ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 (EPA-R08-0AR-2009-0790); FRL- Approval and Promulgation ofAir Quality Implementation Plans; Colorado; Revisions to Regulation Number 1
AGENCY: Environmental Protection Agency (EPA). ACTION: Direct Final Rule SUMMARY: EPA is taking direct tinal action approving State Implementation Plan revisions submitted by the State ofColorado on August 3, 2007 to Colorado's Regulation Nun1ber 1 (revisions to the performance testing requirements for air curtain destructors). Colorado adopted these rule revisions on October2, 2006. All other actions submitted by the State ofColorado concurrent with Colorado's RegulationNumber 1revision request will be acted on at a later date. This action is being taken under section 110 ofthe**CI~an** AirAct. DATES: Comments luust be received on orbefore [insert date 30 days after publication in the Federal Register]. ADDRESSES: Submityour comments, identified by Docket ID No. EPA-R08-0AR-2009­ 0790, by one ofthe following methods:
• www.regulations.gov. Followthe on-line instructions for submitting comments.
• E-mail: videtich.callie(tv,epa.gov and leone.kevin((l1epa.goY
• Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT ifyou are faxing con1n1ents).• Mail: Callie A. Videtich, Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202­ 1129.
• Hand Delivery: Callie A. Videtich. Director, AirProgram, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, DenveL Colorado 80202-1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal holidays. Special arrangements should be made for deliveries ofboxed infonnation. Instructions: Directyour comments to Docket ID No. EPA-R08-0AR-2009-0790. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at Vv"\\tw.regulations.gov, including any personal infonnation provided, unless the comment includes infonnation claimed to be Confidential Business Infonnation (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you considerto be 

### CHI orotherwise protected through Vvww.regulations.gov or**e~mail.** The wvvw.regulations.gov web site is an "anonymous access" system, which means EPA will not know youridentity or contact information unless you provide it in the body ofyour comment. Ifyou send an e-mail comment directly to EPA; without going through WWVv'.regulations.gov, your e-mail address will be automatically captured and included as part of the commentthat is placed in the public docket and made available on the Internet. Ifyou submit
an el'ectronic comment, EPA recommends that you include your name and othercontact information in the body ofyour comment and with any disk orCD-ROM you submit. IfEPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consideryour comment. Electronic files should avoid the use ofspecial 2characters, any form ofencryption, and be free of**~ny** defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting comments, go to Section 1. General Information ofthe SUPPLEMENTARYINFORMATION section of this document. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI orother

.information whose disclosure is restricted by statute. Certain othermaterial, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available eitherelectronically in www.regulations.gov: or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129
. EPA requests that ifat all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT sectionto viewthe hard copy ofthe docket. You may viewthe hard copy ofthe docket Mondaythrough Friday, 8:00 a.m. to 4:00 p.lTI., excluding Federal holidays. FOR FURTHERINFORMATION CONTACT: Kevin Leone, Air Progranl, MaiIcode 8PAR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov. SUPPLEMENTARYINFORMATION: 

### Table ofContents I. General Information A. What Should I Consider as I Prepare My Comments for EPA? II. What is being addressed in this document? 3III. What are the changes that EPA is proposing to approve? IV. Final Action V. Statutory and Executive 9rderReviews Definitions Forthe purpose ofthis**document~** we are giving meaning to certain words orinitials as follows: (i) The word Act or initials CAA mean or refer to the Clean Air Act, unless the**conte~<t** indicates otherwise. (ii) The words**EPA~ we~**  us or ourmean orreferto the United States Enviromnental Protection Agency. (iii) The initials SIP mean Qr referto State Implementation Plan. (iv) The words State or Colorado nlean the State ofColorado, unless the context indicates otherwise. I. General Information A. What Should I Consideras I Prepare My Comments for EPA? 1. Submitting eBI Do not submitthis information to EPAthrough www.regulations.gov
ore-mail. Clearly markthe partor all ofthe information that you claim to be CBI. For CBI information in a disk orCD ROM that you mail to EPA, mark the outside ofthe disk orCD ROM as CBI andthen identify electronically withinthe disk or CD ROM the specific information that is clailned as CBI. In addition to one conlplete version ofthe commentthat includes infornlation claimed as CBI, a copy ofthe comment that does not contain the information claimed as CHI lnust be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

