29228 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 1.2. 

■ 2. In § 165.506, amend table 3 to 

paragraph (h)(3) by adding entries 12 

and 13 to read as follows: 

§ 165.506 Safety Zones; Fireworks 

Displays in the Fifth Coast Guard District. 

* * * * * 

(h) * * * 

(3) * * * 

TABLE 3 TO PARAGRAPH (h)(3) 

*******

12 ....... July—3rd or 4th Saturday .......... John H. Kerr Reservoir, Clarksville, VA; Safety Zone.All waters of John H. Kerr Reservoir within a 400-yard radius of 

approximate position latitude 36°37′51′′ N, longitude 

078°32′50′′ W, located near the center span of the State 

Route 15 Highway Bridge. 

13 ....... June—first or second Saturday 

or Sunday.

Elizabeth River, Town Point 

Reach, Norfolk, VA; Safety 

Zone.

All waters of the Elizabeth River, Town Point Reach within a 

500-yard radius of approximate position of the fireworks barge 

latitude 36°50′41′′ N, longitude 076°17′47′′ W, in vicinity of 

Town Point Park in Norfolk, VA. 

* * * * * 

Dated: May 9, 2022. 

L.M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2022–10345 Filed 5–12–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0377] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Military Ocean Terminal Concord, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone in the navigable waters 

of Suisun Bay, off Concord, CA, in 

support of explosive on-loading to 

Military Ocean Terminal Concord 

(MOTCO) from May 12, 2022 through 

May 16, 2022. This safety zone is 

necessary to protect personnel, vessels, 

and the marine environment from 

potential explosion within the explosive 

arc. The safety zone is open to all 

persons and vessels for transitory use, 

but vessel operators desiring to anchor 

or otherwise loiter within the safety 

zone must obtain the permission of the 

Captain of the Port San Francisco or a 

designated representative. All persons 

and vessels operating within the safety 

zone must comply with all directions 

given to them by the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on May 12, 2022 until 11:59 p.m. 

on May 16, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Junior Grade William 

Harris, Coast Guard Sector San 

Francisco, Waterways Management 

Division, 415–399–7443, SFWaterways@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on May 

12, 2022 until 11:59 p.m. on May 16, 

2022, or as announced via marine local 

broadcasts. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from potential 

explosion within the explosive arc. The 

regulation for this safety zone, 

§ 165.1198, specifies the location of the 

safety zone which encompasses the 

navigable waters in the area between 

500 yards of MOTCO Pier 2 in position 

38°03′30′′ N, 122°01′14′′ W and 3,000 

yards of the pier. During the 

enforcement periods, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 

Dated: May 6, 2022. 

Taylor Q. Lam, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2022–10412 Filed 5–11–22; 11:15 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2021–0931; FRL–9541–02– 

R8] 

Air Plan Conditional Approval; 

Colorado; Revisions to Regulation 

Number 7 and Oil and Natural Gas 

RACT Requirements for 2008 8-Hour 

Ozone Standard for the Denver Metro/ 

North Front Range Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 29229 

1 87 FR 8997. 

2Final 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. 

3Final 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. 

4Final Rule, Approval and Promulgation of 

Implementation Plans; Colorado; Revisions to 

Regulation Number 7; 

Aerospace, Oil and Gas, and Other RACT 

Requirements for the 2008 8-Hour Ozone Standard 

for the Denver Metro/North Front Range 

Nonattainment Area, 86 FR 61071, 61072. 

5Although CAA section 110(k)(4) allows the EPA 

to make a conditional approval based on a 

commitment to act within one year of the final 

conditional approval, Colorado has committed to 

act on a much more accelerated schedule. 

6See CAA section 179(a)(2). 

7See CAA section 110(c)(1)(B). 

SUMMARY: The Environmental Protection 

Agency (EPA) is conditionally 

approving portions of State 

Implementation Plan (SIP) revisions 

submitted by the State of Colorado on 

May 14, 2018 and May 13, 2020. The 

revisions are to Colorado Air Quality 

Control Commission (Commission or 

AQCC) regulations of ozone precursor 

and hydrocarbon emissions from oil and 

gas operations, and address Colorado’s 

SIP obligation to require reasonably 

available control technology (RACT) for 

sources covered by the 2016 oil & 

natural gas control techniques 

guidelines (CTG or CTGs) for Moderate 

nonattainment areas under the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS). These revisions 

address the final pieces of the May 14, 

2018 and May 13, 2020 submittals that 

we have not previously acted on. The 

EPA is taking this action pursuant to the 

Clean Air Act (CAA). 

