32656 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 

(2) Model A319–111, –112, –113, –114, 

–115, –131, –132, and –133 airplanes. 

(3) Model A320–211, –212, –214, –216, 

–231, –232, and –233 airplanes. 

(4) Model A321–111, –112, –131, –211, 

–212, –213, –231, and –232 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 25, Equipment/furnishings. 

(e) Reason 

This AD was prompted by reports of 

damaged lower lateral fittings of the 80VU 

rack, and reports of new damage on airplanes 

on which certain optional service 

information had been accomplished. The 

FAA is issuing this AD to address damage or 

cracking of the 80VU fittings and supports, 

which could lead to possible disconnection 

of the cable harnesses to one or more 

computers, and if occurring during a critical 

phase of flight, could result in reduced 

control of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, European Union Aviation 

Safety Agency (EASA) AD 2021–0045, dated 

February 16, 2021 (EASA AD 2021–0045). 

(h) Exceptions to EASA AD 2021–0045 

(1) Where EASA AD 2021–0045 refers to its 

effective date, this AD requires using the 

effective date of this AD. 

(2) The remarks section of EASA AD 2021– 

0045 does not apply to this AD. 

(3) Where paragraph (2) of EASA AD 2021– 

0045 specifies ‘‘any discrepancy,’’ for this AD 

‘‘any discrepancy’’ includes broken fittings, 

missing bolts, an electronics rack FIN 80VU 

that is in contact with structure, any bush 

that has migrated, burred material, and 

cracks. 

(4) Paragraph (4) of EASA AD 2021–0045 

specifies to report inspection results to 

Airbus within a certain compliance time. For 

this AD, report inspection results at the 

applicable time specified in paragraph 

(h)(4)(i) or (ii) of this AD. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 90 days after the inspection. 

(ii) If the inspection was done before the 

effective date of this AD: Submit the report 

within 90 days after the effective date of this 

AD. 

(i) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Large Aircraft 

Section, International Validation Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the Large Aircraft 

Section, International Validation Branch, 

send it to the attention of the person 

identified in paragraph (j)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(ii) AMOCs approved previously for AD 

2013–25–11 are approved as AMOCs for the 

corresponding provisions of EASA AD 2021– 

0045 that are required by paragraph (g) of this 

AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain instructions 

from a manufacturer, the instructions must 

be accomplished using a method approved 

by the Manager, Large Aircraft Section, 

International Validation Branch, FAA; or 

EASA; or Airbus SAS’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(3) Required for Compliance (RC): For any 

service information referenced in EASA AD 

2021–0045 that contains RC procedures and 

tests: Except as required by paragraph (i)(2) 

of this AD, RC procedures and tests must be 

done to comply with this AD; any procedures 

or tests that are not identified as RC are 

recommended. Those procedures and tests 

that are not identified as RC may be deviated 

from using accepted methods in accordance 

with the operator’s maintenance or 

inspection program without obtaining 

approval of an AMOC, provided the 

procedures and tests identified as RC can be 

done and the airplane can be put back in an 

airworthy condition. Any substitutions or 

changes to procedures or tests identified as 

RC require approval of an AMOC. 

(4) Paperwork Reduction Act Burden 

Statement: A federal agency may not conduct 

or sponsor, and a person is not required to 

respond to, nor shall a person be subject to 

a penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork Reduction 

Act unless that collection of information 

displays a current valid OMB Control 

Number. The OMB Control Number for this 

information collection is 2120–0056. Public 

reporting for this collection of information is 

estimated to be approximately 1 hour per 

response, including the time for reviewing 

instructions, searching existing data sources, 

gathering and maintaining the data needed, 

and completing and reviewing the collection 

of information. All responses to this 

collection of information are mandatory as 

required by this AD. Send comments 

regarding this burden estimate or any other 

aspect of this collection of information, 

including suggestions for reducing this 

burden to Information Collection Clearance 

Officer, Federal Aviation Administration, 

10101 Hillwood Parkway, Fort Worth, TX 

76177–1524. 

(j) Related Information 

(1) For information about EASA AD 2021– 

0045, contact EASA, Konrad-Adenauer-Ufer 

3, 50668 Cologne, Germany; telephone +49 

221 8999 000; email ADs@easa.europa.eu; 

internet www.easa.europa.eu. You may find 

this EASA AD on the EASA website at 

https://ad.easa.europa.eu. You may view this 

material at the FAA, Airworthiness Products 

Section, Operational Safety Branch, 2200 

South 216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. This 

material may be found in the AD docket on 

the internet at https://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2021–0506. 

(2) For more information about this AD, 

contact Sanjay Ralhan, Aerospace Engineer, 

Large Aircraft Section, International 

Validation Branch, FAA, 2200 South 216th 

St., Des Moines, WA 98198; telephone and 

fax 206–231–3223; email sanjay.ralhan@

faa.gov. 

Issued on June 15, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–13057 Filed 6–21–21; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0262; FRL–10025– 

02–Region 8] 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Colorado on May 14, 2018, May 8, 2019, 

and May 13, 2020. The revisions are to 

Colorado Air Quality Control 

Commission (Commission or AQCC) 

Regulation Number 7 (Reg. 7). The 

revisions to Reg. 7 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); update RACT 

requirements for major sources of 

volatile organic compounds (VOC) and 

nitrogen oxides (NOx); reorganize the 

regulation; add incorporation by 

reference dates to rules and reference 


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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 32657 

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. 

3 86 FR 11125. 

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 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 

Date, and Reclassification of Several Areas for the 

2008 Ozone National Ambient Air Quality 

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

11CAA section 182, 42 U.S.C. 7511a, 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. 

methods; and make typographical, 

grammatical, and formatting corrections. 

Also, the EPA is proposing to finalize 

approval of the State’s negative 

declaration that there are no sources in 

the Denver Metro/North Front Range 

(DMNFR) Area subject to the aerospace 

CTG, which was conditionally approved 

in our February 24, 2021 rulemaking. 

The EPA is taking this action pursuant 

to the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 22, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0262, 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 

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, (303) 

312–6563, 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 taking? 

As explained below, the EPA is 

proposing to approve various revisions 

to the Colorado SIP that were submitted 

to the EPA on May 14, 2018, May 8, 

2019, May 13, 2020, and March 22, 

2021. In particular, we propose to 

approve 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 and February 24, 

2021 2 rulemakings. We are also 

proposing to approve certain area source 

rules as meeting the 2008 8-hour ozone 

NAAQS RACT requirements for Serious 

nonattainment areas. Additionally, we 

are proposing to finalize approval of the 

State’s negative declaration that there 

are no sources in the DMNFR Area 

subject to the aerospace CTG, which 

was conditionally approved in our 

February 24, 2021 3 rulemaking. 

The specific bases for our proposed 

actions, our analyses, and proposed 

findings are discussed in this proposed 

rulemaking. Technical information that 

we are relying on is in the docket, 

available at http://www.regulations.gov, 

Docket No. EPA–R08–OAR–2021–0262. 

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 

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 


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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 (Feb. 24, 2021). 

22Control Techniques Guidelines for the Oil and 

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

2016). 

23 86 FR 11125. 

24CAA section 110(a)(2), 42 U.S.C. 7410(a)(2), 

25CAA section 182(b)(2). 

26Proposed 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). 

27CAA Section 182(f). 

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 (VOC emissions from oil and gas 

operations) and XIII (emission control 

requirements for VOC emissions from 

graphic art and printing processes), as 

well as non-substantive revisions to 

numerous other parts of the 

regulation.20

Most recently, in 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

III. Summary of the State’s SIP 

Submittals 

We are proposing to take action on 

Colorado SIP submittals made on four 

three 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.22

May 8, 2019 Submittal 

This submittal contains 

typographical, grammatical, and 

formatting corrections to Reg. 7 Sections 

XII and XVIII that were not acted on in 

our February 24, 2021 action.23

May 13, 2020 Submittal 

This submittal includes a full 

reorganization of Reg. 7 into Parts A–E, 

and 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. 

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, and contains 

typographical, grammatical, and 

formatting corrections throughout. 

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.24

For the May 14, 2018 submittal, the 

AQCC provided notice in the Colorado 

Register on July 22, 2017 and held 

public hearings on the revisions on 

October 19 and 20, 2017. The 

Commission adopted the SIP revisions 

on November 17, 2017. The SIP 

revisions became state-effective on 

December 30, 2017. 

For the May 8, 2019 submittal, the 

AQCC provided notice in the Colorado 

Register on August 18, 2018 and held a 

public hearing on the revisions on 

November 15, 2018. The Commission 

adopted the SIP revisions on November 

15, 2018. The revisions became stateeffective on January 14, 2019. 

For the May 13, 2020 submittal, the 

AQCC provided notice in the Colorado 

Register on September 25, 2019 and 

held public hearings on the revisions on 

December 17–19, 2019. The 

Commission adopted the SIP revisions 

on December 19, 2019. The SIP 

revisions became state-effective on 

February 14, 2020. 

