[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1027-1039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-70]


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

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 
PM<INF>2.5</INF> 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 (``PM<INF>2.5</INF>'') 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 PM<INF>2.5</INF> 
NAAQS in any other state, interfere with maintenance of the 1997 
PM<INF>2.5</INF> NAAQS by any other state, or interfere with any other 
state's required measures to prevent significant deterioration of air 
quality for the 1997 PM<INF>2.5</INF> and 8-hour ozone NAAQS. EPA is

[[Page 1028]]

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, 
<a href="/cdn-cgi/l/email-protection#ccafa0adbea7e2ada8ada18ca9bcade2aba3ba"><span class="__cf_email__" data-cfemail="791a15180b1257181d1814391c0918571e160f">[email protected]</span></a>.

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 
PM<INF>2.5</INF>. 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 PM<INF>2.5</INF> 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 
PM<INF>2.5</INF> standards.
---------------------------------------------------------------------------

    \1\ Memorandum 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 PM<INF>2.5</INF> National Ambient Air Quality Standards'' 
(Aug. 15, 2006).
---------------------------------------------------------------------------

    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 PM<INF>2.5</INF> 
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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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

[[Page 1029]]

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.
---------------------------------------------------------------------------

    \2\ 2006 Guidance at 6.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ The 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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \4\ This letter is available for view in the docket for this 
action.
---------------------------------------------------------------------------

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

[[Page 1030]]

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 PM<INF>2.5</INF> 
NAAQS. Finally, the portions of the August 1, 2007 submission acted on 
here, in treating NO<INF>X</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> NAAQS. In addition, we noted that 
a clarification by Colorado of its interpretation of EPA's interim 
guidance on use of PM<INF>10</INF> as a surrogate for PM<INF>2.5</INF> 
allowed us to propose approval of Colorado's Interstate Transport SIP 
with regards to requirement (3) for the 1997 PM<INF>2.5</INF> 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    EPA is incorporating
Provision location in  Colorado's   Provision location                                 all or part of     Equivalent provision   Comment (if applicable,
  current SIP Reg 3 (NA = not in   in  Colorado's 4/16/    Provision description    revision or addition  in 40 CFR 51.165 and        see footnote)
      current Colorado SIP)         2004 Reg 3 revision                               into the SIP \5\        40 CFR 51.166
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1..........................  D-II.A.1............  Actual emissions           Yes.................  51.166(b)(21).......  Note the reference in
                                                          definition.                                     51.165(a)(1)(xii)...   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  Yes.................  NA..................  EPA is approving this
                                                          definition.                                                            definition.
                                                                                                                                See footnote 2.
A-I.B.8..........................  A-I.B.7.............  Allowable Emissions        No..................  51.166(b)(16).......  See footnote 1.
                                                          definition.                                     51.165(a)(1)(xi)....
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     Yes.................  51.166(b)(13).......  EPA is approving this
                                                          definition.                                                            definition.
                                                                                                                                See footnote 2.
A-I.B.12.........................  D-II.A.8............  Best Available Control     Yes.................  51.166(b)(12).......  EPA is approving this
                                                          Technology definition.                          51.165(a)(1)(xl)....   definition.
                                                                                                                                See footnote 4.
A-I.B.15.........................  D-II.A.12...........  Complete definition (for   Yes.................  51.166(b)(22).......  EPA is approving this
                                                          PSD/NSR purposes).                                                     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.

