83_FR_31461 83 FR 31332 - Approval and Promulgation of Air Quality Implementation Plans; Colorado; Regional Haze State Implementation Plan

83 FR 31332 - Approval and Promulgation of Air Quality Implementation Plans; Colorado; Regional Haze State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 129 (July 5, 2018)

Page Range31332-31334
FR Document2018-14387

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Colorado on May 26, 2017, addressing regional haze. The revisions include source-specific revisions to the nitrogen oxides (NO<INF>X</INF>) best available retrofit technology (BART) determination for Craig Station Unit 1 and to the NO<INF>X</INF> reasonable progress determination for the Nucla Station. Both Craig Station Unit 1 and Nucla Station are owned in part and operated by Tri-State Generation & Transmission Association, Inc. (Tri-State). The EPA is taking this action pursuant to section 110 of the Clean Air Act (CAA).

Federal Register, Volume 83 Issue 129 (Thursday, July 5, 2018)
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Rules and Regulations]
[Pages 31332-31334]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14387]



[[Page 31332]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0015; FRL-9980-13--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Regional Haze State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Colorado 
on May 26, 2017, addressing regional haze. The revisions include 
source-specific revisions to the nitrogen oxides (NOX) best 
available retrofit technology (BART) determination for Craig Station 
Unit 1 and to the NOX reasonable progress determination for 
the Nucla Station. Both Craig Station Unit 1 and Nucla Station are 
owned in part and operated by Tri-State Generation & Transmission 
Association, Inc. (Tri-State). The EPA is taking this action pursuant 
to section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on August 6, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0015. 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., 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 availability 
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, 
dobrahner.jaslyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    In our notice of proposed rulemaking published on April 26, 2018 
(83 FR 18243), the EPA proposed to approve revisions to Colorado Code 
of Regulations, Regulation Number 3, Part F, Section VI, submitted by 
the State of Colorado on May 26, 2017. In this rulemaking, we are 
taking final action to approve Colorado's modification of the 
NOX BART determination for Craig Unit 1 and the 
NOX reasonable progress determination for Nucla. 
Specifically, the EPA is approving the revised Craig Unit 1 
NOX BART determination, which requires Craig Unit 1 to meet 
an annual NOX emission limit of 4,065 tons per year (tpy) by 
December 31, 2019. The SIP revision also requires the unit to either 
(1) convert to natural gas by August 31, 2023, and if converting to 
natural gas, comply with a NOX emission limit of 0.07 lb/
MMBtu (30-day rolling average) beginning August 31, 2021, or (2) shut 
down by December 31, 2025. The EPA is also approving the State's 
revised Nucla NOX reasonable progress determination, which 
requires the source to meet an annual NOX emission limit of 
952 tpy by January 1, 2020, and shut down on or before December 31, 
2022. The Colorado Air Quality Control Commission adopted the revisions 
on December 15, 2016 (effective February 14, 2017). The reasons for our 
approval are provided in detail in the proposed rule.

