Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 68529 

■ e. Add new paragraph (h). 

■ f. Revise newly redesignated 

paragraph (i)(1). 

■ g. In newly redesignated paragraph 

(i)(2), remove ‘‘(g)(1)’’ and add ‘‘(i)(1)’’ 

in its place. 

The additions and revisions read as 

follows: 

§ 384.4 Terms for making payment of 

royalty fees and statements of account. 

* * * * * 

(f) Use of account numbers. If the 

Collective notifies a Licensee of an 

account number to be used to identify 

its royalty payments for a particular 

Business Establishment Service offering, 

the Licensee must include that account 

number on its check or check stub for 

any payment for that Business 

Establishment Service offering made by 

check, in the identifying information for 

any payment for that Business 

Establishment Service offering made by 

electronic transfer, in its statements of 

account for that Business Establishment 

Service offering under paragraph (g) of 

this section, and in the transmittal of its 

Reports of Use for that Business 

Establishment Service offering under 

§ 370.4 of this chapter. 

(g) Statements of account. For any 

part of the License Period during which 

a Licensee operates a Business 

Establishment Service, at the time when 

a minimum payment is due under 

paragraph (d) of this section, and by 45 

days after the end of each month during 

the period, the Licensee shall deliver to 

the Collective a statement of account 

containing the information set forth in 

this paragraph (g) on a form prepared, 

and made available to Licensees, by the 

Collective. In the case of a minimum 

payment, or if a payment is owed for 

such month, the statement of account 

shall accompany the payment. A 

statement of account shall contain only 

the following information: 

(1) Such information as is necessary 

to calculate the accompanying royalty 

payment, or if no payment is owed for 

the month, to calculate any portion of 

the minimum fee recouped during the 

month; 

(2) The name, address, business title, 

telephone number, facsimile number (if 

any), electronic mail address and other 

contact information of the person to be 

contacted for information or questions 

concerning the content of the statement 

of account; 

(3) The account number assigned to 

the Licensee by the Collective for the 

relevant Business Establishment Service 

offering (if the Licensee has been 

notified of such account number by the 

Collective); 

(4) The signature of: 

(i) The owner of the Licensee or a 

duly authorized agent of the owner, if 

the Licensee is not a partnership or 

corporation; 

(ii) A partner or delegee, if the 

Licensee is a partnership; or 

(iii) An officer of the corporation, if 

the Licensee is a corporation; 

(5) The printed or typewritten name 

of the person signing the statement of 

account; 

(6) The date of signature; 

(7) If the Licensee is a partnership or 

corporation, the title or official position 

held in the partnership or corporation 

by the person signing the statement of 

account; 

(8) A certification of the capacity of 

the person signing; and 

(9) A statement to the following effect: 

I, the undersigned owner or agent of 

the Licensee, or officer or partner, have 

examined this statement of account and 

hereby state that it is true, accurate and 

complete to my knowledge after 

reasonable due diligence. 

(h) International Standard Recording 

Codes. Notwithstanding § 370.4(d)(2)(v) 

of this chapter, the Licensee must use 

International Standard Recording Codes 

(ISRCs) in its Reports of Use, where 

available and feasible. 

(i) * * * 

(1) * * * However, in any case in 

which a Licensee has not provided a 

compliant Report of Use, whether for 

the License Period or otherwise, and the 

board of directors of the Collective 

determines that further efforts to seek 

the missing Report of Use from the 

Licensee would not be warranted, the 

Collective may determine that it will 

distribute the royalties associated with 

the Licensee’s missing Report of Use on 

the basis of a proxy data set approved 

by the board of directors of the 

Collective. 

* * * * * 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–21123 Filed 10–3–23; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2023–0175; 

FRL 11053–01–R2] 

Approval of Air Quality Implementation 

Plans; New York; Emission Statement 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposal rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by New York State 

Department of Environmental 

Conservation (NYSDEC) for the purpose 

of enhancing an existing emission 

statement program for stationary sources 

in New York State. The SIP revision 

consists of amendments to regulations 

in New York’s Codes, Rules and 

Regulations (NYCRR) applicable to the 

emission statements. This SIP revision 

was submitted by NYSDEC to satisfy the 

ozone nonattainment provision of the 

Clean Air Act (Act or CAA). These 

provisions establish electronic reporting 

requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits of the Act 

beginning in 2022 (for calendar year 

2021 emission reporting). 

The intended effect is to obtain 

improved emissions related data from 

facilities located in New York State, 

allowing NYSDEC to more effectively 

plan for, and attain, the national 

ambient air quality standards (NAAQS). 

The Emission Statement rule also 

improves EPA’s and the public’s access 

to facility specific emission related data. 

