 PRIVATE  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 8

999 18TH STREET- SUITE 200

DENVER, CO   80202-2466

Phone 800-227-8917

http://www.epa.gov/region08

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	Ref:  8P-AR

	Date:  September 28, 2006

  SEQ CHAPTER \h \r 1 MEMORANDUM

SUBJECT:	Conference Call with Environmental Groups Regarding Submitted
Adverse Comments Concerning the Denver Early Action Compact (EAC) –
Ref. 71 FR 45492, August 9, 2006

FROM:	Timothy J. Russ

		Environmental Scientist

		USEPA Region 8

TO:		Docket:  EPA-HQ-OAR-2003-0090

	 A conference call was held on September 27, 2006 with members of
Environmental Defense, American Lung Association, and Sierra Club and
management/staff from EPA’s Office of Air Quality Planning and
Standards (OAQPS), Office of General Counsel (OGC), Region 8’s Air
Program, and Region 8’s Office of Regional Counsel (ORC) to discuss
concerns expressed by the above environmental organizations, in their
letter to the docket dated September 8, 2006, regarding EPA’s proposed
rule of August 9, 2006 to defer the Denver EAC’s effective date of
nonattainment to April 15, 2008.

	Major concern was EPA’s proposal to grant the April 15, 2008 deferred
effective date for the Denver EAC while the Colorado Air Quality Control
Commission (AQCC) was currently engaged in rulemaking activities
involving revisions to section XII of Colorado’s Regulation No. 7.  If
approved by the AQCC and Colorado Legislature, these revisions to
Regulation No. 7 would require additional volatile organic compound
(VOC) emission reductions from oil and gas facilities that are located
in the Denver EAC area.  Final rulemaking action by the AQCC would not
happen until at least November 16, 2006 and not until early 2007 by the
State Legislature.  To accommodate this concern, EPA distributed via
e-mail and discussed, with the above environmental organizations, the
timeframe below for possible action by EPA on the Denver EAC effective
date deferral:

State process for the Reg 7 section XII SIP revisions:

August 17, 2006 – Colorado Air Quality Control Commission (AQCC)
proposed for public comment revisions to Reg. 7 to address emissions
from the oil and gas industry 

November 16, 2006 – completion of 90-day public process including a
public hearing will occur which may be directly followed by a final
adoption by the AQCC (if necessary, the AQCC could continue the public
hearing into their December, 2006 meeting and take final action then)

If the AQCC takes final action in November or December 2006, then the
Reg 7 SIP revisions will be posted for Legislative review for 30 days
beginning January 15, 2007.  (NOTE - The Colorado Legislature is only in
session the first week of January through the first week of May each
year.)

 

February 15, 2007- If by this date no Legislator asks to review the Reg
7 SIP revisions, they are automatically approved

February 15, 2007 through possibly early May 2007 - If a Legislator asks
for a review, then the Reg 7 SIP revisions must undergo the entire
legislative process (committee review/approval. etc.) and be attached to
a Bill for action and approval by the full Legislature.   During this
process, the Reg 7 section XII SIP revisions could be modified or
amended and then approved by the Legislature.

Potential Deferred Effective Date Rulemaking timeline by EPA for the
Denver EAC:

Timing:   EPA proceeds with a final rule in November, 2006 that would
grant a deferred effective date to July 1, 2007 for the Denver EAC.  If
Colorado adopts Reg. 7, EPA anticipates that it would undertake
rulemaking to determine whether to extend the deferred effective date
beyond July 1, 2007. A likely schedule for such rulemaking is: 

March 1, 2007, EPA proposes whether to extend the final deferred
effective date for the Denver EAC to April 15, 2008.  This opens a
30-day comment period.

April 1, 2007 – comment period closes

April 2007 – evaluate comments

May 1, 2007 – EPA prepares final rule and starts concurrence process

May  25, 2007 – Administrator’s signature on rule

June 1, 2007 – publication w/ 30-day effective date

The above scenario would allow both the AQCC and Colorado Legislature to
complete their respective functions and also allow EPA appropriate
amount of time to complete rulemaking the rules adopted by Colorado.

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