II. Response to Comments

    We received five comments during the public comment period. After 
reviewing the comments, the EPA has determined that four of the 
comments are outside the scope of our proposed action or fail to 
identify any material issue necessitating a response. The remaining 
comment, submitted by Tri-State, raised concerns with the proposed rule 
regarding the amortization period and remaining useful life of Craig 
Unit 1.
    Comment: First, Tri-State asserts that it is important that 
accurately representative periods of time be used in calculating the 
cost effectiveness of emission controls. Specifically, Tri-State 
asserts that amortization period calculations of eight years are 
incorrect. Instead, an amortization period of four years for SNCR and 
two years for SCR should be used, as these represent the periods of 
time following possible EPA approval of the Colorado SIP and complete 
installation of the respective technology until the closure date on or 
before December 31, 2025. The commenter also appreciates Colorado's 
acknowledgement of differing methodologies to calculate the 
amortization period and recognizes that a shorter amortization period 
would not alter Colorado's conclusion, and the EPA's concurrence, that 
neither SCR or SNCR is cost-effective.
    Response: We agree with Tri-State that it is important to 
accurately represent the amortization period used to calculate the cost 
effectiveness of emission control technologies. In past actions we have 
measured the amortization period as the time period from the projected 
compliance date to the date of retirement. In this case, there are 
multiple dates that could potentially be used, given the EPA's 2012 
approval of Colorado's initial BART determination for Craig Unit 1, the 
revised BART determination associated with the 2014 settlement, and the 
updated analysis contained in the 2017 SIP submission. We agree with 
Colorado that it is appropriate to use a compliance date of August 31, 
2021, as the start of the amortization period, as this is the date by 
which, as the State was conducting the BART analysis, SCR would have 
had to be installed and operational. Furthermore, August 31, 2021, is 
the date on which, under the natural gas conversion scenario, Craig 
Unit 1 must comply with an emission limit of 0.07 MMBtu, which mirrors 
the BART determination and compliance date in the 2014 settlement. We 
also agree with Colorado's decision to include a second scenario that 
conservatively estimates the amortization period based on the 
compliance dates associated with the State's original BART 
determinations. However, we disagree with the commenter that it is 
appropriate to reset the compliance dates based on the 2017 SIP 
submission, as this ignores the State's existing BART determinations 
and requirements that were in place at the time of the analysis. 
Finally, we appreciate the commenter's bringing to our attention 
Colorado's acknowledgement of Tri-State's alternative amortization 
period calculation, and we generally agree there may be differing 
methodologies for calculating the amortization period. However, and as 
Tri-State recognizes, a shorter amortization period would not alter 
Colorado's determination that neither SNCR or SCR is cost effective for 
Craig Unit 1.
    Comment: Second, Tri-State notes that the natural gas conversion 
scenario would not shorten the remaining useful life of Craig Unit 1. 
Specifically, Tri-State argues that determining BART while taking into 
consideration the remaining useful life of the source does not include 
incorporating the type of fuel a source uses. Thus, the EPA lacks a 
basis to determine that the natural gas conversion scenario would 
shorten the

[[Page 31333]]

``remaining useful life of the existing coal-fired boiler.'' \1\
---------------------------------------------------------------------------

    \1\ 81 FR 18247 (April 26, 2018).
---------------------------------------------------------------------------

    Response: We thank the commenter for bringing this distinction to 
our attention and agree with the commenter's perspective that 
converting Craig Unit 1 to natural gas does not in itself shorten the 
remaining useful life of the source. Our intent was to agree with 
Colorado's assertion that it is appropriate to reassess the 
NOX BART limit under the remaining period that Craig Unit 1 
will be burning coal.

III. Final Action

    For the reasons expressed in the proposed rule, the EPA is 
approving revisions to Regulation Number 3, Part F, Section VI, shown 
in Table 1 submitted by the State of Colorado on May 26, 2017, 
addressing the NOX BART and reasonable progress requirements 
for Craig Unit 1 and Nucla, respectively.

     Table 1--List of Colorado Amendments That the EPA Is Approving
------------------------------------------------------------------------
               Amended sections in May 26, 2017 submittal
-------------------------------------------------------------------------
Regulation Number 3, Part F: VI.A.2 (table); VI.A.3; VI.A.4; VI.B.2
 (table); VI.B.3; VI.B.4; VI.D; VI.E
------------------------------------------------------------------------

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 the 
Colorado Code of Regulations described in the amendments set forth to 
40 CFR part 52. 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.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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, described in the Unfunded Mandates 
Reform Act of 1995 (Public Law 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. 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).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: June 28, 2018.
Debra Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

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. Section 52.320 paragraph (c) is amended by revising table entry for 
VI. under the centered heading ``5 CCR 1001-05, Regulation Number 3, 
Part F, Regional Haze Limits--Best Available Retrofit Technology (BART) 
and Reasonable Progress (RP).''
    The revision reads as follows:


Sec.  52.320  Identification of plan.

