83_FR_31196 83 FR 31068 - 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 - 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

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 128 (July 3, 2018)

Page Range31068-31072
FR Document2018-13599

On May 31, 2017, the State of Colorado submitted State Implementation Plan (SIP) revisions related to attainment of the 2008 8-hour ozone National Ambient Air Quality Standard (NAAQS) for the Denver Metro/North Front Range (DMNFR) Moderate nonattainment area by the applicable attainment date of July 20, 2018. The Environmental Protection Agency (EPA) is approving the majority of the submittal, as well as revisions made to Colorado's Reg. No. 7 in a May 5, 2013 SIP submission. The EPA is deferring action on portions of the submitted reasonably available control technology (RACT) rules. This action is being taken in accordance with the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 128 (Tuesday, July 3, 2018)
[Federal Register Volume 83, Number 128 (Tuesday, July 3, 2018)]
[Rules and Regulations]
[Pages 31068-31072]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13599]



[[Page 31068]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0567; FRL-9979-64--Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On May 31, 2017, the State of Colorado submitted State 
Implementation Plan (SIP) revisions related to attainment of the 2008 
8-hour ozone National Ambient Air Quality Standard (NAAQS) for the 
Denver Metro/North Front Range (DMNFR) Moderate nonattainment area by 
the applicable attainment date of July 20, 2018. The Environmental 
Protection Agency (EPA) is approving the majority of the submittal, as 
well as revisions made to Colorado's Reg. No. 7 in a May 5, 2013 SIP 
submission. The EPA is deferring action on portions of the submitted 
reasonably available control technology (RACT) rules. This action is 
being taken in accordance with the Clean Air Act (CAA).

DATES: Effective August 2, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0567. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the For Further Information Contact 
section for additional available information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, (303) 312-6563, 
fulton.abby@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The DMNFR nonattainment area includes Adams, Arapahoe, Boulder, 
Broomfield, Denver, Douglas and Jefferson Counties, and portions of 
Larimer and Weld Counties. See 40 CFR 81.306. The area was designated 
nonattainment for the 2008 ozone NAAQS effective July 20, 2012 (77 FR 
30088, May 21, 2012) and reclassified as a Moderate ozone nonattainment 
area on May 4, 2016 (81 FR 26697; see 40 CFR 81.306). Moderate areas 
are required to attain the 2008 8-hour ozone NAAQS by no later than 6 
years after the effective date of designation, which for the DMNFR 
nonattainment area is July 20, 2018. See 40 CFR 51.903.
    On April 6, 2018, 83 FR 14807, the EPA proposed approval of certain 
revisions to Colorado's SIP submitted to the EPA on May 5, 2013, and 
May 31, 2017. Specifically, we proposed approval of Colorado's 2017 
attainment demonstration for the 2008 8-hour ozone NAAQS. In addition, 
we proposed approval of the motor vehicle emissions budgets (MVEB) 
contained in the State's 2017 submittal. We also proposed approval of 
all other aspects of the 2017 submittal, except for certain area source 
categories and major source RACT, which we will be acting on at a later 
date. We proposed approval of the revisions to Colorado's Reg. 7 and 
11, except for Sections X.E and XIX of Reg. 7, which we will be acting 
on at a later date. We proposed approval of the revisions to Colorado 
Reg. 7 Section XII from the State's May 5, 2013 submittal.
    The factual and legal background for this action is discussed in 
detail in our April 6, 2018 proposed approval. 83 FR 14807. The 
proposal provides a detailed description of the revisions and the 
rationale for the EPA's proposed actions.

II. Response to Comments

    We received nineteen comments during the public comment period. 
After reviewing the comments, the EPA has determined that sixteen of 
the comments are outside the scope of our proposed action or fail to 
identify any material issue necessitating a response. We received two 
comments supporting our proposal to approve the DMNFR moderate 
nonattainment area attainment demonstration and related revisions, and 
one adverse comment. Below is a summary of the material comments and 
the EPA's responses.

Comments From Colorado Department of Public Health and Environment

    The Colorado Department of Public Health and Environment (CDPHE) 
stated that ``Colorado supports EPA's proposal to approve the DMNFR 
moderate nonattainment area attainment demonstration and many of the 
related revisions.'' The State further requested that the EPA delay 
taking action on the combustion adjustment and tuning work practice 
requirements in Reg. 7, Section XVI.D, due to ``Colorado's ongoing 
efforts to further establish RACT for combustion sources on a 
categorical basis.'' Colorado stated that it anticipates submitting to 
the EPA additional RACT standards for combustion equipment in Summer 
2019, and requested that the EPA delay action on Reg. 7, Section XVI.D 
revisions from the May 31, 2017 submittal so that the Agency ``can 
incorporate and approve Colorado's RACT standards for combustion 
equipment all at once.''
    Response: The Agency acknowledges the State's support for this 
action. We agree with the request that we refrain from acting on Reg. 
7, Section XVI.D of Colorado's May 31, 2017 submittal, which 
established RACT as a work practice for combustion equipment at major 
sources of nitrogen oxide (NOX) emissions. In our notice of 
proposed rulemaking, we proposed to approve all of Reg. 7, Section XVI, 
but explained that we would be acting on Colorado's RACT demonstration 
for major sources in a future rulemaking and identified provisions for 
which we were taking no action on at the time (see sections H and N of 
the proposed rulemaking). The State's desire to incorporate Section 
XVI.D into its anticipated combustion equipment RACT submission is 
reasonable, and because Colorado did not rely on any emission 
reductions from control requirements in Section XVI.D in its 2017 
modeling analysis, we are able to act on this revision in a separate 
action. We, therefore, agree with the State's comment and will act on 
revisions to Reg. 7, XVI.D from the May 31, 2017 submittal at a later 
time.

Comment From Anonymous

    The comment described the approval of the State's revised SIP as 
``a necessary step'' that ``will hold owners and operators more 
accountable for their actions,'' and cited several specific provisions 
as beneficial. The commenter urged future action on the changes made to 
Reg. 7, Sections X and section XIX, and also urged ``every revision and 
action'' to meet the ozone standard.
    Response: The EPA agrees that the SIP provisions we are approving, 
which will be enforceable as a matter of federal law, are necessary 
steps to comply with the CAA and protect air quality. We are taking no 
action in this final rule on the State submissions concerning Reg. No. 
7, Sections X.E. and XIX, but do intend to act on them in a later 
rulemaking. Further, we will continue our ongoing work to assist the 
State in its

[[Page 31069]]

development of measures to improve air quality.

