[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74060-74066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26291]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0857; FRL-10410-01-R8]


Air Plan Conditional Approval; Colorado; Revisions to Regulation 
Number 7 and RACT Requirements for 2008 8-Hour Ozone Standard for the 
Denver Metro/North Front Range Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 
conditional approval of portions of State Implementation Plan (SIP) 
revisions to Colorado Air Quality Control Commission (Commission or 
AQCC) Regulation Number 7 (Reg. 7), which address Colorado's SIP 
obligation to require reasonably available control technology (RACT) 
for sources covered by the 2008 miscellaneous metal and plastic parts 
coatings (miscellaneous metal coatings) control techniques guidelines 
(CTG) and major source nitrogen oxides (NOX) for Moderate 
nonattainment areas under the 2008 ozone National Ambient Air Quality 
Standard (NAAQS). These revisions address all of the remaining pieces 
of the May 31, 2017 and May 10, 2019 submittals that we have not 
previously acted on. The EPA is taking this action pursuant to the 
Clean Air Act (CAA).

DATES: Written comments must be received on or before January 3, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0857, 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 http://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: Abby Fulton, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, telephone number: (303) 312-6563, email address: 
[email protected].

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

I. What action is the EPA proposing to take?

    As explained below, the EPA is proposing to conditionally approve 
into the SIP certain Reg. 7 rules as meeting the 2008 8-hour ozone 
NAAQS miscellaneous metal coatings CTG \1\ and major source 
NOX RACT requirements for the Moderate Denver Metro/North 
Front Range (DMNFR) Area. The rules that are the subject of this action 
were not acted on in our July 3, 2018,\2\ February 24, 2021,\3\ 
November 5, 2021 \4\ rulemakings. This proposed conditional approval is 
based on the State's commitment to make specified further revisions to 
these rules, and submit them for approval into the SIP, to address 
deficiencies identified in the State's May 31, 2017 and May 10, 2019 
submittals.
---------------------------------------------------------------------------

    \1\ Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available 
at https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P1001JAL.txt.
    \2\ Final Rule, Approval and Promulgation of State 
Implementation Plan Revisions; Colorado; Attainment Demonstration 
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front 
Range Nonattainment Area, and Approval of Related Revisions, 83 FR 
31068, 31069-31072.
    \3\ Final Rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7 and RACT 
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126 -11127.
    \4\ Final Rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil 
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone 
Standard for the Denver Metro/North Front Range Nonattainment Area, 
86 FR 61071, 61072.
---------------------------------------------------------------------------

    Under section 110(k)(4) of the CAA, the EPA may conditionally 
approve a plan based on a commitment from a state to adopt specific 
enforceable measures by a date certain no later than one year from the 
date of approval. The conditionally approved provisions are a part of 
the SIP and thus are federally enforceable as of the effective date of 
the final conditional approval. If the EPA conditionally approves the 
identified Reg. 7 rules, the State must meet its commitment to submit 
the necessary SIP revisions to the EPA by June 30,

[[Page 74061]]

2023. If the State fails to do so, this action will automatically 
become a disapproval on that date. If the State submits timely SIP 
revisions but the EPA finds the SIP submittal to be incomplete, this 
action will become a disapproval on the date of the EPA's 
incompleteness finding. In either case, the EPA will notify the State 
by letter that the conditional approval has converted to a disapproval, 
and as of the date of that notification the conditionally approved 
measures will no longer be a part of the approved Colorado SIP. The EPA 
subsequently will publish a document in the Federal Register notifying 
the public that the conditional approval converted to a disapproval.
    If the State submits the necessary SIP revisions by June 30, 2023, 
the conditionally approved provisions will remain a part of the SIP 
until the EPA approves or disapproves the new SIP revisions through 
notice-and-comment rulemaking. If the EPA takes final action approving 
the new revisions into the SIP, in the same final action the EPA will 
also convert the conditional approval to a full approval by making 
appropriate revisions to the description of the SIP in the Code of 
Federal Regulations. If the EPA disapproves the new SIP revisions, the 
conditional approval will convert to a disapproval, and the 
conditionally approved provisions will no longer be a part of the 
approved Colorado SIP.
    Any conditional approval action that converts to a disapproval will 
start an 18-month clock for application of mandatory sanctions under 
CAA section 179(b) and a two-year clock for the EPA to promulgate a 
Federal implementation plan under CAA section 110(c)(1). The basis for 
our proposed action is discussed in this proposed rulemaking. Technical 
information that we are relying on, as well as the State's October 13, 
2022 commitment letter, is in the docket, available at https://www.regulations.gov, Docket No. EPA-R08-OAR-2022-0857.