* * * * *

[[Page 31334]]

    (c) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           State       EPA effective
                Title                 effective date       date               Final rule citation/date                          Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
        5 CCR 1001-05, Regulation Number 3, Part F, Regional Haze Limits--Best Available Retrofit Technology (BART) and Reasonable Progress (RP)
--------------------------------------------------------------------------------------------------------------------------------------------------------
VI. Regional Haze Determinations....       2/14/2017        8/6/2018  [Insert Federal Register citation], 7/5/  ........................................
                                                                       2018.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2018-14387 Filed 7-3-18; 8:45 am]
 BILLING CODE 6560-50-P



                                              31332               Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations

                                              ENVIRONMENTAL PROTECTION                                 revisions to Colorado Code of                         EPA’s concurrence, that neither SCR or
                                              AGENCY                                                   Regulations, Regulation Number 3, Part                SNCR is cost-effective.
                                                                                                       F, Section VI, submitted by the State of                 Response: We agree with Tri-State
                                              40 CFR Part 52                                           Colorado on May 26, 2017. In this                     that it is important to accurately
                                              [EPA–R08–OAR–2018–0015; FRL–9980–                        rulemaking, we are taking final action to             represent the amortization period used
                                              13—Region 8]                                             approve Colorado’s modification of the                to calculate the cost effectiveness of
                                                                                                       NOX BART determination for Craig Unit                 emission control technologies. In past
                                              Approval and Promulgation of Air                         1 and the NOX reasonable progress                     actions we have measured the
                                              Quality Implementation Plans;                            determination for Nucla. Specifically,                amortization period as the time period
                                              Colorado; Regional Haze State                            the EPA is approving the revised Craig                from the projected compliance date to
                                              Implementation Plan                                      Unit 1 NOX BART determination, which                  the date of retirement. In this case, there
                                                                                                       requires Craig Unit 1 to meet an annual               are multiple dates that could potentially
                                              AGENCY:  Environmental Protection                        NOX emission limit of 4,065 tons per                  be used, given the EPA’s 2012 approval
                                              Agency (EPA).                                            year (tpy) by December 31, 2019. The                  of Colorado’s initial BART
                                              ACTION: Final rule.                                      SIP revision also requires the unit to                determination for Craig Unit 1, the
                                                                                                       either (1) convert to natural gas by                  revised BART determination associated
                                              SUMMARY:   The Environmental Protection
                                                                                                       August 31, 2023, and if converting to                 with the 2014 settlement, and the
                                              Agency (EPA) is approving State
                                                                                                       natural gas, comply with a NOX                        updated analysis contained in the 2017
                                              Implementation Plan (SIP) revisions
                                                                                                       emission limit of 0.07 lb/MMBtu (30-                  SIP submission. We agree with Colorado
                                              submitted by the State of Colorado on
                                                                                                       day rolling average) beginning August                 that it is appropriate to use a
                                              May 26, 2017, addressing regional haze.
                                                                                                       31, 2021, or (2) shut down by December                compliance date of August 31, 2021, as
                                              The revisions include source-specific
                                                                                                       31, 2025. The EPA is also approving the               the start of the amortization period, as
                                              revisions to the nitrogen oxides (NOX)
                                                                                                       State’s revised Nucla NOX reasonable                  this is the date by which, as the State
                                              best available retrofit technology
                                                                                                       progress determination, which requires                was conducting the BART analysis, SCR
                                              (BART) determination for Craig Station
                                                                                                       the source to meet an annual NOX                      would have had to be installed and
                                              Unit 1 and to the NOX reasonable
                                                                                                       emission limit of 952 tpy by January 1,               operational. Furthermore, August 31,
                                              progress determination for the Nucla
                                                                                                       2020, and shut down on or before                      2021, is the date on which, under the
                                              Station. Both Craig Station Unit 1 and
                                                                                                       December 31, 2022. The Colorado Air                   natural gas conversion scenario, Craig
                                              Nucla Station are owned in part and
                                                                                                       Quality Control Commission adopted                    Unit 1 must comply with an emission
                                              operated by Tri-State Generation &