Comments From the Center for Biological Diversity

Comment 1
    The comment stated that the ``EPA must disapprove the attainment 
designation [sic; rightly ``demonstration''] because the N. Front Range 
nonattainment area did not attain by the attainment deadline'' and that 
the ``EPA must disapprove the attainment demonstration because it was 
demonstrable [sic] wrong.'' The comment said that ``EPA has used the 
excuse of ignoring ozone values if the comment period or decision is 
before the May 1 deadline for certifying data'' and that the time the 
comment was submitted was after May 1. The comment also explained that 
``EPA uses the exceptional event provision as another excuse. However, 
in Table 1 [from the commenter], which is generated from data from 
EPA's Air Quality System (AQS), we have excluded exceptional events 
even though Colorado's claims of exceptional events are not valid.''
    Response: We do not agree with the commenter's argument that the 
EPA should disapprove the attainment demonstration because the area did 
not attain by the attainment deadline, or with the commenter's 
assertions concerning exceptional events and the timing of the 
submission.
    Colorado has satisfied the legal and regulatory criteria for 
approving attainment demonstration SIPs. An attainment demonstration 
uses photochemical grid modeling to show that SIP controls are 
sufficient to reduce predicted ambient ozone levels to a level at or 
below the standard, assuming identical meteorology in the baseline and 
future (modeled) years. As explained in section IV.D and E of the 
proposed rulemaking, to predict future ozone levels the modeled 
attainment demonstration uses a baseline design value derived from 
historical data (in this case 2009-2013), historical meteorological 
data from the baseline period, emission inventories representing the 
baseline design value period, and modeled reductions in emissions based 
on SIP control measures. The attainment demonstration is not required 
to identically match actual monitored ozone levels for the future years 
described in the model.\1\ Rather, it is intended to assess whether SIP 
controls are adequate to reduce ambient ozone to a level at or below 
the NAAQS by the attainment date, and such an assessment is based on 
modeling. The modeled attainment demonstration can be an approvable SIP 
element, even if actual monitored data do not show attainment.
---------------------------------------------------------------------------

    \1\ As noted above, attainment demonstration modeling assumes 
that the future meteorology will be identical to that in the 
baseline period, but year-to-year variability in meteorology means 
that actual measurements of ozone in future modeled years cannot 
match that predicted by models. In addition, monitoring data may not 
always accurately reflect conditions in the area, such as during 
times of exceptional events.
---------------------------------------------------------------------------

    Applying this standard, Colorado's attainment demonstration 
qualifies for EPA approval. As described in the 2008 Ozone 
Implementation Rule (80 FR 12292), ``[t]o demonstrate attainment, the 
modeling results for the nonattainment area must predict that emissions 
reductions implemented by the beginning of the last full ozone season 
preceding the attainment date will result in ozone concentrations that 
meet the level of the standard'' (80 FR 12270, March 6, 2015). We find 
the attainment demonstration submitted on May 31, 2017, adequate to 
meet this requirement.
    The EPA acknowledges that 2014-2016 and 2015-2017 monitored design 
values in the Denver nonattainment area violate the 2008 ozone NAAQS, 
regardless of whether all data are used, or whether instead, potential 
exceptional event data (which have not been acted on by the EPA) are 
removed. But under the CAA, a determination of whether an area has 
failed to attain is a separate action entirely from the review of an 
attainment demonstration SIP. The EPA's SIP review occurs under CAA 
section 110(k), 42 U.S.C. 7410(k), while a determination of whether an 
area has failed to attain is governed by CAA section 181(b)(2), 42 
U.S.C. 7511(b)(2). Under section 181(b)(2), the EPA must determine 
whether an ozone nonattainment area has attained the applicable NAAQS 
``[w]ithin 6 months following the applicable attainment date (including 
any extension thereof).'' (Emphasis added.) Here, the applicable 
attainment date is still in the future: July 20, 2018. After that date, 
the EPA will analyze the pertinent information and determine whether 
the DMNFR nonattainment area has attained the NAAQS by the applicable 
attainment date in accordance with section 181(b)(2). In the event that 
the EPA determines that the area failed to attain based on certified 
air quality data, the DMNFR nonattainment area may be reclassified to 
Serious by operation of law, and would then be subject to a number of 
Serious area attainment planning and control requirements, including 
developing and submitting a new attainment demonstration.
    In addition, it is possible that Colorado will request and receive 
an extension of the attainment date if that is required, as is 
envisioned in section 181(b)(2). The CAA allows for up to two 
attainment date extensions, if the fourth maximum 8-hour average ozone 
concentration in the attainment year (2017 in this case) is below the 
level of the standard.\2\ Thus, a nonattainment area may be able to 
attain the NAAQS by the extended attainment date, even if the measured 
design value for an area does not meet the NAAQS at the end of the 
original attainment year, if the area is eligible for and is granted an 
attainment date extension. The original attainment date has not yet 
passed, and it is possible that the attainment date will be extended 
per section 181(b)(2). As previously noted, the Colorado SIP submission 
satisfies the requirements for a modeled demonstration that the area 
will meet the standard in the attainment year.
---------------------------------------------------------------------------

    \2\ See CAA section 181(b)(2)(A), 42 U.S.C. 7511(b)(2)(A), the 
EPA's implementing regulations at 40 CFR 51.1103, and 2008 Ozone 
Implementation Rule (80 FR 12292).
---------------------------------------------------------------------------

Comment 2
    The commenter also criticized EPA's approach to calculating design 
values for using figures that are ``truncated rather than rounded.''
    Response: Rules for calculating monitored ozone design values for 
the 2008 ozone NAAQS are in 40 CFR part 50, appendix P. Section 2.1 of 
appendix P requires that hourly average ozone be truncated to the third 
decimal place (0.001 ppm), as shall 8-hour averages compiled from the 
individual 1-hour averages. Section 2.2 of appendix P then requires 
that 3-year averages of annual fourth highest 8-hour averages also be 
truncated to the third decimal place. The truncation is thus in 
compliance with the procedure required by the regulations.

