Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 85511 

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. 

2Final 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. 

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 

* * * * * 

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. 

* * * * * 

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 

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: 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 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. 


khammond on DSKJM1Z7X2PROD with RULES
85512 Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 

3Final 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). 

4See ‘‘EJSCREEN Maps’’ pdf, available within the 

docket. 

5 Id. 

6Final rule, 73 FR 16436 (March 12, 2008). 

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

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

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: 

• 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations 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 

■ 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) * * * 

Title State effective 

date 

EPA effective 

date Final rule citation/date Comments 

*******

Maintenance and Attainment Plan Elements 

*******

Denver Metropolitan Area 

*******

Reasonably Available Control Technology 

for the 2008 8-Hour Ozone National 

Ambient Air Quality Standard (NAAQS) 

Moderate 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. 

* * * * * * * 

Reasonably Available Control Technology 

for the 2008 8-Hour Ozone National 

Ambient Air Quality Standard (NAAQS) 

Serious State Implementation Plan 

(RACT SIP).

2/14/2020 1/8/2024 [insert Federal Register citation], 12/8/ 

2023.

Disapproval of RACT for certain major 

sources of NOX on December 8, 2023. 

* * * * * * * 

[FR Doc. 2023–26949 Filed 12–7–23; 8:45 am] 

BILLING CODE 6560–50–P 


khammond on DSKJM1Z7X2PROD with RULES