Air Plan Disapproval; Colorado; RACT Elements for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front Range Nonattainment Area, 85511-85513 [2023-26949]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
electronic Form 3665) with mailings of
at least 50 pieces or 50 pounds of
corresponding articles presented at one
time must be presented to a Post Office
business mail entry unit (BMEU) or
authorized detached mail unit (DMU).
*
*
*
*
*
5.2 Other Bulk Quantities—Certificate
of Bulk Mailing
5.2.1
Description
[Add text at the end of 5.2.1 to read
as follows:]
* * * Mailers must upload the
electronic Form 3606–D prior to
presenting the mailing at the BMEU for
processing. Each electronic Form 3606–
D will receive a watermark date
stamped receipt after finalization of the
mailing.
5.2.2
Paying Fees
[Add a sentence at the end of 5.2.2 to
read as follows:]
* * * Mailers submitting electronic
Form 3606–D must pay certificate of
mailing fees, at the time of mailing,
using an EPS account.
5.2.3
Acceptance
[Revise the last sentence of 5.2.3 to
read as follows:]
* * * Certificate of Bulk Mailing
Form 3606–D (including USPSapproved facsimiles and electronic
Form 3606–D) with identical-weight
mailings of at least 50 pieces or 50
pounds must be presented to a business
mail entry unit (BMEU) or authorized
detached mail unit (DMU).
*
*
*
*
*
700
Special Standards
*
*
*
*
*
705 Advanced Preparation and
Special Postage Payment Systems
*
*
*
*
*
15.0 Combining USPS Marketing Mail
Flats, Bound Printed Matter Flats, and
Periodicals Flats
15.1
*
Basic Standards
*
khammond on DSKJM1Z7X2PROD with RULES
15.1.3
*
*
*
Documentation
Mailers must present standardized
electronic documentation according to
203.3.0. This documentation must
accurately reflect the final piece count
in the combined mailing. In addition,
mailers must provide:
*
*
*
*
*
[Revise item (e) to read as follows:]
e. Documentation to support entry
and bundle totals, if requested.
*
*
*
*
*
VerDate Sep<11>2014
16:05 Dec 07, 2023
Jkt 262001
Notice 123 (Price List)
*
[Revise prices as applicable.]
*
*
*
*
Sarah Sullivan,
Attorney, Ethics and Legal Compliance.
[FR Doc. 2023–26923 Filed 12–7–23; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2023–0272; FRL–11237–
03–R8]
Air Plan Disapproval; Colorado; RACT
Elements for the 2008 8-Hour Ozone
Standard for the Denver Metro/North
Front Range Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is 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
disapproving certain reasonably
available control technology (RACT) SIP
submittals.
DATES: This rule is effective on January
8, 2024.
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.
SUMMARY:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
85511
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 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. We also 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 Area. Final
action on the enhanced monitoring and
contingency measures elements was
taken on November 07, 2023.2 In this
action, we are finalizing action on the
remaining RACT provisions.
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.
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.
2 Final 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 76676.
E:\FR\FM\08DER1.SGM
08DER1
85512
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
Comments related to contingency
measures were addressed in our
November 7, 2023 final rule.
khammond on DSKJM1Z7X2PROD with RULES
III. Final Action
The EPA is disapproving certain
provisions submitted by the State to
meet RACT requirements in SIP
submissions from March 22, 2021, and
May 20, 2022, because we find they do
not satisfy the requirements under CAA
sections 182(b) and 182(c). EPA has
previously acted on all other parts of
these submittals.3
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 in which
the percentage of people of color
(persons who reported their race as a
category other than White alone and/or
3 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) and 88 FR 76676 (Nov. 7, 2023).
VerDate Sep<11>2014
16:05 Dec 07, 2023
Jkt 262001
Hispanic or Latino) is greater than the
national average (39%) and above the
80th percentile.4 There are also census
block groups within the DMNFR Area
that are below the national average
(33%) poverty level and above the 80th
percentile.5
This final SIP action identifies
deficiencies in the State’s March 22,
2021 and May 20, 2022 RACT
submittals. The EPA has defined RACT
as the lowest emission limitation that a
particular source is capable of meeting
by the application of control technology
that is reasonably available considering
technological and economic feasibility.
The EPA’s disapproval of these RACT
submittals will require that Colorado
submit RACT plans for the DMNFR
Area consistent with the requirements
of the CAA. Such measures may help to
improve air quality in the entire affected
nonattainment area through reductions
of ozone precursor emissions.
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.6 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:
4 See ‘‘EJSCREEN Maps’’ pdf, available within the
docket.
5 Id.
6 Final rule, 73 FR 16436 (March 12, 2008).
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
• 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.);
• 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
E:\FR\FM\08DER1.SGM
08DER1
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
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
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,
State effective
date
Title
*
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 February 6, 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)).
EPA effective
date
*
*
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: December 4, 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 entries
‘‘Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard
(NAAQS) Moderate State
Implementation Plan (RACT SIP)’’ and
‘‘Reasonably Available Control
Technology for the 2008 8-Hour Ozone
National Ambient Air Quality Standard
(NAAQS) Serious State Implementation
Plan (RACT SIP)’’ to read as follows:
■
§ 52.320
*
Identification of plan.