III. Final Action

    We are approving the SIP submittal from the State of Colorado for 
the DMNFR ozone nonattainment area submitted on May 31, 2017. 
Specifically, we are approving the following:
     Attainment demonstration with weight of evidence analysis 
for the 2008 ozone NAAQS;
     Base and future year emissions inventories;
     RFP demonstration;
     Demonstration of RACT for Volatile Organic Compounds (VOC) 
Control Technique Guidelines (CTG) sources

[[Page 31070]]

(except for the following CTG source categories as to which we are not 
taking any action at this time: Metal Furniture Coatings, 2007; 
Miscellaneous Metal Products Coatings, 2008; Wood Furniture 
Manufacturing Operations, 1996; Industrial Cleaning Solvents, 2006; 
Aerospace, 1997; and Oil and Natural Gas Industry, 2016.);
     Demonstration of RACM implementation;
     Motor vehicle inspection and maintenance program revisions 
in Colorado's Reg. No. 11;
     NNSR program;
     Contingency measures plan;
     MVEBs; and
     Revisions to Colorado's Reg. No. 7 (except for revisions 
to Reg. No. 7, Section X pertaining to VOC controls of industrial 
cleaning solvents, Section XVI.D revisions pertaining to RACT standards 
for combustion equipment, and Section XIX revisions pertaining to RACT 
requirements for major sources as to which we are not taking any 
action).
    We are also approving SIP revisions to Reg. No. 7 submitted by the 
State on May 13, 2013, except for provisions that have been superseded 
by later submissions, for which we are not taking any action. We are 
approving these actions in accordance with section 110, 42 U.S.C. 7410, 
and part D of the CAA.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of Colorado 
Reg. No. 11 pertaining to regulation of the State's motor vehicle 
emissions inspection program and Colorado Reg. No. 7 pertaining to 
regulation of sources of VOC and NOX emissions as discussed 
in section IV., J. Motor Vehicle Inspection and Maintenance Program (I/
M) Program and N. SIP Control Measures (except we are not acting on 
Reg. 7, Sections, X, XVI.D, and XIX in this action) 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). Therefore, 
these materials have been approved by the EPA for inclusion in the SIP, 
have been incorporated by reference by the EPA into that plan, are 
fully federally enforceable under sections 110 and 113 of the CAA as of 
the effective date of the final rulemaking of the EPA's approval, and 
will be incorporated by reference in the next update to the SIP 
compilation.\3\
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting federal 
requirements; this action 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action, because SIP approvals are exempted under 
Executive Order 12866;
     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 Clean Air Act; 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).
    In addition, the SIP does not 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 4, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See CAA section 307(b)(2).)

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: June 20, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:

[[Page 31071]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. In Sec.  52.320:
0
a. The table in paragraph (c) is amended by:
0
i. Revising table entries ``I,'' ``II,'' ``VI,'' ``VII,'' ``VIII,'' 
``IX,'' ``XII,'' and ``XVI,'' under the centered heading ``5 CCR 1001-
09, Regulation Number 7, Control of Ozone Via Ozone Precursors 
(Emissions of Volatile Organic Compounds and Nitrogen Oxides).''
0
ii. Revising table entry ``II'' and adding table entry ``V'' in 
numerical order under the centered heading ``5 CCR 1001-13, Regulation 
Number 11, Motor Vehicle Emissions Inspection Program--Part A, General 
Provisions, Area of Applicability, Schedules for Obtaining 
Certification of Emissions Control, Definitions, Exemptions, and Clean 
Screening/Remote Sensing.''
0
b. The table in paragraph (e) is amended by adding the entry ``2008 
Ozone Moderate Area Attainment Plan'' after the last entry under the 
heading ``Denver Metropolitan Area.''
    The revisions and additions read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                        State       EPA effective  Final rule/citation
              Title                effective date       date               date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
    5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic
                                         Compounds and Nitrogen Oxides)
----------------------------------------------------------------------------------------------------------------
I. Applicability.................       1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
                                                                    Register             05/11 except for
                                                                    citation], 7/3/      I.A.1.b, I.B.1.b,
                                                                    2018.                I.B.2.b, and I.B.2.d;
                                                                                         nonsubstantive changes
                                                                                         to I.A.1.a. and
                                                                                         I.A.1.c. approved 7/3/
                                                                                         2018.
II. General Provisions...........       1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
                                                                    Register             05/11 except for
                                                                    citation], 7/3/      II.A.12, II.C.1, and
                                                                    2018.                the repeal of
                                                                                         previously approved
                                                                                         II.D; nonsubstantive
                                                                                         changes to II.D
                                                                                         approved 7/3/2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
VI. Storage and Transfer of             1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
 Petroleum Liquid.                                                  Register             05/11; nonsubstantive
                                                                    citation], 7/3/      changes to
                                                                    2018.                VI.B.2.a.(iii)(B)
                                                                                         approved 7/3/2018.
VII. Crude Oil...................       1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
                                                                    Register             05/11; nonsubstantive
                                                                    citation], 7/3/      changes to VII.C 7/3/
                                                                    2018.                2018.
VIII. Petroleum Processing and          1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
 Refining.                                                          Register             05/11; nonsubstantive
                                                                    citation], 7/3/      changes to
                                                                    2018.                VIII.C.4.a.(i)(A)(6) 7/
                                                                                         3/2018.
IX. Surface Coating Operations...       1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 08/
                                                                    Register             05/11; nonsubstantive
                                                                    citation], 7/3/      changes to IX.A.3.c.,
                                                                    2018.                IX.A.5.a.-d., and
                                                                                         IX.A.12.a. 7/3/2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
XII. Volatile Organic Compound          1/14/2017        8/2/2018  [Insert Federal      Previous SIP approval 02/
 Emissions From Oil and Gas                                         Register             13/08; substantive
 Operations.                                                        citation], 7/3/      changes to Section XII;
                                                                    2018.                state-only provisions
                                                                                         excluded 7/3/2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
XVI. Control of Emissions from      2/15/2013, 1/        8/2/2018  [Insert Federal      Previous SIP approval 08/
 Stationary and Portable Engines          14/2017                   Register             19/05; nonsubstantive
 in the 8-Hour Ozone Control Area.                                  citation], 7/3/      changes to Sections
                                                                    2018.                XVI.A.-C. 7/3/2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  5 CCR 1001-13, Regulation Number 11, Motor Vehicle Emissions Inspection Program--Part A, General Provisions,
 Area of Applicability, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and
                                         Clean Screening/Remote Sensing
----------------------------------------------------------------------------------------------------------------
 

[[Page 31072]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
II. Definitions..................       1/14/2017        8/2/2018  [Insert Federal
                                                                    Register
                                                                    citation], 7/3/
                                                                    2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
V. Expansion of the Enhanced            1/14/2017        8/2/2018  [Insert Federal
 Emissions Program to the North                                     Register
 Front Range Area.                                                  citation], 7/3/
                                                                    2018.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                         State       EPA effective   Final rule/citation
               Title                effective date       date                date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                Maintenance Plans
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2008 Ozone Moderate Area                 1/14/2017        8/2/2018  [Insert Federal        Except RACT for Metal
 Attainment Plan.                                                    Register citation],    Furniture Coatings,
                                                                     7/3/2018.              Miscellaneous Metal
                                                                                            Products Coatings,
                                                                                            Wood Furniture
                                                                                            Manufacturing
                                                                                            Operations,
                                                                                            Industrial Cleaning
                                                                                            Solvents, Aerospace,
                                                                                            Oil and Natural Gas
                                                                                            Industry, and major
                                                                                            source RACT.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2018-13599 Filed 7-2-18; 8:45 am]
 BILLING CODE 6560-50-P