                                                                                                       the revisions on December 15, 2016                    limit of 0.07 MMBtu, which mirrors the
                                              Transmission Association, Inc. (Tri-
                                                                                                       (effective February 14, 2017). The                    BART determination and compliance
                                              State). The EPA is taking this action
                                                                                                       reasons for our approval are provided in              date in the 2014 settlement. We also
                                              pursuant to section 110 of the Clean Air
                                                                                                       detail in the proposed rule.                          agree with Colorado’s decision to
                                              Act (CAA).
                                                                                                                                                             include a second scenario that
                                              DATES: This rule is effective on August                  II. Response to Comments
                                                                                                                                                             conservatively estimates the
                                              6, 2018.                                                    We received five comments during                   amortization period based on the
                                              ADDRESSES: The EPA has established a                     the public comment period. After                      compliance dates associated with the
                                              docket for this action under Docket ID                   reviewing the comments, the EPA has                   State’s original BART determinations.
                                              No. EPA–R08–OAR–2018–0015. All                           determined that four of the comments                  However, we disagree with the
                                              documents in the docket are listed on                    are outside the scope of our proposed                 commenter that it is appropriate to reset
                                              the http://www.regulations.gov website.                  action or fail to identify any material               the compliance dates based on the 2017
                                              Although listed in the index, some                       issue necessitating a response. The                   SIP submission, as this ignores the
                                              information is not publicly available,                   remaining comment, submitted by Tri-                  State’s existing BART determinations
                                              e.g., CBI or other information whose                     State, raised concerns with the proposed              and requirements that were in place at
                                              disclosure is restricted by statute.                     rule regarding the amortization period                the time of the analysis. Finally, we
                                              Certain other material, such as                          and remaining useful life of Craig Unit               appreciate the commenter’s bringing to
                                              copyrighted material, is not placed on                   1.                                                    our attention Colorado’s
                                              the internet and will be publicly                           Comment: First, Tri-State asserts that             acknowledgement of Tri-State’s
                                              available only in hard copy form.                        it is important that accurately                       alternative amortization period
                                              Publicly available docket materials are                  representative periods of time be used                calculation, and we generally agree
                                              available through http://                                in calculating the cost effectiveness of              there may be differing methodologies for
                                              www.regulations.gov, or please contact                   emission controls. Specifically, Tri-State            calculating the amortization period.
                                              the person identified in the FOR FURTHER                 asserts that amortization period                      However, and as Tri-State recognizes, a
                                              INFORMATION CONTACT section for                          calculations of eight years are incorrect.            shorter amortization period would not
                                              additional availability information.                     Instead, an amortization period of four               alter Colorado’s determination that
                                              FOR FURTHER INFORMATION CONTACT:                         years for SNCR and two years for SCR                  neither SNCR or SCR is cost effective for
                                              Jaslyn Dobrahner, Air Program, U.S.                      should be used, as these represent the                Craig Unit 1.
                                              Environmental Protection Agency                          periods of time following possible EPA                   Comment: Second, Tri-State notes
                                              (EPA), Region 8, Mail Code 8P–AR,                        approval of the Colorado SIP and                      that the natural gas conversion scenario
                                              1595 Wynkoop Street, Denver, Colorado                    complete installation of the respective               would not shorten the remaining useful
                                              80202–1129, (303) 312–6252,                              technology until the closure date on or               life of Craig Unit 1. Specifically, Tri-
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                                              dobrahner.jaslyn@epa.gov.                                before December 31, 2025. The                         State argues that determining BART
                                              SUPPLEMENTARY INFORMATION:                               commenter also appreciates Colorado’s                 while taking into consideration the
                                                                                                       acknowledgement of differing                          remaining useful life of the source does
                                              I. Background                                            methodologies to calculate the                        not include incorporating the type of
                                                In our notice of proposed rulemaking                   amortization period and recognizes that               fuel a source uses. Thus, the EPA lacks
                                              published on April 26, 2018 (83 FR                       a shorter amortization period would not               a basis to determine that the natural gas
                                              18243), the EPA proposed to approve                      alter Colorado’s conclusion, and the                  conversion scenario would shorten the


