82 FR 39396 - Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 159 (August 18, 2017)
Federal Register Volume 82, Issue 159 (August 18, 2017)
| Page Range | 39396-39399 | |
| FR Document | 2017-17219 |
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)] [Proposed Rules] [Pages 39396-39399] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17219] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2017-0446; FRL-9966-04-Region 8] Approval and Promulgation of Air Quality Implementation Plans; Colorado; Revisions to Regulation Number 3 AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing approval of a portion of the State Implementation Plan (SIP) revisions submitted by the State of Colorado on February 25, 2015. The revisions are to Colorado Air Quality Control Commission (Commission) Regulation Number 3, Parts A, B and D. The amendments the EPA is proposing to act on include: Revisions to provisions for permitting emissions for particulate matter less than 2.5 micrograms (PM2.5 ) in Part D, modifications to the provisions for filing revised Air Pollution Emission Notices (APEN) in Part A and updates to public notice publication requirements in Part B. This action is being taken under section 110 of the Clean Air Act (CAA). DATES: Written comments must be received on or before September 18, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08- OAR-2015-0493 at http://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. FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]. SUPPLEMENTARY INFORMATION: I. General Information What should I consider as I prepare my comments for the EPA? 1. Submitting Confidential Business Information (CBI). Do not submit CBI to EPA through http://www.regulations.gov or email. 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 the 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:Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register volume, date and page number); Follow directions and organize your comments; Explain why you agree or disagree; Suggest alternatives and substitute language for your requested changes; Describe any assumptions and provide any technical information and or data that you used; If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced; Provide specific examples to illustrate your concerns, and suggest alternatives; Explain your views as clearly as possible, avoiding the use of profanity or personal threats; and, Make sure to submit your comments by the comment period deadline identified. II. Background Revisions to PM 2.5 Significant Impact Level (SIL) and Significant Monitoring Concentration (SMC) Provisions Colorado's SIP submittal revises the SIL and SMC provisions for PM2.5 in the State's Prevention of Significant Deterioration (PSD) permitting program. On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit vacated the SILs for PM2.5 and allowed the EPA to reconsider the provisions for SMCs. Sierra Club v. EPA, 705 F.3d 458 (D.C. Cir. 2013). On December 9, 2013, the EPA issued a final rule that removes the PM2.5 SIL from EPA's PSD regulations and revised the threshold for SMCs (78 FR 73698). The EPA set the PM2.5 SMC concentration at zero micrograms per cubic meter instead of removing PM2.5 entirely from the SMC provisions because a zero micrograms per cubic meter threshold means there is no air quality impact below which a reviewing authority has the discretion to exempt a source from the PM2.5 monitoring requirements, but that monitoring is still required. As a result of this court decision and the EPA's rulemaking, Colorado removed the SILs for PM2.5 from Part D, Section V.A.2.c set the SMC monitoring concentration to zero in Part D, Section VI.B.3.a(iii). [[Page 39397]] Revisions to APEN Reporting Colorado's regulations in Part A, Section II.A. require: [N]o person shall allow emissions of air pollutants from, or construction, modification or alteration of, any facility, process, or activity which constitutes a stationary source, except residential structures, from which air pollutants are, or are to be, emitted unless and until an Air Pollution Emission Notice and the associated Air Pollution Emission Notice fee has been filed with the Division with respect to such emission. Colorado has revised its APEN reporting requirements to clarify when a revised APEN is required due to a significant change in annual actual emissions. The revision would clarify that the thresholds for determining significant changes are based on individual emission units, not facility-wide, actual emissions on a pollutant-by-pollutant basis. For example, an APEN reporting 150 tons per year (tpy) of carbon monoxide (CO) and 10 tpy of PM2.5 would need to update CO emissions using the ``one hundred tpy or more'' threshold in Part A, Section II.C.2.b.(iii), and update PM2.5 emissions using the ``less than one hundred tpy'' threshold in Part A, Section II.C.2.b.