Air Plan Approval and Disapproval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 76676-76679 [2023-24230]

Download as PDF 76676 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations Energy Effects This final rule has been reviewed under Executive Order 13211 of May 18, 2001, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. It has been determined that this rule does not constitute a significant energy action as defined in the Executive order. Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538), which the President signed into law on March 22, 1995, the Department has assessed the effects of this final rule on State, local, and Tribal Governments and the private sector. This rule will not compel the expenditure of $100 million or more by any State, local, or Tribal Government or anyone in the private sector. Therefore, a statement under section 202 of the act is not required. Controlling Paperwork Burdens on the Public This final rule does not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing regulations at 5 CFR part 1320 do not apply. List of Subjects in 36 CFR Part 261 Law enforcement, National forests, Prohibitions. Therefore, for the reasons set out in the preamble, part 261 of title 36 of the Code of Federal Regulations is amended as follows: PART 261–PROHIBITIONS Andrea Delgado Fink, Chief of Staff, Natural Resources and Environment. [FR Doc. 2023–24569 Filed 11–6–23; 8:45 am] 1. The authority citation for part 261 continues to read as follows: ■ BILLING CODE 3411–15–P Authority: 7 U.S.C. 1011(f); 16 U.S.C. 460l–6d, 472, 551, 620(f), 1133(c)–(d)(1), 1246(i). ENVIRONMENTAL PROTECTION AGENCY Subpart C–Prohibitions in Regions 40 CFR Part 52 ■ [EPA–R08–OAR–2023–0272; FRL–11237– 02–R8] 2. Revise § 261.77 to read as follows: § 261.77 Prohibitions in Region 8, Southern Region. khammond on DSKJM1Z7X2PROD with RULES in the Nantahala National Forest in North Carolina, the Sumter National Forest in South Carolina, and the Chattahoochee National Forest in Georgia.) (b) Using or occupying within the scope of any commercial operation or business any area of National Forest System land abutting the Chattooga River for the purpose of entering or going upon the River in, on, or upon any floatable object or craft of every kind or description, unless authorized under a special use permit. (c) Violating or failing to comply with any of the terms or conditions of any self-registration floating permit or special use permit authorizing the occupancy and use specified in paragraph (a) or (b) of this section is prohibited. (d) Entering, going, riding, or floating upon any portion or segment of the Chattooga River within National Forest System land in, on, or upon any floatable object or craft of every kind or description, unless authorized through a self-registration floating permit or through a special use permit. (e) Entering, going, riding, or floating within the scope of any commercial operation or business upon any portion or segment of the Chattooga River within National Forest System land in, on, or upon any floatable object or craft of every kind or description, unless authorized under a special use permit. (f) Violating or failing to comply with any of the terms or conditions of any self-registration floating permit or special use permit authorizing the occupancy and use specified in paragraph (d) or (e) of this section is prohibited. (a) Using or occupying any area of National Forest System land abutting the Chattooga River for the purpose of entering or going upon the River in, on, or upon any floatable object or craft of every kind or description, unless authorized through a self-registration floating permit or through a special use permit. (The Chattooga River is located VerDate Sep<11>2014 15:47 Nov 06, 2023 Jkt 262001 Air Plan Approval and Disapproval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 The Environmental Protection Agency (EPA) is approving portions and disapproving portions of a state implementation plan (SIP) revision submitted by the State of Colorado to meet Clean Air Act (CAA) requirements for the 2008 8-hour ozone national ambient air quality standards (NAAQS) in the Denver Metro/North Front Range nonattainment area (DMNFR Area). Specifically, the EPA is approving the submitted enhanced monitoring SIP element as meeting applicable Serious area requirements for the 2008 8-hour ozone NAAQS, and is disapproving the contingency measure element of the SIP submittal. The EPA is taking this action pursuant to the CAA. DATES: This rule is effective December 7, 2023. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R08–OAR–2023–0272. All documents in the dockets are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation Division, EPA, Region 8, Mailcode 8ARD–IO, 1595 Wynkoop Street, Denver, Colorado, 80202–1129, telephone number: (303) 312–6563, email address: fulton.abby@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ means the EPA. SUMMARY: I. Background The background and rationale for this action are discussed in detail in our August 14, 2023 proposed rule and our Response to Comments document for this action.1 In the proposed rule, we proposed to approve the enhanced monitoring element and to disapprove the contingency measures element of the March 22, 2021 8-hour ozone attainment plan SIP submission from the State of Colorado for the DMNFR 1 Proposed rule, Air Plan Approval and Disapproval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 88 FR 54975; the response to comments document is in the docket. E:\FR\FM\07NOR1.SGM 07NOR1 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations Area. Additionally, we proposed to disapprove certain provisions submitted by the State to meet reasonably available control technology (RACT) requirements in SIP submissions from March 22, 2021 and May 20, 2022. Specifically, we proposed disapproval of the categorical RACT rules for refinery fueled process heaters as well as landfill or biogas fired reciprocating internal combustion engines and the State’s RACT determination for the Golden Aluminum facility. This action does not take final action on the RACT portion of the proposal. EPA will take final action on the RACT portion of the August 14, 2023 proposal via a separate action. khammond on DSKJM1Z7X2PROD with RULES II. Comments We received comments on the August 14, 2023 proposal from several commenters: the Center for Biological Diversity, the Air Pollution Control Division of the Colorado Department of Public Health and Environment, William Weese Pepple & Ferguson on behalf of Suncor Energy Inc., and one citizen. All comments received are in the docket for this action. The comments included views concerning the timing, process, and approach for EPA to act on Colorado’s SIP submittals; supportive and adverse comments related to our proposed action on the contingency measures element; and adverse comments related to our proposed action on certain RACT elements. A summary of the comments that are relevant to this final action and the EPA’s responses are provided in the Response to Comments document, which is in the docket for this action. Comments related to RACT will be addressed in a separate action. III. Final Action The EPA is approving the enhanced monitoring portion of Colorado’s ozone attainment plan submitted on March 22, 2021 because we find that it satisfies the requirements under CAA section 182(c)(1) for the DMNFR Area with respect to the 2008 ozone NAAQS. We are disapproving the contingency measures portion of Colorado’s ozone attainment plan submitted on March 22, 2021 because we find that it does not satisfy the requirements under CAA sections 172(c)(9) or 182(c)(9) for the DMNFR Area with respect to the 2008 ozone NAAQS. We will be finalizing action on the RACT requirements in SIP submissions from March 22, 2021 and May 20, 2022 in a separate action. EPA has previously acted on all other parts of these submittals.2 2 Final rule, Air Plan Approval, Conditional Approval, Limited Approval and Limited VerDate Sep<11>2014 15:47 Nov 06, 2023 Jkt 262001 Section 110(c)(1) of the CAA requires the Administrator to promulgate a Federal implementation plan (FIP) at any time within two years after the Administrator finds that a state has failed to make a required SIP submission, finds a SIP submission to be incomplete, or disapproves a SIP submission, unless the state corrects the deficiency, and the Administrator approves the SIP revision, before the Administrator promulgates a FIP. Therefore, EPA will be obligated under CAA section 110(c)(1) to promulgate a FIP within two years after the effective date of this disapproval, unless the state submits, and the EPA approves, SIP revisions to correct the identified deficiencies before EPA promulgates the FIP. In addition, this final disapproval will trigger mandatory sanctions in accordance with the timelines and provisions of CAA section 179 and 40 CFR 52.31 unless the state submits, and EPA approves, SIP revisions that correct the identified deficiencies within 18 months of the effective date of the final disapproval action. IV. Environmental Justice Considerations The EPA reviewed demographic data, which provides an assessment of individual demographic groups of populations living within the DMNFR Area. The EPA then compared the data to the national averages for each of the demographic groups. The results of this analysis are being provided for informational and transparency purposes. The results of the demographic analysis indicate that for populations within the DMNFR Area, there are census block groups with the percent of people of color (persons who reported their race as a category other than White alone and/or Hispanic or Latino) is greater than the national average (39%) and above the 80th percentile.3 There are also census block groups within the DMNFR Area that are below the national average (33%) poverty level and above the 80th percentile.4 This final SIP action identifies deficiencies in the contingency measure element of the March 22, 2021 SIP submittal for the DMNFR Area under the 2008 8-hour ozone NAAQS. The EPA’s disapproval of these contingency Disapproval; Colorado; Serious Attainment Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 88 FR 29827 (May 9, 2023). 