                                         VerDate Sep<11>2014   15:52 Jul 03, 2018   Jkt 244001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\05JYR1.SGM   05JYR1


                                                                  Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations                                               31333

                                              ‘‘remaining useful life of the existing                  V. Statutory and Executive Order                      Indian tribe has demonstrated that a
                                              coal-fired boiler.’’ 1                                   Reviews                                               tribe has jurisdiction. In those areas of
                                                 Response: We thank the commenter             Under the Clean Air Act, the                                   Indian country, the rule does not have
                                              for bringing this distinction to our         Administrator is required to approve a                            tribal implications and will not impose
                                                                                           SIP submission that complies with the                             substantial direct costs on tribal
                                              attention and agree with the
                                                                                           provisions of the Act and applicable                              governments or preempt tribal law as
                                              commenter’s perspective that converting
                                                                                           Federal regulations. 42 U.S.C. 7410(k);                           specified by Executive Order 13175 (65
                                              Craig Unit 1 to natural gas does not in                                                                        FR 67249, November 9, 2000).
                                              itself shorten the remaining useful life     40 CFR 52.02(a). Thus, in reviewing SIP
                                                                                                                                                                This action is subject to the
                                              of the source. Our intent was to agree       submissions, the EPA’s role is to
                                                                                                                                                             Congressional Review Act, and the EPA
                                              with Colorado’s assertion that it is         approve state choices, provided that
                                                                                                                                                             will submit a rule report to each House
                                              appropriate to reassess the NOX BART         they meet the criteria of the Clean Air
                                                                                                                                                             of Congress and to the Comptroller
                                              limit under the remaining period that        Act. Accordingly, this action merely                              General of the United States. This action
                                              Craig Unit 1 will be burning coal.           approves state law as meeting Federal                             is not a ‘‘major rule’’ as defined by 5
                                                                                           requirements and does not impose                                  U.S.C. 804(2).
                                              III. Final Action                            additional requirements beyond those                                 Under section 307(b)(1) of the Clean
                                                                                           imposed by state law. For that reason,                            Air Act, petitions for judicial review of
                                                 For the reasons expressed in the          this action:                                                      this action must be filed in the United
                                              proposed rule, the EPA is approving             • Is not a ‘‘significant regulatory                            States Court of Appeals for the
                                              revisions to Regulation Number 3, Part       action’’ subject to review by the Office                          appropriate circuit by September 4,
                                              F, Section VI, shown in Table 1              of Management and Budget under                                    2018. Filing a petition for
                                              submitted by the State of Colorado on        Executive Orders 12866 (58 FR 51735,                              reconsideration by the Administrator of
                                              May 26, 2017, addressing the NOX             October 4, 1993) and 13563 (76 FR 3821,                           this final rule does not affect the finality
                                              BART and reasonable progress                 January 21, 2011);                                                of this action for the purposes of judicial
                                              requirements for Craig Unit 1 and               • Is not an Executive Order 13771 (82                          review nor does it extend the time
                                              Nucla, respectively.                         FR 9339, February 2, 2017) regulatory                             within which a petition for judicial
                                                                                           action because SIP approvals are                                  review may be filed, and shall not
                                               TABLE 1—LIST OF COLORADO AMEND- exempted under Executive Order 12866;                                         postpone the effectiveness of such rule
                                                 MENTS THAT THE EPA IS APPROV-                • Does not impose an information                               or action. This action may not be
                                                 ING
                                                                                           collection  burden under the provisions                           challenged later in proceedings to