(i). Without this proposed clarification (actual emissions on a pollutant-by-pollutant basis) a significant change was based on the source's aggregate annual actual emissions, which required sources to file revised APENs more often. Colorado has also revised Part A, Section II.C.b(i)-(iii), Section II.C.4.a. and b. to clarify that APENs filed solely to update an expired APEN, change the owner or operator, or report a significant change in emissions need only report actual annual emissions (which is the equivalent of controlled emissions if the source utilizes emission control equipment). APENs filed to update control equipment or modify a permit limitation would continue to report both uncontrolled actual and controlled actual emissions. This revision simplifies and streamlines the requirements for filing revised APENs, because the source's actual annual emissions are the relevant information for inventory and fee purposes when reporting past years' emissions or reporting significant changes in annual actual emissions. Revisions to Public Notice Requirements Colorado has revised its provisions for public notice of a minor source permit application to update the publication requirements in Part B, Section III.C.4. Regulation 3 in the SIP requires the State to publish public notice of certain proposed minor source construction permit applications, including sources that apply for a permit to limit the potential to emit criteria pollutants, in a newspaper of general distribution in the area where the proposed project will be located or by other such method reasonably designed to ensure effective public notice. Recently, Colorado has found that some areas where construction permitting projects require public notice are proposed no longer have newspapers of general circulation. Therefore, in order to provide effective public notice, Colorado has revised its minor source public notice publication requirements to include other means authorized by state statute and federal regulation that are designed to provide public notice of the applicable permitting action. Further, by utilizing other means of public notice such as the State Web site, Colorado will provide broader notice for a longer timeframe than a one- day publication in a newspaper. III. What are the changes that EPA is proposing to approve? Under CAA section 110(l), EPA cannot approve a SIP revision that interferes with any requirement concerning attainment, reasonable further progress, or any other applicable requirement of the Act. The February 25, 2015 revisions to Regulation 3 Part D, Section VI.A.2.c and VI.B.3.a.(iii) of the Colorado SIP would not interfere with the applicable requirements of the Act. The revisions to the PSD program in Part D, Regulation 3 comply with the requirements of 40 CFR 51.166 as revised by the EPA in response to the D.C. Circuit Court of Appeals decision regarding PM2.5 SILs and SMCs. See 78 FR 73698. This proposal is limited to the revisions pertaining to PM2.5 ; we are not proposing to re-approve any existing provisions in the Colorado SIP regarding source impact analysis and ambient monitoring. As the revisions removing PM2.5 SILs and SMCs are in accordance with the EPA's 2013 removal of PM2.5 SILs and SMCs from 40 CFR 51.166 and the revisions strengthen the SIP, we are proposing to approve the revisions. We are also proposing to approve the conforming change to the introductory statement in VI.A.2., which includes the deletion of the phrase at the end of the sentence (``, as clarified for any relevant air pollutant in Section VI.A.2.c.:''). The revisions to Part A, Section II.C.b(i)-(iii), Section II.C.4.a. and b. comply with section 110(l) because the revisions are limited to the filing of revised APENs that are designed to update Colorado's emissions inventory or used to calculate emissions fees. The revisions to the public notice minor source permitting requirements comply with section 110(l) because as discussed below, we propose to interpret that revisions are consistent with our regulations and guidance. Colorado's February 25, 2015 submittal also revises its APEN requirements. The APEN revisions in Part A clarify that, for purposes of filing a revised APEN, the thresholds for determining significant changes are based on the emission unit's actual emissions on a pollutant-by-pollutant basis, not total facility-wide emissions. These revisions also clarify that APENs filed for the following purposes need only report actual emissions: Solely to update an APEN before it expires; change in the owner or operator of any facility, process of activity; or report a significant change in emissions. APENs filed to update control equipment or modify a permit limitation would continue to report both uncontrolled actual and controlled actual emissions. The revisions to Part A, Section II.C.2.b(i)-(iii), Section II.C.4.a. and b streamline the requirements for filing revised APENs because the sources actual annual emissions is the relevant information for emissions inventory and fee purposes. The CAA contains three programs governing construction of new and modified stationary sources, collectively referred to as new source review (NSR): Minor NSR, PSD, and nonattainment NSR.