[[Page 1031]]

 
A-I.B.21.........................  D-II.A.16...........  Federal Land Manager       Yes.................  51.166(b)(24).......  EPA is approving this
                                                          definition.                                     51.165(a)(1)(xlii)..   definition.
                                                                                                                                See footnote 2.
A-I.B.31.........................  D-II.A.19...........  Innovative Control         Yes.................  51.166(b)(19).......  EPA is approving this
                                                          Technology definition.                                                 definition.
                                                                                                                                See footnote 2.
A-I.B.32.........................  D-II.A.21...........  Lowest Achievable          Yes.................  51.166(b)(52).......  EPA is approving the
                                                          Emission Rate definition.                       51.165(a)(1)(xiii)..   renumbering of this
                                                                                                                                 definition.
                                                                                                                                See footnote 3.
A-I.B.33.........................  D-II.A.24...........  Major Source Baseline      Yes.................  51.166(b)(14)(i)....  EPA is approving this
                                                          Date definition.                                                       definition.
                                                                                                                                See footnote 2.
A-I.B.34.........................  D-II.A.26...........  Minor Source Baseline      Yes.................  51.166(b)(14)(ii)...  EPA is approving this
                                                          Date definition.                                                       definition.
                                                                                                                                See footnote 2.
A-I.B.35.b.......................  D-II.A.23. (except    Major Modification         Yes, except as noted  51.166(b)(2)........  EPA is approving the
                                    II.A.23.a,            definition.                below.               51.165(a)(1)(v).....   renumbering of all of
                                    d(iii),(viii),(x),                                                                           II.23 (except sections
                                    (xi), and (e)--see                                                                           D-II.A.23.d.(viii),
                                    below).                                                                                      (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      No..................  51.166(b)(2)(iii)(d)  EPA is not taking action
                                                          fuel at a steam                                 51.165(a)(1)(v)(C)(4   on this section at this
                                                          generating unit.                                 )(iv).                time.
                                                         (part of Major                                                         See footnote 1.
                                                          Modification definition).
N/A..............................  D-II.A.23.d(viii)...  Addition replacement or    No..................  51.166(b)(2)(iii)(h)  EPA is not taking action
                                                          use of a PCP * * *.                             51.165(a)(1)(v)(C)(8   on this section at this
                                                         (part of Major                                    ).                    time.
                                                          Modification definition).                                             See footnote 1.
N/A..............................  D-II.A.23.d(x)......  The installation or        No, as noted........  51.166(b)(2)(j).....  EPA is not taking action
                                                          operation of a permanent                                               on this section at this
                                                          clean coal technology                                                  time.
                                                          demonstration project                                                 See footnotes 1 and 7.
                                                          that constitutes
                                                          repowering* * *.
                                                         (part of Major
                                                          Modification definition).
N/A..............................  D-II.A.23.d(xi).....  The reactivation of a      No, as noted........  51.166(b)(2)(k).....  EPA is not taking action
                                                          very clean coal fired                                                  on this section at this
                                                          electric utility steam                                                 time.
                                                          generating unit.                                                      See footnotes 1 and 7.
                                                         (part of Major
                                                          Modification definition).
N/A..............................  D-II.A.23.e.........  This definition shall not  No..................  51.166(b)(2)(iv)....  EPA is not taking action
                                                          apply * * * for a PAL.                          51.165(a)(1)(v)(D)..   on this section at this
                                                         (part of Major                                                          time.
                                                          Modification definition).                                             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    Net Emissions Increase     Yes, except as noted  51.166(b)(3)........  Colorado has added
                                    II.A.27.c.(iv) and    definition.                below.               51.165(a)(1)(vi)....   additional language at
                                    II.A.27.g.(v)).                                                                              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  No..................  51.166(b)(3)(iii)(c)  EPA is not taking action
                                                          a clean unit.                                   51.165(a)(1)(vi)(C)(   on this part of the
                                                         (part of Net Emissions                            3).                   definition at this
                                                          Increase definition).                                                  time.