                                                                                           of the Paperwork Reduction Act (44                                enforce its requirements. (See section
                                               Amended sections in May 26, 2017 submittal  U.S.C. 3501 et seq.);                                             307(b)(2).)
                                                                                              • Is certified as not having a
                                              Regulation Number 3, Part F: VI.A.2 (table); significant economic impact on a                                  List of Subjects in 40 CFR Part 52
                                                VI.A.3; VI.A.4; VI.B.2 (table); VI.B.3;    substantial number of small entities                                Environmental protection, Air
                                                VI.B.4; VI.D; VI.E                         under the Regulatory Flexibility Act (5                           pollution control, Carbon monoxide,
                                                                                           U.S.C. 601 et seq.);                                              Incorporation by reference,
                                              IV. Incorporation by Reference                  • Does not contain any unfunded                                Intergovernmental relations,
                                                                                           mandate or significantly or uniquely                              Greenhouse gases, Lead, Nitrogen
                                                 In this rule, the EPA is finalizing       affect small governments, described in                            dioxide, Ozone, Particulate matter,
                                              regulatory text that includes                the Unfunded Mandates Reform Act of                               Reporting and recordkeeping
                                              incorporation by reference. In               1995 (Public Law 104–4);                                          requirements, Sulfur oxides, Volatile
                                              accordance with requirements of 1 CFR           • Does not have Federalism                                     organic compounds.
                                              51.5, the EPA is finalizing the              implications as specified in Executive
                                                                                           Order 13132 (64 FR 43255, August 10,                                Dated: June 28, 2018.
                                              incorporation by reference of the
                                                                                                                                                             Debra Thomas,
                                              Colorado Code of Regulations described 1999);
                                              in the amendments set forth to 40 CFR           • Is not an economically significant                           Acting Regional Administrator, Region 8.
                                              part 52. The EPA has made, and will          regulatory action based on health or                                  40 CFR part 52 is amended as follows:
                                              continue to make, these materials            safety risks subject to Executive Order
                                                                                           13045 (62 FR 19885, April 23, 1997);                              PART 52—APPROVAL AND
                                              generally available through
                                                                                              • Is not a significant regulatory action                       PROMULGATION OF
                                              www.regulations.gov and at the EPA
                                                                                           subject to Executive Order 13211 (66 FR                           IMPLEMENTATION PLANS
                                              Region 8 Office (please contact the
                                                                                           28355, May 22, 2001);
                                              person identified in the FOR FURTHER            • Is not subject to requirements of                            ■ 1. The authority citation for part 52
                                              INFORMATION CONTACT section of this                                                                            continues to read as follows:
                                                                                           section 12(d) of the National
                                              preamble for more information).              Technology Transfer and Advancement                                   Authority: 42 U.S.C. 7401 et seq.
                                              Therefore, these materials have been         Act of 1995 (15 U.S.C. 272 note) because
                                              approved by the EPA for inclusion in         application of those requirements would                           Subpart G—Colorado
                                              the SIP, have been incorporated by           be inconsistent with the CAA; and
                                                                                                                                                             ■ 2. Section 52.320 paragraph (c) is
                                              reference by the EPA into that plan, are        • Does not provide EPA with the
                                              fully federally enforceable under                                                                              amended by revising table entry for VI.
                                                                                           discretionary authority to address, as
                                              sections 110 and 113 of the CAA as of                                                                          under the centered heading ‘‘5 CCR
                                                                                           appropriate, disproportionate human
                                                                                                                                                             1001–05, Regulation Number 3, Part F,
sradovich on DSK3GMQ082PROD with RULES




