[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: [email protected].
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, [email protected].
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
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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]
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