[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Proposed Rules]
[Pages 34559-34561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12060]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2020-0110; FRL-10010-34-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to Air Pollution Emission Notice Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve State Implementation Plan (SIP) revisions and renumbering
submitted by the State of Colorado on May 8, 2019. Specifically, the
EPA is proposing to approve amendments to Colorado's Stationary Source
Permitting and Air Pollution Emission Notice Requirements in 5 CCR
1001-5, Regulation Number 3. The EPA is taking this action pursuant to
sections 110 of the Clean Air Act (CAA).
DATES: Comments: Written comments must be received on or before July 6,
2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2020-0110, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov. To reduce the risk of COVID-19 transmission,
for this action we do not plan to offer hard copy review of the docket.
Please email or call the person listed in the FOR FURTHER INFORMATION
CONTACT section if you need to make alternative arrangements for access
to the docket.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On May 8, 2019, the State of Colorado submitted a SIP revision
containing amendments to 5 CCR 1001-5, Regulation Number 3 (Stationary
Source Permitting and Air Pollution Emission Notice Requirements).
Specifically, these amendments revised Part A, VI.C. (Annual Emissions
Fees) and VI.D. (Fee Schedule). These revisions are anticipated to
cover revenue shortfalls and ensure continued program viability by
increasing stationary source fees. The State of Colorado adopted these
revisions on October 18, 2018, and they became State effective on
November 30, 2018. We are proposing approval of all revisions submitted
on May 8, 2019.
II. Analysis of State Submittal
We evaluated the State's May 8, 2019, submittal regarding revisions
Regulation Number 3, Part A, Section VI.
1. VI.C.2
A reference to Section VI.D.1 is being revised to VI.D.3 to
coincide with revisions to VI.D.
[[Page 34560]]
2. VI.D.1
For air pollution emission notice filing fees, the phrase ``. . .
shall be charged in accordance with and in the amounts and limits
specified in the provisions of Colorado Revised Statutes Section 25-7-
114.1'' is being deleted and new phrase ``shall be $191.13'' is being
added.
We note that Colorado Revised Statutes Section 25-7-114.1 states:
``The maximum fee for filing an air pollution emission notice or
amendment thereto under this section is one hundred ninety-one dollars
and thirteen cents; except that, on each January 1 from 2019 to 2028,
the maximum fee is automatically adjusted based on the annual
percentage change in the United States department of labor, bureau of
labor statistics, consumer price index for Denver-Aurora-Lakewood for
all items and all urban consumers, or its successor index. The
commissioner shall set the actual fee by rule. Beginning on July 1,
2018, the commission, by rule, may periodically adjust the fee up to
the maximum fee.''
The revision to VI.D.1 would make the maximum fee ($191.13) the
only filing fee for air pollution emission notices.
3. VI.D.2
The new sentence ``Permit processing fees shall be $95.56 per
hour'' is added.
4. VI.D.3
The phrase ``Annual emission fees and permit processing fees shall
be charged in accordance with and in the amounts and limits specified
in the provisions of Colorado Revised Statutes Section 25-7-114.7.'' is
being deleted.
In addition, the phrase ``Annual emission fees for regulated
pollutants shall be $22.90 per ton'' is being revised to state:
``Annual emission fees for regulated pollutants shall be $28.63 per
ton''; and the phrase ``Annual emission fees for hazardous air
pollutants shall be $152.90 per ton'' is being revised to state:
``Annual emission fees for hazardous air pollutants shall be $191.13
per ton.''
The new annual emission fees for regulated pollutants and hazardous
air pollutants are the same as the maximum emission fees as stated in
Colorado Revised Statutes Section 25-7-114.7.
III. The EPA's Proposed Action
CAA Section 110(a)(2)(E) requires that a state implementation plan
provide assurances that the state will have, among other items,
adequate funding to carry out the implementation plan. Increasing the
air pollution notice filing fee, permit processing fee and annual
emission fees reflect both inflation and the increased complexity of
permit to construct applications, thereby ensuring the State has
adequate funding to carry out the implementation plan.
In this action, the EPA is proposing to approve SIP amendments to
Colorado's Regulation Number 3, shown in Table 1, submitted by the
State of Colorado on May 8, 2019.
Table 1--List of Colorado Amendments That the EPA Is Proposing To
Approve
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Amended sections in the May 8, 2019 submittal proposed for approval
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Regulation Number 3, Part A, Section VI.C: VI.C.2; Section VI.D: VI.D.1,
VI.D.2, VI.D.3.
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IV. Consideration of Section 110(l) of the CAA
Under section 110(l) of the CAA, the EPA cannot approve a SIP
revision if the revision would interfere with any applicable
requirements concerning attainment and reasonable further progress
(RFP) toward attainment of the NAAQS, or any other applicable
requirement of the Act. In addition, section 110(l) requires that each
revision to an implementation plan submitted by a state shall be
adopted by the state after reasonable notice and public hearing.
The Colorado SIP revisions that the EPA proposes to approve do not
interfere with any applicable requirements of the Act. Therefore, CAA
section 110(l) requirements are satisfied.
V. Incorporation by Reference
In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the amendments described in sections II and III. 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).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
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 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).
[[Page 34561]]
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 proposed rule does not have tribal implications and will
not impose substantial direct costs on tribal governments or preempt
tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Sulfur oxides.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-12060 Filed 6-4-20; 8:45 am]
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