4

### 2. Tips/or Preparing Your Comments. When submitting comments, rememberto:
a. ldentify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number). b. Follow directions

- The agency may ask you to respond to specific questions or organize comments by referencing a Code ofFederal Regulations (CFR) part or section number.
c. Explain why you agree ordisagree; suggest alternatives and substitute language for yourrequested changes. d. Describe any assumptions and provide any technical inforn1ation and/or datathat you used.
e. Ifyou estimate potential costs orburdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. f. Provide specific examples to illustrate your concerns. and suggest alternatives. g. Explain your views as clearly as possible, avoiding the use ofprofanity or personal threats. h. Make sure to submit your comments by the comment period deadline identitied. II. What Is BeingAddressed In This Document? EPA is approving a revision to the Colorado State Implementation Plan (SIP). On August 3, 2007, the State ofColorado submitted a revision to its SIP, regarding the applicability, provisions for incinerator performance testing requirements. This revision addressed Regulation Number 

### 1ofthe Colorado AirQuality Control Commission (AQCC) Regulations, entitled "'Emission Control for Particulate Matter, Smoke, Carbon Monoxide, and SUlfl.lr Oxides." Colo. Code Reg. § 1001-3, and provides an exemption for air curtain destructors. 

### 5

### III. What are the changes that EPA is proposingto approve'! Priorto**Colorado~s revision~**  Regulation Number 1 Section IILB provided that all**incinerators~** withthe exception ofbion1edical waste**incinerators~** meet certain particulate matter grain loading standards. To ensure compliance with these**standards~** the regulation provides the Colorado Air Pollution Control Division with the ability to require performance tests. in accordance with 40 CFR part 60. appendix A. The revision to Colorado's SIP and regulations adds an additional exemptionto Section IILB for aircurtain destructors that are subject to 40 CFR part 60. Underthe definition set forth in Colorado's Common Provisions Regulation. 5 Colo. Code. Regs. § 1001-2. aircurtain destructors are considered incinerators, ifthey are subject to New Source Performance Standards (NSPS) for incinerators in 40 CFR part 60. However. at the time Section III.B ofRegulation 1was enacted, there were no federal NSPS requirements governing air curtain destructors. Air curtain destructors were not considered incinerators and
were not subjectto 40 CFR part 60. On December**1~** 2000, EPA promulgatedNSPS for Commercial and Industrial Waste Incineration Units at 40 CFRpart 60, subpart CCCC. On December**16~** 2005, EPA promulgated NSPS for Other Solid Waste Incineration Units at 40 CFR part 60. subpart EEEE. Both standards apply to air curtain destructors that meet limited applicability criteria and establish opacity standards and appropriate performance testing requirements for those units. Priorto the revision, Regulation Number 1. Section IILB required that air curtain destructors subjectto incineratorrequirements under40 CFRpart 60 meet state grain loading standards and performance testing requirements, as specified in 40CFRpart 60, appendix A, to demonstrate compliance withthese standards. It is not**feasible~** however, to conduct such 

### 6performance tests on air**cu~ain** destructors due to their lack ofa distinct stack. Colorado has revised its regulations to exempt air curtain destructors fronl these requirements in orderto
ensure that air curtain destnlctors are subject to appropriate and reasonable perfonnancetest requirements. Accordingly, Regulation Nunlber 1, Section IILB has been revised to clarify that air curtain destructors subjectto 40 CFRpart 60 are not subjectto Section III.B. This revision will result in the requirement for aircurtain**destru~tors** subjectto NSPS to meet the standards and conduct perfonnancetesting as provided"in 40 eFRpart 60, subpart CCCC or"40 CFRpart 60, subpart EEEE. 

