Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 8997 

TABLE 1 TO PARAGRAPH (i)(1) 

Event Regulated area Enforcement 

period(s) 1 Sponsor 

*******

Stockton Boat Race All navigable waters of the New Jersey Intracoastal Waterway in Atlantic City, 

NJ, within the polygon bounded by the following: Originating on the southwest portion at approximate position latitude 39°20′57′′ N, longitude 

074°27′59′′ W; thence northeasterly along the shoreline to latitude 

39°21′35′′ N, longitude 074°27′06′′ W; thence east across the mouth of 

Beach Thorofare to the shoreline at latitude 39°21′41′′ N, longitude 

074°26′55′′ W; thence east along the shoreline to latitude 39°21′42′′ N, longitude 074°26′51′′ W; thence southeast across the New Jersey Intracoastal 

Waterway to the shoreline at latitude 39°21′43′′ N, longitude 074°26′41′′ W; 

thence southwest along the shoreline to approximate position latitude 

39°20′55′′ N, longitude 074°27′57′′ W; thence north to the point of origin.

One weekend in 

March or April.

Stockton University. 

Escape the Cape 

Swim.

All navigable waters of the Delaware Bay in Lower Township, NJ, bounded by 

a line drawn from: Latitude 39°0′57′′ N, longitude 074°56′56′′ W in Villas, 

NJ, thence west to latitude 39°00′59′′ N, longitude 074°57′15′′ W, thence 

south to latitude 38°58′08′′ N, longitude 074°58′11′′ W, thence east to latitude 38°58′04′′ N, longitude 074°57′52′′ W in North Cape May, NJ, thence 

north along the shoreline to the point of origin.

One Saturday or 

Sunday in June.

DelMoSports. 

Around the Island 

Paddle.

All waters within 50 yards in front of the lead safety vessel preceding the first 

event participants, to 50 yards behind the safety vessel trailing the last 

event participants, and 100 yards on either side of participant and safety 

vessels during the event. The regulated area will move with the safety vessels and participants as they transit the waters east through Cape May 

Harbor, south through Cape May Inlet, west through the Atlantic Ocean, 

north through the Delaware Bay, then east through Cape May Canal, and 

terminate at the Lost Fishermen’s Memorial in Cape May Harbor. The regulated area will move at the pace of event patrol vessels and participants.

One Saturday or 

Sunday in June, 

July or August.

Desatnick Foundation. 

Manasquan Inlet Intracoastal Tug.All waters of Manasquan Inlet extending 400 feet from either side of the rope 

located between approximate locations latitude 40°06′09′′ N, longitude 

74°02′08′′ W and latitude 40°06′14′′ N, longitude 74°02′08′′ W.

One Saturday or 

Sunday in September or October.

Borough of 

Manasquan. 

1As noted, the enforcement dates and times for each of the listed events in this table are subject to change. In the event of a change, or for 

enforcement periods listed that do not allow a specific date or dates to be determined, the Captain of the Port will provide notice to the public by 

publishing a Notice of Enforcement in the Federal Register, as well as, issuing a Broadcast Notice to Mariner. 

* * * * * 

Dated: February 10, 2022. 

Leon McClain, Jr., 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port, Delaware Bay. 

[FR Doc. 2022–03256 Filed 2–16–22; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0931; FRL–9541–01– 

R8] 

Air Plan Conditional Approval; 

Colorado; Revisions to Regulation 

Number 7 and Oil and Natural Gas 

RACT Requirements for 2008 8-Hour 

Ozone Standard for the Denver Metro/ 

North Front Range Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing conditional 

approval of portions of State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado on 

May 14, 2018 and May 13, 2020. The 

revisions are to Colorado Air Quality 

Control Commission (Commission or 

AQCC) Regulation Number 7 (Reg. 7), 

and address Colorado’s SIP obligation to 

require reasonably available control 

technology (RACT) for sources covered 

by the 2016 oil & natural gas control 

techniques guidelines (CTG or CTGs) for 

Moderate nonattainment areas under the 

2008 ozone National Ambient Air 

Quality Standard (NAAQS). These 

revisions address the final remaining 

pieces of the May 14, 2018 and May 13, 

2020 submittals that we have not 

previously acted on. The EPA is taking 

this action pursuant to the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 21, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0931, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 


lotter on DSK11XQN23PROD with PROPOSALS1
8998 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 

1Final Rule, Approval and Promulgation of State 

Implementation Plan Revisions; Colorado; 

Attainment Demonstration for the 2008 8-Hour 

Ozone Standard for the Denver Metro/North Front 

Range Nonattainment Area, and Approval of 

Related Revisions, 83 FR 31068, 31069–31072. 

2Final Rule, Approval and Promulgation of 

Implementation Plans; Colorado; Revisions to 

Regulation Number 7 and RACT Requirements for 

2008 8-Hour Ozone Standard for the Denver Metro/ 

North Front Range Nonattainment Area, 86 FR 

11125, 11126–11127. 

3Final Rule, Approval and Promulgation of 

Implementation Plans; Colorado; Revisions to 

Regulation Number 7; Aerospace, Oil and Gas, and 

Other RACT Requirements for the 2008 8-Hour 

Ozone Standard for the Denver Metro/North Front 

Range Nonattainment Area, 86 FR 61071, 61072. 

4Final rule, National Ambient Air Quality 

Standards for Ozone, 73 FR 16436 (March 27, 2008). 

The EPA has since further strengthened the ozone 

NAAQS, but the 2008 8-hour standard remains in 

effect. See Final Rule, National Ambient Air Quality 

Standards for Ozone, 80 FR 65292 (Oct. 26, 2015). 

5 40 CFR 50.15(b). 

6Final rule, Air Quality Designations for the 2008 

Ozone National Ambient Air Quality Standards, 77 

FR 30088 (May 21, 2012). 

7 Id. at 30110. The nonattainment area for the 

2008 ozone standard includes Adams, Arapahoe, 

Boulder, Broomfield, Denver, Douglas and Jefferson 

Counties, and portions of Larimer and Weld 

Counties. See 40 CFR 81.306. 

8 40 CFR part 50, appendix I. 

9See 40 CFR 51.903. 

10Final rule, Determinations of Attainment by the 

Attainment Date, Extensions of the Attainment 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6563, 

email address: fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. What action is the EPA proposing to 

take? 

As explained below, the EPA is 

proposing to conditionally approve 

various revisions to the Colorado SIP 

that were submitted to the EPA in two 

separate SIP submittals; one was 

received by the EPA on May 14, 2018 

and the other on May 13, 2020. In 

particular, we propose to conditionally 

approve into the SIP certain Reg. 7 rules 

to meet the 2008 8-hour ozone NAAQS 

oil and gas CTG RACT requirements for 

Moderate nonattainment areas that were 

not acted on in our July 3, 2018,1

February 24, 2021,2 and November 5, 

2021 3 rulemakings. This proposed 

conditional approval is based on the 

State’s commitment to make specified 

further revisions to these rules, and 

submit them for approval into the SIP, 

to address deficiencies identified in our 

November 5, 2021 rulemaking. 