3 See ‘‘EJSCREEN Maps’’ pdf, available within the docket. 4 Id. PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 76677 measures, if finalized, would require that Colorado submit plans for the DMNFR Area containing contingency measures consistent with the requirements of the CAA as explained in Sierra Club v. EPA, 985 F.3d 1055 (D.C. Cir. 2021). Such measures would help to improve air quality in the entire affected nonattainment area through ongoing reductions of ozone precursor emissions should the measures be triggered. The CAA requires this action, and the EPA recognizes the adverse impacts of ozone. Information on ozone and its relationship to negative health impacts can be found in the National Ambient Air Quality Standards for Ozone.5 We expect that this action and resulting emission reductions will generally be neutral or contribute to reduced environmental and health impacts on all populations in the DMNFR Area, including people of color and low income populations. At a minimum, this action would not worsen any existing air quality and is expected to ensure the area is meeting requirements to attain and/or maintain air quality standards. Further, there is no information in the record indicating that this action is expected to have disproportionately high or adverse human health or environmental effects on a particular group of people. V. Statutory and Executive Order Reviews Under the CAA, 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, the EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • 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.); 5 Final E:\FR\FM\07NOR1.SGM rule, 73 FR 16436 (March 12, 2008). 07NOR1 76678 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations • Does not contain any unfunded mandate or significantly or uniquely affect small governments, 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 CAA; and In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address ‘‘disproportionately high and adverse human health or environmental effects’’ of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. EPA defines environmental justice (EJ) as ‘‘the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.’’ EPA further defines the term fair treatment to mean State effective date Title * that ‘‘no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.’’ The Colorado Air Quality Control Division did not evaluate environmental justice considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. EPA performed an environmental justice analysis, as is described above in the section titled, ‘‘Environmental Justice Considerations.’’ The analysis was done for the purpose of providing additional context and information about this rulemaking to the public, not as a basis of the action. Due to the nature of the action being taken here, this action is expected to have a neutral to positive impact on the air quality of the affected area. In addition, there is no information in the record upon which this decision is based inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples. 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). * EPA effective date * Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by January 8, 2024. Filing a petition for reconsideration by the Administrator of this final rule will not affect the finality of this action for the purposes of judicial review, nor will it extend the time within which a petition for judicial review may be filed or postpone the effectiveness of this rule. 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, Carbon monoxide, Greenhouse gases, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 26, 2023. KC Becker, Regional Administrator, Region 8. For the reasons set forth in the preamble, 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart G—Colorado 2. In § 52.320, the table in paragraph (e) is amended by revising the entry ‘‘2008 Ozone Serious Area Attainment Plan’’ to read as follows: ■ § 52.320 * Identification of plan. * * (e) * * * * Final rule citation/date * * Comments * * * * * khammond on DSKJM1Z7X2PROD with RULES Maintenance and Attainment Plan Elements * * * * * Denver Metropolitan Area VerDate Sep<11>2014 15:47 Nov 06, 2023 Jkt 262001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1 76679 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations State effective date Title * * * 2008 Ozone Serious Area Attainment Plan. * * DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 [Docket No. FWS–R8–ES–2022–0066; FF09E22000 FXES1113090FEDR 223] RIN 1018–BF51 Endangered and Threatened Wildlife and Plants; Removing Island Bedstraw and Santa Cruz Island Dudleya From the List of Endangered and Threatened Plants Fish and Wildlife Service, Interior. ACTION: Final rule; final post-delisting