                                              31068                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              ENVIRONMENTAL PROTECTION                 Jefferson Counties, and portions of                                   that the EPA delay taking action on the
                                              AGENCY                                   Larimer and Weld Counties. See 40 CFR                                 combustion adjustment and tuning work
                                                                                       81.306. The area was designated                                       practice requirements in Reg. 7, Section
                                              40 CFR Part 52                           nonattainment for the 2008 ozone                                      XVI.D, due to ‘‘Colorado’s ongoing
                                              [EPA–R08–OAR–2017–0567; FRL–9979–        NAAQS effective July 20, 2012 (77 FR                                  efforts to further establish RACT for
                                              64—Region 8]                             30088, May 21, 2012) and reclassified as                              combustion sources on a categorical
                                                                                       a Moderate ozone nonattainment area                                   basis.’’ Colorado stated that it
                                              Approval and Promulgation of State       on May 4, 2016 (81 FR 26697; see 40                                   anticipates submitting to the EPA
                                              Implementation Plan Revisions;           CFR 81.306). Moderate areas are                                       additional RACT standards for
                                              Colorado; Attainment Demonstration       required to attain the 2008 8-hour ozone                              combustion equipment in Summer
                                              for the 2008 8-Hour Ozone Standard for NAAQS by no later than 6 years after                                    2019, and requested that the EPA delay
                                              the Denver Metro/North Front Range       the effective date of designation, which                              action on Reg. 7, Section XVI.D
                                              Nonattainment Area, and Approval of      for the DMNFR nonattainment area is                                   revisions from the May 31, 2017
                                              Related Revisions                        July 20, 2018. See 40 CFR 51.903.                                     submittal so that the Agency ‘‘can
                                                                                          On April 6, 2018, 83 FR 14807, the                                 incorporate and approve Colorado’s
                                              AGENCY: Environmental Protection         EPA proposed approval of certain                                      RACT standards for combustion
                                              Agency (EPA).                            revisions to Colorado’s SIP submitted to                              equipment all at once.’’
                                              ACTION: Final rule.                      the EPA on May 5, 2013, and May 31,                                      Response: The Agency acknowledges
                                                                                       2017. Specifically, we proposed                                       the State’s support for this action. We
                                              SUMMARY: On May 31, 2017, the State of   approval of Colorado’s 2017 attainment                                agree with the request that we refrain
                                              Colorado submitted State                 demonstration for the 2008 8-hour                                     from acting on Reg. 7, Section XVI.D of
                                              Implementation Plan (SIP) revisions      ozone NAAQS. In addition, we                                          Colorado’s May 31, 2017 submittal,
                                              related to attainment of the 2008 8-hour proposed approval of the motor vehicle                                which established RACT as a work
                                              ozone National Ambient Air Quality       emissions budgets (MVEB) contained in                                 practice for combustion equipment at
                                              Standard (NAAQS) for the Denver          the State’s 2017 submittal. We also                                   major sources of nitrogen oxide (NOX)
                                              Metro/North Front Range (DMNFR)          proposed approval of all other aspects of                             emissions. In our notice of proposed
                                              Moderate nonattainment area by the       the 2017 submittal, except for certain                                rulemaking, we proposed to approve all
                                              applicable attainment date of July 20,   area source categories and major source                               of Reg. 7, Section XVI, but explained
                                              2018. The Environmental Protection       RACT, which we will be acting on at a                                 that we would be acting on Colorado’s
                                              Agency (EPA) is approving the majority later date. We proposed approval of the                                 RACT demonstration for major sources
                                              of the submittal, as well as revisions   revisions to Colorado’s Reg. 7 and 11,                                in a future rulemaking and identified
                                              made to Colorado’s Reg. No. 7 in a May   except for Sections X.E and XIX of Reg.                               provisions for which we were taking no
                                              5, 2013 SIP submission. The EPA is       7, which we will be acting on at a later                              action on at the time (see sections H and
                                              deferring action on portions of the      date. We proposed approval of the                                     N of the proposed rulemaking). The
                                              submitted reasonably available control   revisions to Colorado Reg. 7 Section XII                              State’s desire to incorporate Section
                                              technology (RACT) rules. This action is  from the State’s May 5, 2013 submittal.                               XVI.D into its anticipated combustion
                                              being taken in accordance with the          The factual and legal background for                               equipment RACT submission is
                                              Clean Air Act (CAA).                     this action is discussed in detail in our                             reasonable, and because Colorado did
                                              DATES: Effective August 2, 2018.         April 6, 2018 proposed approval. 83 FR                                not rely on any emission reductions
                                              ADDRESSES: The EPA has established a     14807. The proposal provides a detailed                               from control requirements in Section
                                              docket for this action under Docket ID   description of the revisions and the                                  XVI.D in its 2017 modeling analysis, we
                                              Number EPA–R08–OAR–2017–0567. All rationale for the EPA’s proposed                                             are able to act on this revision in a
                                              documents in the docket are listed on    actions.                                                              separate action. We, therefore, agree
                                              the http://www.regulations.gov website. II. Response to Comments                                               with the State’s comment and will act
                                              Although listed in the index, some                                                                             on revisions to Reg. 7, XVI.D from the
                                                                                          We received nineteen comments                                      May 31, 2017 submittal at a later time.
                                              information is not publicly available,
                                                                                       during the public comment period.
                                              e.g., confidential business information                                                                        Comment From Anonymous
                                                                                       After reviewing the comments, the EPA
                                              (CBI) or other information whose                                                                                  The comment described the approval
                                                                                       has determined that sixteen of the
                                              disclosure is restricted by statute.                                                                           of the State’s revised SIP as ‘‘a necessary
                                                                                       comments are outside the scope of our
                                              Certain other material, such as                                                                                step’’ that ‘‘will hold owners and
                                                                                       proposed action or fail to identify any
                                              copyrighted material, is not placed on                                                                         operators more accountable for their
                                                                                       material issue necessitating a response.
                                              the internet and will be publicly                                                                              actions,’’ and cited several specific
                                                                                       We received two comments supporting
                                              available only in hard copy form.                                                                              provisions as beneficial. The commenter
                                                                                       our proposal to approve the DMNFR
                                              Publicly available docket materials are                                                                        urged future action on the changes made
                                                                                       moderate nonattainment area attainment
                                              available through http://                                                                                      to Reg. 7, Sections X and section XIX,
                                                                                       demonstration and related revisions,
                                              www.regulations.gov, or please contact                                                                         and also urged ‘‘every revision and
                                                                                       and one adverse comment. Below is a
                                              the person identified in the FOR FURTHER                                                                       action’’ to meet the ozone standard.
                                                                                       summary of the material comments and
                                              INFORMATION CONTACT section for                                                                                   Response: The EPA agrees that the SIP
                                                                                       the EPA’s responses.
                                              additional available information.                                                                              provisions we are approving, which will
                                              FOR FURTHER INFORMATION CONTACT:         Comments From Colorado Department                                     be enforceable as a matter of federal law,
                                              Abby Fulton, (303) 312–6563,             of Public Health and Environment                                      are necessary steps to comply with the
sradovich on DSK3GMQ082PROD with RULES