II. Background

2008 8-Hour Ozone NAAQS Nonattainment

    On March 12, 2008, the EPA revised both the primary and secondary 
NAAQS for ozone to a level of 0.075 parts per million (ppm) (based on 
the annual fourth-highest daily maximum 8-hour average concentration, 
averaged over 3 years), to provide increased protection of public 
health and the environment.\5\ The 2008 ozone NAAQS retains the same 
general form and averaging time as the 0.08 ppm NAAQS set in 1997, but 
is set at a more protective level. Specifically, the 2008 8-hour ozone 
NAAQS is attained when the 3-year average of the annual fourth-highest 
daily maximum 8-hour average ambient air quality ozone concentrations 
is less than or equal to 0.075 ppm.\6\ Effective July 20, 2012, the EPA 
designated as nonattainment any area that was violating the 2008 8-hour 
ozone NAAQS based on the three most recent years (2008-2010) of air 
monitoring data.\7\ With that rulemaking, the DMNFR was designated 
nonattainment and classified as Marginal.\8\ Ozone nonattainment areas 
are classified based on the severity of their ozone levels, as 
determined using the area's design value. The design value is the 3-
year average of the annual fourth highest daily maximum 8-hour average 
ozone concentration at a monitoring site.\9\ Areas designated as 
nonattainment at the Marginal classification level were required to 
attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based 
on 2012-2014 monitoring data.\10\
---------------------------------------------------------------------------

    \5\ Final rule, National Ambient Air Quality Standards for 
Ozone, 73 FR 16436 (March 27, 2008). The EPA has since further 
strengthened the ozone NAAQS, but the 2008 8-hour standard remains 
in effect. See Final Rule, National Ambient Air Quality Standards 
for Ozone, 80 FR 65292 (Oct. 26, 2015).
    \6\ 40 CFR 50.15(b).
    \7\ Final rule, Air Quality Designations for the 2008 Ozone 
National Ambient Air Quality Standards, 77 FR 30088 (May 21, 2012).
    \8\ Id. at 30110. The nonattainment area includes Adams, 
Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson 
Counties, and portions of Larimer and Weld Counties. See 40 CFR 
81.306.
    \9\ 40 CFR part 50, appendix I.
    \10\ See 40 CFR 51.903.
---------------------------------------------------------------------------

    On May 4, 2016, the EPA published its determination that the Denver 
Area, among other areas, had failed to attain the 2008 8-hour ozone 
NAAQS by the attainment deadline, and that it was accordingly 
reclassified to Moderate ozone nonattainment status.\11\ Colorado 
submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver 
Area's requirements under the Moderate classification.\12\ The EPA took 
final action on July 3, 2018, approving the majority of the May 31, 
2017 submittal, but deferring action on portions of the submitted Reg. 
7 RACT rules.\13\ On February 24, 2021, the EPA took final action 
approving additional measures as addressing Colorado's RACT SIP 
obligations for Moderate ozone nonattainment areas.\14\ Areas that were 
designated as Moderate nonattainment were required to attain the 2008 
8-hour ozone NAAQS no later than July 20, 2018, based on 2015-2017 
monitoring data.\15\ On December 26, 2019, the EPA published its 
determination that the Denver Area, among other areas, had failed to 
attain the 2008 8-hour ozone NAAQS by the attainment deadline, and that 
it was accordingly reclassified to Serious ozone nonattainment 
status.\16\
---------------------------------------------------------------------------

    \11\ Final rule, Determinations of Attainment by the Attainment 
Date, Extensions of the Attainment Date, and Reclassification of 
Several Areas for the 2008 Ozone National Ambient Air Quality 
Standards, 81 FR 26697 (May 4, 2016).
    \12\ CAA section 182, 42 U.S.C. 7511a, outlines SIP requirements 
applicable to ozone nonattainment areas in each classification 
category. Areas classified Moderate under the 2008 8-hour ozone 
NAAQS had a submission deadline of January 1, 2017 for these SIP 
revisions (81 FR at 26699).
    \13\ 83 FR 31068.
    \14\ 86 FR 11125.
    \15\ See 40 CFR 51.903.
    \16\ Final rule, Finding of Failure To Attain and 
Reclassification of Denver Area for the 2008 Ozone National Ambient 
Air Quality Standard, 84 FR 70897 (Dec. 26, 2019); see 40 CFR 
81.306.
---------------------------------------------------------------------------

III. Summary of the State's SIP Submittals

    We are proposing to take action on Colorado SIP submittals made on 
two different dates:

May 31, 2017 Submittal

    This submittal contains the State's Moderate ozone attainment plan 
for the 2008 8-hour ozone NAAQS, including RACT requirements for 100 
tons per year (tpy) major sources of VOC and/or NOX and for 
sources subject to a CTG.
    We have previously acted on all parts of this SIP submittal except 
for the State's determination for the miscellaneous metal coatings CTG 
and major source NOX RACT, as to which we are now proposing 
conditional approval.