Under section 110(k)(4) of the CAA, 

the EPA may conditionally approve a 

plan based on a commitment from a 

state to adopt specific enforceable 

measures by a date certain no later than 

one year from the date of approval. The 

conditionally approved provisions are a 

part of the SIP and thus are federally 

enforceable as of the effective date of the 

final conditional approval. If the EPA 

conditionally approves the identified 

Reg. 7 rules, the State must meet its 

commitment to submit the necessary 

SIP revisions to the EPA by June 30, 

2022. If the State fails to do so, this 

action will automatically become a 

disapproval on that date. If the State 

submits timely SIP revisions but the 

EPA finds the SIP submittal to be 

incomplete, this action will become a 

disapproval on the date of the EPA’s 

incompleteness finding. In either case, 

the EPA will notify the State by letter 

that the conditional approval has 

converted to a disapproval, and as of the 

date of that notification the 

conditionally approved measures will 

no longer be a part of the approved 

Colorado SIP. The EPA subsequently 

will publish a document in the Federal 

Register notifying the public that the 

conditional approval converted to a 

disapproval. 

If the State submits the necessary SIP 

revisions by June 30, 2022, the 

conditionally approved provisions will 

remain a part of the SIP until the EPA 

approves or disapproves the new SIP 

revisions through notice-and-comment 

rulemaking. If the EPA takes final action 

approving the new revisions into the 

SIP, in the same final action the EPA 

will also convert the conditional 

approval to a full approval by making 

appropriate revisions to the description 

of the SIP in the Code of Federal 

Regulations. If the EPA disapproves the 

new SIP revisions, the conditional 

approval will convert to a disapproval, 

and the conditionally approved 

provisions will no longer be a part of the 

approved Colorado SIP. 

Any conditional approval action that 

converts to a disapproval will start an 

18-month clock for application of 

mandatory sanctions under CAA section 

179(b) and a two-year clock for the EPA 

to promulgate a Federal implementation 

plan under CAA section 110(c)(1). The 

basis for our proposed action is 

discussed in this proposed rulemaking. 

Technical information that we are 

relying on, as well as the State’s October 

20, 2021 commitment letter, is in the 

docket, available at http://

www.regulations.gov, Docket No. EPA– 

R08–OAR–2021–0931. 

II. Background 

2008 8-Hour Ozone NAAQS 

Nonattainment 

On March 12, 2008, the EPA revised 

both the primary and secondary NAAQS 

for ozone to a level of 0.075 parts per 

million (ppm) (based on the annual 

fourth-highest daily maximum 8-hour 

average concentration, averaged over 3 

years), to provide increased protection 

of public health and the environment.4

The 2008 ozone NAAQS retains the 

same general form and averaging time as 

the 0.08 ppm NAAQS set in 1997, but 

is set at a more protective level. 

Specifically, the 2008 8-hour ozone 

NAAQS is attained when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ambient 

air quality ozone concentrations is less 

than or equal to 0.075 ppm.5

Effective July 20, 2012, the EPA 

designated as nonattainment any area 

that was violating the 2008 8-hour 

ozone NAAQS based on the three most 

recent years (2008–2010) of air 

monitoring data.6 With that rulemaking, 

the Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado area (Denver or 

DMNFR Area) area was designated 

nonattainment and classified as 

Marginal.7 Ozone nonattainment areas 

are classified based on the severity of 

their ozone levels, as determined using 

the area’s design value. The design 

value is the 3-year average of the annual 

fourth highest daily maximum 8-hour 

average ozone concentration at a 

monitoring site.8 Areas that were 

designated as Marginal nonattainment 

were required to attain the 2008 8-hour 

ozone NAAQS no later than July 20, 

2015, based on 2012–2014 monitoring 

data.9

On May 4, 2016, the EPA published 

its determination that the Denver Area, 

among other areas, had failed to attain 

the 2008 8-hour ozone NAAQS by the 

attainment deadline, and that it was 

accordingly reclassified to Moderate 

ozone nonattainment status.10 Colorado 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 8999 

Date, and Reclassification of Several Areas for the 

2008 Ozone National Ambient Air Quality 

Standards, 81 FR 26697 (May 4, 2016). 

11CAA section 182 outlines SIP requirements 

applicable to ozone nonattainment areas in each 

classification category. Areas classified Moderate 

under the 2008 8-hour ozone NAAQS had a 

submission deadline of January 1, 2017 for these 

SIP revisions. 81 FR at 26699. 

12 83 FR at 31068. 

13 86 FR 11125. 

14See 40 CFR 51.903. 

15Final rule, Finding of Failure To Attain and 

Reclassification of Denver Area for the 2008 Ozone 

National Ambient Air Quality Standard, 84 FR 

70897 (Dec. 26, 2019); see 40 CFR 81.306. 

16Final rule, Colorado: Approval and 

Promulgation of State Implementation Plans, 46 FR 

16687 (March 13, 1981). 

17Final rule, Approval and Promulgation of Air 

Quality Implementation Plans; State of Colorado; 

Regulation No. 7, Section XII, Volatile Organic 

Compounds From Oil and Gas Operations, 73 FR 

8194 (Feb. 13, 2008). 

18Final rule, Approval and Promulgation of State 

Implementation Plans; State of Colorado; 

Attainment Demonstration for the 1997 8-Hour 

Ozone Standard, and Approval of Related 

Revisions, 76 FR 47443 (Aug. 5, 2011). 

19Final rule, Approval and Promulgation of 

Implementation Plans; State of Colorado; Regional 

Haze State Implementation Plan, 77 FR 76871 (Dec. 

31, 2012). 

20See 83 FR at 31068, 31071. 

21 86 FR 11125. 

22 86 FR 61071. 

23See https://www.coloradosos.gov/CCR/ 

eDocketDetails.do?trackingNum=2021-00594. 

24Control Techniques Guidelines for the Oil and 

Natural Gas Industry, EPA–453/B–16–001 (Oct. 

