[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Proposed Rules]
[Pages 72744-72757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R08-OAR-2005-CO-0003; FRL-8005-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve those revisions adopted by 
Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source 
Permitting and Air Pollutant Emission Notice Requirements) that 
incorporate EPA's December 31, 2002 NSR Reforms. Colorado submitted the 
request for approval of these rule revisions into the State 
Implementation Plan (SIP) on July 11, 2005 and supplemented its request 
on October 25, 2005. At this time, EPA is proposing to approve only the 
portions of Colorado's revisions to Regulation Number 3 that relate to 
the prevention of significant deterioration (PSD) and non-attainment 
new source review (NSR) construction permit programs of the State of 
Colorado. Other revisions, renumberings, additions, or deletions to 
Regulation No. 3 made by Colorado as part of the April 16, 2004 final 
rulemaking will be acted on by EPA in a separate action. Colorado has a 
Federally approved New Source Review (NSR) program for new and modified 
sources impacting attainment and non-attainment areas in the State.
    On December 31, 2002, EPA published revisions to the federal 
Prevention of Significant Deterioration (PSD) and non-attainment NSR 
regulations. These revisions are commonly referred to as ``NSR Reform'' 
regulations and became effective nationally in areas not covered by a 
SIP on March 3, 2003. These regulatory

[[Page 72745]]

revisions include provisions for baseline emissions determinations, 
actual-to-future actual methodology, plantwide applicability limits 
(PALs), clean units, and pollution control projects (PCPs). On November 
7, 2003, EPA published a reconsideration of the NSR Reform regulations 
that clarified two provisions in the regulations. On June 24, 2005, the 
United States Court of Appeals for the District of Columbia Circuit 
issued its ruling on challenges to the December 2002 NSR Reform 
revisions. Although the Court upheld most of EPA's rules, it vacated 
both the Clean Unit and the Pollution Control Project provisions and 
remanded back to EPA the ``reasonable possibility'' standard for when a 
source must keep certain project related records.
    Colorado is seeking approval, at this time, for its regulations to 
implement the NSR Reform provisions that have not been vacated or 
remanded by the June 24, 2005, court decision.

DATES: Comments must be received on or before January 6, 2006.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R08-OAR-2005-CO-0003 by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub. Regional RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#b0d4d1dcc99ed3d1c2dcf0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="d7b3b6bbaef9b4b6a5bb97b2a7b6f9b0b8a1">[email protected]</span></a>.
    Fax: (303)312-6064 (please alert the individual listed in the FOR 
FURTHER INFORMATION CONTACT if you are faxing comments).
    Mail: You may send written comments to: Richard R. Long, Director, 
Air and Radiation Program, U.S. Environmental Protection Agency, Region 
8, 999 18th Street, Suite 200, Denver, Colorado 80202.
    Hand delivery: Deliver your comments to: Richard R. Long, Director, 
Air and Radiation Program, U.S. Environmental Protection Agency, Region 
8, 999 18th Street, Suite 300, 3rd floor, Denver, Colorado 80202. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8 a.m. to 4:55 p.m. excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R08-OAR-2005-CO-
0003. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available at http://docket.epa.gov/rmepub, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through RME, regulations.gov, or e-mail. 
The EPA RME Web site and the federal regulations.gov Web site are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET online or see the Federal Register of May 31, 2002 
(67 FR 38102). For additional instructions on submitting comments, go 
to Section I. General Information of the SUPPLEMENTARY INFORMATION 
section of this document.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 8, Air and 
Radiation Program, 999 18th Street, Suite 300, Denver, Colorado 80202. 
We recommend that you telephone Carl Daly at (303) 312-6416 before 
visiting the Region 8 office. This Facility is open from 8 a.m. to 4 
p.m., Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Air and Radiation Program, 
U.S. Environmental Protection Agency, Region 8, 999 18th Street, Suite 
200, Denver, Colorado 80202, (303) 312-6416, <a href="/cdn-cgi/l/email-protection#d8bcb9b4a1f6bbb9aab498bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="b7d3d6dbce99d4d6c5dbf7d2c7d699d0d8c1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: For the purpose of this document, we are 
giving meaning to certain words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless 
the context indicates otherwise.
    This supplementary information section is arranged as follows:

I. General Information
    A. Does this action apply to me?
    B. How can I get copies of this document and other related 
information?
    C. What should I consider as I prepare my comments for EPA?
    D. How and to whom do I submit comments?
II. What Is Being Addressed in This Document?
III. What Are the Changes That EPA Is Approving?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    This action affects major stationary sources in Colorado that are 
subject to or potentially subject to the PSD or nonattainment NSR 
construction permit program.

B. How can I get copies of this document and other related information?

    1. The Regional Office has established an electronic public 
rulemaking file available for inspection at RME under ID No. R08-OAR-
2005-CO-0003, and a hard copy file which is available for inspection at 
the Regional Office. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include CBI or 
other information whose disclosure is restricted by statute. The 
official public rulemaking file is the collection of materials that is 
available for public viewing at the Air Programs Branch, Air

[[Page 72746]]

and Radiation Program, EPA Region 8, 999 18th Street, Suite 300, 
Denver, Colorado 80202. EPA requests that, if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8 a.m. to 4:55 p.m. 
excluding Federal holidays.
    2. Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and that are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office 
and as part of the electronic public rulemaking file (EDocket), as EPA 
receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD ROM that you mail to EPA, mark the outside 
of the disk or CD ROM as CBI and then identify electronically within 
the disk or CD ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

D. How and to whom do I submit comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 8 Air Docket R08-OAR-
2005-CO-0003'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments. Submit comments to the e-mail or street address given in the 
addresses section of this notice.