May 10, 2019 Submittal

    This submittal contains amendments to Reg. 7 that establish 
categorical RACT requirements for major sources of NOX in 
the DMNFR Area that emit 100 tpy or more. Specifically, on July 19, 
2018 the AQCC adopted RACT requirements for boilers, stationary 
combustion turbines, lightweight aggregate kilns, glass melting 
furnaces, and compression ignition reciprocating internal combustion 
engines (collectively referred to as ``stationary combustion 
equipment'') located at major sources of NOX.\17\ We have 
previously acted on all parts of this SIP submittal except for 
revisions to Reg. 7, Part E, Section II.A.4.d., concerning glass 
melting

[[Page 74062]]

furnaces, as to which we are now proposing conditional approval.
---------------------------------------------------------------------------

    \17\ On June 29, 2018, the EPA provided comments on Colorado's 
revised draft ozone SIPs for the DMNFR Area, including the TSD and 
rules in Reg.7, Section XVI.D.4. These written comments from the EPA 
included some comments applicable to the rules we are proposing to 
act on in this document. The comment letters can be found within the 
docket for this action on www.regulations.gov.
---------------------------------------------------------------------------

IV. Procedural Requirements

    The CAA requires that states meet certain procedural requirements 
before submitting SIP revisions to the EPA, including the requirement 
that states adopt SIP revisions after reasonable notice and public 
hearing.\18\ For the May 31, 2017 submittal, the AQCC provided notice 
in the Colorado Register on August 10, 2016,\19\ and held a public 
hearing on the SIP revisions on November 17, 2016. The Commission 
adopted the SIP revisions on November 17, 2016. The SIP revisions 
became state-effective on January 14, 2017.
---------------------------------------------------------------------------

    \18\ CAA section 110(a)(2), 42 U.S.C. 7410(a)(2).
    \19\ 39 CR 15, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=08/10/2016.
---------------------------------------------------------------------------

    For the May 10, 2019 submittal, the AQCC provided notice in the 
Colorado Register on May 10, 2018,\20\ and held a public hearing on the 
revisions on July 19, 2018. The Commission adopted the SIP revisions on 
July 19, 2018. The SIP revisions became state-effective on September 
14, 2018.
---------------------------------------------------------------------------

    \20\ 41 CR 9, available at https://www.sos.state.co.us/CCR/RegisterPdfContents.do?publicationDay=05/10/2018.
---------------------------------------------------------------------------

    Accordingly, we propose to find that Colorado met the CAA's 
procedural requirements for reasonable notice and public hearing.

V. Reasonably Available Control Technology (RACT) Analysis

A. Background

    Section 172(c)(1) of the CAA requires that SIPs for nonattainment 
areas ``provide for the implementation of all reasonably available 
control measures as expeditiously as practicable (including such 
reductions in emissions from existing sources in the area as may be 
obtained through the adoption, at a minimum, of reasonably available 
control technology).'' The EPA has defined RACT as ``[t]he lowest 
emissions limitation that a particular source is capable of meeting by 
the application of control technology that is reasonably available 
considering technological and economic feasibility.'' \21\ The EPA 
provides guidance concerning what types of controls may constitute RACT 
for a given source category by issuing CTG and Alternative Control 
Techniques (ACT) documents.\22\ States must submit a SIP revision 
requiring the implementation of RACT for each source category in the 
area for which the EPA has issued a CTG, and for any major source in 
the area not covered by a CTG.\23\
---------------------------------------------------------------------------

    \21\ General Preamble for Proposed Rulemaking on Approval of 
Plan Revisions for Nonattainment Areas--Supplement (on Control 
Techniques Guidelines), 44 FR 53761 (Sep. 17, 1979).
    \22\ See https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques for 
a list of EPA-issued CTGs and ACTs.
    \23\ See CAA section 182(b)(2), 42 U.S.C. 7511a(b)(2)); see also 
Note, RACT Qs & As--Reasonably Available Control Technology (RACT): 
Questions and Answers, William Harnett, Director, Air Quality Policy 
Division, EPA (May 2006), available at https://www.regulations.gov/document/EPA-R08-OAR-2020-0114-0008.
---------------------------------------------------------------------------

    For a Moderate, Serious, or Severe area a major stationary source 
is one that emits, or has the potential to emit, 100, 50, or 25 tpy or 
more, respectively, of VOCs or NOX.\24\ Accordingly, for the 
DMNFR Serious nonattainment area, a major stationary source is one that 
emits, or has the potential to emit, 50 tpy or more of VOCs or 
NOX. RACT can be adopted in the form of emission limitations 
or ``work practice standards or other operation and maintenance 
requirements,'' as appropriate.\25\
---------------------------------------------------------------------------