monitoring plans. AGENCY: We, the U.S. Fish and Wildlife Service (Service), are removing the plants island bedstraw (Galium buxifolium) and Santa Cruz Island dudleya (Dudleya nesiotica) from the Federal List of Endangered and Threatened Plants on the basis of recovery. Both of these native plant species occur in the Channel Islands National Park off the coast of California. This final rule is based on our review of the best available scientific and commercial data, which indicates that the threats to island bedstraw and Santa Cruz Island dudleya have been eliminated or reduced to the point that these species have recovered and no longer meet the definition of an endangered or threatened species under the Endangered Species Act of 1973, as amended (Act). DATES: This rule is effective December 7, 2023. ADDRESSES: This final rule is available on the internet at https:// www.regulations.gov at Docket No. FWS–R8–ES–2022–0066. Availability of supporting materials: This final rule and supporting documents, including the 5-year reviews, the Recovery Plan, postdelisting monitoring plans, and the khammond on DSKJM1Z7X2PROD with RULES SUMMARY: 15:47 Nov 06, 2023 12/7/2023 * BILLING CODE 6560–50–P Jkt 262001 Final rule citation/date * 2/14/2020 [FR Doc. 2023–24230 Filed 11–6–23; 8:45 am] VerDate Sep<11>2014 EPA effective date * * Fmt 4700 Sfmt 4700 * Disapproval of contingency measures. RACM and attainment demonstration withdrawn. * Executive Summary Why we need to publish a rule. Under the Act, a species warrants delisting if it no longer meets the definition of an endangered (in danger of extinction throughout all or a significant portion of its range) or threatened species (likely to become endangered within the foreseeable future throughout all or a significant portion of its range). Island bedstraw is listed as endangered, and Santa Cruz Island dudleya is listed as threatened, and we are delisting both species. We have determined that island bedstraw and Santa Cruz Island dudleya do not meet the Act’s definition of an endangered or threatened species. Delisting a species can be completed only by issuing a rule through the Administrative Procedure Act Frm 00055 * [insert Federal Register citation], 11/7/2023. species status assessment (SSA) reports for island bedstraw and Santa Cruz Island dudleya, are available at https:// ecos.fws.gov, and at https:// www.regulations.gov under Docket No. FWS–R8–ES–2022–0066 (also see FOR FURTHER INFORMATION CONTACT). In addition, the supporting files for this final rule will be available for public inspection by appointment, during normal business hours, at: U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road #B, Ventura, CA, 93003; telephone 805– 644–1766. FOR FURTHER INFORMATION CONTACT: Stephen P. Henry, Field Supervisor, U.S. Fish and Wildlife Service, Ventura Fish and Wildlife Office, 2493 Portola Road, Suite B, Ventura, CA 93003; telephone 805–644–1766. Direct all questions or requests for additional information to: Island bedstraw and/or Santa Cruz Island dudleya Questions, to the address above. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: PO 00000 Comments * * rulemaking process (5 U.S.C. 551 et seq.). What this document does. This rule removes island bedstraw and Santa Cruz Island dudleya from the Federal List of Endangered and Threatened Plants in title 50 of the Code of Federal Regulations (at 50 CFR 17.12(h)) based on their recovery. The prohibitions and conservation measures provided by the Act, particularly through sections 7 and 9, will no longer apply to island bedstraw or Santa Cruz Island dudleya. The basis for our action. Under the Act, we may determine that a species is an endangered species or threatened species because of any of five factors: (A) The present or threatened destruction, modification, or curtailment of its habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) the inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. The determination to delist a species must be based on an analysis of the same factors. Under the Act, we must review the status of all listed species at least once every 5 years. We must delist a species if we determine, on the basis of the best available scientific and commercial data, that the species is neither a threatened species nor an endangered species. Our regulations at 50 CFR 424.11 identify three reasons why we might determine a listed species shall be delisted: (1) The species is extinct; (2) the species does not meet the definition of an endangered species or a threatened species, or (3) the listed entity does not meet the definition of a species. Here, we have determined that the island bedstraw and Santa Cruz Island dudleya do not meet the definition of an endangered species or a threatened species; therefore, we are delisting them. Previous Federal Actions Please refer to the proposed delisting rule (87 FR 73722) for island bedstraw and Santa Cruz Island dudleya published on December 1, 2022, for a E:\FR\FM\07NOR1.SGM 07NOR1