Accordingly, we propose to find that 

Colorado met the CAA’s procedural 

requirements for reasonable notice and 

public hearing. 

V. Reasonably Available Control 

Technology (RACT) Analysis 

A. Background 

The CAA requires that SIPs for 

nonattainment areas implement RACT 

for each category of VOC sources in the 

area covered by a CTG and all other 

major stationary sources of VOC.25 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.26 The CAA amendments of 

1990 introduced the requirement for 

existing major stationary sources of NOX

in nonattainment areas to install and 

operate NOX RACT.27

The EPA provides guidance 

concerning what types of controls can 

constitute RACT for a given source 


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28See https://www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques (accessed May 20, 

2021) for a list of the EPA-issued CTGs and ACTs 

(also available within the docket). 

29See CAA section 182(b)(2), 42 U.S.C. 

7511a(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. 

30See CAA sections 182(c), 42 U.S.C. 7511a(c). 

31See Memorandum, ‘‘Approval Options for 

Generic RACT Rules Submitted to Meet the nonCTG VOC RACT Requirement and Certain NOX

RACT Requirements,’’ Sally Shaver, Director, Air 

Quality Strategies & Standards Division, EPA (Nov. 

7, 1996), available at https://www.epa.gov/sites/ 

production/files/2016-08/documents/ 

shavermemogenericract_7nov1996.pdf. 

32Technical Support Document for Reasonably 

Available Control Technology for Major Sources, 

Dec. 11, 2019. P. 2134 of the May 13, 2020 

submittal. 

33Notice 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). 

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

0238. 

35See Colorado’s March 22, 2021 submittal, 

document set 16 (in the docket for this action). 

36 83 FR at 31069–31070; see Proposed Rule, 

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 14807, 

14814–141815, Tables 5 and 6 (Apr. 6, 2018). 

category by issuing CTG and Alternative 

Control Techniques (ACT) documents.28

States must submit a SIP revision 

requiring the implementation of RACT 

for each source category in the area for 

which the EPA has issued a CTG, and 

for any major source in the area not 

covered by a CTG.29

For a Serious nonattainment area, a 

major stationary source is one that 

emits, or has the potential to emit, 50 

tons per year (tpy) or more of VOC or 

NOX.30 RACT can be adopted in the 

form of emission limitations or ‘‘work 

practice standards or other operation 

and maintenance requirements,’’ as 

appropriate.31 In assessing RACT 

requirements under the Serious 

classification, the Colorado Air 

Pollution Control Division (Division) 

evaluated 31 major sources in their 

Technical Support Document (TSD),32

in addition to the major sources 

evaluated under the Moderate 

classification. 

On October 20, 2016, the EPA issued 

final CTGs for reducing VOC emissions 

from existing oil and natural gas 

equipment and processes.33 Under the 

schedule in the oil and gas CTG, 

revisions to SIP RACT provisions for 

sources covered by the CTG were due 

on October 27, 2018. Sources covered by 

the CTG include those located 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, 2021.34 In 

November 2017, the Commission 

adopted revisions to Reg. 7 that 

addressed RACT requirements for each 

category of sources covered by the oil 

and gas CTG. 

In December 2019, the Commission 

adopted new SIP requirements to 

include provisions that implement 

RACT for some major sources of VOC 

and NOX by incorporating by reference 

new source performance standards 

(NSPS) and/or national emission 

standards for hazardous pollutants 

(NESHAP) requirements for specific 

points at major sources; requiring 

specific sources to provide RACT 

analyses to the Division for specified 

facilities and/or emission points to 

inform future categorical RACT 

rulemakings; expanding categorical 

combustion equipment requirements in 

Part E, Section II. (formerly Section 

XVI.D.) to facilities with NOx emissions 

greater than or equal to 50 tpy; and 

establishing categorical RACT 

requirements for general solvent use. 

B. Evaluation 

As part of its May 14, 2018 and May 

13, 2020 submittals, the Division 

conducted RACT analyses to 

demonstrate that the RACT 

requirements for the oil and gas CTG 

and certain major sources in the 

DMNFR 2008 8-hour ozone NAA have 

been fulfilled. The Division conducted 

these RACT analyses for VOC and NOX

by listing the state regulation that 

implements or exceeds RACT 

requirements for the CTG category or 

non-CTG category at issue, and by 

detailing the basis for concluding that 

these regulations fulfill RACT, through 

comparison with established RACT 

requirements described in the CTG and 

ACT guidance documents. A summary 

of our proposed action with respect to 

each RACT category follows. 

TABLE 1—SOURCE CATEGORIES, PROPOSED ACTION, AND CORRESPONDING SECTIONS OF SUBMITTALS

Category Proposed action Location of RACT demonstration 

Aerospace .............................................................. Approval ........... Negative declaration. p. 6–3 of Colorado’s Serious State Implementation 

Plan for the Denver Metro and North Front Range Ozone Nonattainment Area.35

General solvent use at major sources ................... Approval ........... pp. 619–620, 706, 2800, 2803 and Technical Support Document for Reasonably Available Control Technology for Major Sources (document 

number 56, p. 2134) of the May 13, 2020 submission. 

Oil and gas ............................................................. Approval ........... Technical Support Document for Reasonably Available Control Technology for the Oil and Gas Industry (document set 38) of the May 14, 

2018 submittal. pp. 417–425 of the May 13, 2020 submittal. 

Emissions from stationary internal combustion engines and flares at certain major sources.Approval ........... pp. 619, 622, 724, 2800–2801, 2803 and Technical Support Document 

for Reasonably Available Control Technology for Major Sources (document number 56, p. 2134) of the May 13, 2020 submission. 

Cited materials are in the docket for this action. 

In our July 3, 2018 and February 24, 

2021 rulemakings, we approved 

Colorado’s demonstration of RACT for 

certain VOC CTG sources 36 for the 2008 

8-hour ozone standard. Today we are 

taking action on the RACT 

demonstrations for Oil and Gas CTG 

categories and certain additional nonCTG VOC and NOx sources and 

categories. We have reviewed 

Colorado’s new and revised VOC rules 

for the source categories covered by the 

Oil and Gas CTG, and for major sources 

of non-CTG VOC and NOx sources for 

the 2008 8-hour ozone NAAQS, and the 

demonstrations submitted by Colorado. 

Based on this review we propose to find 

that these rules are consistent with the 


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37See https://www.epa.gov/ground-level-ozonepollution/ract-information. 

38See the EPA’s TSD for a full analysis of 

Colorado’s rules as they relate to the EPA’s 

guidelines and available technical information. 

39See 76 FR at 47443 and 83 FR at 31069–31070. 

40P. 2134 of the May 13, 2020 submittal. 

41See the EPA’s TSD for a full analysis of 

Colorado’s rules as they relate to the EPA’s 

guidelines and available technical information. 

42Colorado’s major source RACT analysis can be 

found on pp. 1119–1120 and 1142–1149 of the May 

31, 2017 submittal and the Technical Support 

Document for Reasonably Available Control 

Technology for Major Sources, November 17, 2016 

(pp. 2990–3273 of May 31, 2017 submittal). 

control measures, definitions, 

recordkeeping, and test methods in the 

CTG and the CAA, and that they satisfy 

CAA RACT requirements for the 

categories in question.37

1. RACT for CTG Sources 

Table 2 contains the CTG source 

category, the EPA reference document, 

and the corresponding sections of Reg. 

7 that fulfill the applicable RACT 

requirements for the EPA-issued 

CTGs.38 Colorado’s Reg. 7 contains SIPapproved 39 and submitted revisions 

(see Section VI of this document); we 

propose to find that these revisions meet 

RACT requirements for the source 

category listed in Table 2. 

TABLE 2—SOURCE CATEGORY, THE EPA’S CTG REFERENCE DOCUMENT, AND CORRESPONDING SECTIONS OF REG. 7 

FULFILLING RACT 

Source category in 

DMNFR area CTG reference document Date of CTG Reg. 7 sections fulfilling RACT 

Oil and Gas .......... Control Techniques Guidelines for the Oil and Natural Gas Industry.2016 Sections XII, XVIII, and revised Section D (proposed for approval in this action). 

We have reviewed the emission 

limitations and control requirements for 

the above source category and compared 

them against the EPA’s CTG document 

and available technical information in 

CTG dockets. The EPA has also 

evaluated the submitted rules and has 

determined that they are consistent with 

the CAA, the EPA’s regulations, and the 

EPA’s policies. For more information, 

see the EPA TSD prepared in 

conjunction with this action. Based on 

the information in the record, we 

propose to find that the corresponding 

sections in Reg. 7 provide for the lowest 

emission limitation through application 

of control techniques that are reasonably 

available considering technological and 

economic feasibility. Therefore, we 

propose to find that the control 

requirements for the oil and gas source 

category are RACT for all affected 

sources in the DMNFR Area under the 

2008 8-hour ozone NAAQS. 