                                              fulton.abby@epa.gov.                        The Colorado Department of Public                                  CAA and protect air quality. We are
                                              SUPPLEMENTARY INFORMATION:               Health and Environment (CDPHE) stated                                 taking no action in this final rule on the
                                                                                       that ‘‘Colorado supports EPA’s proposal                               State submissions concerning Reg. No.
                                              I. Background                            to approve the DMNFR moderate                                         7, Sections X.E. and XIX, but do intend
                                                 The DMNFR nonattainment area          nonattainment area attainment                                         to act on them in a later rulemaking.
                                              includes Adams, Arapahoe, Boulder,       demonstration and many of the related                                 Further, we will continue our ongoing
                                              Broomfield, Denver, Douglas and          revisions.’’ The State further requested                              work to assist the State in its


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                                                    Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                               31069

                                              development of measures to improve air                    intended to assess whether SIP controls               including developing and submitting a
                                              quality.                                                  are adequate to reduce ambient ozone to               new attainment demonstration.
                                                                                                        a level at or below the NAAQS by the                     In addition, it is possible that
                                              Comments From the Center for                                                                                    Colorado will request and receive an
                                                                                                        attainment date, and such an assessment
                                              Biological Diversity                                                                                            extension of the attainment date if that
                                                                                                        is based on modeling. The modeled
                                              Comment 1                                                 attainment demonstration can be an                    is required, as is envisioned in section
                                                 The comment stated that the ‘‘EPA                      approvable SIP element, even if actual                181(b)(2). The CAA allows for up to two
                                              must disapprove the attainment                            monitored data do not show attainment.                attainment date extensions, if the fourth
                                              designation [sic; rightly                                    Applying this standard, Colorado’s                 maximum 8-hour average ozone
                                              ‘‘demonstration’’] because the N. Front                   attainment demonstration qualifies for                concentration in the attainment year
                                              Range nonattainment area did not attain                   EPA approval. As described in the 2008                (2017 in this case) is below the level of
                                              by the attainment deadline’’ and that the                 Ozone Implementation Rule (80 FR                      the standard.2 Thus, a nonattainment
                                              ‘‘EPA must disapprove the attainment                      12292), ‘‘[t]o demonstrate attainment,                area may be able to attain the NAAQS
                                              demonstration because it was                              the modeling results for the                          by the extended attainment date, even if
                                              demonstrable [sic] wrong.’’ The                           nonattainment area must predict that                  the measured design value for an area
                                              comment said that ‘‘EPA has used the                      emissions reductions implemented by                   does not meet the NAAQS at the end of
                                              excuse of ignoring ozone values if the                    the beginning of the last full ozone                  the original attainment year, if the area
                                              comment period or decision is before                      season preceding the attainment date                  is eligible for and is granted an
                                              the May 1 deadline for certifying data’’                  will result in ozone concentrations that              attainment date extension. The original
                                              and that the time the comment was                         meet the level of the standard’’ (80 FR               attainment date has not yet passed, and
                                              submitted was after May 1. The                            12270, March 6, 2015). We find the                    it is possible that the attainment date
                                              comment also explained that ‘‘EPA uses                    attainment demonstration submitted on                 will be extended per section 181(b)(2).
                                              the exceptional event provision as                        May 31, 2017, adequate to meet this                   As previously noted, the Colorado SIP
                                              another excuse. However, in Table 1                       requirement.                                          submission satisfies the requirements
                                              [from the commenter], which is                               The EPA acknowledges that 2014–                    for a modeled demonstration that the
                                              generated from data from EPA’s Air                        2016 and 2015–2017 monitored design                   area will meet the standard in the
                                              Quality System (AQS), we have                             values in the Denver nonattainment area               attainment year.
                                              excluded exceptional events even                          violate the 2008 ozone NAAQS,                         Comment 2
                                              though Colorado’s claims of exceptional                   regardless of whether all data are used,
                                                                                                                                                                The commenter also criticized EPA’s
                                              events are not valid.’’                                   or whether instead, potential
                                                                                                                                                              approach to calculating design values
                                                 Response: We do not agree with the                     exceptional event data (which have not
                                                                                                                                                              for using figures that are ‘‘truncated
                                              commenter’s argument that the EPA                         been acted on by the EPA) are removed.
                                                                                                                                                              rather than rounded.’’
                                              should disapprove the attainment                          But under the CAA, a determination of                   Response: Rules for calculating
                                              demonstration because the area did not                    whether an area has failed to attain is a             monitored ozone design values for the
                                              attain by the attainment deadline, or                     separate action entirely from the review              2008 ozone NAAQS are in 40 CFR part
                                              with the commenter’s assertions                           of an attainment demonstration SIP. The               50, appendix P. Section 2.1 of appendix
                                              concerning exceptional events and the                     EPA’s SIP review occurs under CAA                     P requires that hourly average ozone be
                                              timing of the submission.                                 section 110(k), 42 U.S.C. 7410(k), while              truncated to the third decimal place
                                                 Colorado has satisfied the legal and                   a determination of whether an area has                (0.001 ppm), as shall 8-hour averages
                                              regulatory criteria for approving                         failed to attain is governed by CAA                   compiled from the individual 1-hour
                                              attainment demonstration SIPs. An                         section 181(b)(2), 42 U.S.C. 7511(b)(2).              averages. Section 2.2 of appendix P then
                                              attainment demonstration uses                             Under section 181(b)(2), the EPA must                 requires that 3-year averages of annual
                                              photochemical grid modeling to show                       determine whether an ozone                            fourth highest 8-hour averages also be
                                              that SIP controls are sufficient to reduce                nonattainment area has attained the                   truncated to the third decimal place.
                                              predicted ambient ozone levels to a                       applicable NAAQS ‘‘[w]ithin 6 months                  The truncation is thus in compliance
                                              level at or below the standard, assuming                  following the applicable attainment date              with the procedure required by the
                                              identical meteorology in the baseline                     (including any extension thereof).’’                  regulations.
                                              and future (modeled) years. As                            (Emphasis added.) Here, the applicable
                                              explained in section IV.D and E of the                    attainment date is still in the future: July          III. Final Action
                                              proposed rulemaking, to predict future                    20, 2018. After that date, the EPA will                  We are approving the SIP submittal
                                              ozone levels the modeled attainment                       analyze the pertinent information and                 from the State of Colorado for the
                                              demonstration uses a baseline design                      determine whether the DMNFR                           DMNFR ozone nonattainment area
                                              value derived from historical data (in                    nonattainment area has attained the                   submitted on May 31, 2017.
                                              this case 2009–2013), historical                          NAAQS by the applicable attainment                    Specifically, we are approving the
                                              meteorological data from the baseline                     date in accordance with section                       following:
                                              period, emission inventories                              181(b)(2). In the event that the EPA                     • Attainment demonstration with
                                              representing the baseline design value                    determines that the area failed to attain             weight of evidence analysis for the 2008
                                              period, and modeled reductions in                         based on certified air quality data, the              ozone NAAQS;
                                              emissions based on SIP control                            DMNFR nonattainment area may be                          • Base and future year emissions
                                              measures. The attainment                                  reclassified to Serious by operation of               inventories;
                                              demonstration is not required to                          law, and would then be subject to a                      • RFP demonstration;
                                                                                                                                                                 • Demonstration of RACT for Volatile
sradovich on DSK3GMQ082PROD with RULES