2016). 

submitted SIP revisions to the EPA on 

May 31, 2017 to meet the Denver Area’s 

requirements under the Moderate 

classification.11 The EPA took final 

action on July 3, 2018, approving the 

majority of the May 31, 2017 submittal, 

but deferring action on portions of the 

submitted Reg. 7 RACT rules.12 On 

February 24, 2021, the EPA took final 

action approving additional RACT SIP 

obligations for Moderate ozone 

nonattainment areas.13

Areas that were designated as 

Moderate nonattainment were required 

to attain the 2008 8-hour ozone NAAQS 

no later than July 20, 2018, based on 

2015–2017 monitoring data.14 On 

December 26, 2019, the EPA published 

its determination that the Denver Area, 

among other areas, had failed to attain 

the 2008 8-hour ozone NAAQS by the 

attainment deadline, and that it was 

accordingly reclassified to Serious 

ozone nonattainment status.15

SIP Control Measures, Reg. 7 

Colorado’s Reg. 7, entitled ‘‘Control of 

Ozone via Ozone Precursors and Control 

of Hydrocarbons via Oil and Gas 

Emissions,’’ contains general RACT 

requirements as well as specific 

emission limits applicable to various 

industries. The EPA approved the repeal 

and re-promulgation of Reg. 7 in 1981,16

and has approved various revisions to 

parts of Reg. 7 over the years. In 2008, 

the EPA approved revisions to the 

control requirements for condensate 

storage tanks in Section XII,17 and later 

approved revisions to Reg. 7, Sections I 

through XI and Sections XIII through 

XVI.18 The EPA also approved Reg. 7 

revisions to Section XVII.E.3.a 

establishing control requirements for 

rich-burn reciprocating internal 

combustion engines.19 In 2018 the EPA 

approved Reg. 7 revisions in Sections 

XII (volatile organic compound (VOC) 

emissions from oil and gas operations) 

and XIII (emission control requirements 

for VOC emissions from graphic art and 

printing processes), as well as nonsubstantive revisions to numerous other 

parts of the regulation.20

In February 2021, the EPA approved 

Reg. 7 revisions in Sections I 

(Applicability), IX (Surface Coating 

Operations), X (Use of Cleaning 

Solvents), XIII (Graphics Arts and 

Printing), XVI (Controls of Emissions 

from Stationary and Portable Engines 

and Other Combustion Equipment in 

the 8-Hour Ozone Control Area), and 

XIX (Control of Emissions from Specific 

Major Sources of VOC and/or NOX in 

the 8-hour Ozone Control Area). 

Revisions to incorporation by reference 

dates to rules and reference methods in 

Sections II, VI, VIII, IX, X, XII, XIII, XVI 

and XVII were also approved, as well as 

non-substantive revisions to numerous 

other parts of the regulation.21

Most recently, in November 2021, the 

EPA approved submitted revisions to 

Sections II (general provisions), XII 

(Volatile Organic Compound Emissions 

from Oil and Gas Operations), and XVIII 

(emissions from natural gas-actuated 

pneumatic controllers located at or 

upstream of natural gas processing 

plants) of Reg. 7 from State submissions 

in 2018 and 2019.22 From the State’s 

2020 submission, the EPA approved 

revisions that fully reorganized Reg. 7. 

into Parts A–E; updated requirements 

for gasoline transport trucks, bulk 

terminals, and service stations in Part B; 

added general solvent use requirements 

in Part C, Section II.F; and added 

stationary internal combustion engine 

and flare RACT requirements for major 

sources of VOC and/or NOX in the 

Denver Area in Part E. Revisions to 

incorporation by reference dates to 

rules, updates to reference methods, and 

typographical, grammatical and 

formatting corrections were made 

throughout Reg. 7. Additionally, the 

EPA finalized approval of the State’s 

negative declaration—(that is, its 

statement that there are no covered 

sources in the DMNFR Area) as to the 

aerospace CTG. 

In our November 5, 2021 final rule, 

we deferred action on several portions 

of the submittals, because we 

determined that Colorado’s SIP 

revisions did not meet oil and gas CTG 

RACT requirements for testing and 

monitoring requirements for combustion 

control devices for storage vessels and 

centrifugal compressors. On October 20, 

2021, Colorado submitted a letter to the 

EPA committing to correct the 

deficiencies through rulemaking in 

December 2021. On December 17, 2021, 

the Colorado AQCC approved revisions 

that are consistent with the 

commitments in the letter.23 Based on 

the State’s commitment to correcting the 

deficiencies identified by the EPA, and 

recognizing the substantial progress 

made toward fulfilling that 

commitment, we are now proposing 

conditional approval of the oil and gas 

CTG RACT rules for which we deferred 

action on in November 2021. 

III. Summary of the State’s SIP 

Submittals 

We are proposing to take action on 

parts of Colorado SIP submittals made 

on two different dates: 

May 14, 2018 Submittal 

This submittal contains amendments 

to Reg. 7, Sections XII (Volatile Organic 

Compound Emissions from Oil and Gas 

Operations) and XVIII (Natural GasActuated Pneumatic Controllers 

Associated with Oil and Gas 

Operations) to meet RACT for oil and 

gas sources covered by the EPA’s 2016 

Oil and Gas CTG.24 We have previously 

acted on all parts of this SIP submittal 

except for revisions to Reg. 7, Section 

XII.J.1., concerning centrifugal 

compressors, as to which we are now 

proposing conditional approval. 

May 13, 2020 Submittal 

This submittal includes a full 

reorganization of Reg. 7 into Parts A–E, 

amends oil and gas storage tank 

requirements to establish a storage tank 

control threshold, updates storage tank 

monitoring requirements, and aligns 

related recordkeeping and reporting 

requirements. The submittal also 

updates RACT requirements for major 

sources of VOC and NOX in the DMNFR 

area, including expanded categorical 

combustion equipment requirements in 

Part E, Section II (formally Section 

XVI.D.) and new categorical general 

solvent use requirements in Part C, 

Section II (formerly Section X.). The 

submittal also includes updates to the 

requirements for gasoline transport 

truck testing and vapor control systems, 


lotter on DSK11XQN23PROD with PROPOSALS1
9000 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 

25CAA section 110(a)(2). 

26For the anticipated SIP revisions that were 

described in the State’s October 20, 2021 

commitment letter, the AQCC provided notice in 

the Colorado Register on September 20, 2021 and 

held public hearings on the revisions on December 

14–17, 2021. The Commission adopted the 

revisions on December 17, 2021. After the State 

submits these new measures as SIP revisions, we 

will evaluate the sufficiency of the public process 

in separate actions in which we will propose and, 

if appropriate, finalize approval of the commitment 

submission into the SIP. 

27CAA section 182(b)(2). 

28See Proposed rule, General Preamble for 

Proposed Rulemaking on Approval of Plan 

Revisions for Nonattainment Areas—Supplement 

(on Control Techniques Guidelines), 44 FR 53761, 

53762 (Sep. 17, 1979). 

29CAA section 182(f), appropriate, finalize 

approval of the commitment submission into the 

SIP. 

29 1 CAA section 182(b)(2). 

30See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques (accessed January 6, 

2022) for a list of the EPA-issued CTGs and ACTs 

(also available within the docket). 

31See CAA section 182(b)(2). See also Note, 

RACT Qs & As—Reasonably Available Control 

Technology (RACT): Questions and Answers, 

William Harnett, Director, Air Quality Policy 

Division, EPA (May 2006), available at https://

www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/ 

20060518_harnett_ract_q&a.pdf. 

32Notice of availability, Release of Final Control 

Techniques Guidelines for the Oil and Natural Gas 

Industry, 81 FR 74798 (Oct. 27, 2016); see also 

Control Techniques Guidelines for the Oil and 

Natural Gas Industry, EPA–453/B–16–001 (Oct. 

2016). 