2. RACT for Non-CTG Major Sources 

In Colorado’s Technical Support 

Document for Reasonably Available 

Control Technology for Major Sources,40

Colorado identified a list of major nonCTG VOC and NOX sources in the 

DMNFR Area subject to RACT 

requirements under a Serious 

classification. For major VOC and NOX

sources subject to nonattainment area 

RACT review, Colorado used the 

construction permit thresholds 

established in the State’s Reg. 3 for 

determining which emission points to 

review. Accordingly, emission points 

exceeding two tpy of VOC at a major 

VOC source and five tpy of NOX at a 

major NOX source, as reported on a 

source’s Air Pollutant Emission Notice, 

and that were not part of the Moderate 

RACT review, were evaluated. We have 

reviewed the State’s May 13, 2020 

submittal and find its approach to 

including these sources in the inventory 

acceptable. To satisfy the Serious RACT 

SIP requirement to establish RACT for 

all existing major sources of VOC and/ 

or NOX in the DMNFR Area, the 

Commission incorporated by reference 

several NSPS and NESHAP regulations. 

The Division also expanded the 

stationary combustion equipment 

standards and developed new general 

solvent use requirements, based on a 

detailed review of available information 

on major NOX and VOC sources in the 

DMNFR Area, an examination of the 

EPA RACT/Best Available Control 

Technology/Lowest Achievable 

Emission Rate Clearinghouse for similar 

emission points, and consideration of 

CAA section 182(b) RACT requirements 

for other ozone nonattainment areas. 

Table 3 contains a list of non-CTG 

source categories, the EPA’s reference 

documents, and the corresponding 

sections of Reg. 7 that are proposed for 

approval in this action to fulfill RACT 

requirements (see Section VI of this 

document).41

TABLE 3—SOURCE CATEGORIES, THE EPA’S REFERENCE DOCUMENTS, AND CORRESPONDING SECTIONS OF REG. 7 

PROPOSED FOR APPROVAL TO FULFILL RACT 

Source category in the DMNFR area 42 The EPA’s reference document or regulation 

(if applicable) Reg. 7 sections fulfilling RACT 

General solvent use at major sources .................................................................................. Part C, Section II.F (proposed for approval in this 

action). 

Stationary internal combustion engines NOX Emissions from Stationary Internal Combustion Engines (EPA–453/R–93–032).Applicable provisions in Part E, Section II. 

Flares ................................................... 40 CFR 60, Subpart A, Section 60.18 General 

Provisions, General control device and work 

practice requirements.

Part E, Section III.B.2. 

We have reviewed the emission 

limitations and control requirements for 

the source categories in Table 3 and 

compared them to the EPA’s 

regulations, ACT documents, available 

technical information, and guidelines. 

The EPA has also evaluated the 

submitted rules 43 and has determined 

that they are consistent with the CAA, 

the EPA’s regulations, and the EPA’s 

policies. For more information, see the 

EPA TSD prepared in conjunction with 

this action. Based on the information in 

the record, we propose to find that the 

corresponding sections in Reg. 7 


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44 86 FR 11125 (Feb. 24, 2021). 

45When we describe changes as clerical in this 

proposed action, we are referring to changes like 

section renumbering; alphabetizing of definitions; 

minor grammatical, editorial, and typographical 

revisions; and changes in capitalization. 

provide for the lowest emission 

limitation through application of control 

techniques that are reasonably available 

considering technological and economic 

feasibility. Therefore, we propose to 

find that the control requirements for 

the source categories identified in Table 

3 are RACT for all affected sources in 

the DMNFR Area under the 2008 8-hour 

ozone NAAQS. 

VI. The EPA’s Evaluation of SIP Control 

Measures in Reg. 7 

We evaluated Colorado’s May 14, 

2018, May 8, 2019, and May 13, 2020 

submittals regarding revisions to the 

State’s Reg. 7 to meet RACT 

requirements for various source 

categories. Revisions to Reg. 7 include 

expansion of categorical combustion 

equipment requirements; incorporation 

by reference of certain NSPS and 

NESHAP requirements for engines and 

landfill gas flares; RACT analysis 

requirements for specified facilities and/ 

or emission points; emission control 

requirements for general solvent use; 

and updated requirements for gasoline 

transport truck testing and vapor control 

systems. The revisions establish RACT 

requirements for the oil and gas CTG 

category and emission points at major 

sources of VOC and NOX in the DMNFR 

Area. Reg. 7 revisions also add 

incorporation by reference dates to rules 

and reference methods; reorganize and 

renumber the regulation; and correct 

typographical, grammatical, and 

formatting errors. 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 

incorporation into the SIP of the revised 

portions of the regulation that were 

previously approved into the SIP and 

have not been substantively modified by 

the State as part of any of these 

submittals. 

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 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. 

A. Evaluation 

1. May 14, 2018 SIP Submittal 

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 propose to 

approve the revisions to Sections XII 

and XVIII included in Colorado’s May 

14, 2018 submittal as identified in Table 

5. All remaining Sections of the May 14, 

2018 submittal were approved with our 

February 24, 2021 action.44 Below, we 

describe in detail Colorado’s proposed 

revisions and the basis for our proposed 

approval of them. Additional analysis 

on how revisions meet RACT 

requirements can be found in the TSD 

for this action. 

a. Section II 

Section II includes general provisions 

for Reg. 7. The revisions to Section II.B. 

clarify that the Section XII.L. 

hydrocarbon threshold and Section 

XVIII natural gas emission standards 

serve as VOC indicators and that the SIP 

does not regulate hydrocarbon 

emissions. 

We propose to find that the revisions 

clarify Sections XII.L., XVIII.C.1. and 

XVIII.C.2. and are consistent with CAA 

requirements and CTGs. We therefore 

propose to approve the changes in 

Section II.B. 

b. Section XII 

Section XII regulates VOC emissions 

from, and establishes RACT for, oil and 

gas operations. Section XII applies to 

operations that involve the collection, 

storage, or handling of condensate in the 

DMNFR Area. Changes to Sections 

XII.A. through XII.D. and XII.F. through 

XII.F.L. include addition of definitions 

for terms used in oil and gas operations; 

clarifications to Colorado’s ozone 

season; updates to the leak detection 

and repair program; new provisions for 

centrifugal and reciprocating 

compressors, natural gas driven 

diaphragm pumps, and fugitive 

emissions at well production facilities 

and natural gas compressor stations; and 

minor clerical 45 revisions that do not 

affect the substance of the requirements. 

(i) Section XII.B. 

Section XII.B. contains definitions 

specific to oil and gas operations in 

Section XII. New definitions were added 

for ‘‘approved instrument monitoring 

method,’’ ‘‘centrifugal compressor,’’ 

‘‘component,’’ ‘‘connector,’’ ‘‘custody 

transfer,’’ ‘‘infra-red camera,’’ ‘‘natural 

gas compressor station,’’ ‘‘natural gasdriven diaphragm pump,’’ ‘‘natural gas 

processing plant,’’ ‘‘reciprocating 

compressor,’’ and ‘‘well production 

facility.’’ The definitions are clear, 

straightforward, and accurate. 

(ii) Section XII.C.1. 

Section XII.C.1. includes provisions 

that are generally applicable to Section 

XII. Section XII.C.1.e.(iv) adds a new 

requirement for combustion devices 

installed on or after January 1, 2018 and 

used to comply with Sections XII.J. or 

XII.K. to be equipped with an 

operational auto-igniter upon 

installation. We propose to find that the 

revisions to Section XII.C.1. meet CAA 

and RACT requirements, and that they 

strengthen the SIP. 

(iii) Section XII.G. 

Section XII.G. includes requirements 

for natural gas-processing plants in the 

8-hour Ozone Control Area. Section 

XII.G.1. updates the leak detection and 

repair (LDAR) program applicable to 

equipment leaks at natural gas 

processing plants in the DMNFR Area 

by requiring owners or operators to 

comply with 40 CFR part 60 (NSPS), 

Subparts OOOO or OOOOa, instead of 

complying with NSPS Subpart KKK, 

which is an earlier NSPS and less 

stringent. Subpart KKK requires sources 

to implement a NSPS Subpart VV level 

LDAR program, while Subpart OOOO 

requires sources to implement a NSPS 

Subpart VVa level LDAR program. The 

oil and gas CTG recommends a Subpart 

VVa level LDAR program for equipment 

at natural gas processing plants. Section 

XII.G.3. updates compliance dates for 

owners and operators of existing natural 

gas processing plants subject to Section 

XII.G. requirements. We propose to find 

that the revisions to Section XII.G. meet 

CAA and RACT requirements, and that 

they strengthen the SIP. 

(iv) Section XII.H. 