*
*
(e) * * *
Final rule citation/date
*
85513
*
*
*
Comments
*
*
*
*
Maintenance and Attainment Plan Elements
*
*
*
*
*
Denver Metropolitan Area
khammond on DSKJM1Z7X2PROD with RULES
*
*
Reasonably Available Control Technology
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS)
Moderate State Implementation Plan
(RACT SIP).
*
*
Reasonably Available Control Technology
for the 2008 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS)
Serious State Implementation Plan
(RACT SIP).
*
*
11/21/2017
1/8/2024
*
*
[insert Federal Register citation], 12/8/
2023.
*
*
Previous SIP approvals 7/03/2018, 2/24/
2021, and 11/05/2021. Limited approval/limited disapproval of RACT regulations 5/9/2023. Disapproval of refinery fueled process heaters located at
major sources of NOX on December 8,
2023.
1/8/2024
*
*
[insert Federal Register citation], 12/8/
2023.
*
*
Disapproval of RACT for certain major
sources of NOX on December 8, 2023.
*
2/14/2020
*
*
*
*
*
[FR Doc. 2023–26949 Filed 12–7–23; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:41 Dec 07, 2023
Jkt 262001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
E:\FR\FM\08DER1.SGM
08DER1
*
]]>Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85511-85513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26949]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0272; FRL-11237-03-R8]
Air Plan Disapproval; Colorado; RACT Elements for the 2008 8-Hour
Ozone Standard for the Denver Metro/North Front Range Nonattainment
Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is 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 disapproving certain reasonably available
control technology (RACT) SIP submittals.
DATES: This rule is effective on January 8, 2024.
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 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. We also 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 Area. Final action on the enhanced
monitoring and contingency measures elements was taken on November 07,
2023.\2\ In this action, we are finalizing action on the remaining RACT
provisions.
---------------------------------------------------------------------------
\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.
\2\ Final 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 76676.
---------------------------------------------------------------------------
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.
[[Page 85512]]
Comments related to contingency measures were addressed in our November
7, 2023 final rule.
III. Final Action
The EPA is disapproving certain provisions submitted by the State
to meet RACT requirements in SIP submissions from March 22, 2021, and
May 20, 2022, because we find they do not satisfy the requirements
under CAA sections 182(b) and 182(c). EPA has previously acted on all
other parts of these submittals.\3\
---------------------------------------------------------------------------
\3\ 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) and 88 FR 76676 (Nov. 7, 2023).
---------------------------------------------------------------------------
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 in which the percentage 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.\4\ There are also census
block groups within the DMNFR Area that are below the national average
(33%) poverty level and above the 80th percentile.\5\
---------------------------------------------------------------------------
\4\ See ``EJSCREEN Maps'' pdf, available within the docket.
\5\ Id.
---------------------------------------------------------------------------
This final SIP action identifies deficiencies in the State's March
22, 2021 and May 20, 2022 RACT submittals. The EPA has defined RACT as
the lowest emission limitation that a particular source is capable of
meeting by the application of control technology that is reasonably
available considering technological and economic feasibility. The EPA's
disapproval of these RACT submittals will require that Colorado submit
RACT plans for the DMNFR Area consistent with the requirements of the
CAA. Such measures may help to improve air quality in the entire
affected nonattainment area through reductions of ozone precursor
emissions.
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.\6\ 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.
---------------------------------------------------------------------------
\6\ 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.);
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
[[Page 85513]]
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 February 6, 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: December 4, 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 entries ``Reasonably Available Control Technology for the 2008 8-
Hour Ozone National Ambient Air Quality Standard (NAAQS) Moderate State
Implementation Plan (RACT SIP)'' and ``Reasonably Available Control
Technology for the 2008 8-Hour Ozone National Ambient Air Quality
Standard (NAAQS) Serious State Implementation Plan (RACT SIP)'' to read
as follows:
Sec. 52.320 Identification of plan.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
State EPA effective Final rule citation/
Title effective date date date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reasonably Available Control 11/21/2017 1/8/2024 [insert Federal Previous SIP
Technology for the 2008 8-Hour Register citation], approvals 7/03/2018,
Ozone National Ambient Air 12/8/2023. 2/24/2021, and 11/05/
Quality Standard (NAAQS) Moderate 2021. Limited
State Implementation Plan (RACT approval/limited
SIP). disapproval of RACT
regulations 5/9/
2023. Disapproval of
refinery fueled
process heaters
located at major
sources of NOX on
December 8, 2023.
* * * * * * *
Reasonably Available Control 2/14/2020 1/8/2024 [insert Federal Disapproval of RACT
Technology for the 2008 8-Hour Register citation], for certain major
Ozone National Ambient Air 12/8/2023. sources of NOX on
Quality Standard (NAAQS) Serious December 8, 2023.
State Implementation Plan (RACT
SIP).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2023-26949 Filed 12-7-23; 8:45 am]
BILLING CODE 6560-50-P