II. What Is Being Addressed in This Document?

    We are proposing to approve portions of Colorado's revisions to the 
Stationary Source Permitting and Air Pollutant Emission Notice 
Requirements (Regulation No. 3), submitted by Colorado on July 11, 2005 
and October 25, 2005, that relate to the Prevention of Significant 
Deterioration (PSD) and non-attainment New Source Review (NSR) 
construction permit programs of the State of Colorado. These revisions, 
among other revisions, to Regulation No. 3 were adopted by the Colorado 
Air Quality Control Commission on April 16, 2004. Regulation No. 3 
includes the PSD and non-attainment NSR construction permit programs of 
the State of Colorado. On February 3, 1983, EPA determined that 
Colorado's State Implementation Plan (SIP) satisfied all requirements 
of Part D of the Clean Air Act for regulating stationary sources in 
non-attainment areas (48 FR 29071). Colorado's Regulations for a 
Prevention of Significant Deterioration (PSD) program for attainment 
areas were Federally approved (with some exceptions) and made a part of 
the SIP on September 2, 1986 (51 FR 31125). Finally, Colorado adopted a 
merged NSR/operating permit program that was approved by EPA on January 
21, 1997 (62 FR 2910).
    On December 31, 2002, EPA published revisions to the federal PSD 
and non-attainment NSR regulations in 40 CFR parts 51 and 52 (67 FR 
80186). These revisions are commonly referred to as ``NSR Reform'' 
regulations and became effective nationally in areas not covered by a 
SIP on March 3, 2003. These regulatory revisions include provisions for 
baseline emissions determinations, actual-to-future actual methodology, 
plantwide applicability limits (PALs), clean units, and pollution 
control projects (PCPs). As stated in the rulemaking, State and local 
permitting agencies must adopt and submit revisions to their part 51 
permitting programs implementing the minimum program elements of that 
rulemaking no later than January 2, 2006 (67 FR 80240). With the July 
11, 2005 submittal, Colorado requested approval of program revisions 
into the State Implementation Plan (SIP) that satisfy this requirement.
    On November 7, 2003, EPA published a reconsideration of the NSR 
Reform regulations that clarified two provisions in the regulations by 
including a definition of ``replacement unit'' and by clarifying that 
the plantwide applicability limitation (PAL) baseline calculation 
procedures for newly constructed units do not apply to modified units. 
On June 24, 2005, the United States Court of Appeals for the District 
of Columbia Circuit issued its ruling on challenges to the December 
2002 NSR Reform revisions State of New York et al. v. EPA, 413 F.3d 3 
(D.C. Cir. 2005). Although the Court upheld most of EPA's rules, it 
vacated both the Clean Unit and the Pollution Control Project 
provisions and remanded back to EPA the recordkeeping provision that 
required a stationary source to keep records of projects when there was 
a ``reasonable possibility'' that the project could result in a 
significant emissions increase.
    Colorado's PSD and NSR program revisions were published in the Air 
Quality Control Commission Regulation

[[Page 72747]]

No. 3 (5 CCR 1001-5) on June 30, 2004 and are noted as Revision 4/16/
2004. In the revised regulation Colorado noted that NSR Reform 
revisions will become effective in Colorado when the EPA approves that 
language for incorporation into the State Implementation Plan. This is 
noted in the Style Guide to Regulation No. 3, as ``italicized text will 
become effective when the U.S. EPA approves that language for 
incorporation into the state implementation plan.'' In addition, 
Colorado noted that provisions superceded by the NSR Reforms will be 
effective in Colorado only up to when EPA approves the new NSR Reform 
language into the State Implementation Plan. This is noted in the Style 
Guide to Regulation No. 3, as ``underlined text will be effective until 
the U.S. EPA approves the italicized text for incorporation into the 
state implementation plan.'' In the transmittal letter for the July 11, 
2005 submission Colorado requested that EPA not take action, at this 
time, on the clean unit and PCP provisions of the state rule and on the 
term ``reasonable possibility'' in provisions D.V.A.7.c. and D.VI.B.5. 
of the state rule. In a September 28, 2005 letter to EPA, Colorado 
provided a revised list of provisions that Colorado requested EPA, at 
this time, not take action on. Colorado supplemented its July 11, 2005 
request in an October 25, 2005 submission that provided two correct 
April 16, 2004 versions of Regulation No. 3. All of these documents are 
available for review as part of the Docket for this action.

III. What Are the Changes That EPA Is Approving?

    EPA is proposing to approve those revisions adopted by Colorado on 
April 16, 2004 to Regulation No. 3 (Stationary Source Permitting and 
Air Pollutant Emission Notice Requirements) that incorporate EPA's 
December 30, 2002 NSR Reforms (with the exceptions noted in the table 
below). EPA is also proposing to approve revisions Colorado made to 
Regulation No. 3 prior to the April 16, 2004 final rulemaking that 
incorporate the revisions EPA made to the Federal NSR rules on July 21, 
1992 (with the exceptions noted in the table below). These revisions 
are referred to as the WEPCO rule (for the Wisconsin Electric Power 
Company court ruling) and added definitions and provisions that have 
been incorporated into the April 16, 2004 version of Regulation No. 3.
    In addition to incorporating the NSR Reforms into the April 16, 
2004 Regulation No. 3 revision, Colorado also restructured Regulation 
No. 3, including adding a new Part D titled Concerning Major Stationary 
Source New Source Review and Prevention of Significant Deterioration. 
The new Part D contains most of the NSR/PSD definitions, provisions, 
and sections that were revised or newly created by the NSR Reform rule. 
In addition, numerous Regulation No. 3 Part A and Part B NSR/PSD 
definitions, provisions, and sections not revised by the NSR Reform 
rule, but already approved into the SIP, have been moved into the new 
Part D. EPA is proposing to approve the revisions to Regulation No. 3 
creating the new Part D with the exceptions noted in the table below.
    The revisions adopted by Colorado on April 16, 2004 have structured 
Regulation No. 3 as follows: Part A now contains general provisions 
applicable to reporting and permitting, Part B addresses construction 
permits; Part C (not a part of the SIP) includes the operating permit 
program; and Part D deals with the Nonattainment New Source Review and 
Prevention of Significant Deterioration programs for major stationary 
sources. Minor sources will only be subject to Parts A and B; major 
sources (as defined for the Operating Permit program) are governed by 
Parts A, B and C. Major stationary sources must comply with Parts A, B, 
C and D. In particular, this reorganization separated the major 
stationary source NSR provisions from the construction permit 
requirements applicable to all sources.
    Part A Changes. EPA is proposing to approve changes Colorado made 
to Part A where the NSR Reform rule added or changed specific language 
used in this Part (as specified in the table below). In addition, EPA 
is proposing to approve changes Colorado made in Part A that moved the 
provisions applying to major NSR to Part D (as specified in the table 
below). EPA is not taking action, at this time, on any other revisions, 
renumberings, additions, or deletions to Part A made by Colorado as 
part of the April 16, 2004 final rulemaking action. These other changes 
will be acted on by EPA in a separate action.
    Changes to Part B. EPA is proposing to approve only the NSR Reform 
rule conforming changes Colorado made in Part B, which moved the 
provisions applying to major NSR to Part D (as specified in the table 
below). At this time, EPA is not taking action on any other revisions, 
renumberings, additions, or deletions to Part B made by Colorado as 
part of the April 16, 2004 final rulemaking action. These other changes 
will be acted on by EPA in a separate action.
    Part D Changes. Colorado created Regulation No. 3 Part D in order 
to make Colorado's air quality program consistent with the EPA NSR 
Reform rules. The references to NSR requirements in Part D include both 
the nonattainment NSR and PSD programs. Based on Colorado's request, 
EPA is not taking action, at this time, on provisions related to clean 
units, pollution control projects, and the term ``reasonable 
possibility'' as it appears in D-V.A.7.c. and D-VI.B.5. EPA is 
proposing to approve the new Part D except for the specific provisions 
noted in the table below.
    The following table specifies provisions of Regulation No. 3 that 
Colorado revised/renumbered or newly added in order to incorporate 
EPA's NSR Reform and WEPCO rules and to create a separate NSR/PSD major 
stationary source part (Part D). The table also notes whether the 
provision is being proposed by EPA to be incorporated into the Colorado 
SIP.