DATES: Written comments must be 

received on or before November 3, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2023–0175 at https://

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available through 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 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 primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 


lotter on DSK11XQN23PROD with PROPOSALS1
68530 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 

1The New York portion of the NYMA, is 

composed of the five boroughs of New York City 

and the surrounding counties of Nassau, Suffolk, 

Westchester, Rockland and the Shinnecock Indian 

Nation. See 40 CFR 81.333 

2U.S. EPA. 1985. Compilation of Air Pollutants 

Emission Factors Volume I: Stationary Point and 

Area Sources. Supplement A through D. No AP–42, 

Research Triangle Park, NC. 888p. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Ysabel Banon, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, or by email at 

banon.ysabel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Ozone Background 

B. Statutory and Regulatory Requirements 

for Emission Statements 

II. Description of State’s Submittal 

III. Evaluation of the State’s Submittal 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background 

A. Ozone Background 

Ozone is a gas that is formed by the 

reaction of Volatile Organic Compound 

(VOC) and Oxides of Nitrogen (NOX) in 

the atmosphere in the presence of 

sunlight. Therefore, an emission 

inventory for ozone focuses on the 

emissions of VOC and NOX referred to 

as ozone precursors. These precursors 

(VOC and NOX) are emitted by many 

types of pollution sources, including 

point sources such as power plants and 

industrial emissions sources; on-road 

and off-road mobile sources (motor 

vehicles and engines); and smaller 

residential and commercial sources, 

such as dry cleaners, auto body shops, 

and household paints, collectively 

referred to as nonpoint sources (also 

called area sources). 

2008 and 2015 Ozone NAAQS Revisions 

In March 2008, EPA revised the 

health-based National Ambient Air 

Quality Standard (NAAQS) for ozone to 

0.075 parts per million (ppm) averaged 

over an 8-hour time frame (2008 8-hour 

Ozone Standard). See 73 FR 16435 

(March 27, 2008). In October 2015, the 

EPA revised this standard to 0.070 ppm 

averaged over an 8-hour time frame 

(2015 8-hour Ozone Standard). See 80 

FR 65291 (October 26, 2015). 

On May 21, 2012, the EPA finalized 

its attainment/nonattainment 

designations for areas across the country 

with respect to the 2008 8-hour Ozone 

Standard and, on July 20, 2012, the 

designations became effective. See 77 

FR 30160 (May 21, 2012). The New 

York-Northern New Jersey-Long Island 

Connecticut metropolitan area (NYMA) 

was designated by the EPA as a 

‘‘marginal’’ nonattainment area for the 

2008 ozone NAAQS.1 In 2016, the EPA 

determined that the NYMA did not 

attain the 2008 ozone standard by the 

July 20, 2015, attainment date and was 

reclassified from a ‘‘marginal’’ to a 

‘‘moderate’’ nonattainment area. See 81 

FR 26697 (May 4, 2016). State 

Implementation Plans (SIPs) for 

‘‘moderate’’ nonattainment areas were 

due by January 1, 2017. See id. On April 

30, 2018, the EPA finalized its 

attainment/nonattainment designations 

for most areas across the country as to 

the 2015 8-hour Ozone Standard, in 

which the NYMA was designated by the 

EPA as a ‘‘moderate’’ nonattainment 

area. See 83 FR 25776 (June 4, 2018). On 

September 23, 2019, the EPA 

reclassified the NYMA to ‘‘serious’’ 

nonattainment as to the 2008 8-hour 

Ozone Standard. See 84 FR 44238 

(August 23, 2019). 

Additionally, New York is a member 

of the Ozone Transport Region (OTR) 

established by Congress in Section 184 

of the Act. Pursuant to section 184(b)(2), 

any stationary source that emits or has 

the potential to emit at least 50 tons per 

year (tpy) of VOC shall be considered a 

major stationary source and subject to 

the requirement which should be 

applicable to major stationary sources if 

the area were classified as moderate 

nonattainment area. Thus, States within 

the OTR are subject to SIP requirements 

in section 182(b) applicable to moderate 

nonattainment areas. Also, section 

182(f)(1) of the CAA requires that the 

plan provisions required for major 

stationary sources of VOC also apply to 

major stationary sources of NOX for 

States with moderate (or worse) ozone 

nonattainment areas. A major stationary 

source of NOX is defined as stationary 

facility or source of air pollutants which 

directly emits or has the potential to 

emit 100 tpy or more of NOX. See CAA 

section 302(j). 

Therefore, the emission statement 

requirement is extended to include 

sources in attainment area within the 

OTR that emit, or have the potential to 

emit, 100 tpy or more of NOX or 50 tpy 

or more of VOC. 