[[Page 1032]]

 
N/A..............................  D-II.A.27.g.(v).....  Net emissions increase at  No..................  51.166(b)(3)(vi)(d).  EPA is not taking action
                                                          a clean unit and                                51.165(a)(1)(vi)(E)(   on this part of the
                                                          pollution control                                5).                   definition at this
                                                          project.                                                               time.
                                                         (part of Net Emissions
                                                          Increase definition).
A-I.B.44.........................  A-I.B.35............  Potential to Emit          No..................  51.166(b)(4)........  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(iii)...   on this definition.
                                                                                                                                See footnote 1.
A-I.B.55.........................  D-II.A.43...........  Secondary Emissions        Yes.................  51.166.(b)(18)......  EPA is approving the
                                                          definition.                                     51.165(a)(1)(viii)..   renumbering of this
                                                                                                                                 definition.
                                                                                                                                See footnote 3.
A-I.B.57.........................  D-II.A.44. (except    Significant definition...  Yes.................  51.166.(b)(23)......  EPA is approving this
                                    II.A.44.a).                                                           51.165(a)(1)(x).....   definition.
                                                                                                                                See footnote 2.
A-I.B.58. Major Stationary Source  D-II.A.25...........  Major Stationary Source    Yes, except as noted  51.166(b)(1)(i).....  EPA is approving this
                                                          definition                 below.               51.165(a)(1)(iv)....   definition except for
                                                          (introductory).                                                        section D-II.A.25.b.
                                                                                                                                See footnote 2.
A-I.B.58.a.......................  D-II.A.25.b.........  For the purpose of         No, as noted........  51.165(a)(1)(iv)(A)(  EPA is not taking
                                                          determining whether a                            1).                   action, at this time,
                                                          source in a                                                            on this part of the
                                                          nonattainment area is                                                  definition.
                                                          subject * * *.                                                        Provision A-I.B.58.a. in
                                                         (part of Major Stationary                                               the current codified
                                                          Source definition).                                                    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         Yes.................  51.166(b)(1)(i)(a)..  EPA is approving this
                                                          determining whether a                                                  definition.
                                                          source in an attainment                                               See footnote 2.
                                                          or unclassifiable area.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.c.......................  D-II.A.25.c.........  Major stationary source    Yes.................  51.166(b)(1)(i)(c)..  EPA is approving this
                                                          includes any physical                           51.165(a)(1)(iv)(A)(   definition.
                                                          change that would occur                          2).                  See footnote 2.
                                                          at a stationary source.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.d.......................  D-II.A.25.d.........  A major stationary source  No..................  51.166(b)(1)(ii)....  EPA is not approving
                                                          that is major for                               51.165(a)(1)(iv)(B).   this definition.
                                                          volatile organic                                                      See footnote 1.
                                                          compounds shall be
                                                          considered major * * *.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.f.......................  D-II.A.25.e.........  The fugitive emissions of  Yes.................  51.166(b)(1)(iii)...  EPA is approving this
                                                          a stationary source                             51.165(a)(1)(iv)(C).   definition.
                                                          shall not be included.                                                See footnote 2.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.e.......................  D-II.A.25.f.........  Emissions caused by        Yes.................  NA..................  EPA is approving this
                                                          indirect air pollution                                                 definition.
                                                          sources.                                                              The reference in this
                                                         (part of Major Stationary                                               definition to ``I.B.22.
                                                          Source definition).                                                    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  No..................  NA..................  EPA is not acting on
                                                          in the Denver Metro PM10                                               this definition in this
                                                          * * *.                                                                 action. This definition
                                                         (part of Major Stationary                                               was not included in
                                                          Source definition).                                                    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   Yes.................  NA..................  EPA is approving this
                                                          must apply for CP or OP.                                               section.
                                                                                                                                See footnote 6.
B-IV.B.5.........................  D-III.B.............  Process PSD applications   Yes.................  NA..................  EPA is approving this
                                                          w/in 12 months.                                                        section.
                                                                                                                                See footnote 2.
N/A..............................  D-IV................  Public Comment             Yes.................  51.166(q)...........  EPA is approving this
                                                          Requirements.                                                          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.