    \24\ See CAA sections 182(b), 182(c), 182(d), 182(f)(1), and 
302(j).
    \25\ See Memorandum, ``Approval Options for Generic RACT Rules 
Submitted to Meet the non-CTG VOC RACT Requirement and Certain 
NOX RACT Requirements,'' Sally Shaver, Director, Air 
Quality Strategies & Standards Division, EPA (Nov. 7, 1996), 
available at https://www.epa.gov/sites/production/files/2016-08/documents/shavermemogenericract_7nov1996.pdf.
---------------------------------------------------------------------------

    As part of its May 31, 2017 Moderate ozone attainment plan, the 
Division conducted RACT analyses to demonstrate that the RACT 
requirements for CTG and major sources in the DMNFR Area had been 
fulfilled. The Division conducted these RACT analyses for VOC and 
NOX by listing state regulations implementing or exceeding 
RACT requirements for each CTG or non-CTG category at issue, and by 
detailing the basis for concluding that these regulations fulfilled 
RACT, through comparison with established RACT requirements described 
in the CTG and ACT guidance documents and rules developed by other 
state and local agencies. The EPA approved the majority of the State's 
CTG RACT analysis on July 3, 2018.\26\
---------------------------------------------------------------------------

    \26\ See 83 FR 31068. A negative declaration as to RACT for 
sources covered by the aerospace CTG was approved on November 5, 
2021 (86 FR 61071). Colorado's RACT demonstrations for sources 
covered by the industrial cleaning solvents, metal furniture 
coatings (2007), and wood furniture CTGs were approved on February 
24, 2021 (86 FR 11127); and the state's RACT demonstration for 
sources covered by the oil and gas CTG was conditionally approved on 
May 13, 2022 (87 FR 29228).
---------------------------------------------------------------------------

    In July 2018, the Commission adopted categorical RACT requirements 
for combustion equipment at major sources under the Moderate 
classification that the Commission had determined in 2016 were not 
addressed by SIP RACT requirements. In November 2019, the Commission 
adopted SIP requirements to include provisions that implement RACT for 
certain CTG VOC source categories in the DMNFR Area. Specifically, the 
Commission adopted categorical RACT requirements for industrial 
cleaning solvent and metal furniture surface coating operations. The 
EPA approved these revisions on February 24, 2021.\27\
---------------------------------------------------------------------------

    \27\ 86 FR 11127.
---------------------------------------------------------------------------

    The RACT submissions that we are now proposing to approve include 
those that we have not previously acted on that are addressing RACT for 
CTG and Moderate non-CTG VOC and NOX sources and categories. 
We previously deferred action on these pieces because we determined 
that Colorado's SIP revisions did not meet major source NOX 
RACT for the Moderate classification or miscellaneous metal coatings 
CTG RACT requirements. On October 14, 2022, Colorado submitted a letter 
\28\ to the EPA committing to correct the deficiencies through 
rulemaking in December 2022. The Colorado Air Pollution Control 
Division (Division) has proposed revisions that are consistent with the 
commitments in the letter.\29\ Based on the State's commitment to 
correcting the deficiencies identified by the EPA, and recognizing the 
substantial progress made toward fulfilling that commitment, we are now 
proposing conditional approval of the miscellaneous metal coatings CTG 
and major source NOX rules for which we previously deferred 
action.
---------------------------------------------------------------------------

    \28\ The letter is dated October 13, 2022 and was received on 
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS 
Serious SIP'' email from Jessica Ferko, Planning & Policy Program 
Manager, Colorado Department of Public Health and Environment (in 
the docket).
    \29\ See https://drive.google.com/drive/u/0/folders/1zwYGnKubclWxAcTwOCVhq6xAWlz1FppE.
---------------------------------------------------------------------------

B. Evaluation of RACT for Miscellaneous Metal Coatings Sources

    As part of its May 31, 2017 submittal, the Division determined that 
RACT for sources covered by the miscellaneous metal coatings CTG was 
met through existing Reg. 7 rules that were based on the EPA's 1978 
metal coatings CTG. The Division also submitted a negative declaration 
\30\ for the plastic parts coatings limits in Tables 3, 4, 8, and 9 of 
the 2008 miscellaneous metal coatings CTG.\31\ The EPA's 2008

[[Page 74063]]

miscellaneous metal coatings CTG recommends expanded coatings VOC 
content limits from four to fifty categories and work practices, 
application methods, and recordkeeping. In response to the EPA's 
concerns with Colorado's reliance on the EPA's 1978 Metal Coating CTG, 
Colorado revised the metal surface coating requirements in its May 10, 
2019 submittal. In a separate action, the EPA proposes to find that 
Colorado's submittal for sources subject to VOC coating categories in 
Tables 2 and 7 of the CTG in the DMNFR Area provides for the 
implementation of RACT.\32\ Additionally, the Division now has 
committed to adopting VOC content limits for motor vehicle materials 
reflected in Table 6 of the CTG and associated work practices in Reg. 
7, Part C, Section I.P.\33\ Finally, the Division is submitting a 
negative declaration for pleasure craft surface coatings in Table 5 of 
the CTG.
---------------------------------------------------------------------------