\1\ The revisions in the February 25, 2015 submittal to the public notice requirements in Regulation 3, Part B, Section III.C.4 apply only to the minor NSR program. They do not apply to the PSD and nonattainment NSR permit programs, which have separate public notice requirements in Regulation 3, Part D, Section IV.A. --------------------------------------------------------------------------- \1\ For a detailed discussion of the three programs, please see (for example) 76 FR 38748 (July 1, 2011). --------------------------------------------------------------------------- Requirements for the minor NSR program are provided in 40 CFR 51.160 to 51.164. With respect to public notice of minor NSR approvals, the state must provide ``a notice by prominent advertisement in the area affected.'' 40 CFR 51.161(b)(3). On April 17, 2012, the EPA issued a guidance memorandum stating that we intended to interpret ``prominent advertisement'' in a media-neutral fashion.\2\ The memorandum explained that states could meet the requirement by publication of the notice [[Page 39398]] in appropriate newspaper, or could opt to publish the notice using other media so long as it would be reasonable to conclude that the public would have routine and ready access to the alternative publishing venue and the use of the alternative venue would be consistent with the state's law or SIP.\3\ --------------------------------------------------------------------------- \2\ Memorandum from Janet McCabe, Principal Deputy Assistant Administrator, Office of Air and Radiation, to Regional Administrators, entitled ``Minor New Source Review Program Public Notice Requirements under 40 CFR 51.161(b)(3) (Apr. 17, 2012), available at https://www.epa.gov/sites/production/files/2015-07/documents/pubnot.pdf. \3\ Id. at 1. --------------------------------------------------------------------------- On October 18, 2016 (81 FR 71613) the EPA revised the public notice requirements for Clean Air Act permitting programs.\4\ In the 2016 final action, the EPA also revised the April 17, 2012 interpretation of ``prominent advertisement'' in 40 CFR 51.161(b)(3) for the minor NSR program by extending it to ``synthetic minor'' permits, that is, permits that contain legally and practically enforceable restrictions that result in the source not being subject to major NSR requirements. 81 FR 71617. --------------------------------------------------------------------------- \4\ The EPA also revised requirements for posting approval documents for public inspection to allow for posting the documents at a physical location or on a public Web site identified by the state or local agency. 81 FR 71629. Colorado's February 25, 2015 submittal retains (with a minor grammatical change) the currently approved method of posting the materials at the county clerk's office for the county in which the source is or will be located. --------------------------------------------------------------------------- In this action, the EPA proposes to interpret ``prominent advertisement'' in similar fashion, that is, as media neutral and satisfied by any publishing venue to which it would be reasonable to conclude the public has routine and ready access. The February 25, 2015 SIP revisions require the public notice to be published in either a newspaper of general distribution in the area in which the source is or will be located, or by other means necessary to assure notice to the affected public, including posting notice on the publicly accessible portion of the Division's Web site. We propose to determine that this is adequate as ``prominent advertisement.'' We are not proposing to reassess Colorado's minor NSR program with respect to public participation processes generally; we are only proposing to act on revisions that affect the publication of the notice specifically. This proposal is limited to the revisions as they apply to the SIP and criteria pollutants; we are not proposing action on provisions regarding ``federal hazardous air pollutants'' that are covered under authorities. For the reasons expressed above, EPA is proposing to approve revisions to Regulation 3, Parts A, B and D and Appendix A from the February 25, 2015 submittal as shown in Table 1 below. Appendix A was revised as a conforming change to the APEN revisions. We are also proposing to approve the renumbering and formatting changes for the definition of ``emission unit'' in Regulation 3, Part D, I.A.13.a.; and II.A.13.a.(i)-(ii). Table 1--List of Colorado Revisions That EPA Is Proposing To Approve ------------------------------------------------------------------------ Revised sections in February 10, 2015 submission proposed for approval ------------------------------------------------------------------------- Regulation Number 3, Part A: II.C.2.b.(i)-(iii); and II.C.4.a. and b. Regulation Number 3, Part B: III.C.4. Regulation Number 3, Part D: I.A.13.a.; II.A.13.a.(i)-(ii); VI.A.2.; VI.A.2.c.; and VI.B.3.a.