B. Statutory and Regulatory 

Requirements for Emission Statement 

Annual Reporting of VOC and NOX

The air quality planning and SIP 

requirements for ozone nonattainment 

and transport areas are established in 

Subparts 1 and 2 of Part D of Title I of 

the Act, as amended in 1990. The EPA 

has published a ‘‘General Preamble’’ 

and ‘‘Appendices to the General 

Preamble.’’ See 57 FR 13498 (April 16, 

1992); 57 FR 18070 (April 28, 1992). 

These describe how the EPA intends to 

review SIPs submitted under Title I of 

the Act. EPA has also issued a draft 

guidance document, entitled ‘‘Guidance 

on the Implementation of an Emission 

Statement Program’’ (Emission 

Statement Guidance), dated July 1992, 

which describes the minimum 

requirements for approvable emission 

statement programs. 

Section 182(a)(3)(B)(i) of the Act 

requires States in which all or part of 

any ozone non-attainment area is 

located to submit SIP revisions to EPA 

by November 15, 1992. The provision 

requires owner/operators of stationary 

sources of VOC and NOX to provide the 

State with a statement, at least annually, 

of the source’s actual emissions of VOC 

and NOX. Sources were to submit the 

first emission statements to their 

respective States by November 15, 1993. 

Pursuant to the Emission Statement 

Guidance, if the source emits either 

VOC or NOX at or above levels for 

which the State Emission Statement rule 

requires reporting, the other pollutant 

(VOC or NOX) from the same facility 

should be included in the emission 

statement, even if the pollutant is 

emitted at levels below the minimum 

reporting level. 

Section 182(a)(3)(B)(ii) of the Act 

allows States to waive, with EPA 

approval, the requirement for an 

emission statement for classes or 

categories of sources located in 

nonattainment areas, which emit less 

than 25 tpy of actual plantwide VOC or 

NOX, provided the class or category is 

included in the base year and periodic 

inventories and emissions are calculated 

using emission factors established by 

EPA (such as those found in EPA 

publication AP–42) 2 or other methods 

acceptable to EPA. 

The required Emission State Program 

defines how air agencies obtain 

emissions data directly from certain 

facilities, and these data, along with 

other information, are then reported to 

EPA as part of SIP inventories required 

under the Act sections 182(a)(1) and 

182(a)(3)(A). This State program is 

generally referred to as an emissions 

statement regulation, and it outlines 

how certain facilities must report 

emissions and facility activity data to an 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Proposed Rules 68531 

3US. EPA. 1992. Guidance of the Implementation 

of an Emission Statement Program, Research 

Triangle Park, NC. Appendix B–2. 

air agency, typically a State agency. 

Reports submitted to air agencies must 

be accompanied by ‘‘a certification that 

the information contained’’ in the report 

is ‘‘accurate to the best knowledge’’ of 

the facility.3 To properly implement the 

emissions reporting requirements, 

emissions statement regulations should 

be coordinated carefully with the data 

elements that are required by EPA 

(requirements at 40 CFR 51.1115 and 40 

CFR 51.1315). 

II. Description of State’s Submittal 

On March 21, 2022, NYSDEC 

submitted a SIP to incorporate revisions 

to 6 NYCRR Subpart 202–2, ‘‘Emission 

Statements’’. The purpose of 6 NYCRR 

Subpart 202–2 is to establish the 

requirements for annual emission 

statements filed by facilities subject to 

Title V operating permits under the Act. 

This provision pertains to requirements 

for nonattainment areas for the purpose 

of enhancing an existing emission 

statement program for stationary sources 

in New York. On November 18, 2020, 

NYSDEC adopted these amendments, 

which became State effective on 

December 18, 2020. On September 1, 

2022, NYSDEC submitted supplemental 

information to EPA regarding these 

revisions. 

The requirements for emission 

statements are set forth in EPA’s Air 

Emissions Reporting Requirements rule 

(AERR). See 40 CFR 51 Subpart A. In 

order to implement the emissions 

statement requirements referenced 

above, NYSDEC adopted 6 NYCRR 

Subpart 202–2 on July 15, 1994. 

NYSDEC subsequently revised the 

provision on April 29, 2005. From 1993 

through 2010, NYSDEC required paper 

submissions of emission statements. 

Since 2011 (for calendar year 2010 

emissions reporting), however, facilities 

have also had the option of submitting 

emission statements via electronically 

through NYSDEC’s Air Compliance and 

Emissions (ACE) Electronic Reporting 

Tool. 

Additional revisions were submitted 

by NYSDEC in 2007 when the EPA 

approved the Emission Statement SIP 

revision that enhances the reporting 

requirements for VOC and NOX and 

expands the reporting requirement, 

based on specified emission thresholds, 

to include CO, SO2, particulate matter 

measuring 2.5 microns or less (PM2.5), 

particulate matter measuring 10 microns 

or less (PM10), ammonia (NH3), lead (Pb) 

and lead compounds and hazardous air 

pollutants (HAPs). See FR 61528, 

(October 31, 2007). Additionally, the 

revision improves EPA’s and the 

public’s access to facility specific 

emissions related data. 