[[Page 72748]]



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                                    Provision                                   EPA proposing to
     Provision location in         location in                                     incorporate    Equivalent provision in 40
 Colorado's current SIP Reg. 3   Colorado's 4/16/     Provision description        revision or       CFR 51.165 and 40 CFR    Comment (if applicable see
     (N/A = not in current         2004 Reg. 3                                    addition into             51.166                     footnote)
         Colorado SIP)               Revision                                        the SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1.......................  D-II.A.I.........  Actual emissions definition  Yes.............  51.166(b)(21),              Note the reference in this
                                                                                                   51.165(a)(1)(xii).          definition to ``I.B.1.a''
                                                                                                                               should be to
                                                                                                                               ``II.A.1.a.'' and
                                                                                                                               Colorado will correct
                                                                                                                               this reference in a
                                                                                                                               future revision of
                                                                                                                               Regulation No. 3.
                                                                                                                              EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnote 1.
A-I.B.7.......................  D-II.A.3.........  Air Quality Related Value    Yes.............  N/A.......................  EPA is proposing approval
                                                    definition.                                                                for this definition.
                                                                                                                              See footnote 2.
A-I.B.8.......................  A-I.B.7..........  Allowable Emissions          Yes.............  51.166(b)(16),              Colorado added
                                                    definition.                                    51.165(a)(1)(xi).           ``enforceable as a
                                                                                                                               practical matter'' and
                                                                                                                               moved ``future compliance
                                                                                                                               date'' phrase to this
                                                                                                                               definition.
                                                                                                                              EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnotes 1 and 2.
A-I.B.10......................  D-II.A.5.........  Baseline Area definition...  Yes.............  51.166(b)(15).............  EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnote 2.
A-I.B.11......................  D-II.A.6.........  Baseline Concentration       Yes.............  51.166(b)(13).............  EPA is proposing approval
                                                    definition.                                                                for this definition.
                                                                                                                              See footnote 2.
A-I.B.12......................  D-II.A.8.........  Best Available Control       Yes.............  51.166(b)(12),              EPA is proposing approval
                                                    Technology definition.                         51.165(a)(1)(xl).           for this definition.
                                                                                                                              See footnote 2.
A-I.B.15......................  D-II.A.12........  Complete definition (for     Yes.............  51.166(b)(22).............  EPA is proposing approval
                                                    PSD/NSR purposes).                                                         for this definition.
                                                                                                                              The reference in
                                                                                                                               II.A.12.a.(vii) of this
                                                                                                                               definition to ``III.G.4.
                                                                                                                               of Part B'' is not in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 2.
A-I.B.21......................  D-II.A.16........  Federal Land Manager         Yes.............  51.166(b)(24),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xlii).         for this definition.
                                                                                                                              See footnote 2.
A-I.B.31......................  D-II.A.19........  Innovative Control           Yes.............  51.166(b)(19).............  EPA is proposing approval
                                                    Technology definition.                                                     for this definition.
                                                                                                                              See footnote 2.
A-I.B.32......................  D-II.A.21........  Lowest Achievable Emission   Yes.............  51.166(b)(52),              EPA is proposing approval
                                                    Rate definition.                               51.165(a)(1)(xiii).         for this definition.
                                                                                                                              See footnotes 1 and 2.
A-I.B.33......................  D-II.A.24........  Major Source Baseline Date   Yes.............  51.166(b)(14)(i)..........  EPA is proposing approval
                                                    definition.                                                                for this definition.
                                                                                                                              See footnote 2.
A-I.B.34......................  D-II.A.26........  Minor Source Baseline Date   Yes.............  51.166(b)(14)(ii).........  EPA is proposing approval
                                                    definition.                                                                for this definition.
                                                                                                                              See footnote 2.
A-I.B.35.b....................  D-II.A.23 (except  Major Modification           Yes, except as    51.166(b)(2),               EPA is proposing approval
                                 II.A.23.d(iii),    definition.                  noted below.      51.165(a)(1)(v).            for all of D-II.23.
                                 (viii), (x),                                                                                  except sections D-
                                 (xi), and (e)--                                                                               II.A.23.d.(viii), (x),
                                 see below).                                                                                   and (xi).
                                                                                                                              Note that the provision in
                                                                                                                               II.A.23.e that references
                                                                                                                               ``section II.A.2'' should
                                                                                                                               reference ``II.A.31'' and
                                                                                                                               Colorado will correct
                                                                                                                               this reference in a
                                                                                                                               future revision of
                                                                                                                               Regulation 3.
                                                                                                                              See footnotes 1 and 2.
N/A...........................  D-II.A.23.d.(iii)  Use of an alternative fuel   Yes.............  51.166(b)(2)(iii)(d),       EPA is proposing approval
                                                    at a steam generating unit                     51.165(a)(1)(v)(C)(4)(iv).  of this definition.
                                                    (part of Major                                                            See footnote 1.
                                                    Modification definition).

[[Page 72749]]