33 Docket ID No. EPA–HQ–OAR–2015–0216– 

0238. 

34Cited materials are in the docket for this action. 

35See the May 2021 and December 2021 EPA 

TSDs included in the docket for this action. 

and contains typographical, 

grammatical, and formatting corrections 

throughout. We have previously acted 

on all parts of this SIP submittal except 

for revisions to Reg. 7, Sections I.D., I.E, 

and I.F. concerning storage tanks, and 

Section I.J.1. concerning centrifugal 

compressors. We are now proposing 

conditional approval of those revisions. 

We are proposing to conditionally 

approve these measures into the SIP 

because, as discussed further below, the 

State has committed to adopt additional 

measures to address the concerns noted 

in our November 5, 2021 final rule. 

These measures are described in the 

State’s October 20, 2021 commitment 

letter: 

October 20, 2021 Commitment Letter 

In its letter, which is included in the 

docket for this proposed action, the 

State committed to adopt SIP revisions 

adding monitoring and performance 

testing requirements for storage vessel 

and wet seal centrifugal compressor 

combustion devices in Reg. 7, Part D, 

Section I. This commitment to remedy 

the deficiencies explained in our 

November 5, 2021 rule is the basis for 

our proposal to conditionally approve 

the previously submitted revisions. 

Further, as discussed above, with the 

December 17, 2021 action by the 

Colorado Air Quality Commission the 

State has made substantial progress 

toward fulfilling its commitment. 

IV. Procedural Requirements 

The CAA requires that states meet 

certain procedural requirements before 

submitting SIP revisions to the EPA, 

including the requirement that states 

adopt SIP revisions after reasonable 

notice and public hearing.25 In previous 

rules, we have already found that 

Colorado has satisfied this requirement 

with respect to the SIP submittals under 

consideration here. For additional 

background and previous findings, see 

the proposed and final rules at 85 FR 

63066, 63068 (Oct. 6, 2020); 86 FR 

11125 (Feb. 24, 2021); 86 FR 32656, 

32658 (June 22, 2021); and 86 FR 61071 

(Nov. 5, 2021).26

V. Reasonably Available Control 

Technology (RACT) Analysis 

A. Background 

The CAA requires that SIPs for certain 

nonattainment areas include RACT for 

each source of VOC in the area covered 

by a CTG, and for all other major 

stationary sources of VOC.27 The EPA 

has defined RACT as the lowest 

emissions limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available, considering 

technological and economic 

feasibility.28 The CAA amendments of 

1990 introduced the requirement for 

existing major stationary sources of NOX

in certain ozone nonattainment areas to 

install and operate NOX RACT.29

The EPA provides guidance 

concerning what types of controls can 

constitute RACT for a given source by 

issuing CTG and Alternative Control 

Techniques (ACT) documents.30 States 

must submit a SIP revision requiring the 

implementation of RACT for each 

source in the area for which the EPA has 

issued a CTG (for each source in the 

area that is covered by a CTG issued by 

the EPA), and for any major source in 

the area not covered by a CTG.31

On October 20, 2016, the EPA issued 

final CTGs for reducing VOC emissions 

from existing oil and natural gas 

equipment and processes.32 Under the 

schedule in the oil and gas CTG, 

revisions to SIP provisions to address 

RACT for sources covered by the CTG 

were due on October 27, 2018. Sources 

covered by the CTG include those in 

2008 ozone NAAQS nonattainment 

areas classified as Moderate (or higher). 

The emissions controls determined by 

the State to be RACT for sources 

covered by the oil and gas CTG were 

required to be implemented as soon as 

practicable, but no later than January 1, 

2021.33 In November 2017, the 

Commission adopted revisions to Reg. 7 

that addressed RACT requirements for 

each source covered by the oil and gas 

CTG. 

B. Evaluation of RACT for Oil and Gas 

CTG Sources 

As part of its May 14, 2018 submittal 

and as supplemented in connection 

with the December 2021 AQCC 

rulemaking, the Colorado Air Pollution 

Control Division (Division) conducted a 

RACT analysis to demonstrate that the 

RACT requirements for the oil and gas 

CTG for covered sources in the DMNFR 

2008 8-hour ozone NAA have been 

fulfilled. The Division conducted the 

RACT analysis by listing the state 

regulations that implement or exceed 

the RACT recommendations in the oil 

and gas CTG, and by detailing the basis 

for concluding that these regulations 

fulfill RACT, through comparison with 

established RACT recommendations 

described in the CTG. The RACT 

demonstration is contained in the 

State’s Technical Support Document for 

Reasonably Available Control 

Technology for the Oil and Gas Industry 

(document set 38) of the May 14, 2018 

submittal; at pp. 417–425 of the May 13, 

2020 submittal; and in the Supplement 

to the Technical Support Document for 

RACT for the Oil and Gas Industry (draft 

Oct. 28, 2021).34 We have reviewed 

Colorado’s new and revised VOC rules 

for the categories covered by the oil and 

gas CTG and the demonstrations 

submitted by Colorado, and have 

compared the emission limitations and 

control requirements with those of the 

CTG.35 On November 5, 2021, we 

approved the majority of the May 14, 

2018 and May 13, 2020 submittals, but 

deferred action on Reg. 7 Sections I.D., 

I.E, and I.F. from the May 13, 2020 

submittal for storage tanks, and Section 

I.J.1. for centrifugal compressors. The 

scope of this proposal only covers the 

parts of the May 14, 2018 and May 13, 

2020 submittals that the EPA deferred 

action on in our November 5, 2021 final 

rule. This proposal is not indented to reopen or re-visit any aspect of the 

November 5, 2021 final rule. The 

following section includes a detailed 

discussion of the rules that the EPA is 

proposing to take action on here. 


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36See https://www.epa.gov/ground-level-ozonepollution/ract-information. 37 86 FR 61071 (Nov. 5, 2021). 38 Id. 39Approval and Promulgation of Implementation 

Plans; Colorado; Revisions to Regulation Number 7; 

Aerospace, Oil and Gas, and Other RACT 

Requirements for 2008 8-Hour Ozone Standard for 

the Denver Metro/North Front Range 

Nonattainment Area, 86 FR 32656. 40Since renumbered to Colorado Reg. 7, Part D, 

Section I.J.1. 

41 86 FR 61071. EPA is not reopening any aspect 

of that Nov. 5, 2021 final rule in this proposal. 

42See ‘‘Comments on Approval and Promulgation 

of Implementation Plans; Colorado; Revisions to 

Regulation Number 7; Aerospace, Oil and Gas, and 

Other RACT Requirements for 2008 8-Hour Ozone 

Standard for the Denver Metro/North Front Range 

Nonattainment Area,’’ July 22, 2021. Available 

within the docket for this action and also on 

regulations.gov docket ID EPA–R08–OAR–2021– 

0262–0018. 