Agencies

[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Rules and Regulations]
[Pages 76676-76679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24230]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2023-0272; FRL-11237-02-R8]


Air Plan Approval and Disapproval; Colorado; Serious Attainment 
Plan Elements and Related Revisions for the 2008 8-Hour Ozone Standard 
for the Denver Metro/North Front Range Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions and disapproving portions of a state implementation plan (SIP) 
revision submitted by the State of Colorado to meet Clean Air Act (CAA) 
requirements for the 2008 8-hour ozone national ambient air quality 
standards (NAAQS) in the Denver Metro/North Front Range nonattainment 
area (DMNFR Area). Specifically, the EPA is approving the submitted 
enhanced monitoring SIP element as meeting applicable Serious area 
requirements for the 2008 8-hour ozone NAAQS, and is disapproving the 
contingency measure element of the SIP submittal. The EPA is taking 
this action pursuant to the CAA.

DATES: This rule is effective December 7, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2023-0272. All documents in the dockets are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, telephone number: (303) 312-6563, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' 
and ``our'' means the EPA.

I. Background

    The background and rationale for this action are discussed in 
detail in our August 14, 2023 proposed rule and our Response to 
Comments document for this action.\1\ In the proposed rule, we proposed 
to approve the enhanced monitoring element and to disapprove the 
contingency measures element of the March 22, 2021 8-hour ozone 
attainment plan SIP submission from the State of Colorado for the DMNFR

[[Page 76677]]

Area. Additionally, we proposed to disapprove certain provisions 
submitted by the State to meet reasonably available control technology 
(RACT) requirements in SIP submissions from March 22, 2021 and May 20, 
2022. Specifically, we proposed disapproval of the categorical RACT 
rules for refinery fueled process heaters as well as landfill or biogas 
fired reciprocating internal combustion engines and the State's RACT 
determination for the Golden Aluminum facility. This action does not 
take final action on the RACT portion of the proposal. EPA will take 
final action on the RACT portion of the August 14, 2023 proposal via a 
separate action.
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    \1\ Proposed rule, Air Plan Approval and Disapproval; Colorado; 
Serious Attainment Plan Elements and Related Revisions for the 2008 
8-Hour Ozone Standard for the Denver Metro/North Front Range 
Nonattainment Area, 88 FR 54975; the response to comments document 
is in the docket.
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II. Comments

    We received comments on the August 14, 2023 proposal from several 
commenters: the Center for Biological Diversity, the Air Pollution 
Control Division of the Colorado Department of Public Health and 
Environment, William Weese Pepple & Ferguson on behalf of Suncor Energy 
Inc., and one citizen. All comments received are in the docket for this 
action. The comments included views concerning the timing, process, and 
approach for EPA to act on Colorado's SIP submittals; supportive and 
adverse comments related to our proposed action on the contingency 
measures element; and adverse comments related to our proposed action 
on certain RACT elements. A summary of the comments that are relevant 
to this final action and the EPA's responses are provided in the 
Response to Comments document, which is in the docket for this action. 
Comments related to RACT will be addressed in a separate action.

III. Final Action

    The EPA is approving the enhanced monitoring portion of Colorado's 
ozone attainment plan submitted on March 22, 2021 because we find that 
it satisfies the requirements under CAA section 182(c)(1) for the DMNFR 
Area with respect to the 2008 ozone NAAQS. We are disapproving the 
contingency measures portion of Colorado's ozone attainment plan 
submitted on March 22, 2021 because we find that it does not satisfy 
the requirements under CAA sections 172(c)(9) or 182(c)(9) for the 
DMNFR Area with respect to the 2008 ozone NAAQS. We will be finalizing 
action on the RACT requirements in SIP submissions from March 22, 2021 
and May 20, 2022 in a separate action. EPA has previously acted on all 
other parts of these submittals.\2\
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    \2\ Final rule, Air Plan Approval, Conditional Approval, Limited 
Approval and Limited Disapproval; Colorado; Serious Attainment Plan 
Elements and Related Revisions for the 2008 8-Hour Ozone Standard 
for the Denver Metro/North Front Range Nonattainment Area, 88 FR 
29827 (May 9, 2023).
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    Section 110(c)(1) of the CAA requires the Administrator to 
promulgate a Federal implementation plan (FIP) at any time within two 
years after the Administrator finds that a state has failed to make a 
required SIP submission, finds a SIP submission to be incomplete, or 
disapproves a SIP submission, unless the state corrects the deficiency, 
and the Administrator approves the SIP revision, before the 
Administrator promulgates a FIP. Therefore, EPA will be obligated under 
CAA section 110(c)(1) to promulgate a FIP within two years after the 
effective date of this disapproval, unless the state submits, and the 
EPA approves, SIP revisions to correct the identified deficiencies 
before EPA promulgates the FIP.
    In addition, this final disapproval will trigger mandatory 
sanctions in accordance with the timelines and provisions of CAA 
section 179 and 40 CFR 52.31 unless the state submits, and EPA 
approves, SIP revisions that correct the identified deficiencies within 
18 months of the effective date of the final disapproval action.