Section XII.H. sets forth emission 

reduction requirements for glycol 

natural gas dehydrators. Section XII.H.6. 

establishes reporting requirements for 

sources subject to Section XII.H. The 

Commission revised references to 

‘‘ozone season’’ in Section and XII.H.6. 

to reflect that the requirements now 

apply year-round, including during the 


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46 In October 2015, the EPA finalized a revision 

to the ozone NAAQS that revised the length of 

Colorado’s ozone season to year-round (Final rule, 

National Ambient Air Quality Standards for Ozone, 

80 FR 65292 (Oct. 26, 2015)). 

47We are also approving a similar provision in 

Section XII.F.4. The provision applies to the 

system-wide control strategy for condensate storage 

tanks. In this action, we are proposing approval of 

the control strategy for individual storage tanks in 

new Part D, Section I.D. which replaces the systemwide strategy controls in Section XII. 

months of May to September.46 47 We 

propose to find that the revisions to 

Section XII.H. strengthen the SIP and 

meet CAA requirements. 

(v) Section XII.J. 

Section XII.J. contains new provisions 

for centrifugal and reciprocating 

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.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 an NSPS including 

Subparts OOOO and OOOOa in lieu of 

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

Section XII.J.2. contains provisions for 

reciprocating compressors. Section 

XII.J.2.a. requires that the rod packing 

on reciprocating compressors located 

between the wellhead and the point of 

custody transfer to the natural gas 

transmission and storage segment be 

replaced every 26,000 hours of 

operation or every 36 months. Under 

Section XII.J.2.a., owners or operators of 

existing reciprocating compressors at 

natural gas processing plants were 

required to begin monitoring the 

reciprocating compressor hours of 

operation on January 1, 2018 and 

conduct the first rod packing 

replacement before January 1, 2021, or 

route emissions to a process beginning 

May 1, 2018. 

Section XII.J.2.b. allows owners or 

operators the option to reduce VOC 

emissions by routing reciprocating 

compressor emissions using a rod 

packing emissions collection system 

that operates under negative pressure 

and routes the rod packing emissions 

through a closed vent system to a 

process. Owners and operators must 

conduct annual visual inspections of the 

cover and closed vent systems for 

defects that could result in air 

emissions. Section XII.J.2.b.(ii) requires 

owners and operators to conduct annual 

EPA Method 21 inspections of the cover 

and closed vent system to determine 

whether they operate with VOC 

emissions less than 500 ppm. Section 

XII.2.e. allows owners and operators to 

comply with emissions, inspections, 

repair, and recordkeeping provisions of 

an NSPS in lieu of Sections XII.J.2.a. 

through d. 

First attempts at repair must be made 

within five days of discovery, and 

repairs must be completed within 30 

days unless one of the justifications for 

delay of repair in Section XII.J.2.b.(iv) 

applies. Owners or operators may delay 

subsequent repair attempts of 

equipment where, during a scheduled 

shutdown, the owner or operator 

unsuccessfully repaired the leak 

requiring repair if repair is completed 

within two years of discovery. Delayed 

inspection or repairs of the closed vent 

system may occur under certain safety, 

accessibility, and feasibility 

circumstances described in Sections 

XII.J.2.b.(iv)(A) through (D). 

Section XII.J.2.c. includes 

recordkeeping requirements to 

demonstrate compliance with Section 

XII.J.2. Owners and operators must 

maintain records for a minimum of five 

years. As an alternative to the 

inspection, repair, and recordkeeping 

provisions, Section XII.J.2.d. allows 

owners and operators to inspect, repair, 

and document cover and closed vent 

systems in accordance with the LDAR 

program in Section XII.L. Section 

XII.J.2.e. allows owners and operators to 

comply with emissions, inspections, 

repair, and recordkeeping provisions of 

an NSPS, including Subparts OOOO 

and OOOOa. 

We propose to find that the provisions 

in the new Section XII.J. strengthen the 

SIP and meet CAA and RACT 

requirements. 

(vi) Section XII.K 

Section XII.K adds requirements for 

pneumatic pumps. Section XII.K.1 

requires that natural gas-driven 

diaphragm pneumatic pumps at natural 

gas processing plants have a VOC 

compound emissions rate of zero. 

Section XII.K.2. establishes a May 1, 

2018 effective date for owners or 

operators to reduce emissions from 

natural gas-driven diaphragm 

pneumatic pumps at well production 

facilities by 95% within 30 days of 

startup of the control device or route 

emissions to a process at the well 

production facility. Pneumatic pump 

emissions must be routed to the existing 

control device even if is unable to 

achieve a 95% emission reduction if it 

is technically infeasible to route 

emissions to a process. Section 

XII.K.2.b. requires a 95% reduction from 

pneumatic pumps within 30 days of 

startup upon installation of a control 

device or once routing emissions to a 

process becomes technically feasible. 

Pneumatic pump emissions are exempt 

from controls if an engineering 

assessment by a qualified professional 

engineer determines that routing a 

pneumatic pump to a control device or 

process is technically infeasible. 

Pneumatic pumps routing emissions to 

the process or control device must 

connect through a closed vent system. 

Sections XII.K.2.e. through h. require 

annual visual and EPA Method 21 

inspections of the closed vent system. 

First attempts at repairs must be made 

within five days of discovery, and 

repairs must be completed within 30 

days unless one of the justifications for 

delay of repair in Sections XII.K.2.h. 

applies. Delayed inspection or repairs of 

the closed vent system may occur under 

certain safety, accessibility, and 

feasibility circumstances described in 

Sections XII.K.2.h.(i) through (iv). 

Section XII.K.3. includes 

recordkeeping requirements to 

demonstrate compliance with Section 

XII.K. Owners and operators must 


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48The SIP at Reg. 7, Section XII.E.3, already 

required an ‘‘audio, visual, olfactory’’ (AVO) 

inspection required for storage tanks subject to 

control requirements. That requirement remains in 

effect. 

49Final action, State Implementation Plans: 

Response to Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy Applicable to 

SIPs; Findings of Substantial Inadequacy; and SIP 

Calls to Amend Provisions Applying to Excess 

Emissions During Periods of Startup, Shutdown and 

Malfunction, 80 FR 33840, 33917–33924 (June 12, 

2015). 

50 Id. at 33917. 

51 Id. at 33918. 

52White Paper Number 2 for Improved 

Implementation of the Part 70 Operating Permits 

Program (EPA OAQPS, March 5, 1996), Attachment 

B (‘‘SIP Provisions For Establishing Alternative 

Requirements’’), available at https://www.epa.gov/ 

sites/production/files/2015-08/documents/wtppr2.pdf. 

53See Final Rule, Revisions to Air Plan; Arizona; 

Stationary Sources; New Source Review, 80 FR 

67319, 67327 (Nov. 2, 2015) (approving rule as 

appropriately bounded because state agency ‘‘does 

not have discretion to determine in which instances 

it will or won’t apply the criteria’’ in the 

regulation). 

maintain records for a minimum of five 

years. As an alternative to the 

inspection, repair, and recordkeeping 

provisions, XII.K.4. allows owners and 

operators to inspect, repair, and 

document cover and closed vent 

systems in accordance with the LDAR 

program in Section XII.L. Section 

XII.K.5. allows owners and operators to 

comply with emissions, inspections, 

repair, and recordkeeping provisions of 

an NSPS in lieu of Sections XII.K.1. and 

XII.K.4. 

We propose to find that the provisions 

in the new Section XII.K. strengthen the 

SIP and meet CAA and RACT 

requirements. 

(vii) Section XII.L 

Section XII.L. establishes a new leak 

detection and repair (LDAR) program for 

well production facilities and natural 

gas compressor stations in the DMNFR 

Area. 

This program, which we are now 

reviewing for approval into the SIP, took 

effect under state law beginning June 30, 

2018. Under the LDAR program, owners 

or operators of natural gas compressor 

stations must inspect components for 

leaks using an approved instrument 

monitoring method (AIMM) at least 

quarterly.48 As defined in new section 

XII.B.3, AIMM means an infra-red 

camera, EPA Method 21, or another 

‘‘instrument based monitoring method 

or program’’ that is approved in 

accordance with Section XII.L.8, 

discussed below. Initial inspections for 

leaks from components at natural gas 

compressor stations constructed on or 

after June 30, 2018 must be conducted 

no later than 90 days after the facility 

commences operation and at least 

quarterly thereafter. 

Owners or operators at well 

production facilities with uncontrolled 

actual VOC emissions greater than or 

equal to one ton per year and less than 

or equal to six tons per year must 

inspect components for leaks using an 

AIMM at least annually. Well 

production facilities with uncontrolled 

VOC emissions greater than six tons per 

year must be inspected at least semiannually. Sections XII.L.2.c. and Section 

XII.L.2.d. set forth the criteria for 

determining inspection frequency and 

the timing of initial inspections. Initial 

inspections for well production 

facilities constructed on or after June 30, 

2018 must be conducted no sooner than 

15 days and no later than 30 days after 

the facility commences operation. 

Monitoring components is not required 

under certain safety, accessibility, and 

feasibility circumstances described in 

Sections XII.L3.a. through c. 