                                              identically match actual monitored                        number of Serious area attainment
                                              ozone levels for the future years                         planning and control requirements,                    Organic Compounds (VOC) Control
                                              described in the model.1 Rather, it is                                                                          Technique Guidelines (CTG) sources
                                                                                                        measurements of ozone in future modeled years
                                                1 As noted above, attainment demonstration              cannot match that predicted by models. In addition,      2 See CAA section 181(b)(2)(A), 42 U.S.C.

                                              modeling assumes that the future meteorology will         monitoring data may not always accurately reflect     7511(b)(2)(A), the EPA’s implementing regulations
                                              be identical to that in the baseline period, but year-    conditions in the area, such as during times of       at 40 CFR 51.1103, and 2008 Ozone Implementation
                                              to-year variability in meteorology means that actual      exceptional events.                                   Rule (80 FR 12292).



                                         VerDate Sep<11>2014    16:05 Jul 02, 2018   Jkt 244001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                              31070                Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                              (except for the following CTG source                     incorporated by reference in the next                     methods, under Executive Order 12898
                                              categories as to which we are not taking                 update to the SIP compilation.3                           (59 FR 7629, February 16, 1994).
                                              any action at this time: Metal Furniture                                                                              In addition, the SIP does not apply on
                                                                                                       V. Statutory and Executive Order
                                              Coatings, 2007; Miscellaneous Metal                                                                                any Indian reservation land or in any
                                                                                                       Reviews
                                              Products Coatings, 2008; Wood                                                                                      other area where the EPA or an Indian
                                              Furniture Manufacturing Operations,                         Under the CAA, the Administrator is
                                                                                                                                                                 tribe has demonstrated that a tribe has
                                              1996; Industrial Cleaning Solvents,                      required to approve a SIP submission
                                                                                                                                                                 jurisdiction. In those areas of Indian
                                              2006; Aerospace, 1997; and Oil and                       that complies with the provisions of the
                                                                                                                                                                 country, the rule does not have tribal
                                              Natural Gas Industry, 2016.);                            Act and applicable federal regulations.
                                                                                                                                                                 implications and will not impose
                                                • Demonstration of RACM                                42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                                                                       Thus, in reviewing SIP submissions, the                   substantial direct costs on tribal
                                              implementation;
                                                • Motor vehicle inspection and                         EPA’s role is to approve state actions,                   governments or preempt tribal law as
                                              maintenance program revisions in                         provided that they meet the criteria of                   specified by Executive Order 13175 (65
                                              Colorado’s Reg. No. 11;                                  the CAA. Accordingly, this action                         FR 67249, November 9, 2000).
                                                • NNSR program;                                        merely approves some state law                               The Congressional Review Act, 5
                                                • Contingency measures plan;                           provisions as meeting federal                             U.S.C. 801 et seq., as added by the Small
                                                • MVEBs; and                                           requirements; this action does not                        Business Regulatory Enforcement
                                                • Revisions to Colorado’s Reg. No. 7                   impose additional requirements beyond                     Fairness Act of 1996, generally provides
                                              (except for revisions to Reg. No. 7,                     those imposed by state law. For that                      that before a rule may take effect, the
                                              Section X pertaining to VOC controls of                  reason, this action:                                      agency promulgating the rule must
                                              industrial cleaning solvents, Section                       • Is not a significant regulatory action               submit a rule report, which includes a
                                              XVI.D revisions pertaining to RACT                       subject to review by the Office of                        copy of the rule, to each House of the
                                              standards for combustion equipment,                      Management and Budget under                               Congress and to the Comptroller General
                                              and Section XIX revisions pertaining to                  Executive Orders 12866 (58 FR 51735,                      of the United States. The EPA will
                                              RACT requirements for major sources as                   October 4, 1993) and 13563 (76 FR 3821,                   submit a report containing this action
                                              to which we are not taking any action).                  January 21, 2011);                                        and other required information to the
                                                We are also approving SIP revisions to                    • Is not an Executive Order 13771 (82                  U.S. Senate, the U.S. House of
                                              Reg. No. 7 submitted by the State on                     FR 9339, February 2, 2017) regulatory                     Representatives, and the Comptroller
                                              May 13, 2013, except for provisions that                 action, because SIP approvals are                         General of the United States prior to
                                              have been superseded by later                            exempted under Executive Order 12866;                     publication of the rule in the Federal
                                              submissions, for which we are not                           • Does not impose an information                       Register. A major rule cannot take effect
                                              taking any action. We are approving                      collection burden under the provisions                    until 60 days after it is published in the
                                              these actions in accordance with section                 of the Paperwork Reduction Act (44                        Federal Register. This action is not a
                                              110, 42 U.S.C. 7410, and part D of the                   U.S.C. 3501 et seq.);                                     ‘‘major rule’’ as defined by 5 U.S.C.
                                              CAA.                                                        • Is certified as not having a                         804(2).
                                              IV. Incorporation by Reference                           significant economic impact on a
                                                                                                       substantial number of small entities                         Under section 307(b)(1) of the CAA,
                                                In this rule, the EPA is finalizing                    under the Regulatory Flexibility Act (5                   petitions for judicial review of this
                                              regulatory text that includes                            U.S.C. 601 et seq.);                                      action must be filed in the United States
                                              incorporation by reference. In                              • Does not contain any unfunded                        Court of Appeals for the appropriate
                                              accordance with requirements of 1 CFR                    mandate or significantly or uniquely                      circuit by September 4, 2018. Filing a
                                              51.5, the EPA is finalizing the                          affect small governments, as described                    petition for reconsideration by the
                                              incorporation by reference of Colorado                   in the Unfunded Mandates Reform Act                       Administrator of this final rule does not
                                              Reg. No. 11 pertaining to regulation of                  of 1995 (Pub. L. 104–4);                                  affect the finality of this action for the
                                              the State’s motor vehicle emissions                         • Does not have federalism                             purposes of judicial review nor does it
                                              inspection program and Colorado Reg.                     implications as specified in Executive                    extend the time within which a petition
                                              No. 7 pertaining to regulation of sources                Order 13132 (64 FR 43255, August 10,                      for judicial review may be filed, and
                                              of VOC and NOX emissions as discussed                    1999);                                                    shall not postpone the effectiveness of
                                              in section IV., J. Motor Vehicle                            • Is not an economically significant                   such rule or action. This action may not
                                              Inspection and Maintenance Program (I/                   regulatory action based on health or                      be challenged later in proceedings to
                                              M) Program and N. SIP Control                            safety risks subject to Executive Order                   enforce its requirements. (See CAA
                                              Measures (except we are not acting on                    13045 (62 FR 19885, April 23, 1997);                      section 307(b)(2).)
                                              Reg. 7, Sections, X, XVI.D, and XIX in                      • Is not a significant regulatory action
                                              this action) of this preamble. The EPA                   subject to Executive Order 13211 (66 FR                   List of Subjects in 40 CFR Part 52
                                              has made, and will continue to make,                     28355, May 22, 2001);                                       Environmental protection, Air
                                              these materials generally available                         • Is not subject to requirements of                    pollution control, Carbon monoxide,
                                              through www.regulations.gov and at the                   section 12(d) of the National                             Greenhouse gases, Incorporation by
                                              EPA Region 8 Office (please contact the                  Technology Transfer and Advancement                       reference, Intergovernmental relations,
                                              person identified in the FOR FURTHER                     Act of 1995 (15 U.S.C. 272 note),                         Lead, Nitrogen dioxide, Ozone,
                                              INFORMATION CONTACT section of this                      because application of those                              Particulate matter, Reporting and
                                              preamble for more information).                          requirements would be inconsistent                        recordkeeping requirements, Sulfur
                                              Therefore, these materials have been                     with the Clean Air Act; and                               oxides, Volatile organic compounds.
sradovich on DSK3GMQ082PROD with RULES