(iii) Appendix A ------------------------------------------------------------------------ The EPA is not acting on revisions from Colorado's February 25, 2015 submittal related to greenhouse gas and carbon dioxide equivalent (CO2e) revisions and the associated renumbering which was a result of Colorado's proposed greenhouse gas revisions in Parts A and D. These revisions will be acted on in a separate future rulemaking. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the Colorado Air Quality Control Commission (Commission) Regulation Number 3, Parts A, B and D discussed in section III of this preamble. The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). V. Statutory and Executive Orders Review 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 proposed action merely approves some state law as meeting federal requirements; this proposed action does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993); 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 the 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). The SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the 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, Incorporation by reference, Intergovernmental relations, Greenhouse gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. [[Page 39399]] Dated: July 26, 2017. Debra H. Thomas, Acting Regional Administrator, Region 8. [FR Doc. 2017-17219 Filed 8-17-17; 8:45 am] BILLING CODE 6560-50-P?>
![39396 Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Proposed Rules
(1) The employer name and (APEN) in Part A and updates to public Information so marked will not be
identification number; notice publication requirements in Part disclosed except in accordance with
(2) The reason for the request; and B. This action is being taken under procedures set forth in 40 CFR part 2.
(3) An explanation, accompanied by section 110 of the Clean Air Act (CAA). 2. Tips for preparing your comments.
any necessary documentation to support DATES: Written comments must be When submitting comments, remember
its explanation, of why VETS’ decision received on or before September 18, to:
was incorrect. 2017. • Identify the rulemaking by docket
(c) VETS may request from the number and other identifying
ADDRESSES: Submit your comments,
employer filing such request any information (subject heading, Federal
additional evidence or explanation it identified by Docket ID No. EPA–R08–
OAR–2015–0493 at http:// Register volume, date and page
finds necessary for reconsideration. number);
(d) Within thirty business days after www.regulations.gov. Follow the online
instructions for submitting comments. • Follow directions and organize your
the later of the receipt of the request or comments;
the receipt of any additional evidence or Once submitted, comments cannot be
edited or removed from • Explain why you agree or disagree;
explanation requested, VETS will issue
www.regulations.gov. The EPA may • Suggest alternatives and substitute
a determination about whether to grant
publish any comment received to its language for your requested changes;
or deny the request.
(e) No additional Department of Labor public docket. Do not submit • Describe any assumptions and
review is available. electronically any information you provide any technical information and
consider to be Confidential Business or data that you used;
Subpart G—Record Retention Information (CBI) or other information • If you estimate potential costs or
whose disclosure is restricted by statute. burdens, explain how you arrived at
§ 1011.600 What are the record retention Multimedia submissions (audio, video, your estimate in sufficient detail to
requirements for the HIRE Vets Medallion etc.) must be accompanied by a written allow for it to be reproduced;
Award?
comment. The written comment is • Provide specific examples to
Applicants must retain a record of all considered the official comment and illustrate your concerns, and suggest
information used to support an should include discussion of all points alternatives;
application for the HIRE Vets Medallion you wish to make. The EPA will • Explain your views as clearly as
Award for two years from the date of generally not consider comments or possible, avoiding the use of profanity
application. comment contents located outside of the or personal threats; and,
J.S. Shellenberger, primary submission (i.e., on the Web, • Make sure to submit your
Deputy Assistant Secretary for the Veterans’ cloud, or other file sharing system). For comments by the comment period
Employment and Training Service, U.S. additional submission methods, the full deadline identified.
Department of Labor. EPA public comment policy,
[FR Doc. 2017–17249 Filed 8–17–17; 8:45 am] information about CBI or multimedia II. Background
BILLING CODE 4510–79–P
submissions, and general guidance on Revisions to PM2.5 Significant Impact
making effective comments, please visit Level (SIL) and Significant Monitoring
http://www2.epa.gov/dockets/ Concentration (SMC) Provisions
ENVIRONMENTAL PROTECTION commenting-epa-dockets.