 
N/A...........................  D-II.A.23.d(viii)  Addition replacement or use  No..............  51.166(b)(2)(iii)(h),       EPA is not taking action
                                                    of a PCP * * * (part of                        51.165(a)(1)(v)(C)(8).      on this part of the
                                                    Major Modification                                                         definition at this time
                                                    definition).                                                               at the request of
                                                                                                                               Colorado.
N/A...........................  D-II.23.d(x).....  The installation or          No, as noted....  51.166(b)(2)(j)...........  EPA is not taking action,
                                                    operation of a permanent                                                   at this time, on this
                                                    clean coal technology                                                      part of the definition.
                                                    demonstration project that                                                See footnote 3.
                                                    constitutes repowering
                                                    (part of Major
                                                    Modification definition).
N/A...........................  D-II.A.23.d(xi)..  The reactivation of a very   No, as noted....  51.166(b)(2)(k)...........  EPA is not taking action,
                                                    clean coal fired electric                                                  at this time, on this
                                                    utility steam generating                                                   part of the definition.
                                                    unit. (part of Major                                                      See footnote 3.
                                                    Modification definition).
N/A...........................  D-II.A.23.e......  This definition shall not    Yes.............  51.166(b)(2)(iv),           EPA is proposing approval
                                                    apply * * * for a PAL                          51.165(a)(1)(v)(D).         for this definition
                                                    (part of Major
                                                    Modification definition).
                                                                                                                              Note that the reference in
                                                                                                                               this definition should be
                                                                                                                               to II.A.31 not II.A.2.,
                                                                                                                               and Colorado will correct
                                                                                                                               this reference in a
                                                                                                                               future revision of
                                                                                                                               Regulation 3.
                                                                                                                              See footnote 1.
A-1.B.36......................  D-II.A.27.         Net Emissions Increase       Yes.............  51.166(b)(3),               Colorado has added
                                 (except            definition.                                    51.165(a)(1)(vi).           additional language at
                                 II.A.27.c.(iv)                                                                                II.A.27.c.(iii), and
                                 and II.A.g.(v)).                                                                              II.A.27.g.(i).
                                                                                                                              EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              Note that provision
                                                                                                                               II.A.27.a.(i) references
                                                                                                                               ``I.A.4.'' However, there
                                                                                                                               is no I.A.4. and this
                                                                                                                               reference will be deleted
                                                                                                                               by Colorado.
                                                                                                                              See footnotes 1 & 2.
N/A...........................  D-II.A.27.c(iv)..  Net emission increase at a   No..............  51.166(b)(3)(ii)(c),        EPA is not taking action
                                                    clean unit (part of Net                        51.165(a)(1)(vi)(C)(3).     on this part of the
                                                    Emissions Increase                                                         definition at this time
                                                    definition).                                                               at the request of
                                                                                                                               Colorado.
N/A...........................  D-II.A.27.g(v)...  Net emissions increase at a  No..............  51.166(b)(3)(vi)(d),        EPA is not taking action
                                                    clean unit and pollution                       51.165(a)(1)(vi)(E)(5).     on this part of the
                                                    control project (part of                                                   definition at this time
                                                    Net Emissions Increase                                                     at the request of
                                                    definition).                                                               Colorado.
A-I.B.44......................  A-I.B.35.........  Potential to Emit            Yes.............  51.166(b)(4),               EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(iii).          for this definition.
                                                                                                                              See footnote 2.
A-I.B.55......................  D-II.A.43........  Secondary Emissions          Yes.............  51.166(b)(18),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(viii).         for this definition.
                                                                                                                              See footnote 1.
A-I.B.57......................  D-II.A.44........  Significant definition.....  Yes.............  51.166(b)(23),              EPA is proposing approval
                                                                                                   51.165(a)(1)(x).            for this definition.
                                                                                                                              See footnote 1.
A-I.B. 58. Major Stationary     D-II.A.25........  Major Stationary Source      Yes, except as    51.166(b)(1)(i),            EPA is proposing approval
 Source.                                            definition (introductory).   noted below.      51.165(a)(1)(iv).           for this definition
                                                                                                                               except for section D-
                                                                                                                               II.A.25.b.
                                                                                                                              See footnote 2.
A-I.B.58.a....................  D-II.A.25.b......  For the purpose of           No, as noted....  51.165(a)(1)(iv)(A)(1)....  EPA is not taking action,
                                                    determining whether a                                                      at this time, on this
                                                    source in a nonattainment                                                  part of the definition.
                                                    area is subject. (part of
                                                    Major Stationary Source
                                                    definition).
                                                                                                                              Provision A-I.B.58.a. in
                                                                                                                               the current codified SIP
                                                                                                                               remains in effect as part
                                                                                                                               of the definition of
                                                                                                                               Major Stationary Source.
                                                                                                                              See footnote 4.
A-I.B.58.b....................  D-II.A.25.a......  For the purpose of           Yes.............  51.166(b)(1)(i)(a)........  EPA is proposing approval
                                                    determining whether a                                                      for this definition.
                                                    source in an attainment or                                                See footnote 2.
                                                    unclassifiable area (part
                                                    of Major Stationary Source
                                                    definition).
A-I.B.58.c....................  D-II.A.25.c......  Major stationary source      Yes.............  51.166(b)(1)(i)(c),         EPA is proposing approval
                                                    includes any physical                          51.165(a)(1)(iv)(A)(2).     for this definition.
                                                    change that would occur at                                                See footnote 2.
                                                    a stationary source (part
                                                    of Major Stationary Source
                                                    definition).

[[Page 72750]]

 
A-I.B.58.d....................  D-II.A.25.d......  A major stationary source    Yes.............  51.166(b)(1)(ii),           EPA is proposing approval
                                                    that is major for volatile                     51.165(as)(1)(iv)(B).       for this definition.
                                                    organic compounds shall be                                                See footnote 2.
                                                    considered major (part of
                                                    Major Stationary Source
                                                    definition).
A-I.B.58.f....................  D-II.A.25.e......  The fugitive emissions of a  Yes.............  51.166(b)(1)(iii),          EPA is proposing approval
                                                    stationery source shall                        51.165(a)(1)(iv)(C).        for this definition.
                                                    not be included (part of                                                  See footnote 2.
                                                    Major Stationary Source
                                                    definition).
A-I.B.58.e....................  D-II.A.25.f......  Emissions caused by          Yes.............  N/A.......................  EPA is proposing approval
                                                    indirect air pollution                                                     for this definition.
                                                    sources (part of Major                                                    The reference in this
                                                    Stationery Source                                                          definition to ``I.B.22.
                                                    definition).                                                               of Part A'' is at A-
                                                                                                                               I.B.58. in the current
                                                                                                                               codified SIP.
                                                                                                                              See footnote 2.
A-I.B.58.g....................  D-II.A.25.g......  A major stationary source    Yes.............  ..........................  EPA is proposing approval
                                                    in the Denver Metro PM10                                                   for this definition.
                                                    (part of Major Stationary                                                 See footnote 2.
                                                    Source definition).
N/A...........................  D-III............  Permit Review Procedures...  Yes.............  ..........................  EPA is proposing approval
                                                                                                                               for this section.
                                                                                                                              See footnote 2.
N/A...........................  D-III.A..........  Major Stationary Sources     Yes.............  ..........................  EPA is proposing approval
                                                    must apply for CP or OP.                                                   for this section.
B-IV.B.5......................  D-III.B..........  Process PSD applications w/  Yes.............  ..........................  EPA is proposing approval
                                                    in 12 months.                                                              for this section.
                                                                                                                              See footnote 2.
N/A...........................  D-IV.............  Public Comment Requirements  Yes.............  51.166(q).................  EPA is propoosing approval
                                                                                                                               for this section.
                                                                                                                              See footnote 2.
N/A...........................  D-IV.A...........  Public Notice..............  Yes.............  51.166(q).................  Copied from Part B,
                                                                                                                               IV.C.4. of current
                                                                                                                               codified SIP.
                                                                                                                              EPA is proposing approval
                                                                                                                               for this section.
                                                                                                                              The reference in D-IV.A.
                                                                                                                               to ``III.C.3. of Part B''
                                                                                                                               is at B-IV.C.3 in the
                                                                                                                               current codified SIP.
                                                                                                  ..........................  See footnote 2.
B-IV.C.4.-from ``For sources    D-IV.A.1.........  Public notice of NSR and     Yes.............  51.166(g)(ii) and (iv)....  EPA is proposing approval
 subject to the provisions of                       PSD permit applications.                                                   for this section
 section IV.D.3.'' to ``The                                                                                                   See footnote 2.
 newspaper notice''.
B-IV.C.4.f....................  D-IV.A.2.........  Additionally, for permit     Yes.............  51.166(a)(iii)............  EPA is proposing approval
                                                    applications * * *                                                         for this section.
                                                    (request comment on).                                                     See footnote 2.
B-IV.C.5......................  D-IV.A.3.........  Within 15 days after         Yes.............  N/A.......................  EPA is proposing approval
                                                    prepare PA.                                                                for this section.
                                                                                                                              See footnote 2.
B-IV.C.6......................  D-IV.A.4.........  Hearing request for          Yes.............  N/A.......................  EAP is proposing approval
                                                    innovative control.                                                        for this section.
                                                                                                                              See footnote 2.
B-IV.C.7......................  D-IV.A.5.........  Hearing request transmitted  Yes.............  N/A.......................  EPA is proposing approval
                                                    to commission.                                                             for this section.
                                                                                                                              See footnote 2.
B-IV.C.8......................  D-IV.A.6.........  Commission shall hold        Yes.............  51.166(q)(v)..............  EPA is proposing approval
                                                    public comment hearing.                                                    for this section.
                                                                                                                              See footnote 2.
B-IV.C.9......................  D-IV.A.7.........  15 days after division       Yes.............  51.166(q)(viii)...........  EPA is proposing approval
                                                    makes final decision on                                                    for this section.
                                                    application.                                                              See footnote 2.