Based on our review, and as 

supported by the State’s commitment to 

develop and submit additional testing 

and monitoring requirements, we 

propose to conditionally approve the 

submitted rules as consistent with the 

control measures, definitions, 

recordkeeping, and test methods in the 

CTG and the CAA, and as providing for 

the lowest emission limitation through 

application of control techniques that 

are reasonably available considering 

technological and economic feasibility. 

Therefore, we propose to conditionally 

approve the rules noted above, as to 

which we deferred acting on in our 

November 5, 2021 final rule, as 

satisfying CAA RACT requirements for 

the oil and gas CTG sources in the 

DMNFR Area.36 For more information, 

see the EPA TSDs prepared in 

conjunction with our November 5, 2021 

final rule 37 and this action. 

VI. The EPA’s Evaluation of SIP Control 

Measures in Reg. 7 

We evaluated Colorado’s May 14, 

2018 and May 13, 2020 submittals 

regarding revisions to the State’s Reg. 7 

to meet RACT requirements for sources 

covered by the oil and gas CTG. We 

approved the majority of the State’s 

submissions in our November 5, 2021 

final rule.38 We did not, however, 

finalize our approval of several 

provisions related to the State’s RACT 

determination for the oil and gas CTG, 

in light of our evaluation of issues 

raised in comments received on our 

June 22, 2021 proposed rule.39 The 

provisions that the EPA deferred action 

on are related to testing and monitoring 

of combustion control devices. In this 

document, we are proposing to 

conditionally approve the limited 

remaining pieces of the May 14, 2018 

and May 13, 2020 submittals that were 

not previously acted on. More 

specifically, in the EPA’s November 5, 

2021 final rule, we deferred action on 

the following: Reg. 7, Section XII. J.1.40

from the May 14, 2018 submittal for 

centrifugal compressors; Sections I.D., 

I.E, and I.F. from the May 13, 2020 

submittal for storage tanks; and I.J.1. for 

centrifugal compressors. This document 

proposes to conditionally approve only 

these specific provisions. Our 

conditional approval is based on the 

State’s October 20, 2021 commitment to 

make specified further revisions and 

submit them to the EPA for approval. 

These further revisions have been 

approved by the Colorado AQCC but 

have not yet been formally submitted to 

the EPA; we will act on them separately 

after they are submitted. 

For ease of review, Colorado 

submitted the full text of Reg. 7 as SIP 

revisions (with the exception of 

provisions designated ‘‘State Only’’). 

The EPA is only seeking comment on 

Colorado’s proposed substantive 

changes to the SIP-approved version of 

Reg. 7, which are described below. We 

are not seeking comment on the revised 

portions of the regulation that the EPA 

previously approved into the SIP. 

As noted above, Colorado designated 

various parts of Reg. 7 State Only, and 

in Section I.A.1.c indicated that sections 

designated State Only are not federally 

enforceable. The EPA concludes that 

provisions designated State Only have 

not been submitted for the EPA’s 

approval, but are provided for 

informational purposes. Hence, the EPA 

is not proposing to act on the portions 

of Reg. 7 designated State Only, and this 

proposed rule does not discuss them 

further except as relevant to discussion 

of the portions of the regulation that 

Colorado intended to be federally 

enforceable. 

Evaluation 

A. May 14, 2018 SIP Submittal and 

October 20, 2021 Commitment Letter 

The State’s May 14, 2018 SIP 

submittal contains amendments to Reg. 

7, Sections II.B., XII and XVIII to meet 

RACT for oil and gas sources covered by 

the EPA’s 2016 oil and gas CTG. The 

submittal also includes clarifying 

revisions and typographical, 

grammatical, and formatting corrections 

throughout Reg. 7. We finalized 

approval of the majority of the May 14, 

2018 SIP revisions in our November 5, 

2021 rulemaking 41 but deferred action 

on Reg. 7, Section XII.J.1. based on our 

evaluation of issues raised in adverse 

comments received on the 

corresponding proposal.42 Colorado sent 

the EPA a letter committing to correct 

the deficiencies, and based on that 

commitment we are now proposing to 

take action on Section XII.J.1. for 

centrifugal compressors. 

a. Section XII.J.1 

Section XII.J.1 contains new 

provisions for centrifugal compressors. 

Section XII.J.1.a. requires that by 

January 2, 2018, VOC emissions from 

wet seal fluid degassing systems on wet 

seal centrifugal compressors located 

between the wellhead and the point of 

custody transfer to the natural gas 

transmission and storage segment must 

be reduced by at least 95%. Section 

XII.J.1.b. requires wet seal fluid 

degassing systems to be equipped with 

continuous, impermeable covers that are 

connected through a closed vent system 

that routes emissions from the wet seal 

fluid degassing system to the process or 

control device. Section XII.J.1.c. 

requires annual visual inspections of the 

cover and closed vent systems for 

defects that could result in air 

emissions. 

Under Section XII.J.1.d., owners or 

operators must conduct annual EPA 

Method 21 inspections of covers and 

closed vent systems to determine 

whether they operate with VOC 

emissions less than 500 ppm. Section 

XII.J.1.e. requires first attempts at repair 

to occur no later than five days after 

detecting defects or leaks, and repairs to 

be completed no later than 30 days after 

detection. Section XII.J.1.f. sets forth 

criteria for delaying inspection or repair 

due to unsafe conditions and 

accessibility issues. Owners or operators 

are required to maintain records of each 

cover or closed vent system that is 

unsafe or difficult to inspect and 

schedule for inspection when 

circumstances allow. 

Section XII.J.1.g. includes 

requirements for monthly inspections of 

combustion devices to ensure that the 

devices are operating with no visible 

emissions. 

Section XII.J.1.h. includes 

recordkeeping requirements to 

demonstrate compliance with Section 

XII.J.1. Owners and operators must 

maintain records for a minimum of five 

years. As an alternative to the 

inspection, repair, and recordkeeping 

provisions, owners and operators may 

inspect, repair, and document cover and 

closed vent systems in accordance with 

the LDAR program in Section XII.L. 

Section XII.J.1.j. allows owners and 

operators to comply with emissions, 

inspections, repair, and recordkeeping 

provisions of a New Source Performance 

Standard (NSPS) including 40 CFR part 

60, subparts OOOO and OOOOa in lieu 

of Sections XII.J.1.a. through i. 


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43P. 5–28 of the Control Techniques Guidelines 

for the Oil and Natural Gas Industry, EPA–453/B– 

16.–001 (Oct. 2016). 

44P. 19 of ‘‘Comments on Approval and 

Promulgation of Implementation Plans; Colorado; 

Revisions to Regulation Number 7; Aerospace, Oil 

and Gas, and Other RACT Requirements for 2008 

8-Hour Ozone Standard for the Denver Metro/North 

Front Range Nonattainment Area,’’ July 22, 2021. 

45 86 FR 32656. 

46 86 FR 61071. The EPA is not reopening any 

aspect of that Nov. 5, 2021 final rule in this 

proposal. 

47See pp. 592–593 of the May 13, 2020 submittal. 48See p. 591 of the May 13, 2020 submission. 