[[Page 1033]]

 
B-IV.C.4.--from ``For sources      D-IV.A.1............  Public notice of NSR and   Yes.................  51.166(q)(ii) and     EPA is approving this
 subject to the provisions of                             PSD permit applications.                         (iv).                 section.
 section IV.D.3.'' to ``The                                                                                                     See footnote 2.
 newspaper notice''.
B-IV.C.4.f.......................  D-IV.A.2............  Additionally, for permit   Yes.................  51.166(q)(iii)......  EPA is approving this
                                                          applications * * *                                                     section.
                                                          (request comment on).                                                 See footnote 2.
B-IV.C.5.........................  D-IV.A.3............  Within 15 days after       Yes.................  NA..................  EPA is approving this
                                                          prepare PA.                                                            section.
                                                                                                                                See footnote 2.
B-IV.C.6.........................  D-IV.A.4............  Hearing request for        Yes.................  NA..................  EPA is approving this
                                                          innovative control.                                                    section.
                                                                                                                                See footnote 2.
B-IV.C.7.........................  D-IV.A.5............  Hearing request            Yes.................  NA..................  EPA is approving this
                                                          transmitted to                                                         section.
                                                          commission.                                                           See footnote 2.
B-IV.C.8.........................  D-IV.A.6............  Commission shall hold      Yes.................  51.166(q)(v)........  EPA is approving this
                                                          public comment hearing.                                                section.
                                                                                                                                See footnote 2.
B-IV.C.9.........................  D-IV.A.7............  15 days after division     Yes.................  51.166(q)(viii).....  EPA is approving this
                                                          makes final decision on                                                section.
                                                          application.                                                          See footnote 2.
B-IV.D.2.........................  D-V.................  Requirements Applicable    Yes.................  NA..................  EPA is approving this
                                                          to Non-attainment Areas                                                section.
                                                          (Introductory).                                                       See footnote 2.
B-IV.D.2.a.......................  D-V.A...............  Major Stationary Sources.  Yes.................  51.165, Appx.         EPA is approving this
                                                                                                           S.IV.A..              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.         EPA is approving this
                                                                                                           S.IV.A..              section.
                                                                                                          Conditions 1-4......  See footnote 2.
B-IV.D.2.a.(iii)(C) 2nd par......  D-V.A.3.d...........  With respect to offsets    Yes.................  51.165, Appx.         EPA is approving this
                                                          from outside                                     S.IV.D..              section.
                                                          nonattainment area.                                                   See footnote 2.
B-IV.D.2.a.(iv)..................  D-V.A.4.............  The permit application     Yes.................  51.165, Appx.         EPA is approving this
                                                          shall include an                                 S.IV.D..              section.
                                                          analysis of alternative                                               See footnote 2.
                                                          sites * * *.
B-IV.D.2.a.(v)...................  D-V.A.5.............  Offsets for which          Yes.................  51.165, Appx. S.V.A.  EPA is approving this
                                                          emission reduction                                                     section.
                                                          credit is taken * * *.                                                See footnote 2.
B-IV.D.2.a.(vi)..................  D-V.A.6.............  The applicant will         Yes.................  NA..................  EPA is approving this
                                                          demonstrate that                                                       section.
                                                          emissions from the                                                    See footnote 2.
                                                          proposed source will not
                                                          adversely impact
                                                          visibility * * *.
B-IV.D.2.b.......................  D-V.A.7.............  Applicability of Certain   Yes.................  NA..................  EPA is approving this
                                                          Nonattainment Area                                                     section.
                                                          Requirements.                                                         See footnote 2.
B-IV.D.2.b.(i)...................  D-V.A.7.a...........  Any major stationary       Yes.................  NA..................  EPA is approving this
                                                          source in a                                                            section.
                                                          nonattainment area * * *.                                             See footnote 2.
B-IV.D.2.b.(ii)..................  D-V.A.7.b...........  The requirements of        Yes.................  51.165(a)(5)(ii)....  EPA is approving this
                                                          section V.A. shall apply                                               section.
                                                          at such time that any                                                 See footnote 2.
                                                          stationary source * * *.
N/A..............................  D-V.A.7.c...........  The following provisions   No..................  51.165(a)(6)........  EPA is not taking action
                                                          apply to projects at                                                   on this provision at
                                                          existing emissions units                                               this time.
                                                          * * * (``Reasonable                                                   See footnote 1.
                                                          possibility'' provisions
                                                          in nonattainment areas).
                                                         (part of Applicability of
                                                          Certain Nonattainment
                                                          Area Requirements).
N/A..............................  D-V.A.7.d...........  Documents available for    No..................  51.165(a)(7)........  EPA is not taking action
                                                          review upon request.                                                   on this section at this
                                                         (part of Applicability of                                               time.
                                                          Certain Nonattainment                                                 See footnote 1.
                                                          Area Requirements).
B-IV.D.2.c. (and subsections)....  D-V.A.8.............  Exemptions from Certain    Yes.................  51.165, Appx.         EPA is approving this
                                                          Nonattainment Area                               S.IV.B...             section.
                                                          Requirements.                                                         See footnote 2.
B-IV.D.3.........................  D-VI................  Requirements Applicable    Yes.................  NA..................  EPA is approving this
                                                          to Attainment Areas.                                                   provision.
                                                         (Introductory)...........                                              See footnote 2.
                                                                                                                                ........................
B-IV.D.3.a. (and subsections not   D-VI.A..............  Major Stationary Sources   Yes.................  51.166(j)...........  EPA is approving this
 listed below).                                           and Major Modifications.                                               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            Yes.................  51.166(m)(1)(iv)....  EPA is approving this
                                                          continuous air                                                         provision.
                                                          monitoring data.                                                      See footnote 2.

