal of APENs related to stationary internal combustion engines 
(II.D.1.sss.), emergency power generators (II.D.1.ttt.), deaerator/
vacuum pump exhaust (II.D.1.xxx.), and air curtain destructors 
(II.D.1.ffff.) as these provisions were not approved into the SIP. 
Finally, we are proposing no action on revisions to identify sections 
I.B.31.c,\9\ and I.B.31.d. as ``State-only Requirements'' since these 
are also not part of the SIP.
---------------------------------------------------------------------------

    \8\ EPA inadvertently approved a previous version in 79 FR 8632.
    \9\ EPA inadvertently approved a previous version in 79 FR 8632.
---------------------------------------------------------------------------

    Finally, the May 16, 2012 submission contains miscellaneous 
revisions to Parts A, B and D of Regulation Number 3. In Part A, the 
State clarified the significance level for VOC and NOX for 
APEN reporting purposes (II.C.2.b.(ii)). In Part B, section III.G.1., 
the State changed the timing an applicant must provide notice to the 
State upon commencement of operation of a source from 30 days prior to 
startup to 15 days following startup. This revision aligns with 40 CFR 
60.7(a)(3) Standards of Performance for New Stationary Sources, 
Notification and Record Keeping. In Part D, revisions include a 
correction \10\ to move the creditable emissions documentation from 
II.A.26.d. to II.A.26.c.(iii), remove ``total suspended particulate 
matter'' and add NOX as a precursor to ozone for consistency 
with federal significant monitoring concentrations requirements in 
VI.B.3.a.(iii) and VI.B.3.c., respectively. We propose to approve these 
revisions in addition to minor editorial changes found throughout Parts 
A, B and D of Regulation Number 3 with exceptions noted in Table 2 
because the revisions the State is requesting are already in the SIP.
---------------------------------------------------------------------------

    \10\ Refer to docket #EPA-R08-OAR-2015-0493 for documentation.
---------------------------------------------------------------------------

C. May 13, 2013 SIP Submittal

    The State's May 13, 2013 SIP submittal contains amendments to 
Regulation Number 3 Parts A, B and D and includes administrative 
revisions to permitting requirements for stationary sources in Colorado 
and minor editorial changes. The State also updated where materials 
incorporated by reference are available for public inspection by adding 
an online web address and deleting reference to the State Publications 
Depository and Distribution Center in section I.A.
    Revisions to section VI.B.5. in Part A of the May 13, 2013 
submittal allow the State to issue construction permits prior to 
receipt of permit processing fees and provide for the option to revoke 
the permit or assess late fees if such fees are not paid within 90 days 
of the written request for fees. The purpose of the revisions are to 
allow applicants to commence construction during the invoicing and 
payment process; the revisions will not negatively impact permit 
applicants who pay their permit processing fees on time. A revision to 
section III.C.1.a. in Part B of the May 13, 2013 submittal clarifies 
the inclusion of sources in attainment/maintenance areas in the 
determination of sources

[[Page 55059]]

subject to public comment. Finally, revisions to Part D of the May 13, 
2013 submittal include deleting language EPA previously disapproved (79 
FR 8632) in the introductory text for Major Modifications in section 
II.A.22.\11\ and Representative Actual Annual Emissions sections 
II.A.40.5 and II.A.40.5(a) as well as deleting the associated 
II.A.40.5(b).\12\
---------------------------------------------------------------------------

    \11\ EPA inadvertently approved this language in 79 FR 22772.
    \12\ Refer to docket #EPA-R08-OAR-2015-0493 for additional 
documentation.
---------------------------------------------------------------------------

    EPA is proposing to approve the revisions in the May 13, 2013 
submittal to Parts A, B and D of Regulation Number 3 as well as the 
minor editorial changes contained throughout, except for sections 
II.A.22., II.A.40.5 (introductory paragraph), and II.A.40.5(a) in Part 
D because these are not in the current SIP and the other exceptions 
noted in Table 2. We are not acting on some of the provisions as listed 
in Table 2, because they are State-only provisions or because they are 
not applicable to the current SIP.

