[Federal Register Volume 88, Number 89 (Tuesday, May 9, 2023)]
[Rules and Regulations]
[Pages 29827-29835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09229]



[[Page 29827]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2022-0632; EPA-R08-OAR-2022-0857; FRL-10362-02-R8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this final action the Environmental Protection Agency (EPA) 
is addressing all or part of several State Implementation Plan (SIP) 
revisions submitted by the State of Colorado (as explained further in 
this document, we are taking no action on some specific portions of the 
State's submittals). We are approving specified parts of SIP revisions 
submitted by 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. We are also finalizing a limited approval 
and limited disapproval of reasonably available control technology 
(RACT) SIP revisions from submissions made on May 14, 2018, May 8, 
2019, May 13, 2020, March 22, 2021, May 18, 2021, and May 20, 2022. 
Further, we are finalizing a limited conditional approval and limited 
disapproval of additional RACT related SIP submissions made on May 31, 
2017, and May 10, 2019. Finally, in this document, the EPA is notifying 
the public of findings as to certain motor vehicle emissions budgets in 
the DMNFR nonattainment area. This action is being taken under the 
authority of the CAA.

DATES: This rule is effective on June 8, 2023.

ADDRESSES: The EPA has established two dockets for this action under 
Docket ID No. EPA-R08-OAR-2022-0632 and EPA-R08-OAR-2022-0857. 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., 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 https://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6563, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background and rationale for this action are discussed in 
detail in our November 9, 2022 \1\ and December 2, 2022 \2\ proposed 
rules, the associated technical support documents (TSDs), and our 
Response to Comments document for this action. In the proposed rules, 
we proposed to approve and conditionally approve various actions on 
Colorado's SIP revisions that were submitted on May 31, 2017; May 14, 
2018; May 10, 2019; May 13, 2020; March 22, 2021; May 18, 2021; and May 
20, 2022. On November 9, 2022,\3\ we proposed to approve portions of 
Colorado's Serious attainment plan for the 2008 8-hour ozone NAAQS. In 
addition, we proposed to approve the motor vehicle emission budgets and 
revisions to Colorado Regulation Number 7 (Reg. 7) in the State's March 
22, 2021 submittal. We also proposed to approve all other aspects of 
the March 22, 2021 submittal, except for the RACT submission for 
certain sources and enhanced monitoring, which we will be acting on at 
a later date, and for the attainment demonstration and contingency 
measures. We also proposed to approve revisions to Colorado Regulation 
Number 21 (Reg. 21) from the State's May 13, 2020 submittal, and to 
Reg. 7 from the State's May 18, 2021 submittal. Finally, we proposed to 
approve the Reg. 7 revisions from the State's May 14, 2018 and May 13, 
2020 submittals that were conditionally approved on May 13, 2022 and to 
convert that conditional approval to a full approval.\4\
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    \1\ Proposed rule, 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, 87 FR 67617.
    \2\ Proposed rule, Air Plan Conditional Approval; Colorado; 
Revisions to Regulation Number 7 and RACT Requirements for 2008 8-
Hour Ozone Standard for the Denver Metro/North Front Range 
Nonattainment Area, 87 FR 74060.
    \3\ 87 FR 67617.
    \4\ Final rule, Air Plan Conditional Approval; Colorado; 
Revisions to Regulation Number 7 and Oil and Natural Gas RACT 
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 87 FR 29228.
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    On December 2, 2022,\5\ we proposed to conditionally approve 
various revisions to the Colorado SIP that were submitted to the EPA on 
May 31, 2017, and May 10, 2019. In particular, we proposed to 
conditionally approve into the SIP certain Reg. 7 rules as fulfilling 
the requirement to implement RACT for sources that are covered by the 
2008 miscellaneous metal coatings control techniques guidelines (CTG) 
\6\ and for major sources of nitrogen oxides (NOX) located 
in the Moderate DMNFR Area that were not acted on in our July 3, 
2018,\7\ February 24, 2021,\8\ or November 5, 2021 \9\ rulemakings.
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    \5\ 87 FR 74060.
    \6\ Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings, EPA-453/R-08-003, September 2008, available 
at https://www.epa.gov/ground-level-ozone-pollution/control-techniques-guidelines-and-alternative-control-techniques.
    \7\ Final rule, Approval and Promulgation of State 
Implementation Plan Revisions; Colorado; Attainment Demonstration 
for the 2008 8-Hour Ozone Standard for the Denver Metro/North Front 
Range Nonattainment Area, and Approval of Related Revisions, 83 FR 
31068, 31069-31072.
    \8\ Final rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7 and RACT 
Requirements for 2008 8-Hour Ozone Standard for the Denver Metro/
North Front Range Nonattainment Area, 86 FR 11125, 11126-11127.
    \9\ Final rule, Approval and Promulgation of Implementation 
Plans; Colorado; Revisions to Regulation Number 7; Aerospace, Oil 
and Gas, and Other RACT Requirements for the 2008 8-Hour Ozone 
Standard for the Denver Metro/North Front Range Nonattainment Area, 
86 FR 61071, 61072.
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II. Comments