[[Page 1034]]

 
B-IV.D.3.a.(iii)(D)..............  D-VI.A.4............  Post-construction          Yes.................  51.166(m)(2)........  EPA is approving this
                                                          monitoring.                                                            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          Yes.................  ....................  EPA is approving the
                                                          Analysis.                                                              renumbering of this
                                                                                                                                 provision.
                                                                                                                                See footnote 3.
B-IV.D.3.b.......................  D-VI.B..............  Applicability of Certain   Yes.................  NA..................  EPA is approving this
                                                          PSD Requirements.                                                      provision.
                                                                                                                                See footnote 2.
B-IV.D.3.b.(i)...................  D-VI.B.1............  The requirements of        Yes.................  51.166(i)(1) and (2)  EPA is approving this
                                                          section VI.A. do not                                                   provision.
                                                          apply * * *.                                                          See footnote 2.
B-IV.D.3.b.(ii)..................  D-VI.B.2............  The requirements           Yes.................  51.166(i)(3) and (4)  EPA is approving this
                                                          contained in sections                                                  provision.
                                                          VI.A.2. through VI.A.4.                                               See footnote 2.
B-IV.D.3.b.(iii).................  D-VI.B.3. (including  The division may exempt a  Yes.................  51.166(i)(5)........  Colorado has reworded D-
                                    D-VI.B.3.b., c.,      proposed major                                                         VI.B.3. and deleted
                                    and d.).              stationary source or                                                   unnecessary language.
                                                          major modification from                                               EPA is approving this
                                                          the requirements of                                                    provision.
                                                          sections VI.A.3. through                                              See footnote 2.
                                                          VI.A.5. of this Part,
                                                          with respect to
                                                          monitoring for a
                                                          particular pollutant if
                                                          * * *.
B-IV.D.3.b.(iii)(A)(1)-(12)......  D-VI.B.3.a.(i)-(ix).  Deleted Mercury,           Yes.................  51.166(i)(5)(i).....  EPA is approving this
                                                          Beryllium, Vinyl                                                       provision.
                                                          chloride.                                                             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   Yes.................  51.166(i)(6)........  EPA is approving this
                                                          Part D shall apply * * *.                                              provision.
                                                                                                                                See footnote 2.
N/A..............................  D-VI.B.5............  The following provisions   No..................  51.166(r)(6)........  EPA is not taking action
                                                          apply to projects at                                                   on this provision at
                                                          existing emissions units                                               this time.
                                                          (``Reasonable                                                         See footnote 1.
                                                          possibility'' provisions
                                                          PSD).
                                                         (part of Applicability of
                                                          Certain PSD
                                                          Requirements).
N/A..............................  D-VI.B.6............  Documents available for    No..................  51.166(r)(7)........  EPA is not taking action
                                                          review upon request.                                                   on this section at this
                                                         (part of Applicability of                                               time.
                                                          Certain PSD                                                           See footnote 1.
                                                          Requirements).
B-IV.D.3.b.(v)...................  D-VI.B.7............  A stationary source or     Yes.................  51.166(i)(9)........  EPA is approving this
                                                          modification may apply.                                                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   Yes.................  51.165(b)...........  EPA is approving this
                                                          in attainment areas                                                    section.
                                                          affecting nonattainment                                               The reference in D-VI.D.
                                                          area.                                                                  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         51.166(e)...........  EPA is approving this
                                                                                     exception of D-                             provision with the
                                                                                     VIII.B.                                     exception of D-VIII.B.
                                                                                                                                See footnote 2.
N/A..............................  D-VIII.B............  All other areas of         No..................  NA..................  EPA is not taking action
                                                          Colorado, (part of Area                                                on this section at this
                                                          Classifications).                                                      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         51.166(c)...........  EPA is approving this
                                                                                     exception of D-                             provision with the
                                                                                     X.A.5.                                      exception of D-X.A.5.
                                                                                                                                See footnote 2.
N/A..............................  D-X.A.5.............  Increment Consumption      No..................  NA..................  EPA is not taking action
                                                          Restriction.                                                           on this provision at
                                                         (part of Air Quality                                                    this time.
                                                          Limitations).                                                         See footnote 1.
B-VIII...........................  D-XI................  Exclusions from Increment  Yes.................  51.166(f)...........  EPA is approving this
                                                          Consumption.                                                           provision.
                                                                                                                                See footnote 2.
B-IX.............................  D-XII...............  Innovative Control         Yes.................  51.166(s)...........  EPA is approving this
                                                          Technology.                                                            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.

