[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Rules and Regulations]
[Pages 21453-21471]
[FR Doc No: 2012-8349]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-CO-0003, FRL-9616-7]

Approval and Promulgation of Air Quality Implementation Plans;
Colorado; Revisions to New Source Review Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving those revisions adopted by the State of
Colorado on April 16, 2004 to Regulation No. 3 (Stationary Source
Permitting and Air Pollutant Emission Notice Requirements) that
incorporate EPA's December 31, 2002 NSR Reforms. Colorado submitted the
request for approval of these rule revisions into the State
Implementation Plan (SIP) on July 11, 2005 and supplemented its request
on October 25, 2005. EPA is approving only the portions of Colorado's
revisions to Regulation Number 3 that relate to the prevention of
significant deterioration (PSD) and non-attainment new source review
(NSR) construction permit programs of the State of Colorado. Other
revisions, renumberings, additions, or deletions to Regulation No. 3
made by Colorado as part of the April 16, 2004 final rulemaking are
being acted on by EPA in a separate final action related to Colorado's
Interstate Transport SIP (see proposed action at 76 FR 21835, April 19,
2011). Colorado has a federally approved NSR program for new and
modified sources impacting attainment and non-attainment areas in the
State. This action is being taken under section 110 of the Clean Air
Act (CAA).

DATES: Effective Date: This final rule is effective May 10, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2005-CO-0003. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (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 either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Scott Jackson, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background for This Action
    A. What revisions to the Colorado SIP does this action address?
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.

I. Background for This Action

    On December 7, 2005 (70 FR 72744), EPA published a notice of
proposed rulemaking (NPR) for the State of Colorado. The NPR proposed
approval of portions of Colorado's revisions to the Stationary Source
Permitting and Air Pollutant Emission Notice Requirements (Regulation
No. 3) that incorporate EPA's December 31, 2002 NSR Reforms. The State
of Colorado submitted the formal SIP revision on July 11, 2005 followed
by a supplemental submittal on October 25, 2005. This final action
updates the federally approved SIP to reflect changes made by Colorado
that were reviewed and deemed approvable into the Colorado SIP (Code of
Federal Regulations part 52, subpart G).
    On December 31, 2002, EPA published revisions to the federal PSD
and non-attainment NSR regulations. These revisions are commonly
referred to as ``NSR Reform'' regulations and became effective
nationally in areas not covered by a SIP on March 3, 2003. These
regulatory revisions included provisions for baseline emissions
determinations, actual-to-future actual methodology, plantwide
applicability limits (PALs), clean units, and pollution control
projects (PCPs). On November 7, 2003, EPA published a reconsideration
of the NSR Reform regulations that clarified two provisions in the
regulations. On June 24, 2005, the United States Court of Appeals for
the District of Columbia Circuit issued its ruling on challenges to the
December 2002 NSR Reform revisions. Although the Court upheld most of
EPA's rules, it vacated both the Clean Unit and the Pollution Control
Project provisions and remanded back to EPA the ``reasonable
possibility'' standard for when a source must keep certain project
related records.
    Colorado's July 11, 2005 submittal and October 25, 2005
supplemental submittal request approval for its regulations to
implement the NSR Reform provisions that were not vacated or remanded
by the June 24, 2005, court decision.

A. What revisions to the Colorado SIP does this action address?

    EPA is approving those revisions adopted by Colorado on April 16,
2004 to Regulation No. 3 (Stationary Source Permitting and Air
Pollutant Emission Notice Requirements) that incorporate EPA's December
30, 2002 NSR Reforms (with the exceptions noted in the table below).
EPA is also approving revisions Colorado made to Regulation No. 3 prior
to the April 16, 2004 final rulemaking that incorporate the revisions
EPA made to the federal NSR rules on July 21, 1992 (with the exceptions
noted in the table below). These revisions are referred to as the WEPCO
rule (for the Wisconsin Electric Power Company court ruling) and added
definitions and provisions that have been incorporated into the April
16, 2004 version of Regulation No. 3.
    In addition to incorporating the NSR Reforms into the April 16,
2004 Regulation No. 3 revision, Colorado also restructured Regulation
No. 3, including adding a new Part D titled Concerning Major Stationary
Source New Source

Review and Prevention of Significant Deterioration. The new Part D
contains most of the NSR/PSD definitions, provisions, and sections that
were revised or newly created by the NSR Reform rule. In addition,
numerous Regulation No. 3 Part A and Part B NSR/PSD definitions,
provisions, and sections not revised by the NSR Reform rule, but
already approved into the SIP, have been moved into the new Part D. EPA
is approving the revisions to Regulation No. 3 creating the new Part D
with the exceptions noted in the table below.
    The revisions adopted by Colorado on April 16, 2004 have structured
Regulation No. 3 as follows: Part A now contains general provisions
applicable to reporting and permitting, Part B addresses construction
permits; Part C (not a part of the SIP) includes the operating permit
program; and Part D deals with the Nonattainment NSR and PSD programs
for major stationary sources. Minor sources will only be subject to
Parts A and B; major sources (as defined for the Operating Permit
program) are governed by Parts A, B and C. Major stationary sources
must comply with Parts A, B, C and D. In particular, this
reorganization separated the major stationary source NSR provisions
from the construction permit requirements applicable to all sources.
    Part A Changes. EPA is approving changes Colorado made to Part A
where the NSR Reform rule added or changed specific language used in
this Part (as specified in the table below). In addition, EPA is
approving changes Colorado made in Part A that moved the provisions
applying to major NSR to Part D (as specified in the table below). EPA
is not taking action, in this document, on any other revisions,
renumberings, additions, or deletions to Part A made by Colorado as
part of the April 16, 2004 final rulemaking action. These other changes
are being acted on by EPA in a separate final action related to
Colorado's Interstate Transport SIP (see proposed action at 76 FR
21835, April 19, 2011) and are noted in the table below.
    Part B Changes. EPA is approving only the NSR Reform rule
conforming changes Colorado made in Part B, which moved the provisions
applying to major NSR to Part D (as specified in the table below). In
this document, EPA is not taking action on any other revisions,
renumberings, additions, or deletions to Part B made by Colorado as
part of the April 16, 2004 final rulemaking action. These other changes
are being acted on by EPA in a separate final action related to
Colorado's Interstate Transport SIP (see proposed action at 76 FR
21835, April 19, 2011) and are noted in the table below.
    Part D Changes. Colorado created Regulation No. 3 Part D in order
to make Colorado's air quality program consistent with the EPA NSR
Reform rules. The references to NSR requirements in Part D include both
the nonattainment NSR and PSD programs. EPA is approving the new Part D
except for the specific provisions noted in the table below.
    The following table specifies provisions of Regulation No. 3 that
Colorado revised/renumbered or newly added in order to incorporate
EPA's NSR Reform and WEPCO rules and to create a separate NSR/PSD major
stationary source part (Part D). In addition, some of the provisions
that were proposed for approval in the notice of proposed rulemaking
that EPA published on December 7, 2005 are being acted on by EPA in a
separate final action related to Colorado's Interstate Transport SIP
(see proposed action at 76 FR 21835, April 19, 2011) and are noted in
the table below.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                How provision is
                                                                                acted on by EPA in
                                                                                EPA is                                                 a separate final
                                  Provision location                       incorporating all      Equivalent       How provision is    action related to
Provision location in Colorado's  in Colorado's 4/16/      Provision          or part of        provision in 40    acted on in this       Colorado's
 current SIP Reg 3 (NA = not in       2004 Reg 3          description         revision or      CFR 51.165 and 40      action (if          interstate
      current Colorado SIP)            revision                            addition into the      CFR 51.166        applicable see    transport SIP (see
                                                                                SIP                                  footnote)      proposed action at
                                                                                76 FR 21835, April
                                                                                19, 2011)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-I.B.1.........................  D-II.A.1..........  Actual emissions    Yes...............  51.166(b)(21),      Note the reference  Partially Approved
                                                       definition.                             51.165(a)(1)(xii).  in this             * * * With
                                                                                definition to       respect to the
                                                                                ``I.B.1.a''         renumbering and
                                                                                should be to        the modification
                                                                                ``II.A.1.a.'' and   of the provision
                                                                                Colorado will       to the extent
                                                                                correct this        that the term
                                                                                reference in a      ``regulated NSR
                                                                                future revision     pollutant''
                                                                                of Regulation No.   replaces ``air
                                                                                3.                  pollutant
                                                                                EPA is approving     regulated under
                                                                                this definition.    the Federal Act''
                                                                                See footnote 1....   but no other
                                                                                modification of
                                                                                the provision.
A-I.B.7.........................  D-II.A.3..........  Air Quality         Yes...............  NA................  Approved by         Fully approved * *
                                                       Related Value                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.8.........................  A-I.B.7...........  Allowable           Yes...............  51.166(b)(16),      Colorado added      Not taking action
                                                       Emissions                               51.165(a)(1)(xi).   ``enforceable as    * * * Because it
                                                       definition.                                                 a practical         was not a
                                                                                matter'' and        necessary
                                                                                moved ``future      prerequisite for
                                                                                compliance date''   the action on the
                                                                                phrase to this      8/1/07 submittal,
                                                                                definition.         or provision was
                                                                                EPA is approving     not proposed for
                                                                                this definition.    approval in our
                                                                                See footnotes 1      Dec. 7, 2005
                                                                                and 2..             notice.
A-I.B.10........................  D-II.A.5..........  Baseline Area       Yes...............  51.166(b)(15).....  Approved by         Fully approved * *
                                                       definition.                                                 interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.11........................  D-II.A.6..........  Baseline            Yes...............  51.166(b)(13).....  Approved by         Fully approved * *
                                                       Concentration                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.12........................  D-II.A.8..........  Best Available      Yes...............  51.166(b)(12),      Approved by         Fully approved * *
                                                       Control                                 51.165(a)(1)(xl).   interstate          * Because the
                                                       Technology                                                  transport NFR.      provision has
                                                       definition.                                                 See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.

A-I.B.15........................  D-II.A.12.........  Complete            Yes...............  51.166(b)(22).....  Approved by         Fully approved * *
                                                       definition (for                                             interstate          * Because the
                                                       PSD/NSR purposes).                                          transport NFR.      provision has
                                                                                See next column.    only been
                                                                                Note the reference   renumbered and no
                                                                                in                  substantive
                                                                                II.A.12.a.(vii)     changes were
                                                                                of this             made.
                                                                                definition to
                                                                                ``III.G.4. of
                                                                                Part B'' is not
                                                                                in the current
                                                                                codified SIP.
A-I.B.21........................  D-II.A.16.........  Federal Land        Yes...............  51.166(b)(24),      Approved by         Fully approved * *
                                                       Manager                                 51.165(a)(1)(xlii   interstate          * Because the
                                                       definition.                             ).                  transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.31........................  D-II.A.19.........  Innovative Control  Yes...............  51.166(b)(19).....  Approved by         Fully approved * *
                                                       Technology                                                  interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.32........................  D-II.A.21.........  Lowest Achievable   Yes...............  51.166(b)(52),      EPA is approving    Partially approved
                                                       Emission Rate                           51.165(a)(1)(xiii   the language        * * * Only
                                                       definition.                             ).                  change.             approved
                                                                                See footnote 1....   renumbering. NSR
                                                                                NFR will approve
                                                                                the language
                                                                                change.
A-I.B.33........................  D-II.A.24.........  Major Source        Yes...............  51.166(b)(14)(i)..  Approved by         Fully approved * *
                                                       Baseline Date                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.34........................  D-II.A.26.........  Minor Source        Yes...............  51.166(b)(14)(ii).  Approved by         Fully approved * *
                                                       Baseline Date                                               interstate          * Because the
                                                       definition.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
A-I.B.35.b......................  D-II.A.23. (except  Major Modification  Yes, except as      51.166(b)(2),       EPA is approving    Partially Approved
                                   II.A.23.d(iii),     definition.         noted below.        51.165(a)(1)(v).    portions of D-      * * * With
                                   (viii), (x),                                                                    II.23 not acted     respect to the
                                   (xi), and (e)--                                                                 on by EPA in a      renumbering and
                                   see below).                                                                     separate final      the modification
                                                                                action related to   of the provision
                                                                                Colorado's          to the extent
                                                                                Interstate          that the term
                                                                                Transport SIP.      ``regulated NSR
                                                                                Note that the        pollutant''
                                                                                provision in        replaces ``air
                                                                                II.A.23.e that      pollutant
                                                                                references          regulated under
                                                                                ``section           the Federal Act''
                                                                                II.A.2'' should     but no other
                                                                                reference           modification of
                                                                                ``II.A.31'' and     the provision.
                                                                                Colorado will      EPA is approving
                                                                                correct this        the renumbering
                                                                                reference in a      of all of II.23
                                                                                future revision     (except sections
                                                                                of Regulation 3.    D-II.A.23.d.(viii
                                                                                See Footnotes 1      ), (x), and
                                                                                and 2..             (xi)), and, in
                                                                                II.A.23, prior to
                                                                                subsection
                                                                                II.A.23.a, the
                                                                                replacement of
                                                                                the term ``air
                                                                                pollutant subject
                                                                                to regulation
                                                                                under the Federal
                                                                                Act or the State
                                                                                Act'' with the
                                                                                term ``regulated
                                                                                NSR pollutant.''
                                                                                Note that the
                                                                                provision in
                                                                                II.A.23.e that
                                                                                references
                                                                                ``section
                                                                                II.A.2'' should
                                                                                reference
                                                                                ``II.A.31'' and
                                                                                Colorado will
                                                                                correct this
                                                                                reference in a
                                                                                future revision
                                                                                of Regulation 3.
N/A.............................  D-II.A.23.d.(iii).  Use of an           Yes...............  51.166(b)(2)(iii)(  EPA is approving    Not taking action
                                                       alternative fuel                        d),                 this definition.    * * * Because it
                                                       at a steam                              51.165(a)(1)(v)(C  See footnote 1....   was not a
                                                       generating unit                         )(4)(iv).                               necessary
                                                       (part of Major                                                                  prerequisite for
                                                       Mod definition).                                                                the action on the
                                                                                8/1/07 submittal,
                                                                                or provision was
                                                                                not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
N/A.............................  D-II.A.23.d(viii).  Addition            No................  51.166(b)(2)(iii)(  EPA considers this  Not taking action
                                                       replacement or                          h),                 provision           * * * Because it
                                                       use of a PCP * *                        51.165(a)(1)(v)(C   withdrawn by the    was not a
                                                       * (part of Major                        )(8).               State.              necessary
                                                       Modification                                               See footnote 6....   prerequisite for
                                                       definition).                                                                    the action on the
                                                                                8/1/07 submittal,
                                                                                or provision was
                                                                                not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
N/A.............................  D-II.A.23.d(x)....  The installation    Yes, as noted.....  51.166(b)(2)(j)...  EPA is approving    Not taking action
                                                       or operation of a                                           this definition     * * * Because it
                                                       permanent clean                                             as clarified.       was not a
                                                       coal technology                                            See footnote 3....   necessary
                                                       demonstration                                                                   prerequisite for
                                                       project that                                                                    our action on the
                                                       constitutes                                                                     8/1/07 submittal,
                                                       repowering * * *                                                                or provision was
                                                       (part of Major                                                                  not proposed for
                                                       Modification                                                                    approval in our
                                                       definition).                                                                    Dec. 7, 2005
                                                                                notice.

N/A.............................  D-II.A.23.d(xi)...  The reactivation    Yes, as noted.....  51.166(b)(2)(k)...  EPA is approving    Not taking action
                                                       of a very clean                                             this definition     * * * Because it
                                                       coal fired                                                  as clarified.       was not a
                                                       electric utility                                           See footnote 3....   necessary
                                                       steam generating                                                                prerequisite for
                                                       unit. (part of                                                                  our action on the
                                                       Major                                                                           8/1/07 submittal,
                                                       Modification                                                                    or provision was
                                                       definition).                                                                    not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
N/A.............................  D-II.A.23.e.......  This definition     Yes...............  51.166(b)(2)(iv),   EPA is approving    Not taking action
                                                       shall not apply *                       51.165(a)(1)(v)(D   this definition.    * * * Because it
                                                       * * for a PAL                           ).                 Note that the        was not a
                                                       (part of Major                                              reference in this   necessary
                                                       Mod definition).                                            definition should   prerequisite for
                                                                                be to II.A.31 not   the action on the
                                                                                II.A.2., and        8/1/07 submittal,
                                                                                Colorado will       or provision was
                                                                                correct this        not proposed for
                                                                                reference in a      approval in our
                                                                                future revision     Dec. 7, 2005
                                                                                of Regulation 3.    notice.
                                                                                See footnote 1....
A-I.B.36........................  D-II.A.27. (except  Net Emissions       Yes...............  51.166(b)(3),       Colorado has added  Partially Approved
                                   II.A.27.c.(iv)      Increase                                51.165(a)(1)(vi).   additional          * * * With
                                   and                 definition.                                                 language at         respect to the
                                   II.A.27.g.(v)).                                                                 II.A.27.c.(iii),    renumbering and
                                                                                and II.A.27.g.(i).  the modification
                                                                                EPA is approving     of the provision
                                                                                this definition.    to the extent
                                                                                Note that            that the term
                                                                                provision           ``regulated NSR
                                                                                II.A.27.a.(i)       pollutant''
                                                                                references          replaces ``air
                                                                                ``I.A.4.''          pollutant
                                                                                However, there is   regulated under
                                                                                no I.A.4.and this   the Federal Act''
                                                                                reference will be   but no other
                                                                                deleted by          modification of
                                                                                Colorado.           the provision.
                                                                                See footnote 1 &
                                                                                2..
N/A.............................  D-II.A.27.c.(iv)..  Net emissions       No................  51.166(b)(3)(iii)(  EPA considers this  Not Taking Action
                                                       increase at a                           c),                 provision           on this part of
                                                       clean unit (part                        51.165(a)(1)(vi)(   withdrawn by the    the definition at
                                                       of Net Emissions                        C)(3).              State.              this time.
                                                       Increase                                                   See footnote 6....
                                                       definition).
N/A.............................  D-II.A.27.g.(v)...  Net emissions       No................  51.166(b)(3)(vi)(d  EPA considers this  Not Taking Action
                                                       increase at a                           ),                  provision           on this part of
                                                       clean unit and                          51.165(a)(1)(vi)(   withdrawn by the    the definition at
                                                       pollution control                       E)(5).              State.              this time.
                                                       project (part of                                           See footnote 6....
                                                       Net Emissions
                                                       Increase
                                                       definition).
A-I.B.44........................  A-I.B.35..........  Potential to Emit   Yes...............  51.166(b)(4),       EPA is approving    Not taking action
                                                       definition.                             51.165(a)(1)(iii).  this definition.    * * * Because it
                                                                                See footnote 2....   was not a
                                                                                necessary
                                                                                prerequisite for
                                                                                the action on the
                                                                                8/1/07 submittal,
                                                                                or provision was
                                                                                not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
A-I.B.55........................  D-II.A.43.........  Secondary           Yes...............  51.166.(b)(18),     EPA is approving    Partially approved
                                                       Emissions                               51.165(a)(1)(viii   the language        * * * Only
                                                       definition.                             ).                  change for this     approved
                                                                                definition.         renumbering. NSR
                                                                                See footnote 1....   NFR will approve
                                                                                the language
                                                                                change.
A-I.B.57........................  D-II.A.44.........  Significant         No, see comment...  51.166.(b)(23),     Approved by         Fully approved * *
                                                       definition.                             51.165(a)(1)(x).    interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made. Note: our
                                                                                approval of the 8/
                                                                                1/07 submission
                                                                                modifies this
                                                                                definition.
A-I.B.58. Major Stationary        D-II.A.25.........  Major Stationary    Yes, except as      51.166(b)(1)(i),    Approved by         Partially approved
 Source.                                               Source definition   noted below.        51.165(a)(1)(iv).   interstate          * * * Because the
                                                       (introductory).                                             transport NFR. D-   provision has
                                                                                II.A.25.b was not   only been
                                                                                approved.           renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made. D-II.A.25.b
                                                                                was not approved.
A-I.B.58.a......................  D-II.A.25.b.......  For the purpose of  Yes, as noted.....  51.165(a)(1)(iv)(A  EPA is approving    Not taking action
                                                       determining                             )(1).               this provision.     * * * Because it
                                                       whether a source                                           See footnote 4....   was not a
                                                       in a                                                                            necessary
                                                       nonattainment                                                                   prerequisite for
                                                       area is subject *                                                               the action on the
                                                       * * (part of                                                                    8/1/07 submittal,
                                                       Major Stationary                                                                or provision was
                                                       Source                                                                          not proposed for
                                                       definition).                                                                    approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
A-I.B.58.b......................  D-II.A.25.a.......  For the purpose of  Yes...............  51.166(b)(1)(i)(a)  Approved by         Fully approved * *
                                                       determining                                                 interstate          * Because the
                                                       whether a source                                            transport NFR.      provision has
                                                       in an attainment                                            See next column.    only been
                                                       or unclassifiable                                                               renumbered and no
                                                       area (part of                                                                   substantive
                                                       Major Stationary                                                                changes were
                                                       Source                                                                          made.
                                                       definition).

A-I.B.58.c......................  D-II.A.25.c.......  Major stationary    Yes...............  51.166(b)(1)(i)(c)  Approved by         Fully approved * *
                                                       source includes                         ,                   interstate          * Because the
                                                       any physical                            51.165(a)(1)(iv)(   transport NFR.      provision has
                                                       change that would                       A)(2).              See next column.    only been
                                                       occur at a                                                                      renumbered and no
                                                       stationary source                                                               substantive
                                                       (part of Major                                                                  changes were
                                                       Stationary Source                                                               made.
                                                       definition).
A-I.B.58.d......................  D-II.A.25.d.......  A major stationary  Yes...............  51.166(b)(1)(ii),   Approved by         Fully approved * *
                                                       source that is                          51.165(a)(1)(iv)(   interstate          * Because the
                                                       major for                               B).                 transport NFR.      provision has
                                                       volatile organic                                            See next column.    only been
                                                       compounds shall                                                                 renumbered and no
                                                       be considered                                                                   substantive
                                                       major * * * (part                                                               changes were
                                                       of Major                                                                        made. Note: our
                                                       Stationary Source                                                               approval of the 8/
                                                       definition).                                                                    1/07 submission
                                                                                modifies this
                                                                                definition.
A-I.B.58.f......................  D-II.A.25.e.......  The fugitive        Yes...............  51.166(b)(1)(iii),  Approved by         Fully approved * *
                                                       emissions of a                          51.165(a)(1)(iv)(   interstate          * Because the
                                                       stationary source                       C).                 transport NFR.      provision has
                                                       shall not be                                                See next column.    only been
                                                       included * * *                                                                  renumbered and no
                                                       (part of Major                                                                  substantive
                                                       Stationary Source                                                               changes were
                                                       definition).                                                                    made.
A-I.B.58.e......................  D-II.A.25.f.......  Emissions caused    Yes...............  NA................  Approved by         Fully approved * *
                                                       by indirect air                                             interstate          * Because the
                                                       pollution sources                                           transport NFR.      provision has
                                                       (part of Major                                              See next column.    only been
                                                       Stationary Source                                                               renumbered and no
                                                       definition).                                                                    substantive
                                                                                changes were
                                                                                made.
                                                                                The reference in
                                                                                this definition
                                                                                to ``I.B.22. of
                                                                                Part A'' is at A-
                                                                                I.B.58. in the
                                                                                current codified
                                                                                SIP.
A-I.B.58.g......................  D-II.A.25.g.......  A major stationary  Yes...............  NA................  Action taken by     Not taking action
                                                       source in the                                               interstate          EPA is not acting
                                                       Denver Metro PM10                                           transport SIP.      on this
                                                       * * * (part of                                              See next column.    definition in
                                                       Major Stationary                                                                this action. This
                                                       Source                                                                          definition was
                                                       definition).                                                                    not included in
                                                                                Colorado's
                                                                                October 25, 2005
                                                                                submission of
                                                                                Regulation No. 3,
                                                                                and was therefore
                                                                                proposed for
                                                                                approval
                                                                                erroneously in
                                                                                EPA's December 7,
                                                                                2005 proposed
                                                                                approval.
N/A.............................  D-III.............  Permit Review       Yes...............  NA................  Approved by         Fully approved.
                                                       Procedures.                                                 interstate
                                                                                transport NFR.
                                                                                See next column.
N/A.............................  D-III.A...........  Major Stationary    Yes...............  NA................  Approved by         Fully approved.
                                                       Sources must                                                interstate
                                                       apply for CP or                                             transport NFR.
                                                       OP.                                                         See next column.
B-IV.B.5........................  D-III.B...........  Process PSD         Yes...............  NA................  Approved by         Fully approved * *
                                                       applications w/in                                           interstate          * Because the
                                                       12 months.                                                  transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
N/A.............................  D-IV..............  Public Comment      Yes...............  51.166(q).........  Approved by         Fully approved.
                                                       Requirements.                                               interstate
                                                                                transport NFR.
                                                                                See next column.
N/A.............................  D-IV.A............  Public Notice.....  Yes...............  51.166(q).........  Approved by         Fully approved.
                                                                                interstate         Copied from Part
                                                                                transport NFR.      B, IV.C.4. of
                                                                                See next column.    current codified
                                                                                SIP.
                                                                                The reference in D-
                                                                                IV.A. to
                                                                                ``III.C.3. of
                                                                                Part B'' is at B-
                                                                                IV.C.3. in the
                                                                                current codified
                                                                                SIP.
B-IV.C.4.--from ``For sources     D-IV.A.1..........  Public notice of    Yes...............  51.166(q)(ii) and   Approved by         Fully approved * *
 subject to the provisions of                          NSR and PSD                             (iv).               interstate          * Because the
 section IV.D.3.'' to ``The                            permit                                                      transport NFR.      provision has
 newspaper notice``.                                   applications.                                               See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.C.4.f......................  D-IV.A.2..........  Additionally, for   Yes...............  51.166(q)(iii)....  Approved by         Fully approved * *
                                                       permit                                                      interstate          * Because the
                                                       applications                                                transport NFR.      provision has
                                                       (request comment                                            See next column.    only been
                                                       on).                                                                            renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.C.5........................  D-IV.A.3..........  Within 15 days      Yes...............  NA................  Approved by         Fully approved * *
                                                       after prepare PA.                                           interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.C.6........................  D-IV.A.4..........  Hearing request     Yes...............  NA................  Approved by         Fully approved * *
                                                       for innovative                                              interstate          * Because the
                                                       control.                                                    transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.C.7........................  D-IV.A.5..........  Hearing request     Yes...............  NA................  Approved by         Fully approved * *
                                                       transmitted to                                              interstate          * Because the
                                                       commission.                                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.

B-IV.C.8........................  D-IV.A.6..........  Commission shall    Yes...............  51.166(q)(v)......  Approved by         Fully approved * *
                                                       hold public                                                 interstate          * Because the
                                                       comment hearing.                                            transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.C.9........................  D-IV.A.7..........  15 days after       Yes...............  51.166(q)(viii)...  Approved by         Fully approved * *
                                                       division makes                                              interstate          * Because the
                                                       final decision on                                           transport NFR.      provision has
                                                       application.                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2........................  D-V...............  Requirements        Yes...............  NA................  Approved by         Fully approved * *
                                                       Applicable to Non-                                          interstate          * Because the
                                                       attainment Areas.                                           transport NFR.      provision has
                                                      (Introductory)....                                           See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.a......................  D-V.A.............  Major Stationary    Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Sources.                                S.IV.A.             interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
                                                                                The reference in D-
                                                                                V.A. to
                                                                                ``III.D.1. of
                                                                                Part B'' is at B-
                                                                                IV.D.1. in the
                                                                                current codified
                                                                                SIP.
B-IV.D.2.a.(i) through (iii)....  D-V.A.1. through 3  Major Stationary    Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Sources.                                S.IV.A.             interstate          * Because the
                                                                                Conditions 1-4.     transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.a.(iii)(C) 2nd par.....  D-V.A.3.d.........  With respect to     Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       offsets from                            S.IV.D.             interstate          * Because the
                                                       outside                                                     transport NFR.      provision has
                                                       nonattainment                                               See next column.    only been
                                                       area.                                                                           renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.a.(iv).................  D-V.A.4...........  The permit          Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       application shall                       S.IV.D.             interstate          * Because the
                                                       include an                                                  transport NFR.      provision has
                                                       analysis of                                                 See next column.    only been
                                                       alternative sites.                                                              renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.a.(v)..................  D-V.A.5...........  Offsets for which   Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       emission                                S.V.A.              interstate          * Because the
                                                       reduction credit                                            transport NFR.      provision has
                                                       is taken.                                                   See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.a.(vi).................  D-V.A.6...........  The applicant will  Yes...............  NA................  Approved by         Fully approved * *
                                                       demonstrate that                                            interstate          * Because the
                                                       emissions from                                              transport NFR.      provision has
                                                       the proposed                                                See next column.    only been
                                                       source will not                                                                 renumbered and no
                                                       adversely impact                                                                substantive
                                                       visibility.                                                                     changes were
                                                                                made.
B-IV.D.2.b......................  D-V.A.7...........  Applicability of    Yes...............  NA................  Approved by         Fully approved * *
                                                       Certain                                                     interstate          * Because the
                                                       Nonattainment                                               transport NFR.      provision has
                                                       Area Requirements.                                          See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.b.(i)..................  D-V.A.7.a.........  Any major           Yes...............  NA................  Approved by         Fully approved * *
                                                       stationary source                                           interstate          * Because the
                                                       in a                                                        transport NFR.      provision has
                                                       nonattainment                                               See next column.    only been
                                                       area.                                                                           renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.2.b.(ii).................  D-V.A.7.b.........  The requirements    Yes...............  51.165(a)(5)(ii)..  Approved by         Fully approved * *
                                                       of section V.A.                                             interstate          * Because the
                                                       shall apply at                                              transport NFR.      provision has
                                                       such time that                                              See next column.    only been
                                                       any stationary                                                                  renumbered and no
                                                       source.                                                                         substantive
                                                                                changes were
                                                                                made.
N/A.............................  D-V.A.7.c.........  The following       Yes, except as      51.165(a)(6)......  EPA is approving    Not taking action
                                                       provisions apply    noted in comment                        this provision,     * * * Because it
                                                       to projects at      section.                                with the            was not a
                                                       existing                                                    exception of the    necessary
                                                       emissions units *                                           phrases ``a Clean   prerequisite for
                                                       * * (``Reasonable                                           Unit or at,'' ``a   the action on the
                                                       possibility''                                               reasonable          8/1/07 submittal,
                                                       provisions in                                               possibility         or provision was
                                                       nonattainment                                               that'' and ``may    not proposed for
                                                       areas) (part of                                             result in a         approval in our
                                                       Applicability of                                            significant         Dec. 7, 2005
                                                       Certain                                                     emissions           notice.
                                                       Nonattainment                                               increase,'' which
                                                       Area                                                        EPA considers as
                                                       Requirements).                                              withdrawn by the
                                                                                State.
                                                                                See footnote 1, 5,
                                                                                and 6..
N/A.............................  D-V.A.7.d.........  documents           Yes...............  51.165(a)(7)......  EPA is approving    Not taking action
                                                       available for                                               this provision.     * * * Because it
                                                       review upon                                                See footnote 1....   was not a
                                                       request (part of                                                                necessary
                                                       Applicability of                                                                prerequisite for
                                                       Certain                                                                         the action on the
                                                       Nonattainment                                                                   8/1/07 submittal,
                                                       Area                                                                            or provision was
                                                       Requirements).                                                                  not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
B-IV.D.2.c. (and subsections)...  D-V.A.8...........  Exemptions from     Yes...............  51.165, Appx.       Approved by         Fully approved * *
                                                       Certain                                 S.IV.B.             interstate          * Because the
                                                       Nonattainment                                               transport NFR.      provision has
                                                       Area Requirements.                                          See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.

B-IV.D.3........................  D-VI..............  Requirements        Yes...............  NA................  Approved by         Fully approved * *
                                                       Applicable to                                               interstate          * Because the
                                                       Attainment Areas.                                           transport NFR.      provision has
                                                      (Introductory)....                                           See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.a. (and subsections not  D-VI.A............  Major Stationary    Yes...............  51.166(j).........  Approved by         Fully approved * *
 listed below).                                        Sources and Major                                           interstate          * Because the
                                                       Modifications.                                              transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
                                                                                The reference in D-
                                                                                VI.A. to
                                                                                ``III.D.1. of
                                                                                Part B'' is at B-
                                                                                IV.D.1. in the
                                                                                current codified
                                                                                SIP.
B-IV.D.3.a.(i)(C)...............  D-VI.A.1.c........  For phased          Yes...............  51.166(j)(4)......  EPA is approving    Partially approved
                                                       construction.                                               the language        * * * Only
                                                                                change for this     approved
                                                                                definition.         renumbering. NSR
                                                                                See footnote 1 and   NFR will approve
                                                                                2..                 the language
                                                                                change.
B-IV.D.3.a.(iii)(D).............  D-VI.A.3.d........  In general, the     Yes...............  51.166(m)(1)(iv)..  Approved by         Fully approved * *
                                                       continuous air                                              interstate          * Because the
                                                       monitoring data.                                            transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.a.(iii)(D).............  D-VI.A.4..........  Post-construction   Yes...............  51.166(m)(2)......  Approved by         Fully approved * *
                                                       monitoring.                                                 interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
                                                                                Colorado has
                                                                                revised this
                                                                                provision to make
                                                                                post construction
                                                                                monitoring at the
                                                                                director's
                                                                                discretion as
                                                                                allowed by
                                                                                51.166(m)(2).
B-IV.D.3.b......................  D-VI.B............  Applicability of    Yes...............  NA................  Approved by         Fully approved * *
                                                       Certain PSD                                                 interstate          * Because the
                                                       Requirements.                                               transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.b.(i)..................  D-VI.B.1..........  The requirements    Yes...............  51.166(i)(1) and    Approved by         Fully approved * *
                                                       of section VI.A.                        (2).                interstate          * Because the
                                                       do not apply.                                               transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.b.(ii).................  D-VI.B.2..........  The requirements    Yes...............  51.166(i)(3) and    Approved by         Fully approved * *
                                                       contained in                            (4).                interstate          * Because the
                                                       sections VI.A.2.                                            transport NFR.      provision has
                                                       through VI.A.4.                                             See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.b.(iii)................  D-VI.B.3.           The division may    Yes...............  51.166(i)(5)......  Approved by         Fully approved * *
                                   (including D-       exempt a proposed                                           interstate          * Because the
                                   VI.B.3.b., c.,      major stationary                                            transport NFR.      provision has
                                   and d.).            source or major                                             See next column.    only been
                                                       modification from                                                               renumbered and no
                                                       the requirements                                                                substantive
                                                       of sections                                                                     changes were
                                                       VI.A.3. through                                                                 made.
                                                       VI.A.5. of this                                                                Colorado has
                                                       Part, with                                                                      reworded D-
                                                       respect to                                                                      VI.B.3. and
                                                       monitoring for a                                                                deleted
                                                       particular                                                                      unnecessary
                                                       pollutant if: * *                                                               language.
                                                       *.
B-IV.D.3.b.(iii)(A)(1)-(12).....  D-VI.B.3.a.(i)-(ix  deleted Mercury,    Yes...............  51.166(i)(5)(i)...  Approved by         Fully approved * *
                                   ).                  Beryllium, Vinyl                                            interstate          * Because the
                                                       chloride.                                                   transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.b.(iv).................  D-VI.B.4..........  The requirements    Yes...............  51.166(i)(6)......  Approved by         Fully approved * *
                                                       of this Part D                                              interstate          * Because the
                                                       shall apply.                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
N/A.............................  D-VI.B.5..........  The following       Yes, except as      51.166(r)(6)......  EPA is approving    Not taking action
                                                       provisions apply    noted in comment                        this provision,     * * * Because it
                                                       to projects at      section.                                with the            was not a
                                                       existing                                                    exception of the    necessary
                                                       emissions units                                             phrases ``a Clean   prerequisite for
                                                       (``Reasonable                                               Unit or at,'' ``a   the action on the
                                                       possibility''                                               reasonable          8/1/07 submittal,
                                                       provisions PSD)                                             possibility         or provision was
                                                       (part of                                                    that'' and ``may    not proposed for
                                                       Applicability of                                            result in a         approval in our
                                                       Certain PSD                                                 significant         Dec. 7, 2005
                                                       Requirements).                                              emissions           notice.
                                                                                increase,'' which
                                                                                EPA considers as
                                                                                withdrawn by the
                                                                                State.
                                                                                See footnotes 1,
                                                                                5, and 6..

N/A.............................  D-VI.B.6..........  documents           Yes...............  51.166(r)(7)......  EPA is approving    Not taking action
                                                       available for                                               this provision.     * * * Because it
                                                       review upon                                                See footnote 1....   was not a
                                                       request (part of                                                                necessary
                                                       Applicability of                                                                prerequisite for
                                                       Certain PSD                                                                     the action on the
                                                       Requirements).                                                                  8/1/07 submittal,
                                                                                or provision was
                                                                                not proposed for
                                                                                approval in our
                                                                                Dec. 7, 2005
                                                                                notice.
B-IV.D.3.b.(v)..................  D-VI.B.7..........  A stationary        Yes...............  51.166(i)(9)......  Approved by         Fully approved * *
                                                       source or                                                   interstate          * Because the
                                                       modification may                                            transport NFR.      provision has
                                                       apply.                                                      See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.c......................  D-VI.C............  Notice to EPA.....  Yes...............  51.166(p)(1)......  Approved by         Fully approved * *
                                                                                interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-IV.D.3.d......................  D-VI.D............  Major Stationary    Yes...............  51.165(b).........  Approved by         Fully approved * *
                                                       Sources in                                                  interstate          * Because the
                                                       attainment areas                                            transport NFR.      provision has
                                                       affecting                                                   See next column.    only been
                                                       nonattainment                                                                   renumbered and no
                                                       area.                                                                           substantive
                                                                                changes were made
                                                                                The reference in D-
                                                                                VI.D. to
                                                                                ``III.D.1. of
                                                                                Part B'' is at B-
                                                                                IV.D.1. in the
                                                                                current codified
                                                                                SIP.
B-IV.D.4........................  D-VII.............  Negligibly          Yes...............  51.100(s).........  Approved by         Fully approved * *
                                                       Reactive VOCs.                                              interstate          * Because the
                                                                                transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
B-V.............................  D-VIII............  Area                Yes, with the       51.166(e).........  Approved by         Fully approved * *
                                                       Classifications.    exception of D-                         interstate          * Because the
                                                                           VIII.B.                                 transport NFR.      provision has
                                                                                See next column.    only been
                                                                                renumbered and no
                                                                                substantive
                                                                                changes were
                                                                                made.
                                                                                EPA is approving
                                                                                this provision
                                                                                with the
                                                                                exception of D-
                                                                                VIII.B.
N/A.............................  D-VIII.B..........  All other areas of  No................  NA................  EPA considers this  Not taking action
                                                       Colorado, * * *                                             provision as        * * * Because it