    We received comments on the November 9, 2022 proposal from several 
parties, including Boulder County, the City and County of Broomfield, 
the City and County of Denver, the City of Longmont, and Colorado 
Communities for Climate Action (CC4CA); the Center for Biological 
Diversity, 350 Colorado, the Colorado Chapter of the Sierra Club, the 
National Parks Conservation Association, and Earthworks; individual 
supporters of the Center for Biological Diversity; and from 
participants in a mass mailer campaign. The comments were related to 
compliance with the CAA, disproportionate impacts of ozone, 
approvability of the attainment plan, emission inventories, reasonable 
further progress, motor vehicle emissions budgets, RACT and Reasonably 
Available Control Measures (RACM), suggested control measures, 
enforceability, and CAA section 110(l).

[[Page 29828]]

A summary of the comments and the EPA's responses are provided in the 
Response to Comments document, which is in the docket for this action.

III. Final Action

    This final action includes approvals, limited approvals and limited 
disapprovals, and a limited conditional approval and limited 
disapproval. Below we will explain which type of action we are taking 
on each of the submitted measures that is the subject of this action. 
First, though, we note that we are further evaluating the comments 
received related to the submitted revisions to the State's RACM 
demonstration and RACT emission limits for refinery gas fueled process 
heaters. Therefore, in this final action, the EPA is not acting on the 
following: Reg. 7, Part E, section II.A.4.g.(i) (NOX 
emission limit for refinery fuel gas heaters) from the May 20, 2022 
submittal for process heaters, and RACM from the March 22, 2021 
submittal. The EPA proposed to approve these portions of the respective 
SIP submittals in our November 9, 2022 proposal. These portions of the 
SIP submittals will be acted on at a later date. This final action also 
does not address the submitted attainment demonstration, enhanced 
monitoring, RACM, or contingency measures.
    Below is our explanation of the different elements of this final 
action.

Approvals

    The EPA is approving portions of the 8-Hour Ozone Attainment Plan 
submitted by the State of Colorado for the DMNFR Area on March 22, 
2021, specifically:
     Milestone and future year emission inventories;
     Reasonable further progress (RFP) demonstration;
     Motor vehicle emissions budgets for the 2020 RFP milestone 
year, as shown in Table 4, because they are consistent with the RFP 
demonstration for the 2008 ozone NAAQS finalized for approval herein 
and meet the other criteria in 40 CFR 93.118(e);
     Demonstration that Colorado meets the Clean Fuel Fleet 
Program requirements of CAA section 182(c)(4);
     Motor vehicle inspection/maintenance (I/M) program; and
     Nonattainment new source review (NNSR) program.
    We are also approving SIP revisions to Reg. 7, submitted by the 
State on May 8, 2019, May 13, 2020, March 22, 2021, May 18, 2021, and 
May 20, 2022, as shown in Table 1. Finally, the EPA is approving and 
finding that the motor vehicle emissions budgets \10\ for 
NOX and volatile organic compounds (VOCs) for 2020 in the 
DMNFR area, as well as the northern and southern sub-areas of the DMNFR 
area, submitted with the RFP demonstration in the March 22, 2021 SIP 
submittal, are adequate for transportation conformity purposes. Under 
CAA section 176(c), transportation conformity requires that federally 
supported highway and transit project activities conform to the 
applicable SIP; EPA's transportation conformity regulations establish 
the criteria and procedures for determining whether projects 
conform.\11\ Conformity to a SIP means that transportation activities 
will not produce new air quality violations, worsen existing 
violations, or delay timely attainment of the national ambient air 
quality standards.\12\ The criteria by which we determine whether a 
SIP's motor vehicle emission budgets are adequate for conformity 
purposes are outlined in 40 CFR 93.118(e)(4).\13\ As a result of our 
approval of the budgets and our adequacy finding, the DMNFR area, and 
the area's northern and southern sub-areas, must use the budgets from 
the submitted RFP demonstration for future transportation conformity 
determinations.
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    \10\ See Table 4, below.
    \11\ See 69 FR 40004 (July 1, 2004); 40 CFR part 93, subpart A.
    \12\ See 69 FR at 40005.
    \13\ See also id. at 40038-40047.
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Limited Approvals and Limited Disapprovals