[[Page 1035]]

 
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).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxxiv).   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  A-I.B.14............  CERMS definition.........  No..................  51.166(b)(46).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxxiv).   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  A-I.B.15............  CPMS definition..........  No..................  51.166(b)(45).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxxiii)   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  A-I.B.33............  Pollution Prevention       No..................  51.166(b)(38).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxvi)..   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  A-I.B.36............  PEMS definition..........  No..................  51.166(b)(44).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxxii).   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-I.A.-I.A.1........  General Applicability....  Yes.................  51.165(a)(2)(iii)(A)  EPA is approving the
                                                         (Introductory)...........                         and (B).              language in section
                                                                                                                                 I.A.1 only.
                                                                                                                                See footnote 6.
N/A..............................  D-I.A.2.-I-A.3......  General Applicability....  No..................  51.166(a)(7)          EPA is not taking action
                                                         (Continued)..............                         (iv)(a)and (b).       on these sections at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-I.B...............  Applicability Tests......  No..................  51.166(a)(7)(iv)(c),  EPA is not taking action
                                                                                                           (d), and (f).         on this section at this
                                                                                                          51.165(a)(2)(ii)(C),   time.
                                                                                                           (D), and (F).        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    No..................  51.166 (a)(7)(iv)(e)  EPA is not taking action
                                                          units.                                          51.165(a)(2)(ii)(E).   on this provision at
                                                         (part of Applicability                                                  this time.
                                                          Tests).                                                               See footnote 1.
N/A..............................  D-I.B.4. second       For example, for a         No..................  51.166(a)(7)(iv)(f)   EPA is not taking action
                                    sentence.             project involves both an                         second sentence.      on this part of
                                                          existing unit and a                             51.165(a)(2)(ii)(F)    provision D-I.B.4. at
                                                          clean unit * * *.                                second sentence.      this time.
                                                         (part of Applicability                                                 See footnote 1.
                                                          Tests).
N/A..............................  D-I.C...............  For any major stationary   No..................  51.166 (a)(7)(v)....  EPA is not taking action
                                                          source requesting, or                           51.165(a)(2)(iii)...   on this section at this
                                                          operating under, a                                                     time.
                                                          Plantwide Applicability                                               See footnote 1,
                                                          Limitation * * *.
N/A..............................  D-I.D...............  An owner or operator       No..................  51.166 (a)(7)(vi)...  EPA is not taking action
                                                          undertaking a Pollution                         51.165(a)(2)(iv)....   on this provision at
                                                          Control Project * * *.                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.2............  Actuals PAL Definition...  No..................  51.166(w)(2)(i).....  EPA is not taking action
                                                                                                          51.165(f)(2)(i).....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.4............  Baseline Actual Emissions  No..................  51.166(b)(47).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxxv)..   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.7............  Begin Actual Construction  No..................  51.166(b)(11).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xv)....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.9............  Clean Coal Technology      No..................  51.166(b)(33).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxiii).   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.10...........  Clean Coal Technology      No..................  51.166(b)(34).......  EPA is not taking action
                                                          Demonstration Project                           51.165(a)(1)(xxiv)..   on this definition at
                                                          definition.                                                            this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.11...........  Clean Unit definition....  No..................  51.166(b)(41).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxix)..   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.13...........  Construction definition..  No..................  51.166(b)(8)........  EPA is not taking action
                                                                                                          51.165(a)(1)(xxviii)   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.14...........  Emissions Unit definition  No..................  51.166(b)(7)........  EPA is not taking action
                                                          (for PSD/NSR purposes).                         51.165(a)(1)(vii)...   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.15...........  Electric Utility Steam     No..................  51.166(b)(30).......  EPA is not taking action
                                                          Generating Unit                                 51.165(a)(1)(xx)....   on this definition at
                                                          definition.                                                            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.

[[Page 1036]]