Proposed Correction

    In our final rule published in the Federal Register on April 24, 
2014 (79 FR 22772) we inadvertently did not include regulatory text and 
corresponding IBR materials for our approvals to (1) greenhouse gas 
permitting revisions to Common Provisions Regulation, and (2) minor 
editorial changes to the Common Provisions Regulation and Parts A, B 
and D of Regulation Number 3 (adopted October 10, 2010). EPA is 
proposing to correct this error with today's action. The IBR material 
for our April 24, 2014 action is contained within this docket.

IV. What action is EPA taking?

    For the reasons expressed above, EPA is proposing to approve 
revisions to sections I.A., I.B., I.C., I.D., I.E., I.F., I.G., II.B., 
II.C., II.E.2. and II.H of the State's Common Provisions Regulation 
from the March 31, 2010 submittal as shown in Table 1 below. We also 
propose to approve revisions to Parts A, B and D of the State's 
Regulation Number 3 from the May 16, 2012 and May 13, 2013 submittals 
(Table 1), except for those revisions we are not taking action on as 
represented in Table 2 below. Finally, EPA proposes to correct 
regulatory text and IBR published in the Federal Register on April 24, 
2014 (79 FR 22772).
    A comprehensive summary of the revisions in Colorado's Common 
Provisions Regulation and Regulation Number 3 Parts A, B and D 
organized by EPA's proposed rule action, reason for proposed ``no 
action'' and submittal date are provided in Table 1 and Table 2 below.

  Table 1--List of Colorado Revisions That EPA Is Proposing To Approve
------------------------------------------------------------------------
   Revised Sections in March 31, 2010; May 16, 2012; and May 13, 2013
                    Submissions Proposed for Approval
-------------------------------------------------------------------------
March 31, 2010 submittal--Common Provisions Regulation:
    I.A., I.B., I.C., I.D., I.E., I.F., I.G., II.B., II.C., II.E.2.,
     II.H.
May 16, 2012 submittal--Regulation Number 3, Part A:
    I.B.17., I.B.28.c., I.B.44.b.(i), I.B.44.e.(ii)(B), II.C.2.b.(ii),
     II.D.1.q., II.D.1.ppp., II.D.1.uuu., II.D.1.dddd.
May 13, 2013 submittal--Regulation Number 3, Part A:
    I.A., I.B.7., I.B.28., I.B.43., II.D.1., II.D.1.dddd., V.I.2.,
     VI.B.5., Appendix B.
May 16, 2012 submittal--Regulation Number 3, Part B:
    II.D.1.c., II.D.1.m., III.G.1.
May 13, 2013 submittal--Regulation Number 3, Part B:
    III.C.1.a.
May 16, 2012 submittal--Regulation Number 3, Part D:
    II.A.24.f., II.A.26.c., II.A.26.e.-II.A.26.k. (re-numbering),
     II.A.42., III.B., V.A., V.A.3., V.A.4., VI.A.2.a., VI.A.4.,
     VI.B.3.a.(ii) and (iv)-(ix), VI.B.3.a.(iii) in reference to removal
     of total suspended particulate matter monitoring exemption,
     VI.B.3.c., VI.B.3.e., VI.D.2., X.A.1., X.A.2., XIII.B., XIII.D.
May 13, 2013 submittal--Regulation Number 3, Part D:
    I.B.2., I.B.4., I.C., II.A.4.c., II.A.17., II.A.22.d.(ix)(B),
     II.A.40.5.(b)., V.A.3.b., V.A.6., VI.B.3.d., VI.B.3.e.
------------------------------------------------------------------------

