Federal Register - June 22, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules methods; and make typographical, grammatical, and formatting corrections.
Also, the EPA is proposing to finalize approval of the States negative declaration that there are no sources in the Denver Metro/North Front Range DMNFR Area subject to the aerospace CTG, which was conditionally approved in our February 24, 2021 rulemaking.
The EPA is taking this action pursuant to the Clean Air Act CAA.
DATES: Written comments must be received on or before July 22, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR08
OAR20210262, 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 electronically in www.regulations.gov.
To reduce the risk of COVID19
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:
Abby Fulton, Air and Radiation Division, EPA, Region 8, Mailcode 8ARDIO, 1595 Wynkoop Street,
VerDate Sep<11>2014

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Denver, Colorado 802021129, 303
3126563, fulton.abby@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever we, us, or our is used, we mean the EPA.
I. What action is the EPA taking?
As explained below, the EPA is proposing to approve various revisions to the Colorado SIP that were submitted to the EPA on May 14, 2018, May 8, 2019, May 13, 2020, and March 22, 2021. In particular, we propose to approve certain Reg. 7 rules to meet the 2008 8-hour ozone NAAQS oil and gas CTG RACT requirements for Moderate nonattainment areas that were not acted on in our July 3, 2018 1 and February 24, 2021 2 rulemakings. We are also proposing to approve certain area source rules as meeting the 2008 8-hour ozone NAAQS RACT requirements for Serious nonattainment areas. Additionally, we are proposing to finalize approval of the States negative declaration that there are no sources in the DMNFR Area subject to the aerospace CTG, which was conditionally approved in our February 24, 2021 3 rulemaking.
The specific bases for our proposed actions, our analyses, and proposed findings are discussed in this proposed rulemaking. Technical information that we are relying on is in the docket, available at http www.regulations.gov, Docket No. EPAR08OAR20210262.
II. Background 2008 8-Hour Ozone NAAQS
Nonattainment On March 12, 2008, the EPA revised both the primary and secondary NAAQS
for ozone to a level of 0.075 parts per million ppm based on the annual fourth-highest daily maximum 8-hour average concentration, averaged over 3
years, to provide increased protection of public health and the environment.4
The 2008 ozone NAAQS retains the same general form and averaging time as the 0.08 ppm NAAQS set in 1997, but 1 Final Rule, Approval and Promulgation of State Implementation Plan Revisions; Colorado;
Attainment Demonstration for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, and Approval of Related Revisions, 83 FR 31068, 3106931072.
2 Final Rule, Approval and Promulgation of Implementation Plans; Colorado; Revisions to Regulation Number 7 and RACT Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR
11125, 11126 11127.
3 86 FR 11125.
4 Final rule, National Ambient Air Quality Standards for Ozone, 73 FR 16436 March 27, 2008.
The EPA has since further strengthened the ozone NAAQS, but the 2008 8-hour standard remains in effect. See Final Rule, National Ambient Air Quality Standards for Ozone, 80 FR 65292 Oct. 26, 2015.

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is set at a more protective level.
Specifically, the 2008 8-hour ozone NAAQS is attained when the 3-year average of the annual fourth-highest daily maximum 8-hour average ambient air quality ozone concentrations is less than or equal to 0.075 ppm.5
Effective July 20, 2012, the EPA
designated as nonattainment any area that was violating the 2008 8-hour ozone NAAQS based on the three most recent years 20082010 of air monitoring data.6 With that rulemaking, the Denver-Boulder-Greeley-Ft. CollinsLoveland, Colorado area Denver or DMNFR Area area was designated nonattainment and classified as Marginal.7 Ozone nonattainment areas are classified based on the severity of their ozone levels, as determined using the areas design value. The design value is the 3-year average of the annual fourth highest daily maximum 8-hour average ozone concentration at a monitoring site.8 Areas that were designated as Marginal nonattainment were required to attain the 2008 8-hour ozone NAAQS no later than July 20, 2015, based on 20122014 monitoring data.9
On May 4, 2016, the EPA published its determination that the Denver Area, among other areas, had failed to attain the 2008 8-hour ozone NAAQS by the attainment deadline, and that it was accordingly reclassified to Moderate ozone nonattainment status.10 Colorado submitted SIP revisions to the EPA on May 31, 2017 to meet the Denver Areas requirements under the Moderate classification.11 The EPA took final action on July 3, 2018, approving the majority of the May 31, 2017 submittal, but deferring action on portions of the submitted Reg. 7 RACT rules.12 On February 24, 2021, the EPA took final action approving additional RACT SIP
5 40

CFR 50.15b.
rule, Air Quality Designations for the 2008
Ozone National Ambient Air Quality Standards, 77
FR 30088 May 21, 2012.
7 Id. at 30110. The nonattainment area includes Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas and Jefferson Counties, and portions of Larimer and Weld Counties. See 40 CFR 81.306.
8 40 CFR part 50, appendix I.
9 See 40 CFR 51.903.
10 Final rule, Determinations of Attainment by the Attainment Date, Extensions of the Attainment Date, and Reclassification of Several Areas for the 2008 Ozone National Ambient Air Quality Standards, 81 FR 26697 May 4, 2016.
11 CAA section 182, 42 U.S.C. 7511a, outlines SIP
requirements applicable to ozone nonattainment areas in each classification category. Areas classified Moderate under the 2008 8-hour ozone NAAQS had a submission deadline of January 1, 2017 for these SIP revisions. 81 FR at 26699.
12 83 FR at 31068.
6 Final
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Federal Register - June 22, 2021

TitreFederal Register

PaysÉtats-Unis

Date22/06/2021

Page count93

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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