Colorado’s SIP submittal revises the
AGENCY FOR FURTHER INFORMATION CONTACT:
SIL and SMC provisions for PM2.5 in the
Kevin Leone, Air Program, U.S. State’s Prevention of Significant
40 CFR Part 52 Environmental Protection Agency Deterioration (PSD) permitting program.
[EPA–R08–OAR–2017–0446; FRL–9966–04– (EPA), Region 8, Mail Code 8P–AR, On January 22, 2013, the United States
Region 8] 1595 Wynkoop Street, Denver, Colorado Court of Appeals for the District of
80202–1129, (303) 312–6227, Columbia Circuit vacated the SILs for
Approval and Promulgation of Air leone.kevin@epa.gov. PM2.5 and allowed the EPA to
Quality Implementation Plans; SUPPLEMENTARY INFORMATION: reconsider the provisions for SMCs.
Colorado; Revisions to Regulation Sierra Club v. EPA, 705 F.3d 458 (D.C.
Number 3 I. General Information
Cir. 2013). On December 9, 2013, the
What should I consider as I prepare my EPA issued a final rule that removes the
AGENCY: Environmental Protection
comments for the EPA? PM2.5 SIL from EPA’s PSD regulations
Agency (EPA).
ACTION: Proposed rule. 1. Submitting Confidential Business and revised the threshold for SMCs (78
Information (CBI). Do not submit CBI to FR 73698). The EPA set the PM2.5 SMC
SUMMARY: The Environmental Protection EPA through http://www.regulations.gov concentration at zero micrograms per
Agency (EPA) is proposing approval of or email. Clearly mark the part or all of cubic meter instead of removing PM2.5
a portion of the State Implementation the information that you claim to be entirely from the SMC provisions
Plan (SIP) revisions submitted by the CBI. For CBI information in a disk or CD because a zero micrograms per cubic
State of Colorado on February 25, 2015. ROM that you mail to the EPA, mark the meter threshold means there is no air
The revisions are to Colorado Air outside of the disk or CD ROM as CBI quality impact below which a reviewing
Quality Control Commission and then identify electronically within authority has the discretion to exempt a
mstockstill on DSK30JT082PROD with PROPOSALS
(Commission) Regulation Number 3, the disk or CD ROM the specific source from the PM2.5 monitoring
Parts A, B and D. The amendments the information that is claimed as CBI. In requirements, but that monitoring is still
EPA is proposing to act on include: addition to one complete version of the required. As a result of this court
Revisions to provisions for permitting comment that includes information decision and the EPA’s rulemaking,
emissions for particulate matter less claimed as CBI, a copy of the comment Colorado removed the SILs for PM2.5
than 2.5 micrograms (PM2.5) in Part D, that does not contain the information from Part D, Section V.A.2.c set the
modifications to the provisions for filing claimed as CBI must be submitted for SMC monitoring concentration to zero
revised Air Pollution Emission Notices inclusion in the public docket. in Part D, Section VI.B.3.a(iii).
VerDate Sep<11>2014 16:16 Aug 17, 2017 Jkt 241001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\18AUP1.SGM 18AUP1](https://thefederalregister.org/doc/82_FR_39555/page/1.svg)
![Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Proposed Rules 39397
Revisions to APEN Reporting State to publish public notice of certain emissions fees. The revisions to the
Colorado’s regulations in Part A, proposed minor source construction public notice minor source permitting
Section II.A. require: permit applications, including sources requirements comply with section 110(l)
that apply for a permit to limit the because as discussed below, we propose
[N]o person shall allow emissions of air potential to emit criteria pollutants, in to interpret that revisions are consistent
pollutants from, or construction, a newspaper of general distribution in with our regulations and guidance.