Section XII.L.4. establishes thresholds 

for leaks requiring repair under Section 

XII.L.5. The first attempt to repair an 

identified leak must be made within five 

working days of discovery and 

completed within 30 days unless one of 

the justifications for delay of repair in 

Sections XII.L.5.a(i) through (iii) 

applies. Leaks must be re-monitored 

within 15 working days of the repair. 

Section XII.L.6. requires owners or 

operators to keep records to demonstrate 

compliance with the LDAR program and 

to maintain those records for a 

minimum of five years. Records include 

documentation of the initial approved 

AIMM inspection; facility identification 

information; leaks requiring repair and 

monitoring method used to determine 

presence of the leak; dates of first 

attempt to repair; dates and types of 

repairs; delayed repair lists; remonitoring dates and results; and lists 

of components designated as unsafe, 

difficult, or inaccessible to monitor. 

Section XII.L.7. requires that each 

facility’s owner or operator submit an 

annual LDAR report to ensure that the 

data submitted to the Division 

accurately represents and summarizes 

the activities and effectiveness of the 

LDAR program. Reports should include 

the number of inspections, leaks 

requiring repair, leaking component 

type, and monitoring method by which 

the leaks were found. 

Section XII.L.8. describes the process 

for review and approval of alternative 

AIMM for use as a part of the LDAR 

program. The provisions allow the use 

of an alternative AIMM in lieu of or in 

combination with the EPA-approved 

AIMM (i.e., infra-red cameras or Method 

21), if certain conditions are met under 

Section XII.L.8.a. and if the Division 

approves the proposal. 

Because the alternative AIMM 

regulation allows the authorization, 

outside of the SIP approval process, of 

a leak detection method not specified in 

the submitted regulatory language or 

elsewhere in the SIP, we must consider 

whether it impermissibly allows the 

state agency to revise the SIP at its own 

discretion. Concerns with such rules, 

often known as ‘‘director’s discretion’’ 

provisions, are discussed in detail in 

EPA’s 2015 final rule responding to a 

petition for rulemaking concerning how 

SIPs treat excess emissions during 

periods of startup, shutdown, or 

malfunction (SSM), often referred to as 

the ‘‘SSM SIP Call’’ rulemaking.49 As 

explained in the SSM SIP Call, the EPA 

interprets the CAA as prohibiting ‘‘SIP 

provisions that include unlimited 

director’s discretion to alter the SIP 

emission limitations applicable to 

source.’’ 50 But the SSM SIP Call also 

explains that there are circumstances in 

which a director’s discretion provision 

may be consistent with the CAA and 

fully approvable, including ‘‘when the 

director’s discretion authority is 

adequately bounded such that the EPA 

can ascertain in advance, at the time of 

approving the SIP provision, how the 

exercise of that discretion to alter the 

SIP emission limitations for a source 

could affect compliance with other CAA 

requirements.’’ 51 The EPA has long 

held this position. As explained in a 

1996 EPA guidance document, it may be 

appropriate for states to approve equally 

stringent source-specific alternatives to 

SIP-approved requirements, when the 

SIP includes language ‘‘to provide 

substantive criteria governing the State’s 

exercise of the alternative requirement 

authority.’’ 52

Here, the EPA’s view is that the State 

rule provides sufficient specific, 

substantive criteria to allow the EPA to 

evaluate the use of discretion in 

advance. Most significantly, under the 

provisions of Section XII.L.8, alternative 

AIMM must be ‘‘capable of achieving 

emission reductions that are at least as 

effective as the emissions reductions 

achieved using an IR camera or Method 

21.’’ This requirement ensures that the 

State may not use its discretion to 

approve a method that is less effective 

than the SIP baseline.53 That is, in 

implementing the alternative AIMM 

program according to its requirements, 

which we are proposing to make a part 

of the SIP, the State will be unable to 

weaken any SIP provisions. 


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54See Alternative AIMM Guidance & Procedures 

(CDPHE, Oct. 31, 2019) (EPA–R08–OAR–2021– 

0262–0003). 

55See Alternative AIMM Guidance at 6. 

56 In this respect the state’s guidance, provided to 

EPA to assist in explaining the functioning of the 

state program, clarifies one arguable ambiguity in 

the submitted language. Specifically, the comma 

after ‘‘data’’ in XII.L.8.a.(ii)(I) leaves unclear 

whether the rule requires data or modeling, or data 

and modeling; the state’s guidance makes clear that 

‘‘and’’ is intended when it says that modeling 

should not be relied on exclusively for this 

demonstration, but that there should be testing as 

well. See also Letter from Garry Kaufman, Director, 

Air Pollution Control Division (March 24, 2021) 

providing clarifying information, available in the 

docket for this action. 

57 86 FR 11125. 

It is important in reaching this 

conclusion that we are able to 

understand the State’s process for 

determining whether an alternative 

AIMM is ‘‘at least as effective’’ as the 

two methods specified in the SIP. First, 

under the submitted rules at Section 

XII.L.8.a.(ii)(C), an alternative AIMM 

applicant must provide information on 

whether the proposed alternative is 

approved by other regulatory 

authorities, and for what application. 

This information will allow the State to 

assess the reliability and viability of the 

alternative. In addition, under Section 

XII.L.8.a.(ii)(D), the applicant must 

provide information, with supporting 

data, on the leak detection capabilities 

and limitations of the proposed 

alternative method. This data 

requirement is important to ensuring 

that the potential exercise of discretion 

in the alternative AIMM program is 

adequately bounded. 

The State has further explained this 

process in a guidance document 

provided to the EPA.54 As explained in 

this document, in evaluating 

effectiveness, Colorado assumes that a 

certain level of emission reductions 

would be achieved using either infrared 

camera or Method 21 AIMM, on a 

periodic basis with increasing emission 

reductions under greater monitoring 

frequencies, and compares the 

anticipated results of the proposed 

alternative AIMM to those numbers.55

Testing and modeling of the alternative 

AIMM is required.56 Thus, the State’s 

program includes a quantitative 

evaluation according to specified 

criteria. 

Additional safeguards and constraints 

in the alternative AIMM process 

include: 

• The Alternative AIMM approval has 

to be made based on a record. 

• The State must provide public 

notice of the proposed alternative. 

• Approved alternative AIMM is 

made available to the public on a state 

website: https://cdphe.colorado.gov/ 

alternative-aimm-public-notices. 

One final feature of the State’s 

alternative AIMM rule bears 

mentioning. It includes a requirement 

that the State agency submit the 

proposed alternative AIMM to the EPA 

for review. The alternative AIMM must 

receive the EPA’s approval, but this 

approval may occur by default if the 

EPA does not disapprove the rule 

within six months. While this six-month 

EPA review period gives an additional 

opportunity for regulatory scrutiny of 

alternative AIMM proposals before 

approval, it is not equivalent to the SIP 

process, and is not the basis for our 

proposed approval of this action. 

Rather, it is because the alternative 

AIMM rules provide substantive criteria 

that constrain the State’s exercise of 

discretion and allow the EPA to 

anticipate the impacts of the use of 

alternatives. For that reason, and as 

explained further above, we propose to 

approve the submitted new section 

XII.L. 

A detailed evaluation of Section XII as 

a whole is in the TSD for this action. We 

propose to find that the submitted 

revisions to Section XII meet CAA and 

RACT requirements, and that they 

strengthen the SIP. 

c. Section XVIII 

Section XVIII regulates emissions 

from natural gas-actuated pneumatic 

controllers located at or upstream of 

natural gas processing plants, and 

establishes RACT requirements for oil 

and gas operations. Section XVIII.C.1. 

requires that all pneumatic controllers 

installed on or before February 1, 2009 

upstream of natural gas processing 

plants in the DMNFR Area must emit 

natural gas emissions in an amount 

equal to or less than a low-bleed 

pneumatic controller, unless a highbleed pneumatic controller is required 

for safety or process purposes. Section 

XVIII.C.2. requires that all pneumatic 

controllers at natural gas processing 

plants have a bleed rate of zero unless 

a pneumatic controller with a bleed rate 

greater than zero is necessary due to 

safety and process. Monitoring and 

recordkeeping requirements are set forth 

in Sections XVIII.D. and XVIII.E. and 

include inspection, maintenance, and 

records demonstrating compliance with 

emission reduction requirements in 

Section XVIII.C. Section XVIII.D.2. 

establishes additional monitoring and 

maintenance for pneumatic controllers 

with a natural gas bleed rate greater than 

zero. 

A detailed evaluation of Section XVIII 

is in the TSD for this action. We propose 

to find that the revisions to Section 

XVIII strengthen the SIP and meet CAA 

and RACT requirements. We therefore 

propose to approve the changes in 

Section XVIII. 

2. May 8, 2019 Submittal 

The State’s May 8, 2019 submittal 

contains typographical, grammatical, 

and formatting corrections to Reg. 7 

Sections XII and XVIII that were not 

acted on in our February 24, 2021 

action.57 The revisions do not change 

the substance of approved SIP 

provisions. We therefore propose to 

approve the revisions in Sections XII 

and XVIII. 