                                     Table 2--List of Colorado Revisions That EPA Is Proposing To Take No Action On
                         [Revised sections in March 31, 2010; May 16, 2012; and May 13, 2013 submissions proposed for no action]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Reason for Proposed ``No Action''
                                                                    ------------------------------------------------------------------------------------
                                                                                                                            Revision
                                                                                                                         superseded  by
                                                                                                                          revision  in
                                                                                                                         February  20,
                          Revised Section                              Revision in      Revision in      Revision in      2015  State     Revision to be
                                                                        State-only        current        disapproved       submittal      made in future
                                                                     section of  SIP  section of  SIP  section of  SIP      (will be     State submittal
                                                                                                                         reconciled  in
                                                                                                                             future
                                                                                                                          rulemaking)
--------------------------------------------------------------------------------------------------------------------------------------------------------
March 31, 2010 submittal--Common Provisions Regulation:
    II.J...........................................................  ...............               X                X   ...............  ...............
May 16, 2012 submittal--Regulation Number 3, Part A:
    I.B.31.c.......................................................               X   ...............  ...............  ...............  ...............
    I.B.31.d.......................................................               X   ...............  ...............  ...............  ...............
    II.D.1.sss.....................................................  ...............  ...............               X   ...............  ...............
    II.D.1.ttt.....................................................  ...............  ...............               X   ...............  ...............

[[Page 55060]]

 
    II.D.1.xxx.....................................................  ...............  ...............               X   ...............  ...............
    II.D.1.ffff....................................................  ...............  ...............               X   ...............  ...............
May 13, 2013 submittal--Regulation Number 3, Part A:
    I.B.31.d.......................................................               X   ...............  ...............  ...............  ...............
May 16, 2012 submittal--Regulation Number 3, Part D:
    II.A.5.a.......................................................  ...............               X   ...............  ...............  ...............
    II.A.5.b.......................................................  ...............               X   ...............  ...............  ...............
    II.A.23........................................................  ...............               X   ...............  ...............  ...............
    II.A.25........................................................  ...............               X   ...............  ...............  ...............
    II.A.26.d. revision to PM2.5 net emission increase.............  ...............  ...............  ...............  ...............               X
    II.A.38........................................................  ...............               X   ...............  ...............  ...............
    VI.A.2. introductory paragraph.................................  ...............  ...............  ...............  ...............               X
    VI.A.2.c.......................................................  ...............  ...............  ...............               X   ...............
    VI.B.3.a.(iii) in reference to PM2.5 monitoring exemption......  ...............  ...............  ...............               X   ...............
    VI.B.3.d.......................................................  ...............  ...............  ...............               X   ...............
May 13, 2013 submittal--Regulation Number 3, Part D:
    II.A.1.a.......................................................  ...............  ...............               X   ...............  ...............
    II.A.1.c.......................................................  ...............  ...............               X   ...............  ...............
    II.A.1.e.......................................................  ...............  ...............               X   ...............  ...............
    II.A.20.b......................................................  ...............  ...............               X   ...............  ...............
    II.A.22........................................................  ...............  ...............               X   ...............  ...............
    II.A.23.c......................................................  ...............               X   ...............  ...............  ...............
    II.A.26.a.(i)..................................................  ...............  ...............               X   ...............  ...............
    II.A.26.f.iii..................................................  ...............  ...............               X   ...............  ...............
    II.A.38.g......................................................  ...............  ...............               X   ...............  ...............
    II.A.40.5. introductory paragraph..............................  ...............  ...............               X   ...............  ...............
    II.A.40.5.(a)..................................................  ...............  ...............               X   ...............  ...............
    VI.A.1.c.......................................................  ...............  ...............               X   ...............  ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------

V. Incorporation by Reference

    In this rulemaking, the EPA is proposing to include in a final EPA 
rule regulatory text that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference Colorado Air Quality Control Commission 
regulations discussed in section III, EPA's Review of the State of 
Colorado's March 31, 2010; May 16, 2012; and May 13, 2013 Submittals, 
and Regulatory Text/IBR Correction of this preamble. The EPA has made, 
and will continue to make, these documents generally available 
electronically through www.regulations.gov and/or in hard copy at the 
appropriate EPA office (see the ADDRESSES section of this preamble for 
more information).

VI. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves some state law as meeting federal 
requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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

[[Page 55061]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) 
because application of those requirements would be inconsistent with 
the CAA; 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: September 1, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2015-23075 Filed 9-11-15; 8:45 am]
 BILLING CODE 6560-50-P
```