 
N/A..............................  D-II.A.18...........  Hydrocarbon Combustion     No..................  51.166(b)(31)(iv)...  EPA is not taking action
                                                          Flare definition.                               51.165(a)(1)(xv)(D).   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       No..................  51.166(w)(2)(iv)....  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(iv)....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.28...........  Nonattainment New Source   No..................  51.165(a)(1)(xxx)...  EPA is not taking action
                                                          Review definition.                                                     on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.29...........  PAL Effective Date         No..................  51.166(w)(2)(vi)....  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(vi)....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.30...........  PAL Effective Period       No..................  51.166(w)(2)(vii)...  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(vii)...   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.31...........  PAL Major Modification     No..................  51.166(w)(2)(viii)..  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(viii)..   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.32...........  PAL Permit definition....  No..................  51.166(w)(2)(ix)....  EPA is not taking action
                                                                                                          51.165(f)(2)(ix)....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.33...........  PAL Pollutant definition.  No..................  51.166(w)(2)(x).....  EPA is not taking action
                                                                                                          51.165(f)(2)(x).....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.34...........  Plantwide Applicability    No..................  51.166(w)(2)(v).....  EPA is not taking action
                                                          Limitation (PAL)                                51.165(f)(2)(v).....   on this definition at
                                                          definition.                                                            this time.
                                                                                                                                See footnote 1.
NA...............................  D-II.A.35...........  Pollution Control Project  No..................  51.166(b)(31).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxv)...   on this definition at
                                                                                                                                 this time.
N/A..............................  D-II.A.36...........  Prevention of Significant  No..................  51.166(b)(42).......  EPA is not taking action
                                                          Deterioration Permit                            51.165(a)(1)(xli)...   on this definition at
                                                          definition.                                                            this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.37...........  Project definition.......  No..................  51.166(b)(51).......  EPA is not taking action
                                                                                                          51.165(a)(1)(xxxix).   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.38...........  Projected Actual           No..................  51.166(b)(40).......  EPA is not taking action
                                                          Emissions definition.                           51.165(a)(1)(xxviii)   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.39...........  Reactivation of Very       No..................  51.166(b)(37).......  EPA is not taking action
                                                          Clean Coal-Fired EUSGU                                                 on this definition at
                                                          definition.                                                            this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.40. (except    Regulated NSR Pollutant    Yes.................  51.166(b)(49).......  EPA is approving this
                                    II.A.40.c).           definition.                                     51.165(a)(1)(xxxvii)   definition.
                                                                                                                                See footnote 6.
N/A..............................  D-II.A.41...........  Replacement Unit           No..................  51.166(b)(32).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxi)...   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      Yes.................  51.166(b)(39).......  EPA is approving this
                                                          Increase definition.                            51.165(a)(1)(xxvii).   definition.
                                                                                                                                See footnote 6.
N/A..............................  D-II.A.46...........  Significant Emissions      No..................  51.166(w)(2)(xi)....  EPA is not taking action