    \30\ States are not required to adopt RACT limits for source 
categories for which no sources exist in a nonattainment area, and 
can submit a negative declaration to that effect.
    \31\ See p. 6-3 of the Moderate ozone attainment plan, contained 
in the docket.
    \32\ Docket ID. EPA-R08-OAR-2022-0632.
    \33\ Colorado Commitment Letter Serious SIP--2008 Ozone NAAQS, 
Michael Ogeltree, Director, Air Pollution Control Division, Colorado 
Department of Public Health and Environment, Oct. 13, 2022 (in the 
docket for this action).
---------------------------------------------------------------------------

    The Division compared requirements for miscellaneous metal parts 
coatings to existing Colorado regulations, Federal rules, CTG 
requirements, information and determinations in the RACT/BACT/LAER 
Clearinghouse (RBLC), and other state requirements and regulations, and 
certified that Reg. 7 approved rules demonstrated RACT for 
Miscellaneous Metal Parts Coatings.\34\ We have reviewed Colorado's new 
and revised VOC rules for the categories covered by the miscellaneous 
metal coatings CTG and the demonstrations submitted by Colorado, and 
have compared the emission limitations and control requirements with 
those of the CTG, Federal rules, information and determinations in the 
RBLC, and other state requirements and regulations.\35\ As previously 
discussed, we approved the majority of the State's previous submittals 
as meeting RACT requirements. This proposal is not intended to reopen 
or revisit any aspect of previous final rules. Section VI includes a 
detailed discussion of the rules that the EPA is proposing to take 
action on here. A summary of past actions as they relate to CTG VOC 
coating categories and limits is contained in Table 1 of this action.
---------------------------------------------------------------------------

    \34\ See p. 6-4 and Appendix 6-B on p. 6-19 of Colorado's 2008 
Ozone Moderate Area Attainment Plan for the DMNFR.
    \35\ See the May 2021 EPA TSD included in the docket for this 
action.
    \36\ Docket ID. EPA-R08-OAR-2022-0632.
    \37\ Id.

             Table 1--CTG Coating Categories and EPA Actions
------------------------------------------------------------------------
                                  Colorado submittal
     CTG coating categories              date             EPA action
------------------------------------------------------------------------
Table 2. Metal Parts and          May 10, 2019......  Proposed Approval
 Products VOC Content Limits.                          Anticipated
                                                       2022.\36\
Table 3. Plastic Parts and        May 31, 2017        Approved 83 FR
 Products VOC Content Limits.      (Negative           31068.
                                   declaration).
Table 4. Automotive/              May 31, 2017        Approved 83 FR
 Transportation and Business       (Negative           31068.
 Machine Plastic Parts VOC         declaration).
 Content Limits.
Table 5. Pleasure Craft Surface   Anticipated by      Conditional
 Coating VOC Content Limits.       June 30, 2023       Approval.
                                   (Negative
                                   declaration).
Table 6. Motor Vehicle Materials  Anticipated by      Conditional
 VOC Content Limits.               June 30, 2023.      Approval.
Table 7. Metal Parts and          May 10, 2019......  Proposed Approval
 Products VOC Emission Rate                            Anticipated
 Limits.                                               2022.\37\
Table 8. Plastic Parts and        May 31, 2017        Approved 83 FR
 Products VOC Emission Rate        (Negative           31068.
 Limits.                           declaration).
Table 9. Automotive/              May 31, 2017        Approved 83 FR
 Transportation and Business       (Negative           31068.
 Machine Plastic Parts VOC         declaration).
 Emission Rate Limits.
------------------------------------------------------------------------