[[Page 72751]]

 
B-IV.D.2......................  D-V..............  Requirements Applicable to   Yes.............  N/A.......................  EPA is proposing approval
                                                    Non-attainment Areas                                                       for this section.
                                                    (Introductory).                                                           See footnote 2.
B-IV.D.2.a....................  D-V.A............  Major Stationary Sources...  Yes.............  51.165, Appx. S.IV.A......  EPA is proposing approval
                                                                                                                               for this section.
                                                                                                                              The reference in D-V.A. to
                                                                                                                               ``III.D.1. of Part B'' is
                                                                                                                               at B-IV.D.1. in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 2.
B-IV.D.2.a(i) through (iii)...  D-V.A.1. through   Major Stationary Sources...  Yes.............  51.165, Appx. S.IV.A        EPA is proposing approval
                                 3.                                                                Condiitons 1-4.             for this section.
                                                                                                                              See footnote 2.
B-IV.D.2.a.(iii)(C) 2nd par...  D-V.A.3.d........  With respect to offsets      Yes.............  51.165, Appx. S.IV.D......  EPA is proposing approval
                                                    from outside nonattainment                                                 for this section.
                                                    area.                                                                     See footnote 2.
B-IV.D.2.a.(iv)...............  D-V.A.4..........  The permit application       Yes.............  51.165, Appx. S.IV.D......  EPA is proposing approval
                                                    shall include an analysis                                                  for this section.
                                                    of alternative sites * * *.                                               See footnote 2.
B-IV.D.2.a.(v)................  D-V.A.5..........  Offsets for which emission   Yes.............  51.165, Appx. S.V.A.......  EPA is proposing approval
                                                    reduction credit is taken                                                  for this section.
                                                    * * *.                                                                    See footnote 2.
B-IV.D.2.a(vi)................  D-V.A.6..........  The applicant will           Yes.............  N/A.......................  EPA is proposing approval
                                                    demonstrate that emissions                                                 for this section.
                                                    from the proposed source                                                  See footnote 2.
                                                    will not adversely impact
                                                    visibility * * *.
B-IV.D.2.b....................  D-V.A.7..........  Applicability of Certain     Yes.............  N/A.......................  EPA is proposing approval
                                                    Nonattainment Area                                                         for this section.
                                                    Requirements.                                                             See footnote 2.
B-IV.D.2.b.(i)................  D-V.A.7.a........  Any major stationary source  Yes.............  N/A.......................  EPA is proposing approval
                                                    in a nonattainment area *                                                  for this section.
                                                    * *.                                                                      See footnote 2.
B-IV.D.2.b(ii)................  D-V.A.7.b........  The requirements of section  Yes.............  51.165(a)(5)(ii)..........  EPA is proposing approval
                                                    V.A. shall apply at such                                                   for this section.
                                                    time that any stationary                                                  See footnote 2.
                                                    source * * *.
N/A...........................  D-V.A.7.c........  The following provisions     Yes, except as    51.165(a)(6)..............  EPA is not taking action
                                                    apply to projects at         noted in                                      on the terms ``clean
                                                    existing emissions units *   comment section.                              unit'' or ``reasonable
                                                    * * (``Reasonable                                                          possiblity'' used in this
                                                    possibility'' provisions                                                   provision at this time at
                                                    in nonattainment areas)                                                    the request of Colorado
                                                    (part of Applicability of                                                 See footnote 1 and 5.
                                                    Certain Nonattainment Area
                                                    Requirements).
N/A...........................  D-V.A.7.d........  Documents available for      Yes.............  51.165(a)(7)..............  EPA is proposing approval
                                                    review upon request (part                                                  for this provision.
                                                    of Applicability of                                                       See footnote 1.
                                                    Certain Nonattainment Area
                                                    Requirements).
B-IV.D.2.c (and subsections)..  D-V.A.8..........  Exemptions from Certain      Yes.............  51.165, Appx. S.IV.B......  EPA is proposing approval
                                                    Nonattainment Area                                                         for this section.
                                                    Requirements.                                                             See footnote 2.
B-IV.D.3......................  D-VI.............  Requirements Applicable to   Yes.............  N/A.......................  Colorado has deleted
                                                    Attainment Areas                                                           unnecessary introductory
                                                    (Introductory).                                                            language from this
                                                                                                                               provision.
                                                                                                                              EPA is proposing approval
                                                                                                                               for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.a. (and subsections    D-VI.A...........  Major Stationary Sources     Yes.............  51.166(j).................  EPA is proposing approval
 not listed below).                                 and Major Modifications.                                                   for this section.
                                                                                                                              The reference in D-VI.A.
                                                                                                                               to ``III.D.1. of Part B''
                                                                                                                               is at B-IV.D.1. in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 2.
B-IV.D.3.a(i)(C)..............  D-VI.A.1.c.......  For phased construction * *  Yes.............  51.166(j)(4)..............  EPA is proposing approval
                                                    *..                                                                        for this provision.
                                                                                                                              See footnote 1 and 2.
B-IV.D.3.a.(iii)(D)...........  D-VI.A.3.d.......  In general, the continuous   Yes.............  51.166(m)(1)(iv)..........  EPA is proposing approval
                                                    air monitoring data.                                                       for this provision.
                                                                                                                              See footnotes 1 and 2.
B-IV.D.3.a.(iii)(D)...........  D-VI.A.4.........  Post-construction            Yes.............  51.166(m)(2)..............  EPA is proposing approval
                                                    monitoring.                                                                for this provision.

