68532 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 

accordance with requirements of 1 CFR 

51.5, EPA is proposing to incorporate by 

reference revisions to 6 NYCRR Subpart 

202–2, ‘‘Emission Statement,’’ as 

described in Section II. of this preamble. 

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and at EPA Region 2 Office (please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a State program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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) 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not proposing 

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 it 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, 

February 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. The 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.’’ The 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 NYSDEC 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. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the Stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, and 

Volatile organic compounds. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

[FR Doc. 2023–21971 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0483; FRL–11439– 

01–R8] 

Air Plan Approval; 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: Proposed rule. 

SUMMARY: On May 9, 2023, the EPA took 

final action on State Implementation 

Plan (SIP) submissions made by the 

State of Colorado on March 22, 2021, 

related to Clean Air Act (CAA) 

requirements for the 2008 8-hour ozone 

National Ambient Air Quality Standards 

(NAAQS) for the Denver Metro/North 

Front Range (DMNFR) Serious 

nonattainment area. In that action we 

finalized a limited approval and limited 

disapproval of specific provisions 

intended to meet reasonably available 

control technology (RACT) requirements 

that were included in SIP submissions 

made by the State on May 14, 2018, May 

8, 2019, May 13, 2020, March 22, 2021, 

May 18, 2021, and May 20, 2022. 

Further, we finalized a limited 

conditional approval and limited 

disapproval of additional provisions 

intended to address RACT requirements 

and that were within SIP submissions 

from May 31, 2017, and May 10, 2019. 

The EPA is now proposing to stay the 

limited disapproval portions of the May 

9, 2023 final rule until June 1, 2024. 

DATES: Written comments must be 

received on or before November 3, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2023–0483, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 68533 

1Final 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, Table 1, 

29829–29830 (May 9, 2023). 

2 Id. at 29830–29831, Table 2 (listing portions 

subject to limited approval and limited 

disapproval), Table 3 (RACT categories). 

3 Id. at 29830–29831, Table 3. 

4See letter from EPA Regional Administrator KC 

Becker to Colorado Attorney General Phil Weiser 

(Aug. 31, 2023), in the docket for this action. 

5See CAA section 304(a). 

6See CAA sections 100(c)(1) and 179. 

7See ‘‘EJSCREEN Maps’’ pdf, available within the 

docket. 

8 Id. 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically in 

https://www.regulations.gov. Please 

email or call the person listed in the FOR

FURTHER INFORMATION CONTACT section if 

you need to make alternative 

arrangements for access to the docket. 

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: In this 

document, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer 

to the EPA. 

I. Background 

On May 9, 2023, EPA took final action 

approving portions of the 8-hour ozone 

attainment plan for the DNFR area that 

were submitted by the State of Colorado 

on March 22, 2021, and portions of 

additional SIP submissions made by the 

State on May 8, 2019, May 13, 2020, 

March 22, 2021, May 18, 2021, and May 

20, 2022.1 The State made these SIP 

submissions to meet CAA requirements 

for the DMNFR area classified as 

Serious nonattainment, to address 

RACT requirements for certain source 

categories in the DMNFR area, and to 

adopt VOC standards for consumer 

products and architectural and 

industrial maintenance coatings. We 

also finalized a limited approval and 

limited disapproval of parts of the SIP 

submissions made on May 14, 2018, 

May 13, 2020, March 22, 2021, May 18, 

2021, and May 20, 2022, and of certain 

RACT categories,2 and we finalized a 

limited conditional approval and 

limited disapproval of specific 

provisions intended to meet RACT 

requirements.3 The limited disapproval 

portions of the May 9, 2023 final rule 

resulted from the Agency’s 

determination that although the rules 

met RACT requirements concerning 

stringency, they lacked adequate 

reporting or other mechanisms to make 

them legally and practically enforceable 

by citizens in accordance with CAA 

section 304. 

On July 10, 2023, the State submitted 

a Petition for Reconsideration asking the 

EPA to reconsider the issuance of the 

limited disapproval portions of the May 

9, 2023 final rule. The EPA responded 

to the Petition for Reconsideration on 

August 31, 2023, informing the State 

that the EPA was granting the petition 

as to the limited disapproval portions of 

the May 9, 2023 final rule.4 The EPA 

intends to reopen the rulemaking for the 

limited purpose of accepting comment 

and considering whether these SIP 

provisions are enforceable by citizens as 

required under the CAA,5 or what 

revisions may be necessary to make 

them so. 

