The EPA published two proposed rules in the Wednesday, April 13th Federal Register regarding ozone nonattainment reclassifications in Colorado.
The proposed rules are:
- Determinations of Attainment by the Attainment Date, Extension of Attainment Date, and Reclassification of Areas Classified as Serious for the 2008 Ozone NAAQS 2022-07509.pdf (govinfo.gov), and
- Determinations of Attainment by the Attainment Date, Extension of Attainment Date, and Reclassification of Areas Classified as Marginal for the 2015 Ozone NAAQS 2022-07513.pdf (govinfo.gov)
2008 Ozone NAAQS
The Denver-Boulder-Greeley-Ft. Collins-Loveland Colorado ozone nonattainment area has failed to attain the 2008 standard and is proposed to be reclassified as “severe” ozone nonattainment:
Here are a few important items to consider:
- The definition of a “major source” is reduced from 50 tons/year of VOC and/or NOx to 25 tons/year of VOC and/or NOx. Also, if nonattainment review were to be triggered, the offset requirement goes from 1.2:1 up to 1.3:1.
- Title V – following reclassification, sources that become a “major source” will be required to submit a Title V Permit application to their respective state agency (typically, 1 [one] year following the effective date of a final rule that reclassifies their source, or sooner if there is a modification which triggers Title V requirements before that point in time).
2015 Ozone NAAQS
The Denver Metro/North Front Range Colorado ozone nonattainment area has failed to attain the 2015 standard and is proposed to be reclassified as “moderate” ozone nonattainment:
The important take away from this proposed rule is if nonattainment review were to be triggered, the offset requirement increases from 1.1:1 up to 1.15:1.
Dates:
If someone is interested in submitting comments to the EPA regarding these rules, the comment deadline is June 13, 2022. There will also be a virtual public hearing regarding these proposed rules on May 9, 2022.
For more information, feel free to contact our subject matter experts, and we’ll be glad to assist you!