[[Page 72752]]

 
                                                                                                                              Colorado has revised this
                                                                                                                               provision to make post
                                                                                                                               construction monitoring
                                                                                                                               at the director's
                                                                                                                               discretion as allowed by
                                                                                                                               51.166(m)(2).
                                                                                                                              See footnotes 1 and 2.
B-IV.D.3.b....................  D-VI.B...........  Applicability of Certain     Yes.............  N/A.......................  EPA is proposing approval
                                                    PSD Requirements.                                                          for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.b.(i)................  D-VI.B.1.........  The requirements of section  Yes.............  51.166(i)(1) and (2)......  EPA is proposing approval
                                                    VI.A. do not apply.                                                        for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.b.(ii)...............  D-VI.B.2.........  The requirements contained   Yes.............  51.166(i)(3) and 4........  EPA is proposing approval
                                                    in sections VI.A.2 through                                                 for this provision.
                                                    VI.A.4.                                                                   See footnote 2.
B-IV.D.3.b(iii)...............  D-VI.B.3.          The division may exempt a    Yes.............  51.166(i)(5)..............  Colorado has reworded D-
                                 (including D-      proposed major stationary                                                  VI.B.3. and deleted
                                 VI.B.3.b., c.,     source or major                                                            unnecessary language.
                                 and d.).           modification from the
                                                    requirements of sections
                                                    VI.A.3. through VI.A.5. of
                                                    this Part, with respect to
                                                    monitoring for a
                                                    particular pollutant if: *
                                                    * *.
                                                                                                                              EPA is proposing approval
                                                                                                                               for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.b.(iii)(A)(1)-(12)...  D-VI.B.3.a.(i)-(i  deleted Mercury, Beryllium,  Yes.............  51.166(i)(5)(i)...........  EPA is proposing approval
                                 x).                Vinyl chloride.                                                            for this provision.
                                                                                                                              See footnotes 1 & 2.
B-IV.D.3.b.(iv)...............  D-VI.B.4.........  The requirements of this     Yes.............  51.166(i)(6)..............  EPA is proposing approval
                                                    Part D shall apply * * *.                                                  for this provision.
                                                                                                                              See footnote 2.
N/A...........................  D-VI.B.5.........  The following provisions     Yes, except as    51.166(r)(6)..............  EPA is proposing approval
                                                    apply to projects at         noted in                                      for this section with the
                                                    existing emissions units *   comment section.                              exception that EPA is not
                                                    * * (``Reasonable                                                          taking action on the
                                                    possibly'' provisions                                                      terms ``clean unit'' or
                                                    PSD). (Part of                                                             ``reasonable
                                                    Applicability of Certain                                                   possibility'' used in
                                                    PSD Requirements).                                                         this provision, at this
                                                                                                                               time, at the request of
                                                                                                                               Colorado.
                                                                                                                              See footnote 1 and 5.
N/A...........................  D-VI.B.6.........  documents available for      Yes.............  51.166(r)(7)..............  EPA is proposing approval
                                                    review upon request. (part                                                 for this provision.
                                                    of Applicability of                                                       See footnote 1.
                                                    Certain PSD Requirements).
B-IV.D.3.b(v).................  D-VI.B.7.........  A stationary source or       Yes.............  51.166(i)(9)..............  EPA is proposing approval
                                                    modification may apply.                                                    for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.c....................  D-VI.C...........  Notice to EPA..............  Yes.............  51.166(p)(1)..............  EPA is proposing approval
                                                                                                                               for this provision.
                                                                                                                              See footnote 2.
B-IV.D.3.d....................  D-VI.D...........  Major Stationary Sources in  Yes.............  51.165(b).................  EPA is proposing approval
                                                    attainment areas affecting                                                 for this section.
                                                    nonattainment area.
                                                                                                                              The reference in D-VI.D.
                                                                                                                               to ``III.D.I. of Part B''
                                                                                                                               is at B-IV.D.1 in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 2.
B-IV.D.4......................  D-VII............  Negligibly Reactive VOCs...  Yes.............  51.100(s).................  EPA is proposing approval
                                                                                                                               for this provision.
                                                                                                                              See footnote 2.
B-V...........................  D-VIII...........  Area Classifications.......  Yes, with the     51.166(e).................  EPA is proposing approval
                                                                                 exception of D-                               for this provisions with
                                                                                 VIII.B.                                       the exception of D-
                                                                                                                               VIII.B.
                                                                                                                              See footnote 2.

[[Page 72753]]

 
N/A...........................  D-VIII.B.........  All other areas of           No..............  N/A.......................  This provision is not in
                                                    Colorado, (part of Area                                                    the currently codified
                                                    Classifications).                                                          SIP. EPA is not proposing
                                                                                                                               approval as part of this
                                                                                                                               action.
                                                                                                                              See FR Notice of 3/25/98
                                                                                                                               (14357).
B-VI..........................  D-IX.............  Redesignation..............  Yes.............  51.166(e).................  EPA is proposing approval
                                                                                                                               for this provision.
                                                                                                                              See footnote 2.
B-VII.........................  D-X..............  Air Quality Limitations....  Yes, with the     51.166(c).................  EPA is proposing approval
                                                                                 exception of D-                               for this provision with
                                                                                 X.A.5.                                        the exception of D-X.A.5.
                                                                                                                              See footnote 2.
N/A...........................  D-X.A.5..........  Increment Consumption        No..............  N/A.......................  This provision is not in
                                                    Restriction (part of Air                                                   the currently codified
                                                    Quality Limitations).                                                      SIP. EPA is not proposing
                                                                                                                               approval as part of this
                                                                                                                               action.
                                                                                                                              See FR Notice of 3/25/98
                                                                                                                               (14357).
B-VIII........................  D-XI.............  Exclusions from Increment    Yes.............  51.166(f).................  EPA is proposing approval
                                                    Consumption.                                                               for this provision.
                                                                                                                              See footnote 2.
B-IX..........................  D-XII............  Innovative Control           Yes.............  51.166(s).................  EPA is proposing approval
                                                    Technology.                                                                for this provision.
                                                                                                                              See footnote 2.
B-X...........................  D-XIII...........  Federal Class I Areas......  Yes.............  51.166(p).................  EPA is proposing approval
                                                                                                                               for this section.
                                                                                                                              The reference in D-XIII.C.
                                                                                                                               to ``III.B. of Part B''
                                                                                                                               is at B-IV.b. in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 2.
B-XI..........................  D-XIV............  Visibility.................  No..............  N/A.......................  EPA is not taking action
                                                                                                                               on this section. This
                                                                                                                               section will be acted on
                                                                                                                               by EPA as a separate
                                                                                                                               action.
N/A...........................  A-I.B.13.........  CEMS definition............  Yes.............  51.166(b)(43),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxxiv).        for this provision.
                                                                                                                              See footnote 1.
N/A...........................  A-I.B.14.........  CERMS definition...........  Yes.............  51.166(b)(46),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxxiv).        for this provision.
                                                                                                                              See footnote 1.
N/A...........................  A-I.B.15.........  CPMS definition............  Yes.............  51.166(b)(45),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxxiv).        for this provision.
                                                                                                                              See footnote 1.
N/A...........................  A-I.B.33.........  Pollution Prevention         Yes.............  51.166(b)(38),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xxvi).         for this provision.
                                                                                                                              See footnote 1.
N/A...........................  A-I.B.36.........  PEMS definition............  Yes.............  51.166(b)(44),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxxii).        for this provision.
                                                                                                                              See footnote 1.
N/A...........................  D-I.A............  General Applicability        Yes.............  51.166(a)(7), (iv)(a) and   EPA is proposing approval
                                                    (Introductory).                                (b), 51.165(a)(2)(iii)      for this definition.
                                                                                                   (A) and (B).               See footnote 1.
N/A...........................  D-I.B. (except     Applicability Tests........  Yes.............  51.166(a)(7)(iv)(c), (d),   EPA is proposing approval
                                 1.b.3. and                                                        and (f),                    for this definition with
                                 second sentence                                                   51.165(a)(2)(ii)(C), (D),   the exception of I.B.3.
                                 of 1.B.4.).                                                       and (F).                    and the second sentence
                                                                                                                               of I.B.4.
N/A...........................  D-I.B.3..........  Emissions tests at clean     No..............  51.166(a)(7)(iv)(e),        EPA is not taking action
                                                    units (part of                                 51.165(a)(2)(ii)(E).        on this provision at this
                                                    Applicability Tests).                                                      time at the request of
                                                                                                                               Colorado.
                                                                                                                              The reference in D-I.B.5.
                                                                                                                               to ``I.B.26. of Part A''
                                                                                                                               is at A-I.B.35.c. in the
                                                                                                                               current codified SIP.
                                                                                                                              See footnote 1.
N/A...........................  D-I.B.4. Second    For example, for a project   No..............  51.166(a)(7)(iv)(f) second  EPA is not taking action
                                 sentence.          involves both an existing                      sentence,                   on this part of provision
                                                    unit and a clean unit.                         51.165(a)(2)(ii)(F)         D-I.B.4 at this time at
                                                                                                   second sentence.            the request of Colorado.
N/A...........................  D-I.C............  For any major statioN/Ary    Yes.............  51.166(a)(7)(v),            EPA is proposing approval
                                                    source requesting, or                          51.165(a)(2)(iii).          for this provision.
                                                    operating under, a                                                        See footnote 1.
                                                    Plantwide Applicability
                                                    Limitation.
N/A...........................  D-I.D............  An owner or operator         No..............  51.166(a)(7)(vi),           EPA is not taking action
                                                    undertaking a Pollution                        51.165(a)(2)(iv).           on this provision at this
                                                    Control Project.                                                           time at the request of
                                                                                                                               Colorado.