DATES: This rule is effective June 13, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2021–0931. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6563, 

email address: fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our February 17, 

2022 proposal.1 We proposed to 

conditionally approve various revisions 

to the Colorado SIP that were submitted 

to the EPA in two separate SIP 

submittals, which the EPA received on 

May 14, 2018, and May 13, 2020. In 

particular, we proposed to conditionally 

approve into the SIP certain Reg. 7 rules 

to meet the 2008 8-hour ozone NAAQS 

oil and gas CTG RACT requirements for 

Moderate nonattainment areas that were 

not acted on in our July 3, 2018,2

February 24, 2021,3 and November 5, 

2021 4 rulemakings. The proposal 

describes the background for this action, 

explains the revisions in detail, and the 

explains rationale for the EPA’s 

proposed actions. 

II. Comments 

There were no comments received on 

the proposal. 

III. Final Action 

The EPA is conditionally approving 

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

from the State’s May 14, 2018 submittal 

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

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

2020 submission as shown in Table 1. 

The EPA is conditionally approving 

revisions to Reg. 7, Part D, Sections 

I.E.3. (including subsections (a)(i) 

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

Additionally, the EPA is conditionally 

approving Colorado’s determination that 

Reg. 7, Part D satisfies RACT 

requirements for the Colorado ozone SIP 

for the 2016 oil and natural gas CTG. 

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

EPA may approve a SIP revision based 

on a commitment by a state to adopt 

specific enforceable measures by a date 

certain, but not later than one year after 

the date of approval of the plan revision. 

On October 20, 2021, Colorado 

submitted a letter committing to adopt 

and submit specific revisions by June 

30, 2022.5 Specifically, the State has 

committed to add requirements for 

performance testing of certain 

combustion devices consistent with the 

EPA’s oil and gas CTG by using the 

same frequency, testing protocol, and 

recordkeeping requirements that will 

apply to storage vessels and wet seal 

centrifugal compressors required to be 

controlled under the EPA’s oil and gas 

CTG (i.e., storage vessels that have the 

potential for VOC emissions equal to or 

greater than 6 tpy). Now that we are 

finalizing our conditional approval, 

Colorado must adopt and submit the 

specific revisions it has committed to by 

June 30, 2022 in order for the 

conditional approval to convert to full 

approval. We note that the Colorado 

AQCC adopted the revisions as outlined 

in the commitment letter on December 

17, 2021, and we anticipate that the 

State will meet its deadline to submit 

these measures as SIP revisions. 

However, if Colorado does not comply 

with its commitment by June 30, 2022, 

if we find Colorado’s SIP submission 

provided to fulfill the commitment to be 

incomplete, or if we disapprove the SIP 

submission, this conditional approval 

will convert to a disapproval. If any of 

these occur and our conditional 

approval converts to a disapproval, that 

will constitute a disapproval of a 

required plan element under part D of 

title I of the Act, which will start an 18- 

month clock for sanctions 6 and the twoyear clock for a federal implementation 

plan.7

TABLE 1—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS CONDITIONALLY APPROVING

Revised Sections in May 14, 2018 and May 13, 2020 Submittals for Conditional Approval: 

May 14, 2018 Submittal: 

XII.J.1. 

May 13, 2020 Submittal: 

Part D, Sections I.D.–D.3.a.(i), I.D.3.b.–b.(i), I.D.3.b.(ii), I.D.3.b.(v), I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.–I.E.1.a., I.E.2.–.c.(ii), I.E.2.c.(iv)– 

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


lotter on DSK11XQN23PROD with RULES1
29230 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

8EJSCREEN is an environmental justice mapping 

and screening tool that provides the EPA with a 

nationally consistent dataset and approach for 

combining environmental and demographic 

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

ejscreen/what-ejscreen. 

9 87 FR 8997. 

10 62 FR 27968 (May 22, 1997). 

TABLE 1—LIST OF COLORADO REVISIONS TO REG. 7 THAT THE EPA IS CONDITIONALLY APPROVING—Continued 

Revised Sections from Colorado’s Oct. 20, 2021 Commitment Letter: 

Part D, Sections I.E.3.–a.(iii), I.J.1.g.–h., I.J.1.i., and I.J.1.i.(i)(E)–(F). 

IV. Consideration of Section 110(l) of 

the CAA 

Under section 110(l) of the CAA, the 

EPA cannot approve a SIP revision if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress toward attainment of the 

NAAQS, or any other applicable 

requirement of the Act. In addition, 

section 110(l) requires that each revision 

to an implementation plan submitted by 

a state be adopted by the state after 

reasonable notice and public hearing. 