IV. Environmental Justice Considerations

    The EPA reviewed demographic data, which provides an assessment of 
individual demographic groups of populations living within the DMNFR 
Area. The EPA then compared the data to the national averages for each 
of the demographic groups. The results of this analysis are being 
provided for informational and transparency purposes. The results of 
the demographic analysis indicate that for populations within the DMNFR 
Area, there are census block groups with the percent of people of color 
(persons who reported their race as a category other than White alone 
and/or Hispanic or Latino) is greater than the national average (39%) 
and above the 80th percentile.\3\ There are also census block groups 
within the DMNFR Area that are below the national average (33%) poverty 
level and above the 80th percentile.\4\
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    \3\ See ``EJSCREEN Maps'' pdf, available within the docket.
    \4\ Id.
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    This final SIP action identifies deficiencies in the contingency 
measure element of the March 22, 2021 SIP submittal for the DMNFR Area 
under the 2008 8-hour ozone NAAQS. The EPA's disapproval of these 
contingency measures, if finalized, would require that Colorado submit 
plans for the DMNFR Area containing contingency measures consistent 
with the requirements of the CAA as explained in Sierra Club v. EPA, 
985 F.3d 1055 (D.C. Cir. 2021). Such measures would help to improve air 
quality in the entire affected nonattainment area through ongoing 
reductions of ozone precursor emissions should the measures be 
triggered.
    The CAA requires this action, and the EPA recognizes the adverse 
impacts of ozone. Information on ozone and its relationship to negative 
health impacts can be found in the National Ambient Air Quality 
Standards for Ozone.\5\ We expect that this action and resulting 
emission reductions will generally be neutral or contribute to reduced 
environmental and health impacts on all populations in the DMNFR Area, 
including people of color and low income populations. At a minimum, 
this action would not worsen any existing air quality and is expected 
to ensure the area is meeting requirements to attain and/or maintain 
air quality standards. Further, there is no information in the record 
indicating that this action is expected to have disproportionately high 
or adverse human health or environmental effects on a particular group 
of people.
---------------------------------------------------------------------------

    \5\ Final rule, 73 FR 16436 (March 12, 2008).
---------------------------------------------------------------------------

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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.);

[[Page 76678]]

     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, 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 CAA; and
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The Colorado Air Quality Control Division did not evaluate 
environmental justice considerations as part of its SIP submittal; the 
CAA and applicable implementing regulations neither prohibit nor 
require such an evaluation. EPA performed an environmental justice 
analysis, as is described above in the section titled, ``Environmental 
Justice Considerations.'' The analysis was done for the purpose of 
providing additional context and information about this rulemaking to 
the public, not as a basis of the action. Due to the nature of the 
action being taken here, this action is expected to have a neutral to 
positive impact on the air quality of the affected area. In addition, 
there is no information in the record upon which this decision is based 
inconsistent with the stated goal of E.O. 12898 of achieving 
environmental justice for people of color, low-income populations, and 
Indigenous peoples.
    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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 8, 2024. Filing a petition for 
reconsideration by the Administrator of this final rule will not affect 
the finality of this action for the purposes of judicial review, nor 
will it extend the time within which a petition for judicial review may 
be filed or postpone the effectiveness of this rule. 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, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: October 26, 2023.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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. In Sec.  52.320, the table in paragraph (e) is amended by revising 
the entry ``2008 Ozone Serious Area Attainment Plan'' to read as 
follows:


Sec.  52.320  Identification of plan.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                    State effective   EPA effective   Final rule citation/
               Title                      date             date               date                Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 

[[Page 76679]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
2008 Ozone Serious Area Attainment       2/14/2020        12/7/2023   [insert Federal       Disapproval of
 Plan.                                                                 Register citation],   contingency
                                                                       11/7/2023.            measures. RACM and
                                                                                             attainment
                                                                                             demonstration
                                                                                             withdrawn.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-24230 Filed 11-6-23; 8:45 am]
BILLING CODE 6560-50-P
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