### IV. Final Action EPA is approving this revision to Colorado's SIP which would revise Regulation Number I, Section lII.B. This revision would exclude air curtain destructors that are subject to a NSPS from complyingwith infeasible performance testing requirements in Regulation Number 1, Section III.B. This revision will maintain consistency between state and federal law. EPA considers this change to be consistent with the provisions in CAA § 110(1). CAA Section 110(1) states: ""Each revision to an implementationplan submitted by a State under this chapter shall be adopted by such State afterreasonable notice and public hearing. The Administrator shall not approve a revision ofa plan ifthe revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 7501 ofthis title), or any other applicable requirement ofthis chapter:' Thus, under Section 110(1), this SIP revision must not interfere with attainment orreasonable further progress
orany other applicable requiren1ent ofthe Act. When Section IILBwas approved into Colorado's SIP, air curtain destructors were not subject to any 40 CFRpart 60 requirements. Before EPA's promulgation of40 CFRpart'60, subpart ecee and 40 eFRpart, 60 subpart 7EEEE, air curtain destructors would not have been considered "incinerators" under the definition in the Common Provisions Regulation, 5 Colo. Code Regs. § 1001-2, and no air curtain destructors would have been regulated under Section IILB. Therefore, this revision exempting air curtain destructors from the**requ~reI]1ents** ofSection III.B does not substantivelychange the requirements ofColorado's SIP. Because EPA's approval ofthis SIP revision \vould not interfere with reasonable further progress or any otherapplicable requirement ofCAA, it is consistent with CAA 

### § 110(1). EPA is publishing this rule without priorproposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in the Proposed Rules section oftoday's 

### Federal Registerpublication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision ifadverse conlments are filed. This rule will be effective [Insert date 60 days afterpublication in the Federal Register] without further notice unless the Agency receives adverse comments by [Insert date 30 days after publication in the Federal Register.] Ifthe EPA receives adverse conlments, EPA will publish a timely withdrawal in the 

### FederalRegister infonningthe public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in cOlnmentingmust do so at this time. Please note that ifEPA receives adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, EPA may adopt as final those provisions ofthe rule that are not the subject ofan adverse comment. 

## v. Statutory and Executive OrderReviews Underthe Clean Air Act, theAdnlinistrator is required to approve a SIP sublnission that 

### 8complies with the provisions ofthe Act and applicable Federal regulations 42 U.S.C. 741O(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 ofthe Clean Air Act. Accordingly, this direct final action merely approves state law as nleeting Federal requirements and does not inlpose additional requirements beyond those imposed by state law. Forthat reason, this direct final action:
• is not a "significantregulatory action" subject to revie'w by the Office ofManagement and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
• does not impose an information collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 

### etseq.);
• is certified as not having a significant econOlnic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 

### et seq.);
• does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 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 1.9885, April 23, 1997);
• is not a significantregulatory action subjectto Executive Order 13211 (66 FR 28355, May 22,2001):

9• is not subject to requirements ofSection 12(d) ofthe National Technology Transfer and AdvancementAct of 1995 (15 U.S.C. 272 note) because application ofthose requirements would be inconsistent with the Clean AirAct; and
• does not provide EPA with the discretionary authority to address, as appropriate, disproportionate hUlnan health or environmental effects, using practicable and legally permissible methods, underExecutive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specifiedby 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 ilnpose substantial direct costs on tribal governments orpreempt tribal law. List ofSubjects in 40 CFR Part 52 Environmental protection, Airpollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfuroxides, Volatile organic compounds, Incorporation by reference. Authority: 42 U.S.C. 7401 etseq

10IDENTIFICATION OF DOCUMENT: Approval and Promulgation ofAir Quality Implementation Plans; Colorado; Revisions to Regulation Number 1 (EPA-R08-0AR-2009­ 0790) Page 11 of11



### Dated: Carol Rushin Acting Regional Adlninistrator Region 8



### I 1