The Colorado SIP revisions that the 

EPA is conditionally approving do not 

interfere with any applicable 

requirements of the Act. The Reg. 7 

revisions submitted by the State on May 

13, 2018 and May 14, 2020 are intended 

to strengthen the SIP and to serve as 

RACT for certain sources for the 

Colorado ozone SIP. Colorado’s 

submittals provide adequate evidence 

that the revisions were adopted after 

reasonable public notices and hearings. 

Therefore, CAA section 110(l) 

requirements are satisfied. 

V. Environmental Justice 

Considerations 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs federal agencies to 

identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. 

To identify potential environmental 

burdens and susceptible populations in 

the DMNFR area, a screening analysis 

was conducted using the EJScreen 8 tool 

to evaluate environmental and 

demographic indicators within the area, 

based on available data from the Census 

Bureau’s American Community Survey. 

The results of this assessment are 

discussed in detail in our February 17, 

2022 proposal.9

As explained in our February 17, 2022 

proposal, we believe that this action 

will not have disproportionately high or 

adverse human health or environmental 

effects on communities with 

environmental justice concerns, and 

will contribute to the increased 

protection of those residing, working, 

attending school, or otherwise present 

in those areas. 

VI. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text in an EPA final 

rule that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

incorporating by reference Colorado 

AQCC Regulation 7 pertaining to the 

control of ozone via ozone precursors 

and control of hydrocarbons from oil 

and gas emissions. The EPA has made, 

and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of the EPA’s conditional approval, and 

will be incorporated by reference in the 

next update to the SIP compilation.10

VII. 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 approves 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, described in 

the Unfunded Mandates Reform Act of 

1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. The rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 29231 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 12, 2022. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: May 9, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart G—Colorado 

■ 2. Add § 52.319 to subpart G to read 

as follows: 

§ 52.319 Conditional approval. 

(a) The EPA is conditionally 

approving portions of the Colorado SIP 

revisions submitted on May 14, 2018 

and May 13, 2020. The conditional 

approval is based upon the October 20, 

2021 commitment from the State to 

submit a SIP revision consisting of rule 

revisions that will cure the identified 

deficiencies by June 30, 2022. If the 

State fails to meet its commitment, the 

conditional approval will be treated as 

a disapproval with respect to the rules 

and CTG category for which the 

corrections are not met. The following 

are conditionally approved: 

(1) Regulation number 7, Section 

XII.J.1. from the May 14, 2018 submittal 

and Part D, Sections I.D.–D.3.a.(i), 

I.D.3.b.–b.(i), I.D.3.b.(ii), I.D.3.b.(v), 

I.D.3.b.(vii), I.D.3.b.(ix), I.D.4.–I.E.1.a., 

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

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

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

I.J.1.–j. from the May 13, 2020 submittal. 

(2) Colorado’s determination that Reg. 

7, Part D satisfies 2008 ozone NAAQS 

SIP RACT requirements for the 

following category, ‘‘Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry’’ EPA–453/B–16–001, October 

2016. 

(b) [Reserved] 

■ 3. In § 52.320: 

■ a. In the table in paragraph (c), revise 

the entry for ‘‘I. Volatile Organic 

Compound Emissions from Oil and Gas 

Operations’’ under the heading ‘‘5 CCR 

1001–09, Regulation Number 7, Control 

of Ozone Via Ozone Precursors and 

Hydrocarbons via Oil and Gas 

Emissions, (Emissions of Volatile 

Organic Compounds and Nitrogen 

Oxides), Part D, Oil and Natural Gas 

Operations’’; and 

■ b. In the table in paragraph (e), under 

the subheading ‘‘Denver Metropolitan 

Area’’, add an entry for ‘‘Reasonably 

Available Control Technology for the 

2008 8-Hour Ozone National Ambient 

Air Quality Standard (NAAQS) State 

Implementation Plan (RACT SIP)’’ after 

the entry ‘‘2008 Ozone Moderate Area 

Attainment Plan’’. 

The revision and addition read as 

follows: 

§ 52.320 Identification of plan. 

* * * * * 

(c) * * * 

Title 

State 

effective 

date 

EPA 

effective 

date 

Final rule 

citation/date Comments 

*******

5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas Emissions, 

(Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations 

I. Volatile Organic Compound Emissions from 

Oil and Gas Operations.

2/14/2020 6/13/2022 [insert Federal Register 

citation], 5/13/2022.