C. Evaluation of RACT for Glass Melting Furnaces and Major Sources of 
NOX

    In preparing its RACT determinations, Colorado reviewed source 
permits, consulted with Division permitting and enforcement staff 
involved with each source, and consulted with the sources 
themselves.\38\ Colorado also considered control strategies identified 
in the CTGs, ACTs, RBLC, EPA's Menu of Control Measures, New Source 
Performance Standards (NSPS), emission guidelines, National Emission 
Standards for Hazardous Air Pollutants (NESHAP), and in Colorado's 
regulations.\39\ On May 10, 2019, Colorado submitted RACT rules in Reg. 
7 for glass melting furnaces located at major sources of NOX 
and VOCs (100 tpy or greater). Based on the EPA's concerns that the 
rules provided for an exemption from the NOX emission limit 
of 1.2 lbs/ton of glass pulled during periods when production fell 
below 35% maximum designed production,\40\ the Division has proposed 
revised rules that remove this exemption so that the NOX 
limit applies during all periods of operation, including abnormally low 
production, except during the initial startup of a new furnace or an 
existing furnace after a cold rebuild. During these events, which occur 
approximately every 10-20 years, natural gas fuel consumption of 
portable burners used to heat the main furnace(s) is limited and must 
be recorded and counted toward the existing annual limit for furnaces. 
Additionally, NOX emissions from the portable burners will 
count toward the existing annual ton per year NOX limit for 
the furnace. Once heating is switched over to the main furnace, 
NOX emissions must be monitored via a continuous emissions 
monitoring system/continuous emissions rate monitoring system (CEMS/
CERMS). Production data will be used to calculate the 30-day rolling 
average and ensure compliance with the 1.2 lbs NOX/ton of 
glass pulled limit. We therefore propose to find that the combination 
of emission limits in the revised provisions apply continuously during 
all modes of operation in line with CAA section 302(k).
---------------------------------------------------------------------------

    \38\ See Colorado's Technical Support Document for Reasonably 
Available Control Technology for Boilers, Turbines, Engines and 
Aggregate Kilns at Major NOX Sources in the DMNFR 
Nonattainment Area, July 2018. Available within the docket for this 
action.
    \39\ See id.
    \40\ See the EPA's June 29, 2018 comments on Colorado's revised 
draft ozone SIPs for the DMNFR Area, in the docket for this action.
---------------------------------------------------------------------------

    We have reviewed Colorado's new rules for glass melting furnaces 
located at major sources of VOC and NOX and the 
demonstrations submitted by

[[Page 74064]]

Colorado,\41\ and have compared the emission limitations and control 
requirements with those of Federal rules, consent decrees, information 
and determinations in the RBLC, and other state requirements and 
regulations.\42\ As previously discussed, we approved the majority of 
the State's previous submittals as meeting RACT requirements.\43\ We 
also anticipate proposing approval of additional major source RACT 
requirements in 2022.\44\ This proposal is not intended to reopen or 
revisit any aspect of previously approved rules. Section VI includes a 
detailed discussion of the rules that the EPA is proposing to take 
action on here.
---------------------------------------------------------------------------

    \41\ See Colorado's Technical Support Document for Reasonably 
Available Control Technology for Boilers, Turbines, Engines and 
Aggregate Kilns at Major NOX Sources in the DMNFR 
Nonattainment Area, July 2018. See also Colorado's Technical Support 
Document for Reasonably Available Control Technology for Major 
Sources Supporting the Denver Metro/North Front Range State 
Implementation Plan for the 2008 and 2015 8-Hour Ozone National 
Ambient Air Quality Standards, October 31, 2022. Available within 
the docket for this action.
    \42\ See the EPA TSD included in the docket for this action.
    \43\ 86 FR 11125 (Feb. 24, 2021).
    \44\ See docket ID. EPA-R08-OAR-2022-0632.
---------------------------------------------------------------------------

D. Proposed RACT Determination for Miscellaneous Metal Coatings CTG and 
Glass Melting Furnaces at Major Sources of NOX

    Based on our review, and as supported by the State's commitment to 
develop and submit additional VOC coating content limits and associated 
work practices, definitions, recordkeeping, and recording requirements 
for miscellaneous metals coatings and NOX emission limits 
for glass melting furnaces at major sources, we propose to 
conditionally approve the rules included in the State's commitment 
letter as meeting RACT requirements and providing for the lowest 
emission limitation through application of control techniques that are 
reasonably available considering technological and economic 
feasibility. Therefore, we propose to conditionally approve the rules 
noted above as satisfying CAA RACT requirements for the miscellaneous 
metal coatings CTG sources and glass melting furnaces in the DMNFR 
Area.\45\ For more information, see the Technical Support Document 
(TSD) for this action.
---------------------------------------------------------------------------

    \45\ See https://www.epa.gov/ground-level-ozone-pollution/ract-information.
---------------------------------------------------------------------------