The oil and gas CTG recommends 

visible emissions and performance tests 

to demonstrate that the combustion 

devices being used meet the 95% VOC 

emission reduction RACT level of 

control.43 After reviewing comments 

received 44 on our June 22, 2021 

proposal to approve, among other 

things, Section XII.J.1 into the SIP,45 we 

determined that Colorado’s SIP 

submittals do not include requirements 

for performance testing of combustion 

devices at wet seal centrifugal 

compressors. We therefore 

recommended that the State adopt 

performance testing and associated 

recordkeeping and reporting 

requirements to adequately address 

RACT for centrifugal compressors. 

Colorado’s October 20, 2021 letter 

commits to adding visible emission 

testing and repair requirements for 

combustion devices in Section I.J.1.g. 

The comment letter also commits to 

adding Section I.J.1.h., which would 

require performance testing of 

combustion devices in accordance with 

Section 60.5413a(b) by May 1, 2023, and 

subsequent performance tests no longer 

than 60 months following the previous 

performance test. Control device models 

tested in accordance with 40 CFR part 

60, subpart OOOOa, § 60.5413a(d) and 

demonstrating continuous compliance 

in accordance with 40 CFR part 60, 

subpart OOOOa, § 60.5413a(e)(1) would 

not be subject to the performance test 

requirement. Section I.J.i.(i)(E) would 

require records of control device 

performance tests or manufacturer 

demonstration of control device model 

performance tests, and associated inlet 

gas flow rates. Section I.J.1.i.(i)(F) would 

require records of visual inspections 

including the time and date of each 

inspection and a description of any 

problems observed, description and date 

of any corrective action(s) taken, and 

name of employee or third party 

performing corrective action(s). These 

anticipated revisions described in 

Colorado’s commitment letter are 

consistent with periodic testing 

recommendations in the oil and gas 

CTG. Accordingly, we find that the 

revisions committed to for Sections 

I.J.1.g., h., and i. in the State’s October 

20, 2021 letter would address the 

identified deficiencies, and we propose 

to conditionally approve Section XII.J.1. 

B. May 13, 2020 SIP Submittal 

The State’s May 13, 2020 SIP 

submittal contains amendments to Reg. 

7, including control for VOC emissions 

from oil and gas operations. We 

finalized approval of the majority of the 

May 13, 2020 SIP revisions in our 

November 5, 2021 rulemaking,46 but 

based on concerns related to those 

raised in comments received on the 

corresponding proposal, we deferred 

action on SIP revisions to the State’s 

storage tank control strategy in Part D, 

Sections I.D.–D.3.a.(i), I.D.3.b.–b.(i), 

I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), 

I.D.3.b.(ix), I.D.4.–I.E.1.a., I.E.2.–.c.(ii), 

I.E.2.c.(iv)–c.(viii), I.F.–1.d., I.F.1.g.– 

g.(xii), I.F.1.h.–F.2.a., I.F.2.c.–c.(vi), 

I.F.3.–3.a, and I.F.3.c.–c.(i)(C) because 

those Sections are related to the 

performance testing of storage tank 

combustion equipment deficiencies 

identified in Section I.E. As part of the 

October 20, 2021 letter submitted by 

Colorado to the EPA, the State 

committed to correcting the deficiencies 

in Section I.E., and based on that 

commitment we are now taking action 

on Part D, Section I.D–F. storage tank 

controls. 

a. Section I.D. 

Section I.D. contains provisions for 

storage tank emissions controls. In 2004 

the Commission adopted the initial 

system-wide control strategy, which 

required operators to reduce emissions 

from their system of condensate tanks. 

The ‘‘system’’ was composed of 

condensate tanks with uncontrolled 

actual VOC emissions equal to or greater 

than two tons per year (tpy), and 

allowed operators to decide which tanks 

to control if emissions from the 

‘‘system’’ were reduced by specified 

percentages. The revisions in Section 

I.D. replace the system-wide control 

strategy with an individual storage tank 

control strategy in Section I.D.3. 

Operators in the DMNFR Area were 

required to install controls on storage 

tanks with uncontrolled actual VOC 

emissions equal to or greater than four 

tpy by May 1, 2020. The control 

requirements in Section I.D. were 

expanded to include crude oil and 

produced water tanks. According to the 

Division, this will result in more tanks 

being controlled.47 Section I.D.3.a.(i) 

requires that storage tanks with 

uncontrolled actual emissions of VOC 

equal to or greater than four tpy collect 

and control emissions from each storage 

tank by routing emissions to and 

operating air pollution control 

equipment that achieves a VOC control 

efficiency of 95%; combustion devices 

must have a design destruction 

efficiency of at least 98% for VOC 

unless authorized by permit before 

March 1, 2020. Section I.D.3.c. requires 

that storage tanks below the four tpy 

threshold that increase emissions above 

the threshold must be in compliance 

within 60 days of the first date of the 

month in which the threshold was 

exceeded. The Commission has 

determined that the four tpy threshold 

and implementation timetable is costeffective, technically feasible, and will 

ensure no backsliding as provided for in 

the CAA, Section 110(l).48

Colorado also submitted a provision 

for inclusion in the SIP that was 

previously State-only. Section I.D.2.a. 

requires that operators of newly 

constructed tanks employ controls 

during the first 90 days after the date of 

first production. It is appropriate to 

include this provision in the SIP 

because it will ensure that the 

requirements for emissions controls on 

startup are federally enforceable, to 

avoid confusion as to whether 

compliance with the requirement can be 

considered a limitation upon a source’s 

potential to emit for purposes of 

permitting. 

b. Section I.E. 

Section I.E. contains provisions for 

monitoring of storage tanks and air 

pollution control equipment. Section 

I.E. was revised to apply the monitoring 

requirements for all storage tanks 

controlled pursuant to Section I.D., 

which will ensure monitoring of 

condensate tanks, crude oil, and 

produced water tanks on a weekly basis 

per Section I.E.2.c. The required 

inspections have also been updated to 

include elements that can impact the 

performance of well production facility 

equipment and reduce emissions 

including checking that burner trays are 

not visibly clogged, that pressure relief 

valves are properly sealed, and that vent 

lines are closed. Inspection 

documentation requirements in former 

Section XII.E.3. were removed and 

moved to Section I.F.2.c.(iii) in order to 

condense all recordkeeping 

requirements in Section I.F. 

The oil and gas CTG recommends 

periodic performance testing to 

demonstrate compliance with the 


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49P. 4–25 of the Control Techniques Guidelines 

for the Oil and Natural Gas Industry, EPA–453/B– 

16–001 (Oct. 2016). 50P. 19 of ‘‘Comments on Approval and 

Promulgation of Implementation Plans; Colorado; 

Revisions to Regulation Number 7; Aerospace, Oil 

and Gas, and Other RACT Requirements for 2008 

8-Hour Ozone Standard for the Denver Metro/North 

Front Range Nonattainment Area,’’ July 22, 2021. 51 86 FR 32656. 