Previous SIP approval 2/13/2008. Substantive 

changes to Section XII; state-only provisions excluded, approved 7/3/2018. Substantive changes 

approved 11/25/2021 except no action on Sections I.D., I.E., I.F. and I.J.1. Conditional approval 

of Sections I.D., I.E., I.F., and I.J.1. 5/13/2022. 

* * * * * * * 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
29232 Federal Register / Vol. 87, No. 93 / Friday, May 13, 2022 / Rules and Regulations 

1Approval and Promulgation of Implementation 

Plans; Colorado; Denver Metro/North Front Range 

Nonattainment Area; Nonattainment NSR Permit 

Program Certification for the 2015 8-Hour Ozone 

Standard, 86 FR 60434 (November 2, 2021). 

(e) * * * 

Title 

State 

effective 

date 

EPA 

effective 

date 

Final rule citation/date Comments 

*******

Denver Metropolitan Area 

*******

Reasonably Available Control Technology for the 2008 8-Hour Ozone 

National Ambient Air Quality Standard (NAAQS) State Implementation 

Plan (RACT SIP).

11/21/2017 6/13/2022 [insert Federal Register citation], 5/13/2022.Previous SIP approvals 7/03/2018, 2/ 

24/202, and 11/05/2021. Conditional 

approval of oil and gas RACT 5/13/ 

2022. 

* * * * * * * 

[FR Doc. 2022–10212 Filed 5–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2020–0644; FRL–9164–02– 

R8] 

Air Plan Approval; Colorado; Denver 

Metro/North Front Range 

Nonattainment Area; Nonattainment 

NSR Permit Program Certification for 

the 2015 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Colorado. The 

submittal certifies that the State of 

Colorado has fulfilled, through previous 

SIP revisions, Nonattainment New 

Source Review (NNSR) Permit Program 

requirements under the 2015 8-hour 

ozone National Ambient Air Quality 

Standards (NAAQS) for the Denver 

Metro/North Front Range (DMNFR) 

area. The State of Colorado submitted 

the certification to meet the 

nonattainment requirements for 

Marginal ozone nonattainment areas 

(NAAs) for the 2015 8-hour ozone 

NAAQS. The EPA is taking this action 

pursuant to sections 110, 172, 173, and 

182 of the Clean Air Act (CAA). 

DATES: This rule is effective on June 13, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2020–0644. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

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, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Matthew Lang, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–6709, 

email address: lang.matthew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our November 2, 

2021 proposal.1 In that document we 

proposed to approve a NNSR permit 

program certification for the DMNFR 

Marginal NAA because the certified 

NNSR permit program was prepared in 

accordance with requirements of 

sections 172(c)(5) and 173 of the CAA 

and fulfills the specific minimum SIP 

requirements of 40 CFR 51.165. The 

EPA is finalizing its proposed approval 

of the NNSR certification submitted by 

the State of Colorado for the DMNFR 

Marginal NAA under the 2015 8-hour 

ozone NAAQS. With this final 

rulemaking Colorado will have met the 

NNSR permit program requirement 

stemming from the Marginal 

nonattainment designation of the 

DMNFR area. 

EPA held a 30-day comment period 

on the proposed rulemaking beginning 

on November 1, 2021 and closing on 

December 2, 2021. We received 

comments on the proposal from two 

commenters. One individual expressed 

support for our proposed rulemaking. 

We also received comments from the 

Center for Biological Diversity (CBD) 

claiming that EPA must hold a new 

comment period and that Colorado’s SIP 

is inadequate with respect to NNSR 

permit program requirements. We thank 

the commenters and our responses to 

the comments received are included 

below. 

II. Response to Comments 

Commenter 1 

One commenter expressed support of 

the proposed approval and provided a 

general suggestion that sources be given 

time to make any needed changes to 

practices. 

Response: With respect to the 

commenter’s concern that sources be 

given time to make changes to practices, 

we note that this rulemaking does not 

impose any additional regulatory 

requirements on sources that would take 

time to implement. NNSR is a 

preconstruction review program that 

only applies to new sources and major 

modifications at existing sources. This 

action solely approves the certification 

submitted by the State of Colorado 

explaining that the existing federallyapproved NNSR permit program meets 

the requirements of 172(c)(5) and 173 of 

the CAA and fulfills the specific 

minimum SIP requirements of 40 CFR 

51.165 for NNSR permit programs for 

the 2015 8-hour ozone NAAQS. 


lotter on DSK11XQN23PROD with RULES1