                                              approved by the EPA for inclusion in                        • Does not provide the EPA with the
                                              the SIP, have been incorporated by                       discretionary authority to address, as                      Authority: 42 U.S.C. 7401 et seq.
                                              reference by the EPA into that plan, are                 appropriate, disproportionate human                         Dated: June 20, 2018.
                                              fully federally enforceable under                        health or environmental effects, using                    Douglas Benevento,
                                              sections 110 and 113 of the CAA as of                    practicable and legally permissible
                                                                                                                                                                 Regional Administrator, Region 8.
                                              the effective date of the final rulemaking
                                              of the EPA’s approval, and will be                            3 62   FR 27968 (May 22, 1997).                         40 CFR part 52 is amended as follows:


                                         VerDate Sep<11>2014   16:05 Jul 02, 2018   Jkt 244001   PO 00000     Frm 00034     Fmt 4700   Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                                                       Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations                                                            31071

                                              PART 52—APPROVAL AND                                            ■  i. Revising table entries ‘‘I,’’ ‘‘II,’’ ‘‘VI,’’           Obtaining Certification of Emissions
                                              PROMULGATION OF                                                 ‘‘VII,’’ ‘‘VIII,’’ ‘‘IX,’’ ‘‘XII,’’ and ‘‘XVI,’’              Control, Definitions, Exemptions, and
                                              IMPLEMENTATION PLANS                                            under the centered heading ‘‘5 CCR                            Clean Screening/Remote Sensing.’’
                                                                                                              1001–09, Regulation Number 7, Control                         ■ b. The table in paragraph (e) is
                                              ■ 1. The authority citation for part 52                         of Ozone Via Ozone Precursors                                 amended by adding the entry ‘‘2008
                                              continues to read as follows:                                   (Emissions of Volatile Organic                                Ozone Moderate Area Attainment Plan’’
                                                                                                              Compounds and Nitrogen Oxides).’’                             after the last entry under the heading
                                                  Authority: 42 U.S.C. 7401 et seq.                           ■ ii. Revising table entry ‘‘II’’ and                         ‘‘Denver Metropolitan Area.’’
                                                                                                              adding table entry ‘‘V’’ in numerical                            The revisions and additions read as
                                              Subpart G—Colorado                                              order under the centered heading ‘‘5                          follows:
                                                                                                              CCR 1001–13, Regulation Number 11,
                                              ■2. In § 52.320:                                                Motor Vehicle Emissions Inspection                            § 52.320    Identification of plan.
                                              ■a. The table in paragraph (c) is                               Program—Part A, General Provisions,                           *       *    *       *     *
                                              amended by:                                                     Area of Applicability, Schedules for                              (c) * * *

                                                                                            State               EPA
                                                              Title                        effective          effective              Final rule/citation date                                Comments
                                                                                             date               date


                                                          *                            *                           *                          *                        *                     *                    *

                                                    5 CCR 1001–09, Regulation Number 7, Control of Ozone Via Ozone Precursors (Emissions of Volatile Organic Compounds and
                                                                                                       Nitrogen Oxides)

                                              I. Applicability ...................           1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11 except for I.A.1.b,
                                                                                                                                      citation], 7/3/2018.              I.B.1.b, I.B.2.b, and I.B.2.d; nonsubstantive
                                                                                                                                                                        changes to I.A.1.a. and I.A.1.c. approved 7/3/
                                                                                                                                                                        2018.
                                              II. General Provisions .......                 1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11 except for II.A.12,
                                                                                                                                      citation], 7/3/2018.              II.C.1, and the repeal of previously approved II.D;
                                                                                                                                                                        nonsubstantive changes to II.D approved 7/3/
                                                                                                                                                                        2018.