                                              the effective date of the final rulemaking health or environmental effects, using
                                                                                                                                                             Regional Haze Limits—Best Available
                                              of the EPA’s approval, and will be           practicable and legally permissible
                                                                                                                                                             Retrofit Technology (BART) and
                                              incorporated by reference in the next        methods, under Executive Order 12898
                                                                                                                                                             Reasonable Progress (RP).’’
                                              update to the SIP compilation.2              (59 FR 7629, February 16, 1994).                                    The revision reads as follows:
                                                                                           In addition, the SIP is not approved to
                                                1 81 FR 18247 (April 26, 2018).            apply on any Indian reservation land or                           § 52.320    Identification of plan.
                                                2 62 FR 27968 (May 22, 1997).              in any other area where EPA or an                                 *       *     *     *      *


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                                              31334                 Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Rules and Regulations

                                                  (c) * * *

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


                                                         *                            *                           *                          *                        *                         *                     *

                                                   5 CCR 1001–05, Regulation Number 3, Part F, Regional Haze Limits—Best Available Retrofit Technology (BART) and Reasonable
                                                                                                         Progress (RP)

                                              VI. Regional Haze Determinations ............................                  2/14/2017                8/6/2018    [Insert Federal Register
                                                                                                                                                                     citation], 7/5/2018.

                                                         *                            *                           *                          *                        *                         *                     *



