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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Proposed Rules
obligations for Moderate ozone nonattainment areas.13
Areas that were designated as Moderate nonattainment were required to attain the 2008 8-hour ozone NAAQS
no later than July 20, 2018, based on 20152017 monitoring data.14 On December 26, 2019, 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 Serious ozone nonattainment status.15
SIP Control Measures, Reg. 7
Colorados Reg. 7, entitled Control of Ozone via Ozone Precursors and Control of Hydrocarbons via Oil and Gas Emissions, contains general RACT
requirements as well as specific emission limits applicable to various industries. The EPA approved the repeal and re-promulgation of Reg. 7 in 1981,16
and has approved various revisions to parts of Reg. 7 over the years. In 2008, the EPA approved revisions to the control requirements for condensate storage tanks in Section XII,17 and later approved revisions to Reg. 7, Sections I
through XI and Sections XIII through XVI.18 The EPA also approved Reg. 7
revisions to Section XVII.E.3.a establishing control requirements for rich-burn reciprocating internal combustion engines.19 In 2018 the EPA
approved Reg. 7 revisions in Sections XII VOC emissions from oil and gas operations and XIII emission control requirements for VOC emissions from graphic art and printing processes, as well as non-substantive revisions to numerous other parts of the regulation.20
Most recently, in 2021 the EPA
approved Reg. 7 revisions in Sections I
Applicability, IX Surface Coating Operations, X Use of Cleaning 13 86

FR 11125.
40 CFR 51.903.
15 Final rule, Finding of Failure To Attain and Reclassification of Denver Area for the 2008 Ozone National Ambient Air Quality Standard, 84 FR
70897 Dec. 26, 2019; see 40 CFR 81.306.
16 Final rule, Colorado: Approval and Promulgation of State Implementation Plans, 46 FR
16687 March 13, 1981.
17 Final rule, Approval and Promulgation of Air Quality Implementation Plans; State of Colorado;
Regulation No. 7, Section XII, Volatile Organic Compounds From Oil and Gas Operations, 73 FR
8194 Feb. 13, 2008.
18 Final rule, Approval and Promulgation of State Implementation Plans; State of Colorado;
Attainment Demonstration for the 1997 8-Hour Ozone Standard, and Approval of Related Revisions, 76 FR 47443 Aug. 5, 2011.
19 Final rule, Approval and Promulgation of Implementation Plans; State of Colorado; Regional Haze State Implementation Plan, 77 FR 76871 Dec.
31, 2012.
20 See 83 FR at 31068, 31071.

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Solvents, XIII Graphics Arts and Printing, XVI Controls of Emissions from Stationary and Portable Engines and Other Combustion Equipment in the 8-Hour Ozone Control Area, and XIX Control of Emissions from Specific Major Sources of VOC and/or NOX in the 8-hour Ozone Control Area.
Revisions to incorporation by reference dates to rules and reference methods in Sections II, VI, VIII, IX, X, XII, XIII, XVI
and XVII were also approved, as well as non-substantive revisions to numerous other parts of the regulation.21
III. Summary of the States SIP
Submittals We are proposing to take action on Colorado SIP submittals made on four three different dates:
May 14, 2018 Submittal This submittal contains amendments to Reg. 7 Sections XII Volatile Organic Compound Emissions from Oil and Gas Operations and XVIII Natural GasActuated Pneumatic Controllers Associated with Oil and Gas Operations to meet RACT for oil and gas sources covered by the EPAs 2016
Oil and Gas CTG.22
May 8, 2019 Submittal This submittal contains typographical, grammatical, and formatting corrections to Reg. 7 Sections XII and XVIII that were not acted on in our February 24, 2021 action.23
May 13, 2020 Submittal This submittal includes a full reorganization of Reg. 7 into Parts AE, and amends oil and gas storage tank requirements to establish a storage tank control threshold, updates storage tank monitoring requirements, and aligns related recordkeeping and reporting.
The submittal also updates RACT
requirements for major sources of VOC
and NOX in the DMNFR area, including expanded categorical combustion equipment requirements in Part E, Section II formally Section XVI.D. and new categorical general solvent use requirements in Part C, Section II
formerly Section X.. The submittal also includes updates to the requirements for gasoline transport truck testing and vapor control systems, and contains typographical, grammatical, and formatting corrections throughout.
21 86

FR 11125 Feb. 24, 2021.
Techniques Guidelines for the Oil and Natural Gas Industry, EPA453/B16001 Oct.
2016.
23 86 FR 11125.
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IV. Procedural Requirements The CAA requires that states meet certain procedural requirements before submitting SIP revisions to the EPA, including the requirement that states adopt SIP revisions after reasonable notice and public hearing.24
For the May 14, 2018 submittal, the AQCC provided notice in the Colorado Register on July 22, 2017 and held public hearings on the revisions on October 19 and 20, 2017. The Commission adopted the SIP revisions on November 17, 2017. The SIP
revisions became state-effective on December 30, 2017.
For the May 8, 2019 submittal, the AQCC provided notice in the Colorado Register on August 18, 2018 and held a public hearing on the revisions on November 15, 2018. The Commission adopted the SIP revisions on November 15, 2018. The revisions became stateeffective on January 14, 2019.
For the May 13, 2020 submittal, the AQCC provided notice in the Colorado Register on September 25, 2019 and held public hearings on the revisions on December 1719, 2019. The Commission adopted the SIP revisions on December 19, 2019. The SIP
revisions became state-effective on February 14, 2020.
Accordingly, we propose to find that Colorado met the CAAs procedural requirements for reasonable notice and public hearing.
V. Reasonably Available Control Technology RACT Analysis A. Background The CAA requires that SIPs for nonattainment areas implement RACT
for each category of VOC sources in the area covered by a CTG and all other major stationary sources of VOC.25 The EPA has defined RACT as the lowest emissions limitation that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.26 The CAA amendments of 1990 introduced the requirement for existing major stationary sources of NOX
in nonattainment areas to install and operate NOX RACT.27
The EPA provides guidance concerning what types of controls can constitute RACT for a given source 24 CAA

section 110a2, 42 U.S.C. 7410a2, section 182b2.
26 Proposed rule, General Preamble for Proposed Rulemaking on Approval of Plan Revisions for Nonattainment AreasSupplement on Control Techniques Guidelines, 44 FR 53761, 53762 Sep.
17, 1979.
27 CAA Section 182f.
25 CAA

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