                                                          Unit definition.                                51.165(f)(2)(xi)....   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.47...........  Small Emissions Unit       No..................  51.166(w)(2)(iii)...  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(iii)...   on this definition at
                                                                                                                                 this time.
                                                                                                                                See footnote 1.
N/A..............................  D-II.A.48...........  Temporary Clean Coal       No..................  51.166(b)(35).......  EPA is not taking action
                                                          Demonstration Project                           51.165(a)(1)(xxii)..   on this definition at
                                                          definition.                                                            this time.
                                                                                                                                See footnote 1.
N/A..............................  D-XV................  Clean Units..............  No..................  51.166(t) and (u)...  EPA is not taking action
                                                                                                          51.165(c) and (d)...   on this section at this
                                                                                                                                 time.
                                                                                                                                See footnote 1.
N/A..............................  D-XVI...............  Pollution Control          No..................  51.166(v)...........  EPA is not taking action
                                                          Projects.                                       51.165(e)...........   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.

[[Page 1037]]

 
                                                                                                                                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    No..................  51.166(w)...........  See footnote 1.
                                                          Limitations.                                    51.165(f)...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \5\ When 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 2
----------------------------------------------------------------------------------------------------------------
                                                         Description of
                                                       provision--language
     Provision location in       Provision location  adopted for the 8/1/07
    Colorado's 8/1/07 Reg 3      in Colorado's 7/11/  submission to conform   Corresponding provision in 40 CFR
           submission              05 and 10/25/05    to the Phase II Ozone                 51.166
                                     submission      implementation rule is
                                                           italicized.
----------------------------------------------------------------------------------------------------------------
D-II.A.22.a....................  D-II.A.23.a.......  Significant emissions   51.166(b)(2)(ii)
                                                      increase or net
                                                      emissions increase
                                                      (at a major source)
                                                      that is significant
                                                      for VOCs or NOX is
                                                      significant for ozone.
D-II.A.24.d....................  D-II.A.25.d.......  Major source that is    51.166(b)(1)(ii)
                                                      major for VOCs or NOX
                                                      is considered major
                                                      for ozone.
D-II.A.38.c....................  D-II.A.40.c.......  (E.G. volatile organic  51.166(b)(49)(i)
                                                      compounds and oxides
                                                      of nitrogen are
                                                      precursors for ozone).
D-II.A.42.a....................  D-II.A.44.a.......  Ozone: 40 tons per      51.166(b)(23)(i)
                                                      year of volatile
                                                      organic compounds or
                                                      NOX.
----------------------------------------------------------------------------------------------------------------

    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

[[Page 1038]]

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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart G-Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(120) to read as 
follows:


Sec.  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);

[[Page 1039]]

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.

0
3. Section 52.352 is revised to read as follows:


Sec.  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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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 PM<INF>2.5</INF> 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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>