modification or alteration of, any facility, the area where the proposed project will Colorado’s February 25, 2015
process, or activity which constitutes a be located or by other such method submittal also revises its APEN
stationary source, except residential reasonably designed to ensure effective requirements. The APEN revisions in
structures, from which air pollutants are, or public notice. Recently, Colorado has Part A clarify that, for purposes of filing
are to be, emitted unless and until an Air
found that some areas where a revised APEN, the thresholds for
Pollution Emission Notice and the associated
Air Pollution Emission Notice fee has been construction permitting projects require determining significant changes are
filed with the Division with respect to such public notice are proposed no longer based on the emission unit’s actual
emission. have newspapers of general circulation. emissions on a pollutant-by-pollutant
Therefore, in order to provide effective basis, not total facility-wide emissions.
Colorado has revised its APEN public notice, Colorado has revised its These revisions also clarify that APENs
reporting requirements to clarify when a minor source public notice publication filed for the following purposes need
revised APEN is required due to a requirements to include other means only report actual emissions: Solely to
significant change in annual actual authorized by state statute and federal update an APEN before it expires;
emissions. The revision would clarify regulation that are designed to provide change in the owner or operator of any
that the thresholds for determining public notice of the applicable facility, process of activity; or report a
significant changes are based on permitting action. Further, by utilizing significant change in emissions. APENs
individual emission units, not facility- other means of public notice such as the filed to update control equipment or
wide, actual emissions on a pollutant- State Web site, Colorado will provide modify a permit limitation would
by-pollutant basis. For example, an broader notice for a longer timeframe continue to report both uncontrolled
APEN reporting 150 tons per year (tpy) than a one-day publication in a actual and controlled actual emissions.
of carbon monoxide (CO) and 10 tpy of newspaper. The revisions to Part A, Section
PM2.5 would need to update CO
III. What are the changes that EPA is II.C.2.b(i)–(iii), Section II.C.4.a. and b
emissions using the ‘‘one hundred tpy
proposing to approve? streamline the requirements for filing
or more’’ threshold in Part A, Section
revised APENs because the sources
II.C.2.b.(iii), and update PM2.5 emissions Under CAA section 110(l), EPA actual annual emissions is the relevant
using the ‘‘less than one hundred tpy’’ cannot approve a SIP revision that information for emissions inventory and
threshold in Part A, Section II.C.2.b.(i). interferes with any requirement fee purposes.
Without this proposed clarification concerning attainment, reasonable The CAA contains three programs
(actual emissions on a pollutant-by- further progress, or any other applicable governing construction of new and
pollutant basis) a significant change was requirement of the Act. The February modified stationary sources, collectively
based on the source’s aggregate annual 25, 2015 revisions to Regulation 3 Part referred to as new source review (NSR):
actual emissions, which required D, Section VI.A.2.c and VI.B.3.a.(iii) of Minor NSR, PSD, and nonattainment
sources to file revised APENs more the Colorado SIP would not interfere NSR.1 The revisions in the February 25,
often. with the applicable requirements of the 2015 submittal to the public notice
Colorado has also revised Part A, Act. The revisions to the PSD program requirements in Regulation 3, Part B,
Section II.C.b(i)–(iii), Section II.C.4.a. in Part D, Regulation 3 comply with the Section III.C.4 apply only to the minor
and b. to clarify that APENs filed solely requirements of 40 CFR 51.166 as NSR program. They do not apply to the
to update an expired APEN, change the revised by the EPA in response to the PSD and nonattainment NSR permit
owner or operator, or report a significant D.C. Circuit Court of Appeals decision programs, which have separate public
change in emissions need only report regarding PM2.5 SILs and SMCs. See 78
notice requirements in Regulation 3,
actual annual emissions (which is the FR 73698. This proposal is limited to
Part D, Section IV.A.