    After evaluating comments received on the proposal for this action, 
we are finalizing a limited approval and limited disapproval of the 
rules submitted by the State on May 14, 2018, May 13, 2020, March 22, 
2021, May 18, 2021, and May 20, 2022, as shown in Table 2, and of the 
RACT categories in Table 3.
    We are also finalizing a limited conditional approval and limited 
disapproval of two RACT submissions related to the miscellaneous metal 
coatings CTG and glass melting furnaces. That part of this action is 
explained separately below.
    We are finalizing a limited approval and limited disapproval of the 
regulations submitted on May 14, 2018, May 13, 2020, March 22, 2021, 
May 18, 2021, and May 20, 2022, because we have determined that they 
strengthen the existing EPA-approved Colorado SIP and are largely 
consistent with the relevant CAA requirements, but that some aspects of 
these rules prevent the EPA from finding that they satisfy all of the 
applicable requirements of the CAA. Specifically, these rules do not 
include sufficient reporting requirements to ensure that citizens will 
be able to enforce the SIP requirements, as is necessary under the CAA 
and EPA regulations.\14\ That is, the regulations in Table 2 require 
facilities to maintain records necessary to establish compliance with 
these rules for a certain period of time and to make them available to 
the state on request. But if there is no requirement for these records 
to be submitted to the state absent a request, then unless the state 
requests the compliance records and then makes them publicly available, 
no parties other than the state or the EPA under its CAA section 114 
authority will have practical access to the basic information necessary 
to determine compliance by the regulated entities under these rules. 
This undermines citizens' ability to participate in the enforcement of 
the SIP as allowed by CAA section 304. As EPA has repeatedly stated, to 
be enforceable, a CAA SIP rule must be legally and practically 
enforceable.\15\ We find that a requirement to provide records to the 
state only on request, without any required periodic reporting to the 
state, is inconsistent with CAA and regulatory requirements for 
enforceability. Therefore, due to the lack of adequate reporting 
requirements (or some equivalent means of ensuring enforceability), the 
EPA is simultaneously finalizing a limited approval and disapproval of 
these rules, as authorized under sections 110(k)(3) and (4) and 301(a). 
This action incorporates the submitted rules into the Colorado SIP.
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    \14\ See 40 CFR 51.211; see also the Response to Comments 
document for additional explanation of the rationale for this 
action.
    \15\ See, e.g., Proposed rule, State Implementation Plans: 
Findings of Substantial Inadequacy and SIP Calls To Amend Provisions 
Applying to Excess Emissions During Periods of Startup, Shutdown, 
and Malfunction, 88 FR 11842 (Feb. 24, 2023) (noting ``requirement 
that all SIP provisions be legally and practically enforceable by 
states, the EPA and parties with standing under the citizen suit 
provision'' of the CAA).
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    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

[[Page 29829]]

date of this limited 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 limited 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 limited disapproval 
action.
    Note that the submitted rules have been adopted by the Colorado Air 
Quality Control Commission (AQCC), and the EPA's final limited 
disapproval does not prevent the State from enforcing these rules. The 
limited disapproval also does not prevent any portion of the rules from 
being incorporated by reference into the federally enforceable SIP, as 
discussed in the July 9, 1992 EPA memo found at: https://www.epa.gov/sites/production/files/2015-07/documents/procsip.pdf.