3. May 13, 2020 SIP Submittal 

The State’s May 13, 2020 SIP 

submittal contains amendments to Reg. 

7, including a full reorganization of the 

regulation into Parts A–E. Table 4 show 

the current Reg. 7 numbering as related 

to the proposed Reg. 7 renumbering. 

TABLE 4—CURRENT AND REORGANIZED REG. 7 SECTIONS

Current Reg. 7 sections Reorganized Reg. 7 sections 

Part A 

I. Applicability .................................................................................................................................. Part A, Section I. 

II. General Provisions ...................................................................................................................... Part A, Section II. 

Appendix A. Colorado Ozone Nonattainment or Attainment Maintenance Areas .......................... Part A, Appendix A. 

Part B 

III. General Requirements for Storage and Transfer of Volatile Organic Compounds .................. Part B, Section I. 

IV. Storage of Highly Volatile Organic Compounds ........................................................................ Part B, Section II. 


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TABLE 4—CURRENT AND REORGANIZED REG. 7 SECTIONS—Continued 

Current Reg. 7 sections Reorganized Reg. 7 sections 

V. Disposal of Volatile Organic Compounds ................................................................................... Part B, Section III. 

VI. Storage and Transfer of Petroleum Liquids .............................................................................. Part B, Section IV. 

VII. Crude Oil .................................................................................................................................. Part B, Section V. 

VIII. Petroleum Processing and Refining ........................................................................................ Part B, Section VI. 

XV. Control of Volatile Organic Compound Leaks from Vapor Collection Systems and Vapor 

Control Systems Located at Gasoline Terminals, Gasoline Bulk Plants, and Gasoline Dispensing Facilities.

Part B, Section VII. 

Appendix B. Criteria for Control of Vapors from Gasoline Transfer to Storage Tanks .................. Part B, Appendix B. 

Appendix C. Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants (Vapor Balance System).Part B, Appendix C. 

Appendix E. Test Procedures for Annual Pressure/Vacuum Testing of Gasoline Transport 

Tanks.

Removed (paragraphs B and E moved into 

section, and references replaced with EPA 

Method 27). 

Part C 

IX. Surface Coating Operations ...................................................................................................... Part C, Section I. 

X. Use of Cleaning Solvents ........................................................................................................... Part C, Section II. 

XI. Use of Cutback Asphalt ............................................................................................................. Part C, Section III. 

XIII. Graphic Arts and Printing ........................................................................................................ Part C, Section IV. 

XIV. Pharmaceutical Synthesis ....................................................................................................... Part C, Section V. 

Appendix D. Minimum Cooling Capacities for Refrigerated Freeboard Chillers on Vapor 

Degreasers.

Part C, Appendix D. 

Appendix F. Emission Limit Conversion Procedure ....................................................................... Part C, Appendix E. 

Part D 

XII. Volatile Organic Compound Emissions from Oil and Gas Operations .................................... Part D, Section I. 

XVII. (State Only, except Section XVII.E.3.a.,which was submitted as part of the Regional Haze 

SIP) Statewide Controls for Oil and Gas Operations and Natural Gas-Fired Reciprocating Internal Combustion Engines.

Part D, Section II. 

Part E 

XVI.A.–C. (natural gas fired reciprocating internal combustion engines in the 8-hour ozone control area) and XVII.E. (new, modified, existing, and relocated natural gas fired reciprocating 

internal combustion engines).

Part E, Section I. 

XVI.D. Control of Emissions from Stationary and Portable Combustion Equipment in the 8-Hour 

Ozone Control Area.

Part E, Section II. 

XIX. Control of Emissions from Specific Major Sources of VOC and/or NOX in the 8-Hour 

Ozone Control Area.

Part E, Section III. 

XX. Control of Emissions from Breweries in the 8-Hour Ozone Control Area ............................... Part E, Section IV. 

The State’s May 13, 2020 SIP 

submittal also updates requirements for 

gasoline transport trucks, bulk 

terminals, and service stations; 

establishes a storage tank control 

threshold in lieu of the current systemwide control strategy; strengthens 

storage tank monitoring requirements; 

aligns related recordkeeping and 

reporting; and adds RACT requirements 

for major sources of VOC and/or NOx in 

the 8- hour Ozone Control Area. The 

submittal also includes clarifying 

revisions and typographical, 

grammatical and formatting corrections 

throughout Reg. 7. We propose to 

approve the revisions to Reg. 7 included 

in Colorado’s May 13, 2020 submittal as 

identified in Table 5. Below, we 

describe in detail Colorado’s proposed 

revisions and the basis for our proposed 

approval of them. Additional analysis 

on how revisions meet RACT 

requirements can be found in the TSD 

for this action. 

a. Part A 

The revisions add a new Part A 

heading, encompassing Sections I and 

II. Part A contains applicability and 

general provisions for Reg. 7. The 

revisions also include renumbering and 

updates to Parts and Sections referenced 

throughout Part A. The revisions do not 

change the substance of SIP approved 

rules. We therefore propose approval of 

the changes to Part A. 

b. Part B 

The revisions add a new Part B 

heading for Sections I, II, III, IV, V, VI, 

VII (previously Reg. 7, Sections III 

through XV). and appendixes B and C. 

Part B regulates the storage, transfer, 

and disposal of VOC and petroleum 

liquids and petroleum processing and 

refining. The revisions to Reg. 7, Part B, 

Sections IV and VII update the gasoline 

transport truck testing and associated 

recordkeeping requirements and update 

and clarify the vapor system 

requirements. Revisions also include 

renumbering and updates to Parts and 

Sections referenced throughout Part B. 

Section IV (previously Section VI) 

regulates the storage and transfer of 

petroleum liquid, and Section VII 

(previously Section XV) regulates VOC 

leaks from vapor collection systems 

located at gasoline terminals, gasoline 

bulk plans, and gasoline dispensing 

facilities. Revisions to Sections IV and 

VII and the removal of the former 

Appendix E update requirements for 

gasoline transport trucks, bulk 

terminals, and service stations to align 

with current federal requirements for 

gasoline transport truck testing and 

vapor control systems. Section IV.A.2.j. 

adds a new definition for ‘‘vapor 

collection system.’’ The definition is 

clear, straightforward, accurate, and 


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58Control of Volatile Organic Compound Leaks 

from Gasoline Tank Trucks and Vapor Collection 

Systems, Appendix A, EPA–450/2–78–051. Dec. 

1978. 

59See also 40 CFR 63.425(e). 

60Standards of Performance for Bulk Gasoline 

Terminals (40 CFR part 60, subpart XX (August 18, 

1983, last revised December 19, 2003)). 

61National Emission Standards for Gasoline 

Distribution Facilities (Bulk Gasoline Terminals 

and Pipeline Breakout Stations) (40 CFR part 63 

Subpart R (December 14, 1994, last revised April 6, 

2006)). 

62National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline 

Distribution Bulk Terminals, Bulk Plants, and 

Pipeline Facilities (40 CFR part 63, subpart 

BBBBBB (January 10, 2008, last revised January 24, 

2011)). 

63National Emission Standards for Hazardous Air 

Pollutants for Source Category: Gasoline Dispensing 

Facilities (40 CFR part 63, subpart CCCCCC 

(January 10, 2008, last revised January 24, 2011)). 

64Parts of the submission, including all of new 

Sections IV and V, are State Only requirements. We 

therefore will not be acting on these Sections. The 

State Only provisions are excluded from the list of 

provisions that we are acting on in Table 5. 

consistent with the definition in 

Sections IV.D.1.b.(ii) and VII.A.3.c. 

Revisions made in Section IV.B.3. 

clarify that vapor collection systems 

must be leak-tight and properly 

maintained and operated. 

Section IV.D. regulates VOC leaks 

from gasoline transport trucks. Revision 

to Sections IV.D.2 and IV.D.3. replace 

the outdated vacuum-pressure test in 

the CTG for Control of Volatile Organic 

Compound Leaks from Gasoline Tank 

Trucks and Vapor Collection Systems 58

with the more current EPA Method 27.59

Federal standards in NSPS XX 60, 

NESHAP R61, NESHAP BBBBBB62, and 

NESHAP CCCCCC63 reference the 

EPA’s Method 27, Determination of 

Vapor Tightness of Gasoline Delivery 

Tank Using Pressure Vacuum Test, in 

contrast to the CTG’s pressure-vacuum 

test. The test values in Reg. 7 Section 

IV.D.4 were also updated and are based 

on the EPA’s CTG and correspond to the 

EPA Method 27 test values in NSPS XX, 

NESHAP R, NESHAP BBBBBB, and 

NESHAP CCCCCC. Recordkeeping and 

certification requirements in Section 

IV.D.4. were updated to correspond to 

the EPA’s Method 27 and federal 

standards. 