52With the exception of revisions described in 

the State’s commitment letter, which have not been 

submitted as SIP revisions yet. As previously noted, 

those revisions will be evaluated in a separate 

rulemaking after the state submits them to the EPA. 

53Although CAA section 110(k)(4) allows the 

EPA to make a conditional approval based on a 

commitment to act within one year of the final 

conditional approval, Colorado has committed to 

act on a much more accelerated schedule. 

54See CAA section 179(a)(2). 

55See CAA section 110(c)(1)(B). 

recommended RACT level of control.49

After reviewing comments received 50

on our June 22, 2021 proposal 51 to, 

among other things, approve RACT for 

storage tanks subject to the oil and gas 

CTG, we determined that Colorado’s SIP 

submittals do not include requirements 

for performance testing of combustion 

devices at storage tanks. We therefore 

recommended that the State adopt 

performance testing and associated 

recordkeeping and reporting 

requirements to adequately address 

RACT for storage tanks. 

Colorado’s October 20, 2021 letter 

commits to adding new performance 

testing requirements for control devices 

in Section I.E.3. As described in the 

commitment letter, Section I.E.3.a. will 

require that storage vessels that have the 

potential for VOC emissions equal to or 

greater than six tpy (control action 

emissions) conduct periodic 

performance testing of control devices 

to comply with the 95% VOC control 

efficiency requirement in Section 

I.D.3.a.(i). Section I.E.3.a.(i) will require 

that performance testing be conducted 

in accordance with Section 60.5413a(b) 

by May 2023, and that subsequent 

performance testing occur no more than 

30 months following the previous 

performance test. Section I.E.3.a.(ii) will 

exempt control device models that have 

been tested in accordance with Section 

60.5413a(d) and that are demonstrating 

compliance in accordance with Section 

60.5413a(e)(1) from performance test 

requirements in Section I.E.3.a.(i). 

Section I.E.3.a.(iii) requires storage 

vessels to maintain records of 

performance tests or manufacturer 

demonstrations and associated inlet gas 

flow rate records specified in Section 

I.E.3.a.(ii) for five years and to make 

records available to the Division upon 

request. These revisions are consistent 

with periodic testing recommendations 

in the oil and gas CTG. 

c. Section I.F. 

Section I.F. contains provisions for 

storage tank recordkeeping and 

reporting. As a result of replacing the 

system-wide control strategy with the 

fixed control threshold in Section I.D., 

recordkeeping and reporting 

requirements for demonstrating 

compliance with Section I.D. were 

revised in Section I.F. Operators subject 

to the system-wide control strategy were 

given until August 31, 2020, to submit 

the report for the time period in 2020 

during which the system-wide control 

strategy remained effective (i.e., January 

1–April 30, 2020). Section I.F.2 contains 

the recordkeeping and reporting scheme 

for the tanks subject to the new four tpy 

control threshold provision. Under 

Sections I.F.2. and I.F.3., owners or 

operators of storage tanks subject to 

Section I.D.3. must maintain records 

and submit annual reports including 

information regarding inspections, 

calendar monthly VOC emissions, 

emission factors used, and the control 

efficiency of air pollution control 

equipment. Reports must be retained for 

a minimum of five years. 

d. Section I.J.1. 

Section I.J.1. (previously Section 

XII.J.1.) contains requirements for 

centrifugal compressors. The revisions 

to Section I.J.1.–j. renumber the 

regulation and do not change the 

substance of the requirements from the 

May 14, 2018 submittal. 

The revisions described in this 

section 52 will strengthen the SIP, and 

(once the State has submitted the 

revised regulations described in its 

commitment letter) will meet CAA and 

RACT requirements. We therefore 

propose to conditionally approve these 

revisions into the SIP. 

VII. Proposed Action 

For the reasons expressed above, the 

EPA proposes to conditionally approve 

revisions to Sections XII.J.1 of Reg. 7 

from the State’s May 14, 2018 submittal 

and Part D, Sections I.D., I.E., I.F., and 

I.J.1. of Reg. 7 from the State’s May 13, 

2020 submission as shown in Table 1. 

The EPA is proposing to conditionally 

approve revisions to Reg.7, Part D, 

Sections I.E.3. (including subsections 

(a)(i) through (iii)) and I.J.1.g. through i. 

Additionally, the EPA is proposing to 

conditionally approve Colorado’s 

determination that Reg. 7, Part D 

satisfies RACT requirements for the 

Colorado ozone SIP for the 2016 oil and 

natural gas CTG. Under section 

110(k)(4) of the Act, the EPA may 

approve a SIP revision based on a 

commitment by a state to adopt specific 

enforceable measures by a date certain, 

but not later than one year after the date 

of approval of the plan revision. On 

October 20, 2021, Colorado submitted a 

letter committing to adopt and submit 

specific revisions by June 30, 2022.53

Specifically, the State has committed to 

add requirements for performance 

testing of certain combustion devices 

consistent with the EPA’s oil and gas 

CTG by using the same frequency, 

testing protocol, and recordkeeping 

requirements that will apply to storage 

vessels and wet seal centrifugal 

compressors required to be controlled 

under the EPA’s oil and gas CTG (i.e., 

storage vessels that have the potential 

for VOC emissions equal to or greater 

than 6 tpy). If we finalize our proposed 

conditional approval, Colorado must 

adopt and submit the specific revisions 

it has committed to by June 30, 2022 in 

order for the conditional approval to 

convert to full approval. We note that 

the Colorado AQCC adopted the 

revisions as outlined in the commitment 

letter on December 17, 2021, and we 

anticipate that the State will meet its 

deadline to submit these measures as 

SIP revisions. However, if Colorado 

does not comply with its commitment 

by June 30, 2022, if we find Colorado’s 

SIP submission provided to fulfill the 

commitment to be incomplete, or if we 

disapprove the SIP submission, this 

conditional approval will convert to a 

disapproval. If any of these occur and 

our conditional approval converts to a 

disapproval, that will constitute a 

disapproval of a required plan element 

under part D of title I of the Act, which 

will start an 18-month clock for 

sanctions 54 and the two-year clock for 

a federal implementation plan.55


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56EJSCREEN is an environmental justice mapping 

and screening tool that provides the EPA with a 

nationally consistent dataset and approach for 

combining environmental and demographic 

indicators; available at https://www.epa.gov/ 

ejscreen/what-ejscreen. 

TABLE 1—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA PROPOSES TO CONDITIONALLY APPROVE

Revised Sections in May 14, 2018 and May 13, 2020 Submittals Proposed for Approval. 

May 14, 2018 Submittal: XII.J.1. 

May 13, 2020 Submittal: Part D, Sections I.D.–D.3.a.(i), I.D.3.b.–b.(i), I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.–I.E.1.a., I.E.2.– 

.c.(ii), I.E.2.c.(iv)–c.(viii), I.F.–1.d., I.F.1.g.–g.(xii), I.F.1.h.–F.2.a., I.F.2.c.–c.(vi), I.F.3.–3.a, I.F.3.c.–c.(i)(C), and I.J.1. 