II. Proposed Action 

In this action, we are proposing to 

stay the limited disapproval actions 

listed in Tables 2 and 3 of the May 9, 

2023 final rule until June 1, 2024. All 

other portions of the final rule were 

effective as of June 8, 2023, and remain 

in effect. The EPA is proposing this 

action to provide additional time for 

consideration of the Petition for 

Reconsideration, which will occur 

through a separate notice and comment 

process that the Agency will be 

describing in more detail in a later 

document. The effect of the stay, if 

finalized as proposed, and depending 

on the outcome of the reconsideration 

process, will be that the federal 

implementation plan and sanctions 

clocks 6 for the limited disapprovals in 

Tables 2 and 3 of the May 9, 2023 final 

rule, restart on June 2, 2024. We are 

taking comment on today’s proposal for 

30 days. Any comments on this 

proposal should address only the issue 

of the stay of the limited disapproval 

actions; comments on other items will 

not be pertinent to this action. 

III. Environmental Justice 

Considerations 

As discussed in our May 9, 2023 final 

rule, 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 of 39% with some 

census block groups ranking above the 

80th percentile.7 There are also census 

block groups within the DMNFR Area 

where the percentage of low income 

population is above the national average 

of 33% with some census block groups 

ranking above the 80th percentile.8

This proposed action stays the limited 

disapproval portions of our May 9, 2023 

final action. The limited disapprovals in 

that action related to the EPA’s concern 

that certain Colorado regulations do not 

have adequate reporting requirements or 

other mechanisms to make them 

enforceable under the citizen suit 

provision of CAA section 304. The 

purpose of the stay of the disapproval 

portions is to allow the EPA to more 

fully evaluate a petition for 

reconsideration from the State. The 

reconsideration will allow public input 

from all parties concerning the 

adequacy, with respect to CAA 

requirements for enforceability, of the 

provisions that were subject to limited 

disapproval. We expect that this action 

will generally be neutral or (combined 

with the anticipated final action 

following reconsideration) 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, we expect that this action 

will not worsen any existing air quality. 

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. 


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68534 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 

IV. 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 CAA criteria. 

Accordingly, this action merely 

proposes to stay the limited 

disapprovals from our May 9, 2023 final 

rule and does not impose additional 

requirements beyond those imposed by 

state law. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

PRA, because this proposed action, if 

finalized, will not in and of itself create 

any new information collection 

burdens, but will simply stay the 

limited disapprovals from our May 9, 

2023 final rule. 

C. Regulatory Flexibility Act (RFA) 

This action will not have a significant 

economic impact on a substantial 

number of small entities under the RFA. 

This action will not impose any 

requirements on small entities. This 

proposed action, if finalized, will not in 

and of itself create any new 

requirements but will simply stay the 

limited disapprovals from our May 9, 

2023 final rule. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action proposes to 

stay the limited disapprovals from our 

May 9, 2023 final rule and imposes no 

new requirements. Accordingly, no 

additional costs to state, local, or tribal 

governments, or to the private sector, 

result from this action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the proposed 

action would not apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive order. This action is not 

subject to Executive Order 13045 

because this proposed action, if 

finalized, will not in and of itself create 

any new regulations, but will simply 

stay the limited disapprovals from our 

May 9, 2023 final rule. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) directs Federal 

agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations (people of color and/or 

Indigenous peoples) and low-income 

populations. 

The EPA believes that human health 

or environmental conditions existing 

prior to this action result in or have the 

potential to result in disproportionate 

and adverse human health or 

environmental effects on people of 

color, low-income populations, and/or 

Indigenous peoples. The results of our 

demographic analysis (see section III., 

Environmental Justice Considerations, 

above) indicate that for populations 

within the DMNFR Area, there are 

census block groups in which the 

percentage of people of color is greater 

than the national average of 39%, with 

some census block groups ranking above 

the 80th percentile. There are also 

census block groups within the DMNFR 

Area where the percentage of lowincome population is above the national 

average of 33%, with some census block 

groups ranking above the 80th 

percentile. 

The EPA believes that this action is 

not likely to change existing 

disproportionate and adverse effects on 

people of color, low-income 

populations, or Indigenous peoples. 

While the EPA recognizes the 

importance of assessing impacts of our 

actions on potentially overburdened 

communities, a final approval of the 

proposed stay of the limited 

disapprovals from our May 9, 2023 final 

action would not exacerbate existing 

pollution exposure or burdens for 

populations in the DMNFR Area. 

As discussed in the Environmental 

Justice Considerations section of this 

preamble, there is no information to 

support a conclusion that staying the 

limited disapproval of the May 9, 2023 

final rule would result in additional 

disparate impact on minority 

populations (people of color and/or 

Indigenous peoples) or low-income 

populations. 

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. 

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

Dated: September 28, 2023. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2023–21970 Filed 10–3–23; 8:45 am] 

BILLING CODE 6560–50–P 


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