Under CAA section 110(l), the EPA 

cannot approve a SIP revision that 

interferes with any requirement 

concerning attainment, reasonable 

further progress, or any other applicable 

requirement of the Act. We propose to 

find that the revisions to Section IV.D. 

comply with section 110(l) because the 

revisions are limited to updating the 

pressure vacuum test and values to be 

consistent with more recent EPA 

regulations for gasoline tank trucks and 

vapor collection systems, and the 

changes do not weaken the SIP. 

We propose to find that the revisions 

in Part B are consistent with gasoline 

transport truck, terminal, and service 

station control and testing requirements 

of current NSPS and NESHAP standards 

and that approval of the submittal 

would comply with CAA Sections 110(l) 

and 193. We therefore propose to 

approve the revisions in Part B. 

c. Part C 

The revisions add a new Part C 

heading encompassing Sections I, II, III, 

IV, V (previously Reg. 7, Sections IX–XI, 

XIII, XIV) and appendixes D and E 

(formerly appendixes D and F). Part C 

regulates surface coating, solvents, 

asphalt, graphic arts and printing, and 

pharmaceuticals. The revisions also 

include renumbering and updates to 

Parts and Sections referenced 

throughout Part C, and adds a new 

categorical rule regulating VOC 

emissions from and establishing RACT 

for general solvent use in Section II.F. 

Section II.F. addresses VOC emissions 

from sources with a potential to emit 50 

tons per year of VOC and with solvent 

use emissions greater than or equal to 

two tons per year in the DMNFR Area. 

Section II.F.3. sets forth work practice 

requirements including covering 

containers, proper disposal of solvent 

waste, and the use of good air pollution 

practices such as the use of low/no VOC 

solvent if possible, using only amounts 

needed, submerged fill pipes, closed 

loop systems, and maintaining 

operations to be leak free. Section II.F.4. 

requires operations that use solvents 

with uncontrolled actual VOC emissions 

greater than or equal to 25 tons per year 

to reduce emissions by 90%. Sections 

II.F.5. and 6. set forth monitoring and 

recordkeeping requirements. Records 

must be maintained for a minimum of 

two years. Sources subject to Section 

II.F.4. requirements are also subject to 

additional control requirements, 

monitoring, performance testing, and 

recordkeeping requirements for general 

solvent use operations. 

We propose to find that the provisions 

meet CAA and RACT requirements, and 

that they strengthen the SIP. We 

therefore propose to approve the 

changes in Part C. 

d. Part D 

The revisions add a new Part D. 

heading for Sections I, II, and III 

(previously Reg. 7, Sections XII, XVII, 

and XVIII), and new Sections IV and 

V.64 Part D regulates oil and natural gas 

operations. The revisions also include 

renumbering and updates to Parts and 

Sections referenced throughout Part D, 

establishing a storage tank control 

threshold in lieu of the current systemwide control strategy, strengthening 

storage tank monitoring requirements, 

aligning related recordkeeping and 

reporting, and other SIP cleanup and 

strengthening measures. 

(i) Section I.A. 

Section I.A. contains applicability 

provisions for Part D. The revisions to 

Section I.A. streamline and clarify 

sources subject to Part D and remove the 

exemption associated with the systemwide control program for owners or 

operators of condensate tanks with total 

actual uncontrolled VOC emissions less 

than 30 tpy (previously Section 

XII.A.7.). 

(ii) Sections I.B. and I.C. 

Section I.B. contains definitions 

applicable to Part D. A new definition 

for ‘‘commencement of operation’’ was 

added for consistency with Regulation 

Number 3 and for clarity as to the 

applicability of other control 

requirements. New definitions for 

‘‘intermediate hydrocarbon liquid,’’ 

‘‘produced water,’’ ‘‘storage tank,’’ and 

‘‘storage vessel’’ were also added. The 

definitions are clear, straightforward, 

accurate. 

Section I.C. contains general 

provisions for Part D. Section I.C.2. 

specifies how operators must calculate 

emissions and emission reductions to 

demonstrate compliance with control 

requirements. The revisions in Section 

I.C.2.a.(iv) expand current provisions to 

tanks storing produced water or 

hydrocarbon liquids other than 

condensate. 

(iii) 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 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 


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65See pp. 592–593 of the May 13, 2020 submittal. 

66See p. 591 of the May 13, 2020 submission. 

67The revisions to Sections II.A.1.b., II.A.4.a.(iii) 

and (iv), II.A.6.a.(ii), and II.A.6.b.(viii)(B) include 

the placeholder language [EFFECTIVE DATE OF 

THE RECLASSIFICATION] because the 

Commission approved the revisions before the EPA 

finalized reclassification of the DMNFR Area to 

Serious. The EPA finalized its reclassification of the 

Area on December 26, 2019. See Final rule, Finding 

of Failure To Attain and Reclassification of Denver 

Area for the 2008 Ozone National Ambient Air 

Quality Standard, 84 FR 70897. 

68Final Rule, Finding of Failure To Attain and 

Reclassification of Denver Area for the 2008 Ozone 

National Ambient Air Quality Standard, 84 FR 

70897, 70900 (Dec. 26, 2019). 

result in more tanks being controlled.65

Section I.D.3.a.(i) requires that storage 

tanks with uncontrolled actual 

emissions of VOC equal to or greater 

than four tons per year 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 Clean Air Act, Section 110(l).66

Colorado also submitted a provision 

for inclusion in the SIP that was 

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

requires that that operators of newly 

constructed tanks employ controls 

during the first 90 days after the date of 

first production. The provision is 

proposed for inclusion in the SIP 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. 

(iv) 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. 

(v) 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. 

(vi) Section I.L. 

Section I.L. contains provisions for 

the DMNFR Area leak detection and 

repair program. Sections I.L.2.a. and 

I.L.2.b. revised language clarifies that 

applicability for leak inspections at well 

production facilities are based on rolling 

twelve-month emission totals and not a 

calendar year basis. 

(vii) Section II 

Section II contains statewide controls 

for oil and gas operations. The majority 

of Section II consists of State Only 

requirements. However, the 

Commission submitted previous State 

Only revisions for inclusion in the SIP 

to Section II.C.1.b.(ii), which requires 

that operators of newly constructed 

tanks employ controls within 90 days of 

commencement of operation. Previous 

State Only requirements in Section II.G. 

were also submitted for inclusion in 

Colorado’s SIP. The provisions require 

control of emissions coming off a 

separator after a well is newly 

constructed, hydraulically fractured, or 

recompleted. These emissions must be 

routed to a gas gathering line or 

controlled by air pollution control 

equipment. The provisions were 

submitted for inclusion in the SIP to 

clarify permitting compliance 

requirements in Reg. 3. 

We propose to find that the revisions 

to Part D meet CAA and RACT 

requirements, and that they strengthen 

the SIP. We therefore propose to 

approve the changes in Part C. 

e. Part E 

The revisions add a new Part E 

heading for Sections I, II, III, and IV 

(previously Reg 7, Sections XVI, XIX, 

and XX). Part E regulates emissions 

from combustion equipment at major 

sources of RACT. The revisions also 

include renumbering and updates to 

Parts and Sections referenced 

throughout Part E, add RACT 

requirements in Colorado’s ozone SIP 

for 50 tpy major sources of VOC and/or 

NOX, and other cleanup and 

strengthening measures.67

(i) Section II 

Section II provisions control 

emissions from stationary and portable 

combustion equipment in the DMNFR 

area. Section II.A.1.b. expands the 

applicability of Section II requirements 

to stationary combustion equipment at 

major sources of NOX as of January 27, 

2020. New definitions were added in 

Section II.A.3. for ‘‘ceramic kiln,’’ 

‘‘dryer,’’ and ‘‘furnace’’ to support the 

expanded combustion adjustment 

requirements in Section II.A.6. The 

definitions are clear, straightforward, 

and accurate. 

Owners or operators of combustion 

equipment specified in Section II.A.1.b. 

must comply with emission limits in 

Section II.A.4. by July 20, 2021. This 

date is consistent with the EPA’s 

implementation deadline for RACT 

measures not tied to attainment.68 New 

Sections II.A.4.a.(iii) expands emission 

limits requirements for boilers over 100 

MMBtu/hr larger boilers and Section 

II.A.4.a.(iv) adds emission limits for 

boilers between 50 and 100 MMBtu/hr 

located at sources greater than or equal 

to 50 tpy of NOX. Applicability of 

combustion process adjustment 

requirements in Section II.A.6. was 

expanded to include individual pieces 

of combustion equipment at major 

sources of NOX under a Serious 

classification. The requirements of 

Section II.A.6.a.(ii) apply to boilers, 

duct burners, process heaters, stationary 

combustion turbines, stationary 


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69Revised Section III.B.4. 