Revised Sections from Colorado’s Oct. 20, 2021 Commitment Letter: Part D, Sections I.E.3.–a.(iii), I.J.1.g.–h., I.J.1.i., and I.J.1.i.(i)(E)–(F). 

VIII. Consideration of Section 110(l) of 

the CAA 

Under section 110(l) of the CAA, the 

EPA cannot approve a SIP revision if the 

revision would interfere with any 

applicable requirements concerning 

attainment and reasonable further 

progress toward attainment of the 

NAAQS, or any other applicable 

requirement of the Act. In addition, 

section 110(l) requires that each revision 

to an implementation plan submitted by 

a state shall be adopted by the state after 

reasonable notice and public hearing. 

The Colorado SIP revisions that the 

EPA is proposing to conditionally 

approve do not interfere with any 

applicable requirements of the Act. The 

Reg. 7 revisions submitted by the State 

on May 13, 2018 and May 14, 2020 are 

intended to strengthen the SIP and to 

serve as RACT for certain sources for the 

Colorado ozone SIP. Colorado’s 

submittals provide adequate evidence 

that the revisions were adopted after 

reasonable public notices and hearings. 

Therefore, CAA section 110(l) 

requirements are satisfied. 

IX. Environmental Justice 

Considerations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs federal agencies to 

identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. Additionally, 

Executive Order 13985 (86 FR 7009, Jan. 

25, 2021) directs federal agencies to 

assess whether and to what extent their 

programs and policies perpetuate 

systemic barriers to opportunities and 

benefits for underserved populations, 

and Executive Order 14008 (86 FR 7619, 

Feb. 1, 2021) directs federal agencies to 

develop programs, policies, and 

activities to address the 

disproportionately and adverse human 

health, environmental, climate-related 

and other cumulative impacts on 

disadvantaged communities. 

To identify potential environmental 

burdens and susceptible populations in 

the DMNFR area, a screening analysis 

was conducted using the EJSCREEN 56

tool to evaluate environmental and 

demographic indicators within the area, 

based on available data from the Census 

Bureau’s American Community Survey. 

The tool outputs showing the results of 

this assessment are in the docket for this 

action. These results indicate that 

within the DMNFR area there are census 

block groups that are above the national 

averages and above the 80th percentile 

(in comparison to the nation as a whole) 

for the numbers of persons experiencing 

low income and people of color. These 

populations may be vulnerable and 

subject to disproportionate impacts 

within the meaning of the executive 

orders described above. Further, as the 

EJSCREEN analysis is a screening-level 

assessment and not an in-depth review, 

it is possible that there are other 

vulnerable groups within the DMNFR 

area. 

As to all vulnerable groups within the 

DMNFR area, as explained below we 

believe that this action will be beneficial 

and will tend to reduce impacts. When 

the EPA establishes a new or revised 

NAAQS, the CAA requires the EPA to 

designate all areas of the U.S. as either 

nonattainment, attainment, or 

unclassifiable. If an area is designated 

nonattainment for a NAAQS, the state 

must develop a plan outlining how the 

area will attain and maintain the 

standard by reducing air pollutant 

emissions. In this action we are 

proposing to conditionally approve state 

rules as meeting the CAA standard for 

RACT, which the EPA has defined as 

the lowest emission limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility. 

Approval of these rules into the SIP will 

establish federally enforceable 

requirements that will reduce emissions 

from oil and gas operations in the area. 

These requirements will contribute to 

the increased protection of those 

residing, working, attending school, or 

otherwise present in those areas, and we 

propose to determine that this rule, if 

finalized, will not have 

disproportionately high or adverse 

human health or environmental effects 

on communities with environmental 

justice concerns. 

X. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference Colorado 

AQCC Regulation 7 pertaining to the 

control of ozone via ozone precursors 

and control of hydrocarbons from oil 

and gas emissions discussed in section 

VI of this preamble. The EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

XI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 


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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Proposed Rules 9005 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. Accordingly, the 

proposed rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: February 8, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–03170 Filed 2–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF AGRICULTURE 

48 CFR Chapter 4 

[Docket No. USDA–2022–0002] 

RIN 0599–AA28 

Agriculture Acquisition Regulation 

(AGAR) 

AGENCY: United States Department of 

Agriculture. 

ACTION: Proposed rule. 

SUMMARY: The United States Department 

of Agriculture (USDA) is proposing to 

make amendments to the Agriculture 

Acquisition Regulation (AGAR) to align 

the AGAR with changes to acquisition 

law, regulations, and internal USDA 

policies since the AGAR’s last major 

revision in 1996. 

DATES: Interested parties should submit 

written comments on or before March 

21, 2022 to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments in 

response to the proposed rule to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘AGAR.’’ Follow the instructions 

provided on the ‘‘Comment Now’’ 

screen. If your comment cannot be 

submitted using Regulations.gov, email 

the point of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

FOR FURTHER INFORMATION CONTACT: 

Crandall Watson, Chief, Procurement 

Policy Division, Office of Contracting 

and Procurement, Telephone: (202) 

720–7529; Email: Procurement.Policy@

usda.gov. 

SUPPLEMENTARY INFORMATION: This 

rulemaking is necessary to update the 

AGAR located in 48 CFR parts 401 

through 499. 

I. Background 

The Agriculture Acquisition 

Regulation (AGAR) implements the 

Federal Acquisition Regulation (FAR) 

(48 CFR ch. 1) where further 

implementation is needed, and 

supplements the FAR when coverage is 

needed for subject matter not covered by 

the FAR. The Department of Agriculture 

(USDA) identified parts of the AGAR 

which required updating or 

streamlining based on updates to 

acquisition law, regulations, and 

internal USDA policies. USDA’s review 

indicated that almost all parts of the 

AGAR required revision. Accordingly, 

USDA has reviewed and revised 

substantially all parts of the AGAR. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This proposed rule is an 

internal rule of agency procedure and 

therefore is not a significant regulatory 

action under Executive Order 12866. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq., 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other statute. Under section 

605(b) of the RFA, however, if the head 

of an agency certifies that a rule will not 

have a significant impact on a 

substantial number of small entities, the 

statute does not require the agency to 

prepare a regulatory flexibility analysis. 

The proposed changes would update 

the AGAR to bring it up to date and to 

make sure correspondence with the FAR 

is maintained. The proposed rule would 

amend the AGAR to correct and update 

internal references to the FAR; to 

remove sections supplementing material 

that has been removed from the FAR; 

and to update designations of USDA. 

Therefore, pursuant to section 605(b), 

USDA certifies that this proposed rule, 

if promulgated, will not have a 

significant impact on a substantial 

number of small entities. 

IV. Paperwork Reduction Act 

The proposed rule does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects 

48 CFR Part 401 

Government procurement, Reporting 

and recordkeeping requirements. 

48 CFR Parts 402, 405 Through 406, 411 

Through 416, 434 Through 437, and 447 

Through 470 

Government procurement. 


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