[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Proposed Rules]
[Pages 66985-66987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24076]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0612; FRL-10300-01-R8]


Approval and Promulgation of Implementation Plans; Colorado; 
Revisions to Colorado Code of Regulations; Regulation Number 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to Regulation Number 3 of the Colorado Code of 
Regulations (CCR) submitted to the EPA by the State of Colorado on 
March 22, 2021. These revisions reflect changes made by the State to 
update dates of incorporation by reference of sections of the Code of 
Federal Regulations (CFR) related to Global Warming Potentials (GWPs). 
The revisions also include updated references to other sections of the 
CCR that were previously moved to a new location as well as changes to 
Regulation 3 to reflect digitalization of public notice and comment 
procedures. The EPA is taking this action pursuant to the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before December 7, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0612, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.regulations.gov. The EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Matthew Lang, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6709, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

[[Page 66986]]

I. Background

    On March 22, 2021, the State of Colorado submitted SIP revisions to 
EPA for approval which included Serious ozone nonattainment area 
required elements for the Denver Metro/North Front Range nonattainment 
area, conformity related revisions, and revisions to Regulation Number 
3 and Regulation Number 7 of the CCR. In this action we are solely 
addressing the submitted revisions to Regulation 3. All other 
components of the March 22, 2021 submittal are not being addressed in 
this rulemaking. The revisions that are the subject of this proposed 
rule include revisions to Regulation 3, Parts A (Concerning General 
Provisions Applicable to Reporting and Permitting), Part B (Concerning 
Construction Permits) and Part D (Concerning Major Stationary Source 
New Source Review and Prevention of Significant Deterioration) and are 
described further in section II of this preamble. Revisions to 
Regulation 3, Part C that are included in the State's submittal are 
included for completeness and are not being proposed for approval into 
the Colorado SIP by the EPA since Regulation 3, Part C is not included 
in the SIP. Therefore, the revisions to Regulation 3, Part C that are 
included in the State's submittal are not being addressed in this 
action.

II. The EPA's Evaluation

    On March 22, 2021, the State of Colorado submitted revisions titled 
``Regulation Number 3, Regulation Number 7, Air Quality Standards, 
Designations and Emission Budgets, and Ozone State Implementation Plan 
Element.'' \1\ Colorado met the reasonable notice and public hearing 
requirements of CAA section 110(l) for these revisions through 
reasonable notice published on September 26, 2020, in the Denver Post, 
and a public hearing held on December 16-18, 2020.\2\
---------------------------------------------------------------------------

    \1\ Letter dated March 22, 2021, From Jill Hunsaker Ryan, 
Executive Director, CDPHE, to Deb Thomas, Acting Regional 
Administrator, EPA, Region 8 (``CO SIP Revision'').
    \2\ CO SIP Revision, Document Set 1, Attachments 2 and 5.
---------------------------------------------------------------------------

A. Revisions to Regulation 3, Part A (General Provisions Applicable to 
Reporting and Permitting)

Sections 1.B.10 and 1.B.44.b(i)
    In the submitted revisions, the date of incorporation by reference 
of Table A-1--Global Warming Potentials at 40 CFR part 98, subpart A 
was updated to reflect revisions made to Table A-1 by the EPA on 
December 11, 2014.\3\ The previous date of incorporation by reference 
of November 29, 2013, is replaced with December 11, 2014, by the 
State's submitted revisions in both sections 1.B.10 and 1.B.44.b(i). No 
other revisions to Regulation 3, Part A were submitted.
---------------------------------------------------------------------------

    \3\ CO SIP Revision, Document Set 4, Attachment 2, Pages 1-2.
---------------------------------------------------------------------------