                                                          *                            *                           *                          *                        *                     *                    *

                                              VI. Storage and Transfer                       1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11; nonsubstantive
                                                of Petroleum Liquid.                                                                  citation], 7/3/2018.              changes to VI.B.2.a.(iii)(B) approved 7/3/2018.
                                              VII. Crude Oil ...................             1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11; nonsubstantive
                                                                                                                                      citation], 7/3/2018.              changes to VII.C 7/3/2018.
                                              VIII. Petroleum Processing                     1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11; nonsubstantive
                                                and Refining.                                                                         citation], 7/3/2018.              changes to VIII.C.4.a.(i)(A)(6) 7/3/2018.
                                              IX. Surface Coating Oper-                      1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 08/05/11; nonsubstantive
                                                ations.                                                                               citation], 7/3/2018.              changes to IX.A.3.c., IX.A.5.a.–d., and IX.A.12.a.
                                                                                                                                                                        7/3/2018.


                                                          *                            *                           *                          *                        *                     *                    *

                                              XII. Volatile Organic Com-                     1/14/2017                 8/2/2018    [Insert Federal Register           Previous SIP approval 02/13/08; substantive
                                                pound Emissions From                                                                  citation], 7/3/2018.              changes to Section XII; state-only provisions ex-
                                                Oil and Gas Operations.                                                                                                 cluded 7/3/2018.


                                                          *                            *                           *                          *                        *                     *                    *

                                              XVI. Control of Emissions                2/15/2013, 1/                   8/2/2018    [Insert Federal Register           Previous SIP approval 08/19/05; nonsubstantive
                                               from Stationary and                          14/2017                                   citation], 7/3/2018.              changes to Sections XVI.A.–C. 7/3/2018.
                                               Portable Engines in the
                                               8-Hour Ozone Control
                                               Area.


                                                          *                            *                           *                          *                        *                     *                    *
sradovich on DSK3GMQ082PROD with RULES




                                              5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part A, General Provisions, Area of Applica-
                                                bility, Schedules for Obtaining Certification of Emissions Control, Definitions, Exemptions, and Clean Screening/Remote Sensing




                                         VerDate Sep<11>2014      16:30 Jul 02, 2018       Jkt 244001   PO 00000       Frm 00035   Fmt 4700       Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1


                                              31072                      Federal Register / Vol. 83, No. 128 / Tuesday, July 3, 2018 / Rules and Regulations

                                                                                             State                 EPA
                                                              Title                         effective            effective              Final rule/citation date                                Comments
                                                                                              date                 date

                                                          *                             *                            *                           *                        *                     *                 *

                                              II. Definitions ....................            1/14/2017                  8/2/2018    [Insert Federal Register
                                                                                                                                        citation], 7/3/2018.


                                                          *                             *                            *                           *                        *                     *                 *

                                              V. Expansion of the En-                         1/14/2017                  8/2/2018    [Insert Federal Register
                                                hanced Emissions Pro-                                                                   citation], 7/3/2018.
                                                gram to the North Front
                                                Range Area.


                                                          *                             *                            *                           *                        *                     *                 *



                                              *       *        *         *      *                                    (e) * * *

                                                                                                          State                 EPA
                                                                      Title                              effective            effective                    Final rule/citation date                   Comments
                                                                                                           date                 date


                                                          *                             *                            *                           *                        *                     *                 *

                                                                                                                                     Maintenance Plans


                                                          *                             *                            *                           *                        *                     *                 *

                                                                                                                               Denver Metropolitan Area


                                                      *                 *                                        *                               *                   *                         *                   *
                                              2008 Ozone Moderate Area Attain-                            1/14/2017                 8/2/2018      [Insert Federal Register citation],      Except RACT for Metal Furniture
                                                ment Plan.                                                                                           7/3/2018.                               Coatings, Miscellaneous Metal
                                                                                                                                                                                             Products Coatings, Wood Fur-
                                                                                                                                                                                             niture Manufacturing Operations,
                                                                                                                                                                                             Industrial Cleaning Solvents,
                                                                                                                                                                                             Aerospace, Oil and Natural Gas
                                                                                                                                                                                             Industry, and major source
                                                                                                                                                                                             RACT.

                                                          *                             *                            *                           *                        *                     *                 *



                                              [FR Doc. 2018–13599 Filed 7–2–18; 8:45 am]                         Air Quality Management District                               some information is not publicly
                                              BILLING CODE 6560–50–P                                             (YSAQMD or ‘‘District’’) portion of the                       available, e.g., Confidential Business
                                                                                                                 California State Implementation Plan                          Information or other information whose
                                                                                                                 (SIP). This revision concerns the                             disclosure is restricted by statute.
                                              ENVIRONMENTAL PROTECTION                                           District’s negative declarations for                          Certain other material, such as
                                              AGENCY                                                             several volatile organic compound                             copyrighted material, is not placed on
                                                                                                                 (VOC) source categories included in its                       the internet and will be publicly
                                              40 CFR Part 52                                                     Reasonably Available Control                                  available only in hard copy form.
                                                                                                                 Technology (RACT) State                                       Publicly available docket materials are
                                              [EPA–R09–OAR–2018–0160; FRL–9980–                                  Implementation Plan Analysis. We are
                                              17—Region 9]                                                                                                                     available through https://
                                                                                                                 approving these negative declarations                         www.regulations.gov, or please contact
                                              Air Plan Approval; California; Yolo-                               under the Clean Air Act (CAA or ‘‘the                         the person identified in the FOR FURTHER
                                              Solano Air Quality Management                                      Act’’).
                                                                                                                                                                               INFORMATION CONTACT section for
                                              District; Negative Declarations                                    DATES: This rule is effective on August                       additional availability information.
                                                                                                                 2, 2018.
sradovich on DSK3GMQ082PROD with RULES




                                              AGENCY:  Environmental Protection                                                                                                FOR FURTHER INFORMATION CONTACT:
                                              Agency (EPA).                                                      ADDRESSES:   The EPA has established a                        Stanley Tong, EPA Region IX, (415)
                                              ACTION: Final rule.                                                docket for this action under Docket ID                        947–4122, tong.stanley@epa.gov.
                                                                                                                 No. EPA–R09–OAR–2018–0160. All
                                              SUMMARY:  The Environmental Protection                             documents in the docket are listed on                         SUPPLEMENTARY INFORMATION:
                                              Agency (EPA) is taking final action to                             the https://www.regulations.gov                               Throughout this document, ‘‘we,’’ ‘‘us’’
                                              approve a revision to the Yolo-Solano                              website. Although listed in the index,                        and ‘‘our’’ refer to the EPA.


                                         VerDate Sep<11>2014       16:05 Jul 02, 2018       Jkt 244001    PO 00000       Frm 00036    Fmt 4700       Sfmt 4700   E:\FR\FM\03JYR1.SGM   03JYR1



Document Created: 2018-07-02 23:55:35
Document Modified: 2018-07-02 23:55:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 2, 2018.
ContactAbby Fulton, (303) 312-6563, [email protected]
FR Citation83 FR 31068 
CFR AssociatedEnvironmental 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 and Volatile Organic Compounds

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR