[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1027-1039]
[FR Doc No: 2012-70]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1037; FRL-9506-8]

Approval and Promulgation of State Implementation Plans; State of
Colorado; Interstate Transport of Pollution Revisions for the 1997
PM2.5 and 8-Hour Ozone NAAQS: ``Significant Contribution,''
``Interference With Maintenance,'' and ``Interference With Prevention
of Significant Deterioration'' Requirements; Revisions to Regulation
No. 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving portions of a State Implementation Plan (SIP)
revision submitted by the State of Colorado for the purpose of
addressing the ``good neighbor'' provisions of Clean Air Act (``Act''
or ``CAA'') section 110(a)(2)(D)(i) for the 1997 8-hour ozone National
Ambient Air Quality Standards (``NAAQS'' or ``standards'') and the 1997
fine particulate matter (``PM2.5'') NAAQS. This SIP revision
addresses the requirement that the State of Colorado's SIP
(``Interstate Transport SIP'') have adequate provisions to prohibit air
emissions from adversely affecting another state's air quality through
interstate transport. In this action, EPA is approving the Colorado
Interstate Transport SIP provisions that address the requirement of
section 110(a)(2)(D)(i) that emissions from Colorado sources do not
significantly contribute to nonattainment of the 1997 PM2.5
NAAQS in any other state, interfere with maintenance of the 1997
PM2.5 NAAQS by any other state, or interfere with any other
state's required measures to prevent significant deterioration of air
quality for the 1997 PM2.5 and 8-hour ozone NAAQS. EPA is

also approving certain revisions to Colorado Regulation No. 3 submitted
by the State of Colorado in separate prior submissions. This action is
being taken under section 110 of the CAA.

DATES: Effective Date: This final rule is effective February 8, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1037. Documents related to EPA's December 7, 2005
proposed approval of changes to Colorado Regulation No. 3 (70 FR 72744)
can be found in a docket under Docket ID No. R08-OAR-2005-CO-0003. All
documents in the dockets 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: Adam Clark, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

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 Colorado and State mean the State of Colorado.

Table of Contents

I . Background
II. Response to Comments
III. Section 110(l)
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

Colorado Interstate Transport SIP for the 1997 8-hour Ozone and PM2.5
NAAQS

    On July 18, 1997, EPA promulgated new NAAQS for ozone and for
PM2.5. Section 110(a)(1) of the CAA requires states to
submit SIPs to address a new or revised NAAQS within 3 years after
promulgation of such standards, or within such shorter period as EPA
may prescribe. Section 110(a)(2) lists the elements that such new SIPs
must address, as applicable, including section 110(a)(2)(D)(i), which
pertains to interstate transport of certain emissions. On August 15,
2006, EPA issued its ``Guidance for State Implementation Plan (SIP)
Submissions to Meet Current Outstanding Obligations Under Section
110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards'' (``2006 Guidance'').\1\ The 2006
Guidance recommends ways states may, in their submissions, meet the
requirements of section 110(a)(2)(D)(i) for the 1997 8-hour ozone and
PM2.5 standards.
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    \1\ Memorandum from William T. Harnett entitled, ``Guidance for
State Implementation Plan (SIP) Submissions to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
Ozone and PM2.5 National Ambient Air Quality Standards''
(Aug. 15, 2006).
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    As identified in the 2006 Guidance, the ``good neighbor''
provisions in section 110(a)(2)(D)(i) require each state to submit a
SIP that prohibits emissions that adversely affect another state in the
ways contemplated in the statute. Section 110(a)(2)(D)(i) identifies
four distinct requirements related to the impacts of interstate
transport. The SIP must prevent sources in the state from emitting
pollutants in amounts which will: (1) Contribute significantly to
nonattainment of the NAAQS in any other state; (2) interfere with
maintenance of the NAAQS by any other state; (3) interfere with
required measures to prevent significant deterioration of air quality
in any other state; or (4) interfere with efforts to protect visibility
in any other state. Requirements (1) and (2) are found under
110(a)(2)(D)(i)(I), and requirements (3) and (4) are found under
110(a)(2)(D)(i)(II).
    On June 11, 2008, the State of Colorado submitted to EPA an
Interstate Transport SIP addressing all four requirements of CAA
section 110(a)(2)(D)(i) for the 1997 8-hour ozone and PM2.5
NAAQS. In response to EPA's concerns regarding the June 11, 2008
submission, the State later submitted two superseding interstate
transport SIP revisions: (a) a June 18, 2009 submission addressing
requirements (1) and (2) of section 110(a)(2)(D)(i) for the 1997 8-hour
ozone NAAQS; and (b) a March 31, 2010 submission addressing
requirements (3) and (4) for the 1997 8-hour ozone NAAQS and
requirements (1) through (4) for the 1997 PM2.5 NAAQS. EPA
approved Colorado's Interstate Transport SIP with respect to the
``significant contribution to nonattainment'' and the ``interfere with
maintenance'' requirements for the 1997 8-hour ozone NAAQS in final
rule actions published June 3 and November 22, 2010 (75 FR 31306; 75 FR
71029). EPA approved Colorado's Interstate Transport SIP with respect
to the ``interfere with visibility'' requirement for the 1997 8-hour
ozone and PM2.5 NAAQS on April 20, 2011 (76 FR 22036).
    After those actions, the pending portions of Colorado's Interstate
Transport SIP are those that address requirements (1), (2), and (3) for
the 1997 PM2.5 NAAQS and requirement (3) for the 1997 8-hour
ozone NAAQS. On April 19, 2011, EPA published a notice of proposed
rulemaking (NPR) for the State of Colorado (76 FR 21835) to act on the
pending portions. Specifically, in the NPR EPA proposed approval of the
language and demonstration of the March 31, 2010 submission that
addresses three requirements of section 110(a)(2)(D)(i) with respect to
the 1997 PM2.5 NAAQS: (1) Prohibition of significant
contribution to nonattainment of the NAAQS in any other state, (2)
prohibition of interference with maintenance of the NAAQS by any other
state, and (3) prohibition of interference with other states' required
measures to prevent significant deterioration of air quality. EPA is
also approving the language and demonstration that addresses
requirement (3) of section 110(a)(2)(D)(i)--prohibition of interference
with other states' required measures to prevent significant
deterioration of air quality--with respect to the 1997 8-hour ozone
NAAQS.

Colorado Regulation No. 3, Part D: New Source Review and Prevention of
Significant Deterioration (PSD)

    The 2006 Guidance states that the interference with PSD requirement
of section 110(a)(2)(D)(i)(II) may be met by the State's confirmation
in a SIP submission that new major sources and major modifications in
the State are subject to PSD and (if the State contains a nonattainment
area for the relevant

pollutant) Nonattainment New Source Review (NNSR) programs that
implement the relevant standards according to current requirements.\2\
Colorado's SIP-approved PSD and NNSR programs are contained in Colorado
Regulation No. 3.
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    \2\ 2006 Guidance at 6.
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    The State of Colorado submitted revisions to Colorado Regulation
No. 3 on July 11, 2005, and submitted a supplement to those revisions
on October 25, 2005, in response to EPA's concerns. The two submissions
reorganized Regulation No. 3 by moving much of the previously approved
language from other sections of Regulation 3 into the newly created
Part D. The submissions then incorporated EPA's December 31, 2002 NSR
Reform rule (67 FR 80186) into Part D, applying the reforms to both the
State's PSD and NNSR programs. In its submissions, Colorado
distinguished the revised language that incorporated NSR Reform from
the language for the existing PSD and NSR programs (as reorganized into
part D) by italicizing language that was to be added to the existing
programs and by underlining language that was to be removed from the
existing programs. Colorado's submission indicated that the addition of
the italicized language and removal of the underlined language was to
become effective only after EPA approved those changes into Colorado's
SIP. EPA proposed approval of the October 25, 2005 submission on
December 7, 2005 (70 FR 72744).\3\ EPA's proposed approval received
extensive comments, and EPA has not yet finalized it.
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    \3\ The December 7, 2005 proposed approval and all supporting
documentation, including both the July 11, 2005 and October 25, 2005
submissions can be found in docket R08-OAR-2005-CO-0003-FRL-8005-6.
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    On August 1, 2007, the State submitted to EPA revisions to
Regulation No. 3. These revisions (among other things) updated the
State's PSD and NNSR programs to meet the requirements of EPA's Phase 2
implementation rule for the 1997 8-hour ozone NAAQS (``Phase 2 Rule'')
(70 FR 71612, Nov. 29, 2005). In the April 19, 2011 NPR (76 FR 21835)
for today's action, EPA proposed approval of portions of the August 1,
2007 submission, specifically the portions that implement the Phase 2
rule by treating nitrogen oxides as an ozone precursor. Because these
portions are in part D of Regulation No. 3, which was created by the
July 11, 2005 and the October 25, 2005 submissions, the August 1, 2007
revisions depend on those earlier submissions. Specifically, the August
1, 2007 revisions depend on the following parts: The reorganization of
the existing PSD and NNSR programs into part D of Regulation No. 3, the
introduction of the term ``regulated NSR pollutant,'' and the
associated replacement in existing portions of the PSD and NNSR program
of the regulatory phrase ``air pollutant subject to regulation under
the Act'' with the term ``regulated NSR pollutant.'' As explained in
greater detail in section IV below, in this action we also finalize the
December 7, 2005 proposed approval of these portions of the July 11,
2005 and October 25, 2005 submissions.
    Finally, the NPR included language explaining that EPA would
approve the State's 110(a)(2)(D)(i) submission for the PSD requirement
in its entirety for both NAAQS if the State submitted a letter
clarifying that its Interstate Transport SIP submission should be read
to rely only on the portion of Colorado's PSD program that remains
approved after the PSD SIP Narrowing Rule (75 FR 82536, Dec. 30, 2010)
took effect. The State submitted to EPA a letter making this
clarification on May 10, 2011.\4\
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    \4\ This letter is available for view in the docket for this
action.
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II. Response to Comments

    EPA received no comments on its April 19, 2011 proposed approval of
portions of Colorado's Interstate Transport SIP and of portions of
Colorado's August 1, 2007 submission addressing requirements of the
Phase 2 Rule. EPA did receive comments on the December 7, 2005 proposal
to approve Colorado's July 11, 2005 and October 25, 2005 submissions.
EPA does not consider any of these comments applicable to the portions
of the December 7, 2005 proposal we are finalizing with today's action.
However, to the extent that some comments could be understood to apply
to the portions we are approving with this action, EPA addresses these
particular comments below. These comments fell into three categories:
(1) Comments that argued that approval would violate the requirements
of section 110(l) of the Act; (2) comments that argued that approval
would violate the requirements of section 193 of the Act; and (3)
comments that generally (without a specific legal basis) opposed
approval.
    First, with regards to section 110(l), the only substantive change
to Colorado's PSD and NNSR programs in the submissions that EPA
approves today is the addition of the defined term ``regulated NSR
pollutant'' and the use of that term in place of the previous
regulatory phrase, ``air pollutant subject to regulation under the
Federal Act.'' As noted in the preamble to the NSR Reform rules, (67 FR
at 80239-40), the effect of introducing the term ``regulated NSR
pollutant'' was to exclude from the PSD program hazardous air
pollutants (HAPS) listed under section 112 of the Act, except for HAPS
that are a constituent or precursor of a more general pollutant
regulated under section 108 of the Act. EPA explained that this change
clarified which pollutants are covered under the PSD program and
responded to the addition of section 112(b)(6) in the 1990 Clean Air
Act Amendments.
    Section 110(l) provides in relevant part: ``The Administrator shall
not approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable further
progress * * *, or any other applicable requirement of [the Act].'' The
exclusion of HAPS from the PSD program to the extent described above
does not affect any applicable requirement concerning attainment and
reasonable further progress, as those requirements are specific to
criteria pollutants and their precursors. Furthermore, the exclusion
does not interfere with any other applicable requirement; in fact, it
implements the requirement of section 112(b)(6) of the Act. Finally,
this revision does not relax any applicable requirements, and is merely
a clarification of the applicability of the PSD program. Therefore,
approval of the specified portions of the October 25, 2005 submission
does not violate section 110(l).
    Similarly, approval of these portions does not violate section 193
of the Act. Section 193 prohibits modification after November 15, 1990
of any ``control requirement in effect, or required to be adopted by an
order, settlement agreement or plan in effect before November 15, 1990,
in any area which is a nonattainment area for any air pollutant * * *
unless the modification insures equivalent or greater emission
reductions of such air pollutant.'' As the introduction of the term
``regulated NSR pollutant'' leaves unchanged control requirements for
criteria pollutants, the portions of the July 11, 2005 and October 25,
2005 submissions approved in this action do not violate the prohibition
of section 193. Finally, in response to comments that generally
(without a specific legal basis) opposed EPA's proposed approval of the
July 11, 2005 and October 25, 2005 submissions, EPA notes that section
110(k)(3) requires us to approve SIP submissions that meet all of the
applicable requirements of the Act. Although we

acknowledge the opposition to our approval of the 2005 submissions, the
comments do not provide a basis for us to act otherwise.

III. Section 110(l)

    Section 110(l) of the CAA prohibits EPA from approving a SIP
revision if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. As explained in section II above, EPA's approval of specific
portions of the July 11, 2005 and October 25, 2005 submissions revising
Regulation No. 3 does not violate section 110(l). EPA's approval of the
Interstate Transport SIP also does not violate section 110(l), as the
Interstate Transport SIP does not revise or remove any existing
emissions limitation for any NAAQS, or any other existing substantive
SIP provision relevant to the 1997 8-hour ozone or PM2.5
NAAQS. Finally, the portions of the August 1, 2007 submission acted on
here, in treating NOX as a precursor to ozone, make the
Colorado SIP more stringent; EPA's approval of these portions therefore
does not violate section 110(l).

IV. Final Action

    EPA is approving portions of the Colorado Interstate Transport SIP
revisions submitted by the State on March 31, 2010. Specifically, in
this action EPA is approving the language and demonstration of the
March 31, 2010 submission that addresses three requirements of section
110(a)(2)(D)(i) with respect to the 1997 PM2.5 NAAQS: (1)
Prohibition of significant contribution to nonattainment of the NAAQS
in any other state, (2) prohibition of interference with maintenance of
the NAAQS by any other state, and (3) prohibition of interference with
other states' required measures to prevent significant deterioration of
air quality. EPA is also approving the language and demonstration that
addresses requirement (3) of section 110(a)(2)(D)(i)--prohibition of
interference with other states' required measures to prevent
significant deterioration of air quality--with respect to the 1997 8-
hour ozone NAAQS. The reasons for this action are detailed in our
notice proposing approval of the portions of the March 31, 2010
submission for these requirements (76 FR 21835). In brief, our analysis
of the weight of evidence indicated that emissions from Colorado do not
have the impacts prohibited by the requirements (1) and (2) with
respect to the 1997 PM2.5 NAAQS. In addition, we noted that
a clarification by Colorado of its interpretation of EPA's interim
guidance on use of PM10 as a surrogate for PM2.5
allowed us to propose approval of Colorado's Interstate Transport SIP
with regards to requirement (3) for the 1997 PM2.5 NAAQS.
Finally, we explained that concurrent approval of the portions of the
August 1, 2007 submittal (finalized below) implementing the Phase 2
Rule would allow us to approve the Interstate Transport SIP with
regards to requirement (3) for the 1997 ozone NAAQS.
    EPA is also approving certain revisions to Colorado's PSD and NNSR
programs in this action. These revisions were submitted by the State on
July 11, 2005 and October 25, 2005, and proposed for approval by EPA on
December 7, 2005 (70 FR 72744); in part, the revisions reorganize the
previously approved PSD and NNSR programs in Regulation 3 into Part D.
With the exception of the provisions submitted in 2007 that implement
the requirements of the Phase 2 Rule (listed in Table 2.) and that
supersede the 2005 submittals, we are approving the following
provisions from the 2005 submittals. We are generally approving the
text in Part D that is plain or (except as described below) underlined;
this language reflects the reorganization of the PSD and NNSR programs
into Part D. EPA is also approving portions of Regulation 3 Part D that
were added or revised by the State in response to EPA's December 31,
2002 NSR Reform rule and that were included in the July 11, 2005 and
October 25, 2005 submissions. These particular portions were also
proposed for approval in the December 7, 2005 NPR (70 FR 72744).
Specifically, these portions are: (1) The addition of the term
``regulated NSR pollutant'' in italicized text (including when used in
the phrase ``With respect to any regulated NSR pollutant emitted by any
major stationary source''); and (2) the addition of italicized text and
removal of underlined text that reflects the replacement of the term
``air pollutant subject to regulation under the Federal Act'' (or an
equivalent phrase) with ``regulated NSR pollutant.''

                                                                         Table 1
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                                                                                EPA is incorporating
Provision location in  Colorado's   Provision location                                 all or part of     Equivalent provision   Comment (if applicable,
  current SIP Reg 3 (NA = not in   in  Colorado's 4/16/    Provision description    revision or addition  in 40 CFR 51.165 and        see footnote)
      current Colorado SIP)         2004 Reg 3 revision                               into the SIP \5\        40 CFR 51.166
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A-I.B.1..........................  D-II.A.1............  Actual emissions           Yes.................  51.166(b)(21).......  Note the reference in
                                                          definition.                                     51.165(a)(1)(xii)...   this definition to
                                                                                ``I.B.1.a'' should be
                                                                                to ``II.A.1.a.'' and
                                                                                Colorado will correct
                                                                                this reference in a
                                                                                future revision of
                                                                                Regulation No. 3.
                                                                                See footnote 5.
A-I.B.7..........................  D-II.A.3............  Air Quality Related Value  Yes.................  NA..................  EPA is approving this
                                                          definition.                                                            definition.
                                                                                See footnote 2.
A-I.B.8..........................  A-I.B.7.............  Allowable Emissions        No..................  51.166(b)(16).......  See footnote 1.
                                                          definition.                                     51.165(a)(1)(xi)....
A-I.B.10.........................  D-II.A.5............  Baseline Area definition.  Yes.................  51.166(b)(15).......  EPA is approving this
                                                                                definition.
                                                                                See footnote 2.
A-I.B.11.........................  D-II.A.6............  Baseline Concentration     Yes.................  51.166(b)(13).......  EPA is approving this
                                                          definition.                                                            definition.
                                                                                See footnote 2.
A-I.B.12.........................  D-II.A.8............  Best Available Control     Yes.................  51.166(b)(12).......  EPA is approving this
                                                          Technology definition.                          51.165(a)(1)(xl)....   definition.
                                                                                See footnote 4.
A-I.B.15.........................  D-II.A.12...........  Complete definition (for   Yes.................  51.166(b)(22).......  EPA is approving this
                                                          PSD/NSR purposes).                                                     definition.
                                                                                The reference in
                                                                                II.A.12.a.(vii) of this
                                                                                definition to
                                                                                ``III.G.4. of Part B''
                                                                                is not in the current
                                                                                codified SIP.
                                                                                See footnote 2.

A-I.B.21.........................  D-II.A.16...........  Federal Land Manager       Yes.................  51.166(b)(24).......  EPA is approving this
                                                          definition.                                     51.165(a)(1)(xlii)..   definition.
                                                                                See footnote 2.
A-I.B.31.........................  D-II.A.19...........  Innovative Control         Yes.................  51.166(b)(19).......  EPA is approving this
                                                          Technology definition.                                                 definition.
                                                                                See footnote 2.
A-I.B.32.........................  D-II.A.21...........  Lowest Achievable          Yes.................  51.166(b)(52).......  EPA is approving the
                                                          Emission Rate definition.                       51.165(a)(1)(xiii)..   renumbering of this
                                                                                definition.
                                                                                See footnote 3.
A-I.B.33.........................  D-II.A.24...........  Major Source Baseline      Yes.................  51.166(b)(14)(i)....  EPA is approving this
                                                          Date definition.                                                       definition.
                                                                                See footnote 2.
A-I.B.34.........................  D-II.A.26...........  Minor Source Baseline      Yes.................  51.166(b)(14)(ii)...  EPA is approving this
                                                          Date definition.                                                       definition.
                                                                                See footnote 2.
A-I.B.35.b.......................  D-II.A.23. (except    Major Modification         Yes, except as noted  51.166(b)(2)........  EPA is approving the
                                    II.A.23.a,            definition.                below.               51.165(a)(1)(v).....   renumbering of all of
                                    d(iii),(viii),(x),                                                                           II.23 (except sections
                                    (xi), and (e)--see                                                                           D-II.A.23.d.(viii),
                                    below).                                                                                (x), and (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.
                                                                                See Footnote 5.
N/A..............................  D-II.A.23.d.(iii)...  Use of an alternative      No..................  51.166(b)(2)(iii)(d)  EPA is not taking action
                                                          fuel at a steam                                 51.165(a)(1)(v)(C)(4   on this section at this
                                                          generating unit.                                 )(iv).                time.
                                                         (part of Major                                                         See footnote 1.
                                                          Modification definition).
N/A..............................  D-II.A.23.d(viii)...  Addition replacement or    No..................  51.166(b)(2)(iii)(h)  EPA is not taking action
                                                          use of a PCP * * *.                             51.165(a)(1)(v)(C)(8   on this section at this
                                                         (part of Major                                    ).                    time.
                                                          Modification definition).                                             See footnote 1.
N/A..............................  D-II.A.23.d(x)......  The installation or        No, as noted........  51.166(b)(2)(j).....  EPA is not taking action
                                                          operation of a permanent                                               on this section at this
                                                          clean coal technology                                                  time.
                                                          demonstration project                                                 See footnotes 1 and 7.
                                                          that constitutes
                                                          repowering* * *.
                                                         (part of Major
                                                          Modification definition).
N/A..............................  D-II.A.23.d(xi).....  The reactivation of a      No, as noted........  51.166(b)(2)(k).....  EPA is not taking action
                                                          very clean coal fired                                                  on this section at this
                                                          electric utility steam                                                 time.
                                                          generating unit.                                                      See footnotes 1 and 7.
                                                         (part of Major
                                                          Modification definition).
N/A..............................  D-II.A.23.e.........  This definition shall not  No..................  51.166(b)(2)(iv)....  EPA is not taking action
                                                          apply * * * for a PAL.                          51.165(a)(1)(v)(D)..   on this section at this
                                                         (part of Major                                                          time.
                                                          Modification definition).                                             Note that the reference
                                                                                in this definition
                                                                                should be to II.A.31
                                                                                not II.A.2., and
                                                                                Colorado will correct
                                                                                this reference in a
                                                                                future revision of
                                                                                Regulation 3.
                                                                                See footnote 1.
A-I.B.36.........................  D-II.A.27. (except    Net Emissions Increase     Yes, except as noted  51.166(b)(3)........  Colorado has added
                                    II.A.27.c.(iv) and    definition.                below.               51.165(a)(1)(vi)....   additional language at
                                    II.A.27.g.(v)).                                                                              II.A.27.c.(iii), and
                                                                                II.A.27.g.(i)
                                                                                EPA is approving the
                                                                                renumbering of this
                                                                                provision and the
                                                                                addition of the phrase
                                                                                ``With respect to any
                                                                                regulated NSR pollutant
                                                                                emitted by a major
                                                                                stationary source,'' in
                                                                                II.A.27.a.
                                                                                Note that provision
                                                                                II.A.27.a.(i)
                                                                                references ``I.A.4.''
                                                                                However, there is no
                                                                                I.A.4.and this
                                                                                reference will be
                                                                                deleted by Colorado.
                                                                                See footnote 5.
N/A..............................  D-II.A.27.c.(iv)....  Net emissions increase at  No..................  51.166(b)(3)(iii)(c)  EPA is not taking action
                                                          a clean unit.                                   51.165(a)(1)(vi)(C)(   on this part of the
                                                         (part of Net Emissions                            3).                   definition at this
                                                          Increase definition).                                                  time.

N/A..............................  D-II.A.27.g.(v).....  Net emissions increase at  No..................  51.166(b)(3)(vi)(d).  EPA is not taking action
                                                          a clean unit and                                51.165(a)(1)(vi)(E)(   on this part of the
                                                          pollution control                                5).                   definition at this
                                                          project.                                                               time.
                                                         (part of Net Emissions
                                                          Increase definition).
A-I.B.44.........................  A-I.B.35............  Potential to Emit          No..................  51.166(b)(4)........  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(iii)...   on this definition.
                                                                                See footnote 1.
A-I.B.55.........................  D-II.A.43...........  Secondary Emissions        Yes.................  51.166.(b)(18)......  EPA is approving the
                                                          definition.                                     51.165(a)(1)(viii)..   renumbering of this
                                                                                definition.
                                                                                See footnote 3.
A-I.B.57.........................  D-II.A.44. (except    Significant definition...  Yes.................  51.166.(b)(23)......  EPA is approving this
                                    II.A.44.a).                                                           51.165(a)(1)(x).....   definition.
                                                                                See footnote 2.
A-I.B.58. Major Stationary Source  D-II.A.25...........  Major Stationary Source    Yes, except as noted  51.166(b)(1)(i).....  EPA is approving this
                                                          definition                 below.               51.165(a)(1)(iv)....   definition except for
                                                          (introductory).                                                        section D-II.A.25.b.
                                                                                See footnote 2.
A-I.B.58.a.......................  D-II.A.25.b.........  For the purpose of         No, as noted........  51.165(a)(1)(iv)(A)(  EPA is not taking
                                                          determining whether a                            1).                   action, at this time,
                                                          source in a                                                            on this part of the
                                                          nonattainment area is                                                  definition.
                                                          subject * * *.                                                        Provision A-I.B.58.a. in
                                                         (part of Major Stationary                                               the current codified
                                                          Source definition).                                                    SIP remains in effect
                                                                                as part of the
                                                                                definition of Major
                                                                                Stationary Source.
                                                                                See footnote 1.
A-I.B.58.b.......................  D-II.A.25.a.........  For the purpose of         Yes.................  51.166(b)(1)(i)(a)..  EPA is approving this
                                                          determining whether a                                                  definition.
                                                          source in an attainment                                               See footnote 2.
                                                          or unclassifiable area.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.c.......................  D-II.A.25.c.........  Major stationary source    Yes.................  51.166(b)(1)(i)(c)..  EPA is approving this
                                                          includes any physical                           51.165(a)(1)(iv)(A)(   definition.
                                                          change that would occur                          2).                  See footnote 2.
                                                          at a stationary source.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.d.......................  D-II.A.25.d.........  A major stationary source  No..................  51.166(b)(1)(ii)....  EPA is not approving
                                                          that is major for                               51.165(a)(1)(iv)(B).   this definition.
                                                          volatile organic                                                      See footnote 1.
                                                          compounds shall be
                                                          considered major * * *.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.f.......................  D-II.A.25.e.........  The fugitive emissions of  Yes.................  51.166(b)(1)(iii)...  EPA is approving this
                                                          a stationary source                             51.165(a)(1)(iv)(C).   definition.
                                                          shall not be included.                                                See footnote 2.
                                                         (part of Major Stationary
                                                          Source definition).
A-I.B.58.e.......................  D-II.A.25.f.........  Emissions caused by        Yes.................  NA..................  EPA is approving this
                                                          indirect air pollution                                                 definition.
                                                          sources.                                                              The reference in this
                                                         (part of Major Stationary                                               definition to ``I.B.22.
                                                          Source definition).                                                    of Part A'' is at is at
                                                                                A-I.B.58. in the
                                                                                current codified SIP.
                                                                                See footnote 2.
A-I.B.58.g.......................  D-II.A.25.g.........  A major stationary source  No..................  NA..................  EPA is not acting on
                                                          in the Denver Metro PM10                                               this definition in this
                                                          * * *.                                                                 action. This definition
                                                         (part of Major Stationary                                               was not included in
                                                          Source definition).                                                    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.
                                                                                See footnote 1.
N/A..............................  D-III...............  Permit Review Procedures.  Yes.................  NA..................  EPA is approving this
                                                                                section.
                                                                                See footnote 6.
N/A..............................  D-III.A.............  Major Stationary Sources   Yes.................  NA..................  EPA is approving this
                                                          must apply for CP or OP.                                               section.
                                                                                See footnote 6.
B-IV.B.5.........................  D-III.B.............  Process PSD applications   Yes.................  NA..................  EPA is approving this
                                                          w/in 12 months.                                                        section.
                                                                                See footnote 2.
N/A..............................  D-IV................  Public Comment             Yes.................  51.166(q)...........  EPA is approving this
                                                          Requirements.                                                          section.
                                                                                See footnote 6.
N/A..............................  D-IV.A..............  Public Notice............  Yes.................  51.166(q)...........  Copied from Part B,
                                                                                IV.C.4. of current
                                                                                codified SIP.
                                                                                EPA is approving this
                                                                                section.
                                                                                The reference in D-IV.A.
                                                                                to ``III.C.3. of Part
                                                                                B'' is at B-IV.C.3. in
                                                                                the current codified
                                                                                SIP.
                                                                                See footnote 6.

B-IV.C.4.--from ``For sources      D-IV.A.1............  Public notice of NSR and   Yes.................  51.166(q)(ii) and     EPA is approving this
 subject to the provisions of                             PSD permit applications.                         (iv).                 section.
 section IV.D.3.'' to ``The                                                                                See footnote 2.
 newspaper notice''.
B-IV.C.4.f.......................  D-IV.A.2............  Additionally, for permit   Yes.................  51.166(q)(iii)......  EPA is approving this
                                                          applications * * *                                                     section.
                                                          (request comment on).                                                 See footnote 2.
B-IV.C.5.........................  D-IV.A.3............  Within 15 days after       Yes.................  NA..................  EPA is approving this
                                                          prepare PA.                                                            section.
                                                                                See footnote 2.
B-IV.C.6.........................  D-IV.A.4............  Hearing request for        Yes.................  NA..................  EPA is approving this
                                                          innovative control.                                                    section.
                                                                                See footnote 2.
B-IV.C.7.........................  D-IV.A.5............  Hearing request            Yes.................  NA..................  EPA is approving this
                                                          transmitted to                                                         section.
                                                          commission.                                                           See footnote 2.
B-IV.C.8.........................  D-IV.A.6............  Commission shall hold      Yes.................  51.166(q)(v)........  EPA is approving this
                                                          public comment hearing.                                                section.
                                                                                See footnote 2.
B-IV.C.9.........................  D-IV.A.7............  15 days after division     Yes.................  51.166(q)(viii).....  EPA is approving this
                                                          makes final decision on                                                section.
                                                          application.                                                          See footnote 2.
B-IV.D.2.........................  D-V.................  Requirements Applicable    Yes.................  NA..................  EPA is approving this
                                                          to Non-attainment Areas                                                section.
                                                          (Introductory).                                                       See footnote 2.
B-IV.D.2.a.......................  D-V.A...............  Major Stationary Sources.  Yes.................  51.165, Appx.         EPA is approving this
                                                                                S.IV.A..              section.
                                                                                The reference in D-V.A.
                                                                                to ``III.D.1. of Part
                                                                                B'' is at B-IV.D.1. in
                                                                                the current codified
                                                                                SIP.
                                                                                See footnote 2.
B-IV.D.2.a.(i) through (iii).....  D-V.A.1. through 3..  Major Stationary Sources.  Yes.................  51.165, Appx.         EPA is approving this
                                                                                S.IV.A..              section.
                                                                                Conditions 1-4......  See footnote 2.
B-IV.D.2.a.(iii)(C) 2nd par......  D-V.A.3.d...........  With respect to offsets    Yes.................  51.165, Appx.         EPA is approving this
                                                          from outside                                     S.IV.D..              section.
                                                          nonattainment area.                                                   See footnote 2.
B-IV.D.2.a.(iv)..................  D-V.A.4.............  The permit application     Yes.................  51.165, Appx.         EPA is approving this
                                                          shall include an                                 S.IV.D..              section.
                                                          analysis of alternative                                               See footnote 2.
                                                          sites * * *.
B-IV.D.2.a.(v)...................  D-V.A.5.............  Offsets for which          Yes.................  51.165, Appx. S.V.A.  EPA is approving this
                                                          emission reduction                                                     section.
                                                          credit is taken * * *.                                                See footnote 2.
B-IV.D.2.a.(vi)..................  D-V.A.6.............  The applicant will         Yes.................  NA..................  EPA is approving this
                                                          demonstrate that                                                       section.
                                                          emissions from the                                                    See footnote 2.
                                                          proposed source will not
                                                          adversely impact
                                                          visibility * * *.
B-IV.D.2.b.......................  D-V.A.7.............  Applicability of Certain   Yes.................  NA..................  EPA is approving this
                                                          Nonattainment Area                                                     section.
                                                          Requirements.                                                         See footnote 2.
B-IV.D.2.b.(i)...................  D-V.A.7.a...........  Any major stationary       Yes.................  NA..................  EPA is approving this
                                                          source in a                                                            section.
                                                          nonattainment area * * *.                                             See footnote 2.
B-IV.D.2.b.(ii)..................  D-V.A.7.b...........  The requirements of        Yes.................  51.165(a)(5)(ii)....  EPA is approving this
                                                          section V.A. shall apply                                               section.
                                                          at such time that any                                                 See footnote 2.
                                                          stationary source * * *.
N/A..............................  D-V.A.7.c...........  The following provisions   No..................  51.165(a)(6)........  EPA is not taking action
                                                          apply to projects at                                                   on this provision at
                                                          existing emissions units                                               this time.
                                                          * * * (``Reasonable                                                   See footnote 1.
                                                          possibility'' provisions
                                                          in nonattainment areas).
                                                         (part of Applicability of
                                                          Certain Nonattainment
                                                          Area Requirements).
N/A..............................  D-V.A.7.d...........  Documents available for    No..................  51.165(a)(7)........  EPA is not taking action
                                                          review upon request.                                                   on this section at this
                                                         (part of Applicability of                                               time.
                                                          Certain Nonattainment                                                 See footnote 1.
                                                          Area Requirements).
B-IV.D.2.c. (and subsections)....  D-V.A.8.............  Exemptions from Certain    Yes.................  51.165, Appx.         EPA is approving this
                                                          Nonattainment Area                               S.IV.B...             section.
                                                          Requirements.                                                         See footnote 2.
B-IV.D.3.........................  D-VI................  Requirements Applicable    Yes.................  NA..................  EPA is approving this
                                                          to Attainment Areas.                                                   provision.
                                                         (Introductory)...........                                              See footnote 2.
                                                                                ........................
B-IV.D.3.a. (and subsections not   D-VI.A..............  Major Stationary Sources   Yes.................  51.166(j)...........  EPA is approving this
 listed below).                                           and Major Modifications.                                               provision.
                                                                                The reference in D-VI.A.
                                                                                to ``III.D.1. of Part
                                                                                B'' is at B-IV.D.1. in
                                                                                the current codified
                                                                                SIP.
                                                                                See footnote 2.
B-IV.D.3.a.(i)(C)................  D-VI.A.1.c..........  For phased construction *  Yes.................  51.166(j)(4)........  EPA is approving the
                                                          * *.                                                                   renumbering of this
                                                                                provision.
                                                                                See footnote 3.
B-IV.D.3.a.(iii)(D)..............  D-VI.A.3.d..........  In general, the            Yes.................  51.166(m)(1)(iv)....  EPA is approving this
                                                          continuous air                                                         provision.
                                                          monitoring data.                                                      See footnote 2.

B-IV.D.3.a.(iii)(D)..............  D-VI.A.4............  Post-construction          Yes.................  51.166(m)(2)........  EPA is approving this
                                                          monitoring.                                                            provision.
                                                                                Colorado has revised
                                                                                this provision to make
                                                                                post construction
                                                                                monitoring at the
                                                                                director's discretion
                                                                                as allowed by
                                                                                51.166(m)(2).
                                                                                See footnote 2.
B-IV.D.3.a(vi)...................  D-VI.A.6............  Additional Impact          Yes.................  ....................  EPA is approving the
                                                          Analysis.                                                              renumbering of this
                                                                                provision.
                                                                                See footnote 3.
B-IV.D.3.b.......................  D-VI.B..............  Applicability of Certain   Yes.................  NA..................  EPA is approving this
                                                          PSD Requirements.                                                      provision.
                                                                                See footnote 2.
B-IV.D.3.b.(i)...................  D-VI.B.1............  The requirements of        Yes.................  51.166(i)(1) and (2)  EPA is approving this
                                                          section VI.A. do not                                                   provision.
                                                          apply * * *.                                                          See footnote 2.
B-IV.D.3.b.(ii)..................  D-VI.B.2............  The requirements           Yes.................  51.166(i)(3) and (4)  EPA is approving this
                                                          contained in sections                                                  provision.
                                                          VI.A.2. through VI.A.4.                                               See footnote 2.
B-IV.D.3.b.(iii).................  D-VI.B.3. (including  The division may exempt a  Yes.................  51.166(i)(5)........  Colorado has reworded D-
                                    D-VI.B.3.b., c.,      proposed major                                                         VI.B.3. and deleted
                                    and d.).              stationary source or                                                   unnecessary language.
                                                          major modification from                                               EPA is approving this
                                                          the requirements of                                                    provision.
                                                          sections VI.A.3. through                                              See footnote 2.
                                                          VI.A.5. of this Part,
                                                          with respect to
                                                          monitoring for a
                                                          particular pollutant if
                                                          * * *.
B-IV.D.3.b.(iii)(A)(1)-(12)......  D-VI.B.3.a.(i)-(ix).  Deleted Mercury,           Yes.................  51.166(i)(5)(i).....  EPA is approving this
                                                          Beryllium, Vinyl                                                       provision.
                                                          chloride.                                                             The deletion is
                                                                                consistent with section
                                                                                112(b)(6) of the Act.
                                                                                See related discussion
                                                                                in section II, Response
                                                                                to Comments.
                                                                                See footnote 2.
B-IV.D.3.b.(iv)..................  D-VI.B.4............  The requirements of this   Yes.................  51.166(i)(6)........  EPA is approving this
                                                          Part D shall apply * * *.                                              provision.
                                                                                See footnote 2.
N/A..............................  D-VI.B.5............  The following provisions   No..................  51.166(r)(6)........  EPA is not taking action
                                                          apply to projects at                                                   on this provision at
                                                          existing emissions units                                               this time.
                                                          (``Reasonable                                                         See footnote 1.
                                                          possibility'' provisions
                                                          PSD).
                                                         (part of Applicability of
                                                          Certain PSD
                                                          Requirements).
N/A..............................  D-VI.B.6............  Documents available for    No..................  51.166(r)(7)........  EPA is not taking action
                                                          review upon request.                                                   on this section at this
                                                         (part of Applicability of                                               time.
                                                          Certain PSD                                                           See footnote 1.
                                                          Requirements).
B-IV.D.3.b.(v)...................  D-VI.B.7............  A stationary source or     Yes.................  51.166(i)(9)........  EPA is approving this
                                                          modification may apply.                                                provision.
                                                                                See footnote 2.
B-IV.D.3.c.......................  D-VI.C..............  Notice to EPA............  Yes.................  51.166(p)(1)........  EPA is approving this
                                                                                provision.
                                                                                See footnote 2.
B-IV.D.3.d.......................  D-VI.D..............  Major Stationary Sources   Yes.................  51.165(b)...........  EPA is approving this
                                                          in attainment areas                                                    section.
                                                          affecting nonattainment                                               The reference in D-VI.D.
                                                          area.                                                                  to ``III.D.1. of Part
                                                                                B'' is at B-IV.D.1. in
                                                                                the current codified
                                                                                SIP.
                                                                                See footnote 2.
B-IV.D.4.........................  D-VII...............  Negligibly Reactive VOCs.  Yes.................  51.100(s)...........  EPA is approving this
                                                                                provision.
                                                                                See footnote 2.
B-V..............................  D-VIII..............  Area Classifications.....  Yes, with the         51.166(e)...........  EPA is approving this
                                                                                exception of D-                             provision with the
                                                                                VIII.B.                                     exception of D-VIII.B.
                                                                                See footnote 2.
N/A..............................  D-VIII.B............  All other areas of         No..................  NA..................  EPA is not taking action
                                                          Colorado, (part of Area                                                on this section at this
                                                          Classifications).                                                      time.
                                                                                See footnote 1.
B-VI.............................  D-IX................  Redesignation............  Yes.................  51.166(e)...........  EPA is approving this
                                                                                provision.
                                                                                See footnote 2.
B-VII............................  D-X.................  Air Quality Limitations..  Yes, with the         51.166(c)...........  EPA is approving this
                                                                                exception of D-                             provision with the
                                                                                X.A.5.                                      exception of D-X.A.5.
                                                                                See footnote 2.
N/A..............................  D-X.A.5.............  Increment Consumption      No..................  NA..................  EPA is not taking action
                                                          Restriction.                                                           on this provision at
                                                         (part of Air Quality                                                    this time.
                                                          Limitations).                                                         See footnote 1.
B-VIII...........................  D-XI................  Exclusions from Increment  Yes.................  51.166(f)...........  EPA is approving this
                                                          Consumption.                                                           provision.
                                                                                See footnote 2.
B-IX.............................  D-XII...............  Innovative Control         Yes.................  51.166(s)...........  EPA is approving this
                                                          Technology.                                                            provision.
                                                                                See footnote 2.
B-X..............................  D-XIII..............  Federal Class I Areas....  Yes.................  51.166(p)...........  EPA is approving this
                                                                                section.
                                                                                The reference in D-
                                                                                XIII.C. to ``III.B. of
                                                                                Part B'' is at B-IV.B.
                                                                                in the current codified
                                                                                SIP.
                                                                                See footnote 2.

B-XI.............................  D-XIV...............  Visibility...............  No..................  NA..................  EPA is not taking action
                                                                                on this section at this
                                                                                time.
                                                                                See footnote 1.
N/A..............................  A-I.B.13............  CEMS definition..........  No..................  51.166(b)(43).......  EPA is not taking action
                                                                                51.165(a)(1)(xxxiv).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  A-I.B.14............  CERMS definition.........  No..................  51.166(b)(46).......  EPA is not taking action
                                                                                51.165(a)(1)(xxxiv).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  A-I.B.15............  CPMS definition..........  No..................  51.166(b)(45).......  EPA is not taking action
                                                                                51.165(a)(1)(xxxiii)   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  A-I.B.33............  Pollution Prevention       No..................  51.166(b)(38).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxvi)..   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  A-I.B.36............  PEMS definition..........  No..................  51.166(b)(44).......  EPA is not taking action
                                                                                51.165(a)(1)(xxxii).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-I.A.-I.A.1........  General Applicability....  Yes.................  51.165(a)(2)(iii)(A)  EPA is approving the
                                                         (Introductory)...........                         and (B).              language in section
                                                                                I.A.1 only.
                                                                                See footnote 6.
N/A..............................  D-I.A.2.-I-A.3......  General Applicability....  No..................  51.166(a)(7)          EPA is not taking action
                                                         (Continued)..............                         (iv)(a)and (b).       on these sections at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-I.B...............  Applicability Tests......  No..................  51.166(a)(7)(iv)(c),  EPA is not taking action
                                                                                (d), and (f).         on this section at this
                                                                                51.165(a)(2)(ii)(C),   time.
                                                                                (D), and (F).        The reference in D-
                                                                                I.B.5. to ``I.B.26. of
                                                                                Part A'' is at A-
                                                                                I.B.35.c. in the
                                                                                current codified SIP.
                                                                                See footnote 1.
N/A..............................  D-I.B.3.............  Emission tests at clean    No..................  51.166 (a)(7)(iv)(e)  EPA is not taking action
                                                          units.                                          51.165(a)(2)(ii)(E).   on this provision at
                                                         (part of Applicability                                                  this time.
                                                          Tests).                                                               See footnote 1.
N/A..............................  D-I.B.4. second       For example, for a         No..................  51.166(a)(7)(iv)(f)   EPA is not taking action
                                    sentence.             project involves both an                         second sentence.      on this part of
                                                          existing unit and a                             51.165(a)(2)(ii)(F)    provision D-I.B.4. at
                                                          clean unit * * *.                                second sentence.      this time.
                                                         (part of Applicability                                                 See footnote 1.
                                                          Tests).
N/A..............................  D-I.C...............  For any major stationary   No..................  51.166 (a)(7)(v)....  EPA is not taking action
                                                          source requesting, or                           51.165(a)(2)(iii)...   on this section at this
                                                          operating under, a                                                     time.
                                                          Plantwide Applicability                                               See footnote 1,
                                                          Limitation * * *.
N/A..............................  D-I.D...............  An owner or operator       No..................  51.166 (a)(7)(vi)...  EPA is not taking action
                                                          undertaking a Pollution                         51.165(a)(2)(iv)....   on this provision at
                                                          Control Project * * *.                                                 this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.2............  Actuals PAL Definition...  No..................  51.166(w)(2)(i).....  EPA is not taking action
                                                                                51.165(f)(2)(i).....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.4............  Baseline Actual Emissions  No..................  51.166(b)(47).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxxv)..   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.7............  Begin Actual Construction  No..................  51.166(b)(11).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xv)....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.9............  Clean Coal Technology      No..................  51.166(b)(33).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxiii).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.10...........  Clean Coal Technology      No..................  51.166(b)(34).......  EPA is not taking action
                                                          Demonstration Project                           51.165(a)(1)(xxiv)..   on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.11...........  Clean Unit definition....  No..................  51.166(b)(41).......  EPA is not taking action
                                                                                51.165(a)(1)(xxix)..   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.13...........  Construction definition..  No..................  51.166(b)(8)........  EPA is not taking action
                                                                                51.165(a)(1)(xxviii)   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.14...........  Emissions Unit definition  No..................  51.166(b)(7)........  EPA is not taking action
                                                          (for PSD/NSR purposes).                         51.165(a)(1)(vii)...   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.15...........  Electric Utility Steam     No..................  51.166(b)(30).......  EPA is not taking action
                                                          Generating Unit                                 51.165(a)(1)(xx)....   on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.17...........  High Terrain definition..  No..................  51.166(b)(25).......  EPA is not taking action
                                                                                on this definition at
                                                                                this time.
                                                                                See footnote 1.

N/A..............................  D-II.A.18...........  Hydrocarbon Combustion     No..................  51.166(b)(31)(iv)...  EPA is not taking action
                                                          Flare definition.                               51.165(a)(1)(xv)(D).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.20...........  Low Terrain definition...  No..................  51.166(b)(26).......  EPA is not taking action
                                                                                on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.22...........  Major Emissions Unit       No..................  51.166(w)(2)(iv)....  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(iv)....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.28...........  Nonattainment New Source   No..................  51.165(a)(1)(xxx)...  EPA is not taking action
                                                          Review definition.                                                     on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.29...........  PAL Effective Date         No..................  51.166(w)(2)(vi)....  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(vi)....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.30...........  PAL Effective Period       No..................  51.166(w)(2)(vii)...  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(vii)...   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.31...........  PAL Major Modification     No..................  51.166(w)(2)(viii)..  EPA is not taking action
                                                          definition.                                     51.165(f)(2)(viii)..   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.32...........  PAL Permit definition....  No..................  51.166(w)(2)(ix)....  EPA is not taking action
                                                                                51.165(f)(2)(ix)....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.33...........  PAL Pollutant definition.  No..................  51.166(w)(2)(x).....  EPA is not taking action
                                                                                51.165(f)(2)(x).....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.34...........  Plantwide Applicability    No..................  51.166(w)(2)(v).....  EPA is not taking action
                                                          Limitation (PAL)                                51.165(f)(2)(v).....   on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
NA...............................  D-II.A.35...........  Pollution Control Project  No..................  51.166(b)(31).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxv)...   on this definition at
                                                                                this time.
N/A..............................  D-II.A.36...........  Prevention of Significant  No..................  51.166(b)(42).......  EPA is not taking action
                                                          Deterioration Permit                            51.165(a)(1)(xli)...   on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.37...........  Project definition.......  No..................  51.166(b)(51).......  EPA is not taking action
                                                                                51.165(a)(1)(xxxix).   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.38...........  Projected Actual           No..................  51.166(b)(40).......  EPA is not taking action
                                                          Emissions definition.                           51.165(a)(1)(xxviii)   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.39...........  Reactivation of Very       No..................  51.166(b)(37).......  EPA is not taking action
                                                          Clean Coal-Fired EUSGU                                                 on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.40. (except    Regulated NSR Pollutant    Yes.................  51.166(b)(49).......  EPA is approving this
                                    II.A.40.c).           definition.                                     51.165(a)(1)(xxxvii)   definition.
                                                                                See footnote 6.
N/A..............................  D-II.A.41...........  Replacement Unit           No..................  51.166(b)(32).......  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(xxi)...   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.42...........  Repowering definition....  No..................  51.166(b)(36).......  EPA is not taking action
                                                                                on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.45...........  Significant Emissions      Yes.................  51.166(b)(39).......  EPA is approving this
                                                          Increase definition.                            51.165(a)(1)(xxvii).   definition.
                                                                                See footnote 6.
N/A..............................  D-II.A.46...........  Significant Emissions      No..................  51.166(w)(2)(xi)....  EPA is not taking action
                                                          Unit definition.                                51.165(f)(2)(xi)....   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.47...........  Small Emissions Unit       No..................  51.166(w)(2)(iii)...  EPA is not taking action
                                                          definition.                                     51.165(a)(1)(iii)...   on this definition at
                                                                                this time.
                                                                                See footnote 1.
N/A..............................  D-II.A.48...........  Temporary Clean Coal       No..................  51.166(b)(35).......  EPA is not taking action
                                                          Demonstration Project                           51.165(a)(1)(xxii)..   on this definition at
                                                          definition.                                                            this time.
                                                                                See footnote 1.
N/A..............................  D-XV................  Clean Units..............  No..................  51.166(t) and (u)...  EPA is not taking action
                                                                                51.165(c) and (d)...   on this section at this
                                                                                time.
                                                                                See footnote 1.
N/A..............................  D-XVI...............  Pollution Control          No..................  51.166(v)...........  EPA is not taking action
                                                          Projects.                                       51.165(e)...........   on this section at this
                                                                                time.
                                                                                See footnote 1.
                                                                                EPA is not taking action
                                                                                on this section at this
                                                                                time.
                                                                                The references in
                                                                                XVII.N.1.g and
                                                                                XVII.N.2.d. of this
                                                                                section to ``I.B.38. of
                                                                                Part A'' are at A-
                                                                                I.B.53. in the current
                                                                                codified SIP.

                                                                                Colorado has revised D-
                                                                                XVII.I.2. (application
                                                                                deadline) to 12 months
                                                                                prior to expiration
                                                                                instead of 6 months.
                                                                                Colorado has revised
                                                                                XVII.N.1. (Semi-Annual
                                                                                Report) to require
                                                                                submission of QA/QC
                                                                                data as requested, not
                                                                                as part of the semi
                                                                                annual report specified
                                                                                in 51.166(w)(14)(i)(c).
N/A..............................  D-XVII..............  Plantwide Applicability    No..................  51.166(w)...........  See footnote 1.
                                                          Limitations.                                    51.165(f)...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Footnote 1: We are not taking action on this provision with this rulemaking. Approval of the change to or addition of the provision is not a necessary
  prerequisite for our action on the August 1, 2007 submittal, or the provision was not proposed for approval in our December 7, 2005 notice. We will
  take final action on this provision in a subsequent action.
Footnote 2: We are approving this change of an existing Regulation No. 3 provision because the provision has only been renumbered, contains
  nonsubstantive changes to the provision that do not effect the meaning of the rule and/or has been modified to move a definition that has already been
  approved into the SIP to a specific rule section in which the definition applies. This renumbered provision and all subsections within this provision
  (unless otherwise noted) supersede and replace the prior numbered rule and subsections in Colorado's federally approved SIP.
Footnote 3: We are approving the renumbering of this existing provision. We are not taking action on the language in the provision that has been
  modified in the 2005 submissions. All language that has been added to the existing provision is italicized in the submission, and all language that
  has been deleted from the existing provision is underlined in the submission. We will address these additions and removals in subsequent actions.
Footnote 4: We are approving both the renumbering of the existing provision and the language in the provision that has been modified.
Footnote 5: We are approving the renumbering of the existing provision, and the modification of the provision to the extent that the term ``regulated
  NSR pollutant'' replaces the phrase ``air pollutant regulated under the Federal Act'' (or equivalent phrase), but not any other modification of the
  provision.
Footnote 6: We are approving the new provision.
Footnote 7: Colorado has marked this part of the definition of Major Modification as underlined, meaning that the State intends it will only be
  effective until EPA approves the NSR Reform revisions for incorporation into the SIP. Colorado has since clarified that they intended that this
  provision remain as part of the definition of Major Modification as it applies to PSD sources located in attainment areas only, consistent with 40 CFR
  51.166(b)(2)(j). If Colorado revises Regulation No. 3 to indicate this clarification prior to EPA taking final action, EPA proposes to approve this
  addition to the definition of Major Modification into the SIP.

    EPA is also approving portions of the Regulation No. 3 revisions
submitted to EPA by the State on August 1, 2007 that update the State's
PSD program to treat nitrogen oxides as an ozone precursor in
accordance with the Phase 2 implementation rule for the 1997 8-hour
ozone NAAQS (70 FR 71612, November 29, 2005). Other portions of the
revisions submitted August 1, 2007 will be acted upon separately. The
portions of the August 1, 2007 submission we are approving with this
action are set out in the table below. As discussed above, this
approval allows us to also finalize our concurrently proposed approval
of the Colorado Interstate Transport SIP with respect to requirement
(3) of section 110(a)(2)(D)(i) for the 1997 ozone NAAQS.
---------------------------------------------------------------------------

    \5\ When footnote 3 appears in the ``comment'' column for a
provision which EPA is approving, we are only incorporating the
language in that provision that was previously approved into the SIP
and subsequently renumbered for the July 11, 2005 and October 25,
2005 submissions. The modified language for any such provision,
which is italicized for additions and underlined for removals in the
submissions, is not being addressed in this action and will be
addressed in a future action. Similarly, when footnote 5 appears, we
are only incorporating the language in that provision that was
previously approved into the SIP and subsequently renumbered for the
July 11, 2005 and October 25, 2005 submissions, and the modification
to the extent that the term ``regulated NSR pollutant'' replaces the
phrase ``air pollutant regulated under the Federal Act'' (or
equivalent phrase), and not any other modified language.

                                                     Table 2
----------------------------------------------------------------------------------------------------------------
                                                         Description of
                                                       provision--language
     Provision location in       Provision location  adopted for the 8/1/07
    Colorado's 8/1/07 Reg 3      in Colorado's 7/11/  submission to conform   Corresponding provision in 40 CFR
           submission              05 and 10/25/05    to the Phase II Ozone                 51.166
                                     submission      implementation rule is
                                                           italicized.
----------------------------------------------------------------------------------------------------------------
D-II.A.22.a....................  D-II.A.23.a.......  Significant emissions   51.166(b)(2)(ii)
                                                      increase or net
                                                      emissions increase
                                                      (at a major source)
                                                      that is significant
                                                      for VOCs or NOX is
                                                      significant for ozone.
D-II.A.24.d....................  D-II.A.25.d.......  Major source that is    51.166(b)(1)(ii)
                                                      major for VOCs or NOX
                                                      is considered major
                                                      for ozone.
D-II.A.38.c....................  D-II.A.40.c.......  (E.G. volatile organic  51.166(b)(49)(i)
                                                      compounds and oxides
                                                      of nitrogen are
                                                      precursors for ozone).
D-II.A.42.a....................  D-II.A.44.a.......  Ozone: 40 tons per      51.166(b)(23)(i)
                                                      year of volatile
                                                      organic compounds or
                                                      NOX.
----------------------------------------------------------------------------------------------------------------

    The discrepancy in the numbering of the provisions is the result of
removal of provisions in other SIP revisions submitted between the 2005
and 2007 submissions. In this action, EPA is treating the 2007
submission as revising the provisions as numbered in the 2005
submission. When EPA acts on the intervening submissions that changed
the numbering, the discrepancy will be resolved.

V. Statutory and Executive Order Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable

Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
this action merely approves state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 9, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
Organic Compounds.

    Dated: May 31, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.

    Note: This document was received at the Office of the Federal
Register on January 3, 2012.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G-Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(120) to read as
follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (120) The State of Colorado submitted revisions on October 25, 2005