[[Page 72754]]

 
N/A...........................  D-II.A.2.........  Actuals PAL Definition.....  Yes.............  51.166(w)(2)(i)             EPA is proposing approval
                                                                                                   51.165(f)(2)(i).            for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.4.........  Baseline Actual Emissions    Yes.............  51.166(b)(47),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xxxv).         for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.7.........  Begin Actual Construction    Yes.............  51.166(b)(II),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xv).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.9.........  Clean Coal Technology        Yes.............  51.166(b)(33),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xxiii).        for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-I.II.A.10......  Clean Coal Technology        Yes.............  51.166(b)(34),              EPA is proposing approval
                                                    Demonstration Project                          51.165(a)(1)(xxiv).         for this definition
                                                    definition.                                                               See footnote 1.
N/A...........................  D-II.A.11........  Clean Unit definition......  No..............  51.166(b)(41),              EPA is not taking action
                                                                                                   51.165(a)(1)(xxix).         on this definition at
                                                                                                                               this time at the request
                                                                                                                               of Colorado.
N/A...........................  D-II.A.13........  Construction definition....  Yes.............  51.166(b)(8),               EPA is proposing approval
                                                                                                   51.165(a)(1)(xxviii).       for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.14........  Emissions Unit definition    ................  51.166(b)(7),               EPA is proposing approval
                                                    (for PSD/NSR purposes).                        51.165(a)(1)(xvii).         for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.15........  Electric Utility Steam       Yes.............  51.166(b)(30),              EPA is proposing approval
                                                    Generating Unit definition.                    51.165(a)(1)(xx).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.17........  High Terrain definition....  Yes.............  51.166(b)(25).............  EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.18........  Hydrocarbon Combustion       ................  51.166(b)(31)(iv),          EPA is proposing approval
                                                    Flare definition.                              51.165(a)(1)(xx)(D).        for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.20........  Low Terrain definition.....  Yes.............  51.166(b)(26).............  EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.22........  Major Emissions Unit         Yes.............  51.166(w)(2)(iv),           EPA is proposing approval
                                                    definition.                                    51.165(f)(2)(iv).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.28........  Nonattainment New Source     Yes.............  51.165(a)(1)(xxx).........  EPA is proposing approval
                                                    Review definition.                                                         for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.29........  PAL Effective Date           Yes.............  51.166(e)(2)(iv),           EPA is proposing approval
                                                    definition.                                    51.165(f)(2)(vi).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.30........  PAL Effective Period         Yes.............  51.166(e)(2)(vii),          EPA is proposing approval
                                                    definition.                                    51.165(f)(2)(vii).          for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.31........  PAL Major Modification       Yes.............  51.166(w)(2)(viii),         EPA is proposing approval
                                                    definition.                                    51.165(f)(2)(viii).         for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.32........  PAL Permit definition......  Yes.............  51.166(w)(2)(ix),           EPA is proposing approval
                                                                                                   51.165(f)(2)(ix).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.33........  PAL Pollutant definition...  Yes.............  51.166(w)(2)(x),            EPA is proposing approval
                                                                                                   51.165(f)(2)(x).            for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.34........  Plantwide Applicability      Yes.............  51.166(w)(2)(v),            EPA is proposing approval
                                                    Limitation (PAL)                               51.165(f)(2)(v).            for this definition.
                                                    definition.                                                               See footnote 1.

[[Page 72755]]

