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)
Federal Register Volume 83, Issue 128 (July 3, 2018)
| Page Range | 31068-31072 | |
| FR Document | 2018-13599 |
[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 NO X 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
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![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).
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![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
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![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.
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Document Created: 2018-07-02 23:55:35
Document Modified: 2018-07-02 23:55:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective August 2, 2018. | |
| Contact | Abby Fulton, (303) 312-6563, [email protected] | |
| FR Citation | 83 FR 31068 | |
| CFR Associated | 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 and Volatile Organic Compounds |
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