B. Revisions to Regulation 3, Part B (Construction Permits)

Sections III.C.1.e, III.C.4, and III.D.1
    The State's submitted revisions to Regulation 3, Part B include 
several grammatical revisions, an updated reference to Regulation 23 
regarding sources submitting applications for a Best Available Retrofit 
Technology (BART) determination or BART alternative, and revisions to 
public comment procedures under Part B.\4\ The updated reference 
reflects the move of regional haze provisions from Regulation 3, Part F 
to Regulation 23. The grammatical revisions and updated reference are 
clerical in nature and do not substantively change these sections of 
Regulation 3, Part B. In addition to these clerical revisions, the 
State's submittal also included revisions to the public comment 
procedures contained in sections III.C.4 and III.D.1 of Part B. The 
revisions to section III.C.4 clarify that the Colorado Air Pollution 
Control Division (APCD) may provide the county clerk of the county in 
which a source is, or will be located, with copies of construction 
permit applications, the preliminary analysis, and the draft permit or 
information on how to access digital versions of these documents. The 
revisions describe that such documents provided directly to the county 
clerk may be in digital or hard copy format. The revisions to section 
III.C.4 further clarify that when the APCD sends electronic notice to 
persons requesting notice of permit applications subject to public 
notice requirements that such electronic notice may include email 
notification to persons on an email list maintained by the APCD. The 
revision to section III.D.1, which outlines the timeframes that the 
APCD will grant permits, clarifies that sources subject to the 
provisions of Part D, section V and VI are those sources described in 
the section that may require a public comment hearing.
---------------------------------------------------------------------------

    \4\ CO SIP Revision, Document Set 4, Attachment 2, Pages 3-5.
---------------------------------------------------------------------------

C. Revisions to Regulation 3, Part D (Concerning Major Stationary 
Source New Source Review and Prevention of Significant Deterioration)

Sections II.A.11.a(viii), IV.A, IV.A.1, and IV.A.7
    The State's submitted revisions to Regulation 3, Part D include 
clarifying revisions to public notice and comment procedures for New 
Source Review (NSR) permit applications as well as revisions which 
update language to align with corresponding federal language.\5\ In 
sections II.A.11.a.(viii), IV.A, IV.A.1, and IV.A.7 of Part D, language 
that requires filing of permit related materials with the county clerk 
is removed. This removed language relating to the availability of 
permit related materials is replaced with newly added language in 
section IV.A of Part D detailing how the APCD will make available in at 
least one location in each region in which a proposed source would be 
constructed, copies of all materials submitted by an applicant, a copy 
of the preliminary permit determination, and a copy or summary of other 
material, if any, that were considered in making the preliminary 
determination. Additionally, the revisions to section IV.A describe 
that this requirement may be met by making such materials available at 
a physical location or on a public website identified by the APCD. The 
language added to section IV.A aligns with the language found at 40 CFR 
51.166(q)(2)(ii). The submitted revisions to section IV.A also clarify 
that the APCD will send written or electronic notice to persons 
requesting notice of permit applications and that this notice may 
include email notification to persons on an email list developed and 
maintained by the APCD. Following a final decision on a permit 
application subject to Part D, additional revisions to Part D, section 
IV.A.7 require that the APCD make available for public inspection the 
decision and all public comments in accordance with the defined 
notification procedure in section IV.A. Finally, the state submittal 
includes a clerical revision to the title of Regulation 3, Part D 
section IV to reflect that this section describes public hearing 
requirements in addition to public comment requirements.
---------------------------------------------------------------------------

    \5\ CO SIP Revision, Document Set 4, Attachment 2, Pages 12-14.
---------------------------------------------------------------------------

III. Proposed Action

    We are proposing to approve the revisions submitted by the State of 
Colorado on March 22, 2021, to Regulation 3, Parts A, B and D because

[[Page 66987]]

the specific revisions that are the subject of this action do not 
interfere with attainment or maintenance of any of the NAAQS and would 
not interfere with any other applicable requirement of the CAA and are 
therefore approvable under CAA 110(l) and 40 CFR 51.160-166. 
Specifically, we are approving the previously described revisions to 
sections 1.B.10 and 1.B.44.b(i) of Part A, sections III.C.1.e, III.C.4, 
and III.D.1 of Part B, and sections II.A.11.a(viii), IV.A, IV.A.1, and 
IV.A.7 of Part D. The EPA is soliciting public comments on the 
revisions discussed in this document. The EPA will consider any 
comments before taking final action.

IV. Incorporation by Reference

    In this document, the EPA is proposing to include regulatory text 
in an EPA final rule that includes incorporation by reference. In 
accordance with requirements of 1 CFR 51.5, the EPA is proposing to 
incorporate by reference the revisions described in sections II.A, II.B 
and II.C of this preamble. The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and at 
the EPA Region 8 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the proposed rule does not have tribal implications and will 
not impose substantial direct costs on tribal governments or preempt 
tribal law as specified by Executive Order 13175 (65 FR 67249, November 
9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

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

    Dated: October 30, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-24076 Filed 11-4-22; 8:45 am]
BILLING CODE 6560-50-P


