76676 Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 

1Proposed 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. 

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 

■ 1. The authority citation for part 261 

continues to read as follows: 

Authority: 7 U.S.C. 1011(f); 16 U.S.C. 

460l–6d, 472, 551, 620(f), 1133(c)–(d)(1), 

1246(i). 

Subpart C–Prohibitions in Regions 

■ 2. Revise § 261.77 to read as follows: 

§ 261.77 Prohibitions in Region 8, 

Southern Region. 

(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 

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. 

Andrea Delgado Fink, 

Chief of Staff, Natural Resources and 

Environment. 

[FR Doc. 2023–24569 Filed 11–6–23; 8:45 am] 

BILLING CODE 3411–15–P 

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. 

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: fulton.abby@epa.gov. 

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 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76677 

2Final 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). 

3See ‘‘EJSCREEN Maps’’ pdf, available within the 

docket. 

4 Id. 5Final rule, 73 FR 16436 (March 12, 2008). 

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. 

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

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 

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.); 


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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 

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 

■ 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) * * * 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

*******

Maintenance and Attainment Plan Elements 

*******

Denver Metropolitan Area 


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Federal Register / Vol. 88, No. 214 / Tuesday, November 7, 2023 / Rules and Regulations 76679 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

*******

2008 Ozone Serious Area Attainment 

Plan.

2/14/2020 12/7/2023 [insert Federal Register citation], 

11/7/2023.

Disapproval of contingency 

measures. RACM and attainment demonstration withdrawn. 

*******

[FR Doc. 2023–24230 Filed 11–6–23; 8:45 am] 

BILLING CODE 6560–50–P 

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 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; final post-delisting 

monitoring plans. 

SUMMARY: 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 

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: 

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 

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 


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