                                              *      *       *       *       *                               is not placed on the internet and will be                      and finds that all the SIP elements that
                                              [FR Doc. 2018–14387 Filed 7–3–18; 8:45 am]                     publicly available only in hard copy                           apply to Eastern Kern as a Serious ozone
                                              BILLING CODE 6560–50–P
                                                                                                             form. Publicly available docket                                nonattainment area for the 2008 ozone
                                                                                                             materials are available through http://                        NAAQS have been addressed except for
                                                                                                             www.regulations.gov, or please contact                         new source review (NSR) and
                                              ENVIRONMENTAL PROTECTION                                       the person identified in the FOR FURTHER                       reasonably available control technology
                                              AGENCY                                                         INFORMATION CONTACT section for                                (RACT) for major sources of NOX.
                                                                                                             additional availability information.                           Today, we are taking final action to
                                              40 CFR Part 81                                                 FOR FURTHER INFORMATION CONTACT:                               grant CARB’s reclassification request for
                                              [EPA–R09–OAR–2018–0223; FRL–9980–                              Nancy Levin, EPA Region IX, (415) 972–                         the Eastern Kern ozone nonattainment
                                              48—Region 9]                                                   3848, levin.nancy@epa.gov.                                     area and to establish a 12-month
                                                                                                             SUPPLEMENTARY INFORMATION:                                     deadline (from the effective date of this
                                              Air Plan Approval; California; Eastern                         Throughout this document, ‘‘we,’’ ‘‘us’’                       final rule) for submittal of the two
                                              Kern Air Pollution Control District;                           and ‘‘our’’ refer to the EPA.                                  remaining SIP elements for this area.
                                              Reclassification                                                                                                              Please see our May 14, 2018 proposed
                                                                                                             Table of Contents
                                                                                                                                                                            rule for further detail concerning these
                                              AGENCY:  Environmental Protection                              I. Proposed Action                                             topics.
                                              Agency (EPA).                                                  II. Public Comments and EPA Responses
                                              ACTION: Final rule.                                            III. EPA Action                                                II. Public Comments and EPA
                                                                                                             IV. Statutory and Executive Order Reviews                      Responses
                                              SUMMARY:   Under the Clean Air Act, the
                                              Environmental Protection Agency (EPA)                          I. Proposed Action                                               The EPA’s proposed action provided
                                              is granting a request by the State of                                                                                         a 30-day public comment period. During
                                                                                                                On May 14, 2018 (83 FR 22235), the                          this period, we received four comments
                                              California to reclassify the Eastern Kern                      EPA proposed to grant a request by the
                                              County (‘‘Eastern Kern’’) nonattainment                                                                                       that were submitted anonymously. The
                                                                                                             State of California to reclassify the                          commenters raised issues that are
                                              area from ‘‘Moderate’’ to ‘‘Serious’’ for                      Eastern Kern nonattainment area from
                                              the 2008 ozone national ambient air                                                                                           outside of the scope of this rulemaking,
                                                                                                             Moderate to Serious for the 2008 ozone                         including foreign policy, wildfire
                                              quality standards (NAAQS). In                                  NAAQS. Our May 14, 2018 proposed
                                              connection with the reclassification, the                                                                                     suppression, dams, wind turbines, air
                                                                                                             rule provides: Background information                          quality in China and India, water
                                              EPA is establishing a deadline of no
                                                                                                             concerning the Clean Air Act (CAA); the                        quality in China, and climate change.
                                              later than 12 months from the effective
                                                                                                             EPA’s promulgation of the NAAQS; SIPs                          The comment letters are available in the
                                              date of reclassification for submittal of
                                                                                                             to implement, maintain, and enforce the                        docket for this rulemaking.
                                              revisions to the Eastern Kern portion of
                                                                                                             NAAQS within each state; ozone and its
                                              the California State Implementation                                                                                           III. EPA Action
                                                                                                             precursors (volatile organic compounds
                                              Plan (SIP) to meet certain additional
                                                                                                             (VOC) and oxides of nitrogen (NOX));                              Pursuant to CAA section 181(b)(3)
                                              requirements for Serious ozone
                                                                                                             the 2008 ozone NAAQS; area                                     and 40 CFR 51.1103(b), the EPA is
                                              nonattainment areas. The EPA has
                                                                                                             designations, classifications and                              granting a request by the State of
                                              already received SIP revision submittals
                                                                                                             reclassifications for the 2008 ozone                           California to reclassify the Eastern Kern
                                              addressing most of the additional SIP
                                                                                                             NAAQS; and SIP revisions required to                           nonattainment area from Moderate to
                                              requirements.
                                                                                                             address CAA ozone nonattainment area                           Serious for the 2008 ozone NAAQS. In
                                              DATES: This rule is effective on August                        plan requirements based on                                     connection with the reclassification, the
                                              6, 2018.                                                       classification.                                                EPA is establishing a deadline of no
                                              ADDRESSES: The EPA has established a                              Our proposed rule also describes the                        later than 12 months from the effective
                                              docket for this action under Docket ID                         California Air Resources Board’s (CARB)                        date of reclassification for submittal of
                                              No. EPA–R09–OAR–2018–0223. All                                 request for reclassification of the Eastern                    the two remaining SIP elements (i.e.,
                                              documents in the docket are listed on                          Kern 2008 ozone nonattainment area                             NSR and RACT for major sources of
sradovich on DSK3GMQ082PROD with RULES




                                              the http://www.regulations.gov website.                        from Moderate to Serious, our                                  NOX) for Serious ozone nonattainment
                                              Although listed in the index, some                             evaluation of the request, and the basis                       areas that have not already been
                                              information is not publicly available,                         for our proposed approval of the                               submitted for the Eastern Kern ozone
                                              e.g., Confidential Business Information                        request. Lastly, our proposed rule                             nonattainment area.1
                                              or other information whose disclosure is                       describes the SIP revisions that CARB
                                              restricted by statute. Certain other                           has already submitted to the EPA for the                         1 Upon the effective date of reclassification, we

                                              material, such as copyrighted material,                        Eastern Kern ozone nonattainment area                          note that certain regulatory changes would occur



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Document Created: 2018-07-03 23:40:27
Document Modified: 2018-07-03 23:40:27
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.
DatesThis rule is effective on August 6, 2018.
ContactJaslyn Dobrahner, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, [email protected]
FR Citation83 FR 31332 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

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