70See March 1, 2021 email and attached letter 

from Colorado on ‘‘Revised Pneumatics SIP 

Revisions Justification’’ and May 3, 2021 email from 

Leah Martland, Colorado Air Pollution Control 

Division (contained within the docket). The 

definition for ‘‘enhanced response’’ is in reference 

to the State Only pneumatics find and fix program 

and thus not applicable to SIP provisions. 

reciprocating internal combustion 

engines, dryers, furnaces, and ceramic 

kilns that have uncontrolled actual NOX

emissions equal to or greater than five 

tpy that existed at major sources of NOX

as January 27, 2020. Sections II.A.6.(v)– 

(vii) expand combustion process 

adjustment requirements to dryers, 

furnaces, and ceramic kilns. Sections 

II.A.6.b.(viii)(A)–(C) clarify and expand 

combustion adjustment frequency 

requirements, including dates for initial 

combustion process adjustments. 

We propose to find that the revisions 

to Section II are consistent with CAA 

requirements, and that they strengthen 

the SIP. 

(ii) Section III 

Section III provisions control 

emissions from specific major sources of 

VOC and/or NOX in the DMNFR area. 

Section III.B.1. establishes emission 

limits and associated monitoring, 

recordkeeping, and reporting (MRR) 

requirements for stationary internal 

combustion engines at certain major 

sources to meet RACT. Section III.B.2. 

sets forth flare requirements and Section 

III.B.3. establishes MRR requirements 

for specific emission points at certain 

major sources to meet RACT. Section 

III.B.4. requires certain major sources to 

submit RACT analyses to the Division. 

We propose to find that the revisions to 

Sections III.B.1. through 4. strengthen 

the SIP and meet CAA requirements. We 

also propose to find that Sections III.B.1. 

through 2. establishes RACT 

requirements for certain major sources 

by incorporating federal regulations. 

We propose to find that the revisions 

to Part E are consistent with CAA 

requirements, and that they strengthen 

the SIP. We therefore propose to 

approve the changes in Part E. 

VII. Proposed Action 

For the reasons expressed above, the 

EPA proposes to approve revisions to 

Sections II, XII, and XVIII of Reg. 7 from 

the State’s May 14, 2018 and May 8, 

2019 submittals and Parts A through E 

from the State’s May 13, 2020 

submission as shown in Table 5, except 

for those revisions we are not acting on 

as represented in Table 6. We are 

proposing to approve Colorado’s 

determination that the above rules 

constitute RACT for the specific 

categories addressed in Tables 2 and 3. 

A comprehensive summary of the 

revisions in Colorado’s Reg. 7 organized 

by the EPA’s proposed rule action, 

reason for proposed ‘‘no action’’ and 

submittal date are provided in Tables 5 

and 6. 

TABLE 5—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA PROPOSES TO APPROVE

Revised sections in May 14, 2018, May 8, 2019 and May 13, 2020 submittals proposed for approval 

May 14, 2018 Submittal: 

II.B, XII.A.2, XII.B.1.-XII.B.3., XII.B.6–XII.B.13, XII.B.16–XII.B.21., XII.B.25., XII.C.1.d.-XII.C.1.e., XII.C.1.e.(iv), XII.D., XII.F., XII.F.3.a.(i)- 

XII.F.3.a.(x), XII.F.5., XII.G., XII.G.1., XII.G.3., XII.G.4., XII.H.3., XII.H.6.a., XII.I., XII.J., XII.J.1, XII.J.1.a.-j., XII.J.2., XII.J.2.a.-e., XII.K., 

XII.K.1., XII.K.2., XII.K.2.a.-h(iv), XII.K.3., XII.K.3.a., XII.K.a.(i)-(vi), XII.K.4., XII.K.5., XII.L., XII.L.1., XII.L.1.a.-b., XII.L.2., XII.L.2.a.-d., 

XII.L.3., XII.L.3.a.-c., XII.L.4., XII.L.4.a.-e., XII.L.5., XII.L.5.a.-c., XII.L.6., XII.L.6.a.-i., XII.L.7., XII.L.7.a.-g., XII.L.8., XII.L.8.a., XII.L.8.a.(i)- 

(ii), XII.L.8.a.(ii)(A)-(I), XII.L.8.a.(iii), XII.L.8.a.(iv), XII.L.8.a.(v), XVIII, XVIII.B.1..-B.3., XVIII.B.5.-11., XVIII.C.-XVIII.C.2.c.(ii), XVIII.D.- 

XVIII.D.2.b., and XVIII.E.-XVIII.E.2.c. 

May 8, 2019 Submittal: 

XII.B.12., XII.B.13., XII.B.20., XIII.G.3., XII.J.1.j., XII.J.2.e., XII.K.5., XVIII.B.1., XVIII.B.5., XVIII.B.7.-9., and XVIII.D.1.b. 

May 13, 2020 Submittal: 

Outline of Regulation, PART A, I.A.1.c., I.B.1.c., I.B.2.h., II.B., PART B, I.-I.C., II.—B., III.-III.B., IV.- IV.D.4.e., V.-V.C., VI.- VI.C.4.c.(ii), VII.- 

VII.B.2.b., Appendix B, V., VIII., Appendix C, PART C, I.- I.O.5.a.(v), II.- II.F.6.j., III.- III.B.3.b., IV- IV.B.5.c.(iii)(B), V.-V.C.1., Appendix D 

(renumbering), PART D, I.-I.B.27., I.B.29.-I.C.e., I.C.1.e.(iii)-(iv), I.C.2.- I.C.2.a.(v), I.D.- I.D.3.a.(i), I.D.3.b.- I.D.3.b.(iii), 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.- I.E.2.c.(ii), I.E.2.c.(iv)- I.E.2.c.(viii), I.F.-I.F.1.d., .I.F.1.g.-I.F.1.g.(xii), I.F.1.h.- I.F.2.a., I.F.2.c.- 

I.F.2.c.(vi), I.F.3., I.F.3.a., I.F.3.c.- I.F.3.c.(i)(C), I.G.-I.H.1., I.H.3.-I.L.8.a.(v)., II.C., II.C.1., II.C.1.b.(ii)-(B), II.F, III.-III.B.3., III.B.5., III.B.7.- 

III.C.2.c.(ii), III.D.-III.D.2.b., III.D.3.b., III.E.-III.E.2.c., PART E, I.-I.D., I.D.3.-I.D.3.a.(ii), II.-II.A.4.b., II.A.4.b.(ii)-II.A.4.c., II.A.4.e.-II.A.8.b.(i), 

III.-III.B.4.n., IV.-IV.A.7.c. 

TABLE 6—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS PROPOSING TO TAKE NO ACTION ON

Revised sections Reason for proposed ‘‘no action’’ 

May 14, 2018 Submittal: 

XII.A.1., XII.A.1.c., XII.A.1.d.(ii), XII.A.2.-7., XII.B., XII.B.4.-5., XII.B.12.-14., XII.B.22.-24., 

XII.C., XII.C.1.a., XII.C.1.e.(i)-(ii), XII.C.1.f.-(ii), XII.D., XII.D.1., XII.D.2.a.-(i), 

XII.D.2.a.(vi)-(vii), XII.E., XII.E.2.c., XII.F., XII.F.4..

Superseded by May 13, 2020 submittal. 

May 14, 2018 Submittal: 

XVIII.B.4 69 ............................................................................................................................... State requested this be ‘‘state only’’ definition.70

May 13, 2020 submittal: 

II.A.4.d.-(i) ................................................................................................................................ Provision not previously approved in the SIP. 

VIII. 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 vial 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


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules 32669 

INFORMATION CONTACT section of this 

preamble for more information). 

IX. 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.); 

• 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); and 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. 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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 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. We are proposing to 

approve state rules as meeting the CAA 

standard for RACT, which 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. Accordingly, we 

propose to determine that this rule, if 

finalized, will not have 

disproportionately high or adverse 

human health or environmental effects 

on minority or low-income populations. 

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: June 11, 2021. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–12875 Filed 6–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 15, 25, 27 and 101 

[WT Docket No. 20–443, GN Docket No. 17– 

183; DA 21–649; FR ID 32905] 

Expanding Flexible Use of the 12.2– 

12.7 GHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule, extension of 

reply comment period. 

SUMMARY: In this document, the 

Commission grants the request by 

SpaceX Holdings, LLC, WorldVu 

Satellites Limited, Kepler 

Communications, Intelsat License LLC, 

and SES S.A., for an extension of the 

reply comment deadline for the 

proposed rule published in the Federal 

Register. 

DATES: The reply comment period for 

the proposed rule published April 16, 

2021, at 86 FR 20111, is extended. Reply 

comments should be received either on 

or before July 7, 2021. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 20–443 

and GN Docket No. 17–183, by any of 

the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

• During the time the Commission’s 

building is closed to the general public 

and until further notice, if more than 

one docket or rulemaking number 

appears in the caption of a proceeding, 

paper filers need not submit two 

additional copies for each additional 

docket or rulemaking number; an 

original and one copy are sufficient. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

FOR FURTHER INFORMATION CONTACT: 

Madelaine Maior of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1466 

or Madelaine.Maior@fcc.gov; or Simon 

Banyai of the Wireless 

Telecommunications Bureau, 

Broadband Division, at 202–418–1443 

or Simon.Banyai@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Order in 


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