VI. The EPA's Evaluation of SIP Control Measures in the October 13, 
2022 Commitment Letter

Reg. 7, Part C, Section I.P., Miscellaneous Metal Coatings

    Section I of Part C contains rules for surface coating operations. 
The revised Section I.P., Motor Vehicle Materials, applies to 
automotive coating facilities where the total actual VOC emissions from 
coatings, including cleaning activities, at the facility are greater 
than or equal to 2.7 tons per 12-month rolling period, before 
consideration of controls.
    Section I.P.2. adds new definitions associated with the 
requirements in I.P. Section I.P.4. includes new control requirements 
for automotive coating facilities including reducing VOC emissions with 
an emission control system having a control efficiency of 90% or 
greater or complying with the VOC content limits established in Tables 
3 of Section I.P. Owners and operators must use and follow application 
methods and work practice standards in Sections I.P.5 and 6 to reduce 
VOC emissions. These include the use of high-volume low-pressure spray, 
roller coat, and airless spray; storing all VOC-containing coatings, 
thinners, coating-related waste materials, cleaning materials, and used 
shop towels in closed containers; and minimizing VOC emissions from 
cleaning of application, storage, mixing, and conveying equipment by 
cleaning equipment without atomizing the cleaning solvent and capturing 
spent solvent in closed containers. Section I.P.7. contains 
recordkeeping requirements to demonstrate compliance with Section I.P. 
Records must be maintained for a minimum of five years and made 
available to the Division upon request.
    A detailed review of Section I.P. is in the TSD for this action. We 
propose to find that the provisions in Section I.P. are consistent with 
CAA requirements, represent RACT for the emission limits in Table 6 
``Motor Vehicle Materials VOC Content Limits'' of the 2008 
Miscellaneous Metal Parts and Products CTG, and that they strengthen 
the SIP. We therefore propose to conditionally approve the revisions in 
Part C, Section I.P.

Reg. 7, Part E, Section II.A.4.d. Glass Melting Furnaces

    Section II of Part E contains rules for the control of emissions 
from stationary and portable combustion equipment in the DMNFR Area. 
The Commission revised this section of Reg. 7 to include provisions in 
the SIP that require the implementation of RACT for glass melting 
furnaces at major sources of NOX emissions in Section 
II.A.4.d. Affected sources must comply with a limit of 1.2 pounds of 
NOX per ton of glass pulled on a 30-production-day rolling 
average. For periods when no glass is pulled, NOX mass 
emissions must be calculated and included in the annual mass emissions 
totals for the furnace. Section II.A.4.d.(ii)(A) limits portable burner 
fuel use to 8 million standard cubic feet of natural gas during the 
initial heating phase following an original construction or refractory 
brick replacement or repair project. NOX emissions from the 
use of portable burners must be calculated using the process described 
in Section II.A.4.d.(ii)(A). SIP-approved Section II.A.5.c.(i)(A) \46\ 
requires continuous emission monitoring to monitor compliance with the 
applicable emission limit. Records and reporting requirements to 
demonstrate compliance with Section II.A.4.d. controls are included in 
SIP-approved Sections II.A.7 and 8.\47\
---------------------------------------------------------------------------

    \46\ See https://www.epa.gov/system/files/documents/2021-09/co-table-c.pdf#reg7_parte.
    \47\ Id.
---------------------------------------------------------------------------

    A detailed evaluation of Section II is in the TSD for this action. 
We propose to find that the provisions in Section II are consistent 
with CAA and RACT requirements, and that they strengthen the SIP. We 
therefore propose to approve the revisions in Part E, Section II.
    The revisions described in this section \48\ will strengthen the 
SIP, and (once the State has submitted the revised regulations 
described in its commitment letter) will meet CAA and RACT 
requirements. We therefore propose to conditionally approve these 
revisions into the SIP.
---------------------------------------------------------------------------

    \48\ With the exception of revisions described in the State's 
commitment letter, which have not been submitted as SIP revisions 
yet. As previously noted, those revisions will be evaluated in a 
separate rulemaking after the state submits them to the EPA.
---------------------------------------------------------------------------

VII. Proposed Action

    For the reasons expressed above, the EPA proposes to conditionally 
approve revisions to Reg. 7, Part C, Section I.P. and Reg. 7, Part E, 
Section II.A.4. Additionally, the EPA is proposing to conditionally 
approve Colorado's determination that the Reg. 7 revisions satisfy RACT 
requirements for the Colorado ozone SIP for the 2008 miscellaneous 
metal coatings CTG and major source NOX RACT for the 2008 8-
hour Moderate ozone area. Under section 110(k)(4) of the Act, the EPA 
may approve a SIP revision based on a commitment by a state to adopt 
specific enforceable measures by a date certain,

[[Page 74065]]

but not later than one year after the date of approval of the plan 
revision. On October 14, 2022, Colorado submitted a letter committing 
to adopt and submit specific revisions by June 30, 2023.\49\ 
Specifically, the State has committed to add additional VOC coating 
content limits and associated work practices, definitions, 
recordkeeping, and recording requirements for motor vehicle materials, 
submit a negative declaration for pleasure craft surface coatings, and 
add NOX emission limits for glass melting furnaces at major 
sources. If we finalize our proposed conditional approval, Colorado 
must adopt and submit the specific revisions it has committed to by 
June 30, 2023 in order for the conditional approval to convert to full 
approval. We note that the Division has proposed to adopt the revisions 
as outlined in the commitment letter at the December 2022 AQCC hearing, 
and we anticipate that the State will meet its deadline to submit these 
measures as SIP revisions. However, if Colorado does not comply with 
its commitment by June 30, 2023, if we find Colorado's SIP submission 
provided to fulfill the commitment to be incomplete, or if we 
disapprove the SIP submission, this conditional approval will convert 
to a disapproval. If any of these occur and our conditional approval 
converts to a disapproval, that will constitute a disapproval of a 
required plan element under part D of title I of the Act, which will 
start an 18-month clock for sanctions \50\ and the two-year clock for a 
Federal implementation plan.\51\
---------------------------------------------------------------------------

