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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules category by issuing CTG and Alternative Control Techniques ACT documents.28
States must submit a SIP revision requiring the implementation of RACT
for each source category in the area for which the EPA has issued a CTG, and for any major source in the area not covered by a CTG.29
For a Serious nonattainment area, a major stationary source is one that emits, or has the potential to emit, 50
tons per year tpy or more of VOC or NOX.30 RACT can be adopted in the form of emission limitations or work practice standards or other operation and maintenance requirements, as appropriate.31 In assessing RACT
requirements under the Serious classification, the Colorado Air Pollution Control Division Division evaluated 31 major sources in their Technical Support Document TSD,32
in addition to the major sources evaluated under the Moderate classification.
On October 20, 2016, the EPA issued final CTGs for reducing VOC emissions from existing oil and natural gas equipment and processes.33 Under the schedule in the oil and gas CTG,
revisions to SIP RACT provisions for sources covered by the CTG were due on October 27, 2018. Sources covered by the CTG include those located in 2008
ozone NAAQS nonattainment areas classified as Moderate or higher. The emissions controls determined by the State to be RACT for sources covered by the oil and gas CTG were required to be implemented as soon as practicable, but no later than January 1, 2021.34 In November 2017, the Commission adopted revisions to Reg. 7 that addressed RACT requirements for each category of sources covered by the oil and gas CTG.
In December 2019, the Commission adopted new SIP requirements to include provisions that implement RACT for some major sources of VOC
and NOX by incorporating by reference new source performance standards NSPS and/or national emission standards for hazardous pollutants NESHAP requirements for specific points at major sources; requiring specific sources to provide RACT
analyses to the Division for specified facilities and/or emission points to inform future categorical RACT

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rulemakings; expanding categorical combustion equipment requirements in Part E, Section II. formerly Section XVI.D. to facilities with NOx emissions greater than or equal to 50 tpy; and establishing categorical RACT
requirements for general solvent use.
B. Evaluation As part of its May 14, 2018 and May 13, 2020 submittals, the Division conducted RACT analyses to demonstrate that the RACT
requirements for the oil and gas CTG
and certain major sources in the DMNFR 2008 8-hour ozone NAA have been fulfilled. The Division conducted these RACT analyses for VOC and NOX
by listing the state regulation that implements or exceeds RACT
requirements for the CTG category or non-CTG category at issue, and by detailing the basis for concluding that these regulations fulfill RACT, through comparison with established RACT
requirements described in the CTG and ACT guidance documents. A summary of our proposed action with respect to each RACT category follows.

TABLE 1SOURCE CATEGORIES, PROPOSED ACTION, AND CORRESPONDING SECTIONS OF SUBMITTALS
Category
Proposed action
Location of RACT demonstration
Aerospace

Approval

General solvent use at major sources

Approval

Oil and gas

Approval

Emissions from stationary internal combustion engines and flares at certain major sources.

Approval

Negative declaration. p. 63 of Colorados Serious State Implementation Plan for the Denver Metro and North Front Range Ozone Nonattainment Area.35
pp. 619620, 706, 2800, 2803 and Technical Support Document for Reasonably Available Control Technology for Major Sources document number 56, p. 2134 of the May 13, 2020 submission.
Technical Support Document for Reasonably Available Control Technology for the Oil and Gas Industry document set 38 of the May 14, 2018 submittal. pp. 417425 of the May 13, 2020 submittal.
pp. 619, 622, 724, 28002801, 2803 and Technical Support Document for Reasonably Available Control Technology for Major Sources document number 56, p. 2134 of the May 13, 2020 submission.

lotter on DSK11XQN23PROD with PROPOSALS1

Cited materials are in the docket for this action.

In our July 3, 2018 and February 24, 2021 rulemakings, we approved Colorados demonstration of RACT for certain VOC CTG sources 36 for the 2008
8-hour ozone standard. Today we are taking action on the RACT

demonstrations for Oil and Gas CTG
categories and certain additional nonCTG VOC and NOx sources and categories. We have reviewed Colorados new and revised VOC rules for the source categories covered by the
Oil and Gas CTG, and for major sources of non-CTG VOC and NOx sources for the 2008 8-hour ozone NAAQS, and the demonstrations submitted by Colorado.
Based on this review we propose to find that these rules are consistent with the
28 See https www.epa.gov/ground-level-ozonepollution/control-techniques-guidelines-andalternative-control-techniques accessed May 20, 2021 for a list of the EPA-issued CTGs and ACTs also available within the docket.
29 See CAA section 182b2, 42 U.S.C.
7511ab2. See also Note, RACT Qs & As Reasonably Available Control Technology RACT:
Questions and Answers, William Harnett, Director, Air Quality Policy Division, EPA May 2006, available at https www3.epa.gov/ttn/naaqs/
aqmguide/collection/cp2/20060518_harnett_ract_
q&a.pdf.
30 See CAA sections 182c, 42 U.S.C. 7511ac.

31 See Memorandum, Approval Options for Generic RACT Rules Submitted to Meet the nonCTG VOC RACT Requirement and Certain NOX
RACT Requirements, Sally Shaver, Director, Air Quality Strategies & Standards Division, EPA Nov.
7, 1996, available at https www.epa.gov/sites/
production/files/2016-08/documents/
shavermemogenericract_7nov1996.pdf.
32 Technical Support Document for Reasonably Available Control Technology for Major Sources, Dec. 11, 2019. P. 2134 of the May 13, 2020
submittal.
33 Notice of availability, Release of Final Control Techniques Guidelines for the Oil and Natural Gas
Industry, 81 FR 74798 Oct. 27, 2016. See also Control Techniques Guidelines for the Oil and Natural Gas Industry, EPA453/B16001 Oct.
2016.
34 Docket ID No. EPAHQOAR20150216
0238.
35 See Colorados March 22, 2021 submittal, document set 16 in the docket for this action.
36 83 FR at 3106931070; see Proposed Rule, Promulgation of State Implementation Plan Revisions; Colorado; Attainment Demonstration for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, and Approval of Related Revisions, 83 FR 14807, 14814141815, Tables 5 and 6 Apr. 6, 2018.

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