 
N/A...........................  D-II.A.35........  Pollutant Control Project    No..............  51.166(b)(31),              EPA is not taking action
                                                    definition.                                    51.165(a)(1)(xxv).          on this definition at
                                                                                                                               this time at the request
                                                                                                                               of Colorado.
N/A...........................  D-II.A.36........  Prevention of Significant    Yes.............  51.166(b)(42),              EPA is proposing approval
                                                    Deterioration Permit                           51.165(a)(1)(xli).          for this definition.
                                                    definition.                                                               See footnote 1.
N/A...........................  D-II.A.37........  Project definition.........  Yes.............  51.166(b)(51),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxix).         for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.38........  Projected Actual Emissions   Yes.............  51.166(b)(40),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xxviii).       for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.39........  Reactivation of Very Clean   Yes.............  51.166(b)(37).............  EPA is proposing approval
                                                    Coal-Fired EUSGU                                                           for this definition.
                                                    definition.                                                               See footnote 1.
N/A...........................  D-II.A.40........  Regulated NSR Pollutant      Yes.............  51.166(b)(49),              EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(xxxvii).       for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.41........  Replacement Unit definition  Yes.............  51.166(b)(32),              EPA is proposing approval
                                                                                                   51.165(a)(1)(xxi).          for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.42........  Repowering definition......  Yes.............  51.166(b)(36).............  EPA is proposing approval
                                                                                                                               for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.45........  Significant Emissions        Yes.............  51.166(b)((39),             EPA is proposing approval
                                                    Increase definition.                           51.165(a)(1)(xxvii).        for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.46........  Significant Emissions Unit   Yes.............  51.166(w)(2)(xi),           EPA is proposing approval
                                                    definition.                                    51.165(f)(2)(xi).           for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.47........  Small Emissions Unit         Yes.............  51.166(w)(2)(iii),          EPA is proposing approval
                                                    definition.                                    51.165(a)(1)(iii).          for this definition.
                                                                                                                              See footnote 1.
N/A...........................  D-II.A.48........  Temporary Clean Coal         Yes.............  51.166(b)(35),              EPA is proposing approval
                                                    Demonstration Project                          51.165(a)(1)(XXII).         for this definition.
                                                    definition.                                                               See footnote 1.
N/A...........................  D-XV.............  Clean Units................  No..............  51.166(t) and (u),          EPA is not taking action
                                                                                                   51.165(c) and (d).          on this section, at this
                                                                                                                               time, at the request of
                                                                                                                               Colorado.
N/A...........................  D-XVI............  Pollution Control Projects.  No..............  51.166(v), 51.165(e)......  EPA is not taking action
                                                                                                                               on this section, at this
                                                                                                                               time, at the request of
                                                                                                                               Colorado.
N/A...........................  D-XVII...........  Plantwide Applicability      Yes.............  51.166(v), 51.165(f)......  EPA is proposing approval
                                                    Limitations.                                                               for this section.
                                                                                                                              The references in
                                                                                                                               XVII.N.1.g and XVII.N.2.d
                                                                                                                               of this section to
                                                                                                                               ``I.B.38. of Part A'' are
                                                                                                                               at A-I.B.53 in the
                                                                                                                               current codified SIP.
                                                                                                                              Colorado has revised D-
                                                                                                                               SVII.I.2. (application
                                                                                                                               deadline) to 12 months
                                                                                                                               prior to expiration
                                                                                                                               instead of 6 months.
                                                                                                                              Colorado has revised
                                                                                                                               XVII.N.1. (Semi-Annual
                                                                                                                               Report) to require
                                                                                                                               submission of QA/QC data
                                                                                                                               as requested, not as part
                                                                                                                               of the semi annual report
                                                                                                                               specified in
                                                                                                                               51.166(w)(14)(i)(c).
                                                                                                                              See footnote 1.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnote 1: We are proposing to approve this new rule in Regulation No. 3 because the rule is identical or consistent with the Federal New Source Review
  regulations found at 40 CFR 51.165 and 51.166 and contain no changes to the language that would effect the meaning of the rule.
Footnote 2: We are proposing to approve this change of an existing Regulation No. 3 rule because the rule has only been renumbered, contains
  nonsubstantive changes to the rule that do not effect the meaning of the rule and/or has been modified to move a definition that has already been
  approved into the SIP to a specific rule section in which the definition applies. This renumbered rule and all subsections within this rule supersede
  and replace the prior numbered rule and subsections in Colorado's federally approved SIP.
Footnote 3: Colorado has marked this part of the definition of Major Modification as underlined, meaning that the State intends it will only be
  effective until EPA approves the NSR Reform revisions for incorporation into the SIP. Colorado has since clarified that they intended that this
  provision remain as part of the definition of Major Modification as it applies to PSD sources located in attainment areas only, consistent with 40 CFR
  51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior to EPA taking final action, EPA proposes to approve this
  addition to the definition of Major Modification into the SIP.
Footnote 4: Colorado's SIP submittal deletes the following language in D-II.A.25.b from what is in the current codified SIP definition of Major
  Stationary Source (at A-I.B.58.a.):

[[Page 72756]]

 
In the Denver Metro PM10 nonattainment area, sulfur dioxide and nitrogen oxides shall be treated as PM10 precursors, and any source which is major for
  these precursors is subject to the nonattainment new source review provisions. Additionally, a source causing or contributing to a violation of a
  NAAQS for any pollutant regulated under Section 110 of the Federal Act shall be considered major when it has the potential to emit 100 tons per year
  or more of that pollutant. The source will be considered to cause or contribute to a violation when the source exceeds the significance levels in the
  table under Section IV.D.3.d(ii), Part B. Such source is subject to the requirements of IV.D.3.
Colorado's deletion of the first sentence that refers to the Denver Metro PM10 nonattainment area could be proposed for approval by EPA since the Denver
  Metro area is now in attainment for PM-10. However, EPA is not proposing to approve D-II.A.25.b into the SIP at this time because of the deletion of
  the remaining language in the second and third sentences. Colorado has not provided a justification for the deletion of the second and third
  sentences. These sentences appear to provide a link between Colorado's use of the phrase ``significantly affect ambient air quality'', as used in D-
  VI.D.1. of Regulation No. 3, and the phrase ``cause or contribute to a violation of any NAAQS'', as used in 40 CFR 51.165(b)(1). If Colorado revises
  Regulation No. 3 to add this deleted language back into the definition of Major Stationary Source prior to EPA taking final action, EPA proposes to
  approve this part of the definition of Major Stationary Source into the SIP. Otherwise the currently codified SIP language that is part of the
  definition of Major Stationary Source at A-I.B.58.a. will remain in the SIP.
Footnote 5: EPA has discussed with the Colorado Department of Public Health and Environment (CDPHE) on how it intends to implement provisions D-V.A.7.c.
  and D-VI.B.5. without the terms ``reasonable possibility'' included as part of these provisions. CDPHE's intent is that Colorado will implement the
  rule consistently with EPA's policy and guidance. Additionally, CDPHE provided a letter to EPA dated Nov 28, 2005 that stated their intent is to also
  ``request that the Commission make any revisions to Regulation No. 3 necessary to incorporate and implement federal program revisions should it be
  necessary for EPA to take further action on the remand of the Code of Federal Regulations, Title 40, sections 51.165(a)(6) and 51.166(r)(6).''
  Therefore, EPA proposes to approve Colorado's rule without the terms ``reasonable possibility'' since Colorado will be implementing this rule
  provision in a manner consistent with EPA.


[[Page 72757]]

IV. What Action Is EPA Taking Today?

    EPA is proposing to approve portions of Colorado's revisions to 
Regulation No. 3, submitted by Colorado on July 11, 2005 and October 
25, 2005, that relate to the PSD and NSR construction permits program. 
These revisions meet the minimum program requirements of the December 
31, 2002, EPA NSR Reform rulemaking. EPA will take action at a later 
date on the remaining revisions made by Colorado to Regulation No. 3 as 
adopted on April 16, 2004 by the Colorado Air Quality Control 
Commission. This future action will allow EPA to consider the complete 
Regulation No. 3 restructuring and other previously submitted SIP 
revision requests for Regulation No. 3.

V. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it 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).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (59 FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have federalism implications because it 
does not have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely proposes to approve a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

Executive Order 13045 Protection of Children From Environmental Health 
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
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: November 28, 2005.
Max H. Dodson,
Acting Regional Administrator, Region 8.
[FR Doc. 05-23712 Filed 12-6-05; 8:45 am]
BILLING CODE 6560-50-P


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