    \49\ Although CAA section 110(k)(4) allows the EPA to make a 
conditional approval based on a commitment to act within one year of 
the final conditional approval, Colorado has committed to act on a 
much more accelerated schedule.
    \50\ See CAA section 179(a)(2).
    \51\ See CAA section 110(c)(1)(B).
---------------------------------------------------------------------------

VIII. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirements concerning attainment and reasonable further progress 
toward attainment of the NAAQS, or any other applicable requirement of 
the Act. In addition, section 110(l) requires that each revision to an 
implementation plan submitted by a state shall be adopted by the state 
after reasonable notice and public hearing.
    The Colorado SIP revisions that the EPA is proposing to 
conditionally approve do not interfere with any applicable requirements 
of the Act. The Reg. 7 revisions are intended to strengthen the SIP and 
to serve as RACT for certain sources for the Colorado ozone SIP. We 
anticipate the submittal to show that the revisions were adopted after 
reasonable public notices and hearings because the revisions are 
currently in the public comment phase. Therefore, CAA section 110(l) 
requirements are satisfied.

IX. Environmental Justice Considerations

    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
Additionally, Executive Order 13985 (86 FR 7009, Jan. 25, 2021) directs 
Federal agencies to assess whether and to what extent their programs 
and policies perpetuate systemic barriers to opportunities and benefits 
for underserved populations, and Executive Order 14008 (86 FR 7619, 
Feb. 1, 2021) directs Federal agencies to develop programs, policies, 
and activities to address the disproportionate and adverse human 
health, environmental, climate-related and other cumulative impacts on 
disadvantaged communities.
    To identify potential environmental burdens and susceptible 
populations in the DMNFR area, a screening analysis was conducted using 
the EJSCREEN \52\ tool to evaluate environmental and demographic 
indicators within the area, based on available data from the Census 
Bureau's American Community Survey. The tool outputs showing the 
results of this assessment are in the docket for this action. These 
results indicate that within the DMNFR area there are census block 
groups that are above the national averages and above the 80th 
percentile (in comparison to the nation as a whole) for the numbers of 
persons experiencing low income and people of color. These populations 
may be vulnerable and subject to disproportionate impacts within the 
meaning of the executive orders described above. Further, as the 
EJSCREEN analysis is a screening-level assessment and not an in-depth 
review, it is possible that there are other vulnerable groups within 
the DMNFR area.
---------------------------------------------------------------------------

    \52\ EJSCREEN is an environmental justice mapping and screening 
tool that provides the EPA with a nationally consistent dataset and 
approach for combining environmental and demographic indicators; 
available at https://www.epa.gov/ejscreen/what-ejscreen.
_____________________________________-

    As to all vulnerable groups within the DMNFR area, as explained 
below we believe that this action will be beneficial and will tend to 
reduce impacts. When the EPA establishes a new or revised NAAQS, the 
CAA requires the EPA to designate all areas of the U.S. as either 
nonattainment, attainment, or unclassifiable. If an area is designated 
nonattainment for a NAAQS, the state must develop a plan outlining how 
the area will attain and maintain the standard by reducing air 
pollutant emissions. In this action we are proposing to conditionally 
approve state rules as meeting the CAA standard for RACT, which the EPA 
has defined as the lowest emission limitation that a particular source 
is capable of meeting by the application of control technology that is 
reasonably available considering technological and economic 
feasibility. Approval of these rules into the SIP will establish 
federally enforceable requirements that will reduce emissions from 
coatings and major source emission points in the area. These 
requirements will contribute to the increased protection of those 
residing, working, attending school, or otherwise present in those 
areas, and we propose to determine that this rule, if finalized, will 
not have disproportionately high or adverse human health or 
environmental effects on communities with environmental justice 
concerns.

X. 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 Colorado AQCC Regulation 7 pertaining to the 
control of ozone via ozone precursors and control of hydrocarbons from 
oil and gas emissions discussed in section VI 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).

XI. 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,

[[Page 74066]]

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 (Public Law 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. Accordingly, 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: November 28, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-26291 Filed 12-1-22; 8:45 am]
BILLING CODE 6560-50-P