In NYSDEC’s March 21, 2022, 

submittal, the State is proposing 

revisions to Subpart 202–2 to require 

electronic submittal of annual Emission 

Statements beginning in 2022 (for 

calendar year 2021 emissions reporting) 

for facilities subject to Title V of the Act. 

It is expected that electronic reporting 

will be beneficial for both Title V 

facilities, in the long term, and 

NYSDEC. These benefits include 

reduced costs, processing time, and 

improved accuracy and file 

management. 

The State seeks to make two changes 

to Section 202–2.1 (‘‘Applicability’’). 

First, a new subdivision 202–2.1(c) 

mandates the electronic submittal of 

emission statements. The new 

requirement will be included as an 

enforceable condition in new or 

renewed Title V operating permits 

issued after January 1, 2021. Second, by 

reporting year 2025, all emission 

statements will be subject to the 

electronic submittal requirement. 

The State made changes to Section 

202–2.3 (‘‘Required contents of an 

emission statement:’’) First, the first 

sentence of paragraph 202–2.3(a)(1) has 

been revised to read: ‘‘(A) responsible 

official must sign a form or other legal 

instrument provided by the department 

to certify the emission statement 

information.’’ Second, subparagraph 

202–2.3(a)(3)(ix) was modified to 

require that the sum of the percent 

operation by season reported in 

emission statements must equal 100. 

Third, subparagraph 202–2.3(a)(3)(xii) 

was modified to State that reporting of 

emissions for processes with source 

classification codes beginning with a 1 

or a 2 is optional. If the facilities don’t 

report emissions for these processes, 

NYSDEC will calculate process-level 

emissions based upon the process-level 

fuel use reported by a facility. Fourth, 

subdivision 202–2.3(d) has been edited 

to State that facilities with Title V 

operating permits will receive emission 

statement survey forms provided by the 

State. Fifth, subdivision 202–2.3(e) was 

revised to require that facilities report 

emissions of SO2, primary PM2.5, and 

primary PM10 for exempt sources during 

periodic inventory years in addition to 

the pollutants listed in the current 

version of the rule. 

The State also made changes to 

Section 202–2.4, (‘‘Procedures:’’). First, 

Subdivision 202–2.4(a) was repealed 

and replaced. Second, new paragraph 

202–2.4(a)(1) and 202–2.4(a)(2) will 

maintain the current April 15 deadline 

for submitting emissions statements 

until such time that a facility is subject 

to the electronic reporting requirement. 

Third, new paragraph 202–2.4(a)(3) 

establishes the following deadlines for 

submitting emission statements under 

the new electronic submittal 

requirement: (a) March 15 of each year 

for facilities with three (3) or fewer 

processes listed in their Title V permit; 

(b) March 31 of each year for facilities 

with four (4) to six (6) processes listed 

in their Title V permit; (c) April 15 of 

each year for facilities with seven (7) to 

twelve (12) processes listed in their 

Title V permit; or (d) April 30 of each 

year for facilities with thirteen (13) or 

more processes listed in their Title V 

operating permit. Fourth, new 

paragraph 202–2.4(d) sets forth 

situations in which emission statements 

may be submitted via courier instead of 

electronic submittal: (a) when data 

cannot be labeled as confidential 

business information using the State’s 

electronic interface in accordance with 

6 NYCRR Part 616; or (b) a facility 

receives permission from the State after 

demonstrating a need to submit via 

courier due to a failure of the electronic 

reporting interface. Fifth, subdivisions 

202–2.4(b) and 202–2.4(c) were 

modified to account for the change in 

the due date for submitting emission 

statements from April 15 of each year to 

the dates provided in paragraph 202– 

2.4(a)(3). 

III. Evaluation of State’s Submittals 

EPA reviewed NYSDEC’s March 21, 

2022, proposed SIP revision to update 

Title 6 NYCRR part 202–2 ‘‘Emission 

Statement.’’ NYSDEC’s SIP revision 

meets the minimum requirement 

outlined on the Emission Statement 

Guidance, Section 4, XX00.050 page 43– 

45. 

IV. Proposed Action 

Based on the EPA’s review, the 

Emission Statement rule contains the 

necessary applicability, compliance, 

enforcement, and reporting 

requirements for an approvable 

emission statement program. The EPA is 

proposing to approve the revisions to 6 

NYCRR Part 202, Subpart 202–2, 

‘‘Emission Statements,’’ with a State 

effective date of December 18, 2020, as 

part of New York’s SIP. The EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

V. Incorporation by Reference 

In this document, EPA is proposing to 

include regulatory text that includes 

incorporation by reference. In 


lotter on DSK11XQN23PROD with PROPOSALS1
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 


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