equivalent of controlled emissions if the the revisions pertaining to PM2.5; we are Requirements for the minor NSR
source utilizes emission control not proposing to re-approve any existing program are provided in 40 CFR 51.160
equipment). APENs filed to update provisions in the Colorado SIP regarding to 51.164. With respect to public notice
control equipment or modify a permit source impact analysis and ambient of minor NSR approvals, the state must
limitation would continue to report both monitoring. As the revisions removing provide ‘‘a notice by prominent
uncontrolled actual and controlled PM2.5 SILs and SMCs are in accordance advertisement in the area affected.’’ 40
actual emissions. This revision with the EPA’s 2013 removal of PM2.5 CFR 51.161(b)(3). On April 17, 2012, the
simplifies and streamlines the SILs and SMCs from 40 CFR 51.166 and
EPA issued a guidance memorandum
requirements for filing revised APENs, the revisions strengthen the SIP, we are
stating that we intended to interpret
because the source’s actual annual proposing to approve the revisions. We
‘‘prominent advertisement’’ in a media-
emissions are the relevant information are also proposing to approve the
neutral fashion.2 The memorandum
for inventory and fee purposes when conforming change to the introductory
explained that states could meet the
reporting past years’ emissions or statement in VI.A.2., which includes the
requirement by publication of the notice
reporting significant changes in annual deletion of the phrase at the end of the
mstockstill on DSK30JT082PROD with PROPOSALS
actual emissions. sentence (‘‘, as clarified for any relevant 1 For a detailed discussion of the three programs,
air pollutant in Section VI.A.2.c.:’’). The please see (for example) 76 FR 38748 (July 1, 2011).
Revisions to Public Notice Requirements revisions to Part A, Section II.C.b(i)– 2 Memorandum from Janet McCabe, Principal
Colorado has revised its provisions for (iii), Section II.C.4.a. and b. comply with Deputy Assistant Administrator, Office of Air and
public notice of a minor source permit section 110(l) because the revisions are Radiation, to Regional Administrators, entitled
‘‘Minor New Source Review Program Public Notice
application to update the publication limited to the filing of revised APENs Requirements under 40 CFR 51.161(b)(3) (Apr. 17,
requirements in Part B, Section III.C.4. that are designed to update Colorado’s 2012), available at https://www.epa.gov/sites/
Regulation 3 in the SIP requires the emissions inventory or used to calculate production/files/2015–07/documents/pubnot.pdf.
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![Federal Register / Vol. 82, No. 159 / Friday, August 18, 2017 / Proposed Rules 39399
Dated: July 26, 2017. information about dockets generally, is D. What are the incremental costs and
Debra H. Thomas, available at http://www.epa.gov/ benefits of this action?
Acting Regional Administrator, Region 8. dockets. No new data requirements are
[FR Doc. 2017–17219 Filed 8–17–17; 8:45 am] proposed and this correction does not
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P?≤
Cameo Smoot, Field and External result in any new burden or costs being
imposed. The proposed change
Affairs Division (7506P), Office of
represents a technical correction;
ENVIRONMENTAL PROTECTION Pesticide Programs, Environmental
therefore, registrants will not submit
AGENCY Protection Agency, 1200 Pennsylvania
more studies than they are currently
Ave. NW., Washington, DC 20460; (703) submitting in their application
40 CFR Part 158 305–5454; email address: packages. As a result, this change will
[EPA–HQ–OPP–2015–0683; FRL–9965–54] smoot.cameo@epa.gov. not cause any increase in the cost to
RIN 2070–AK41 I. Executive Summary register an antimicrobial pesticide
product.
A. Does this action apply to me? EPA believes the correction should
Pesticides; Technical Amendment to
Data Requirements for Antimicrobial provide registrants with more specific
You may be potentially affected by
Pesticides information such that it could reduce
this action if you are a producer or the number of consultations (emails,
AGENCY: Environmental Protection registrant of an antimicrobial pesticide phone calls, and meetings) registrants
Agency (EPA). product or device. The following list of seek to ensure that they are correctly
ACTION: Proposed rule. North American Industrial interpreting the regulations before they
Classification System (NAICS) codes is begin their testing programs. Applicants
SUMMARY: EPA is proposing a correction not intended to be exhaustive, but rather may save time and money by better
pertaining to the ‘‘200 ppb (parts per provides a guide to help readers understanding when studies are needed
billion) level’’ described in the determine whether this document and by not submitting unneeded
antimicrobial pesticides data applies to them. Potentially affected studies. Submission of all required
requirements regulation to clarify that entities may include, but are not limited studies at the time of application may
the 200 ppb level is based on total to: reduce potential delays in the
estimated daily dietary intake for an
individual and not on the amount of • NAICS code 325320, Pesticide and registration process, thereby allowing
Other Agricultural Chemical products to enter the market earlier. The
residue present on a single food, as is clarity derived from having more
incorrectly implied by the current Manufacturing, e.g., pesticide
manufacturers or formulators of understandable data requirements may
regulatory text. This change is intended be especially important to small firms
to enhance understanding of the data pesticide products, importers, exporters,
or any person or company who seeks to and new firms entering the industry
required to support an antimicrobial who may have less experience with the
pesticide registration and does not alter register a pesticide product or to obtain
a tolerance for a pesticide product. pesticide registration program than
the burden or costs associated with those firms that routinely work with the
these previously-promulgated If you have any questions regarding Agency.
requirements. Through this action, EPA the applicability of this action to a Although we believe that the
is not proposing any new data particular entity, consult the person correction reduces uncertainty and will
requirements or any other revisions listed under FOR FURTHER INFORMATION result in a decrease in the number of
(substantive or otherwise) to existing CONTACT. inquiries registrants may make to EPA
requirements. seeking clarification on this particular
B. What is the Agency’s authority for
DATES: Comments must be received on point, EPA did not attempt to determine
taking this action?
or before October 17, 2017. whether or not, or the extent to which,
ADDRESSES: Submit your comments, This action is issued under the the correction might result in any cost
identified by docket identification (ID) Federal Insecticide, Fungicide and savings for the registrants or for EPA.
number EPA–HQ–OPP–2015–0683, by Rodenticide Act (FIFRA), 7 U.S.C. 136 Because EPA is not proposing any new
one of the following methods: et seq. and the Federal Food, Drug, and data requirements and also made sure
• Federal eRulemaking Portal: http:// Cosmetic Act (FFDCA), 21 U.S.C. not to increase the frequency at which
www.regulations.gov. Follow the online 346a(d). the existing data are required, EPA
instructions for submitting comments. determined there is no need to perform
Do not submit electronically any C. What action is the Agency taking? an economic analysis for this proposed
information you consider to be rulemaking.
Confidential Business Information (CBI) EPA is proposing a single correction
to the data requirements for E. What should I consider as I prepare
or other information whose disclosure is
antimicrobial pesticide products that are my comments for EPA?
restricted by statute.
• Mail: OPP Docket, Environmental codified in 40 CFR part 158, subpart W. 1. Submitting CBI. Do not submit this
Protection Agency Docket Center (EPA/ EPA is not proposing any other changes information to EPA through
DC), (28221T), 1200 Pennsylvania Ave. (substantive or otherwise) or any new regulations.gov or email. Clearly mark
mstockstill on DSK30JT082PROD with PROPOSALS
NW., Washington, DC 20460–0001. data requirements. The correction to the the part or all of the information that
• Hand Delivery: To make special ‘‘200 ppb level’’ described in 40 CFR you claim to be CBI. For CBI
arrangements for hand delivery or 158.2230(d) will clarify that the 200 ppb information in a disk or CD–ROM that
delivery of boxed information, please level is based on total estimated daily you mail to EPA, mark the outside of the
follow the instructions at http:// dietary intake for an individual and not disk or CD–ROM as CBI and then
www.epa.gov/dockets/contacts.html. on the amount of residue present on a identify electronically within the disk or
Additional instructions on commenting single food, as is incorrectly implied by CD–ROM the specific information that
or visiting the docket, along with more the current regulatory text. is claimed as CBI. In addition to one
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Document Created: 2017-08-18 07:40:34
Document Modified: 2017-08-18 07:40:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before September 18, 2017. | |
| Contact | Kevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected] | |
| FR Citation | 82 FR 39396 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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