Limited Conditional Approval and Limited Disapproval

    We are finalizing a limited conditional approval and a limited 
disapproval of SIP submissions that were made on May 31, 2017, and May 
10, 2019, respectively addressing RACT for the miscellaneous metal 
coatings CTG and glass melting furnaces. See Table 3. This section will 
first explain the conditional nature of this approval, and then explain 
the limited approval/disapproval.
    We are conditionally approving these rules based on the State's 
October 13, 2022, letter committing to make specified revisions to the 
rules for miscellaneous metal coatings that were part of the May 31, 
2017 submission, and to the rules for glass melting furnaces that were 
part of the May 10, 2019 submission. This commitment to further 
revisions was necessary because on reviewing these RACT rules the EPA 
had identified certain deficiencies. Under section 110(k)(4) of the 
Act, the EPA may conditionally approve a deficient SIP revision based 
on a commitment by a state to adopt specific enforceable measures by a 
date certain, but not later than one year after the date of conditional 
approval of the plan revision. As to these miscellaneous metal coatings 
and glass melting furnaces rules, on October 13, 2022, Colorado 
submitted a letter \16\ committing to adopt and submit specific 
revisions by June 30, 2023.\17\ Specifically, the State committed to 
adopt and submit additional VOC coating content limits, associated work 
practices, definitions, recordkeeping, and recording requirements for 
motor vehicle materials; to submit a negative declaration (that is, a 
certification that there are no covered sources in the area) for 
pleasure craft surface coatings; and to adopt and submit NOX 
emission limits for glass melting furnaces at major sources.\18\ We 
find that the letter includes the necessary commitments to allow us to 
conditionally approve these rules.
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    \16\ The letter is dated October 13, 2022 and was received on 
October 14, 2022. See ``Colorado Commitment Letter: 2008 Ozone NAAQS 
Serious SIP,'' email from Jessica Ferko, Planning & Policy Program 
Manager, Colorado Department of Public Health and Environment (in 
the docket).
    \17\ Although CAA section 110(k)(4) allows the EPA to make a 
conditional approval based on a commitment to act within one year of 
the final conditional approval, Colorado has committed to act on a 
much more accelerated schedule.
    \18\ See our proposed conditional approval at 87 FR 74060 for 
additional explanation.
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    Colorado must adopt and submit the specific revisions it has 
committed to by June 30, 2023, in order for the conditional approval 
portion of this action to convert to approval. We note that the 
Colorado AQCC adopted the revisions as outlined in the commitment 
letter on December 16, 2022, and we anticipate that the State will meet 
its deadline to submit these measures as SIP revisions. However, if 
Colorado does not comply with its commitment by June 30, 2023, if we 
find Colorado's SIP submission provided to fulfill the commitment to be 
incomplete, or if we disapprove that SIP submission, the conditional 
approval portion of this action will convert to a disapproval. If any 
of these occur and our conditional approval converts to a disapproval, 
that will constitute a disapproval of a required plan element under 
part D of title I of the Act, which will start an 18-month clock for 
sanctions \19\ and the two-year clock for a FIP.\20\
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    \19\ See CAA section 179(a)(2).
    \20\ See CAA section 110(c)(1)(B).
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    As noted above, this conditional approval is a limited conditional 
approval, and is paired with a limited disapproval. The reason for this 
limited approval and disapproval is the same as explained above under 
the heading ``Limited Approvals and Disapprovals'': some of the rule 
provisions do not require the reporting necessary under the CAA and EPA 
regulations to ensure that citizens will be able to enforce SIP 
requirements. We did not identify these reporting deficiencies until 
after the State had developed proposed revisions and submitted its 
commitment letter. We have concluded that conditional approval is 
appropriate despite the reporting deficiencies because the State has 
fully addressed the issues discussed in connection with our proposed 
conditional approval action. But we have also concluded that our 
conditional approval must be limited in nature, and must be paired with 
a limited disapproval, because of the separate issues that we later 
identified after reviewing comments received on EPA's November 9, 2022 
proposed action. As explained above, this limited disapproval starts 
the FIP and sanctions clocks associated with disapprovals.
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    \21\ In our proposed rule we inadvertently included Part D, 
section III.C.4.e.(i)(D)(3)(b) as a revision proposed for approval. 
However, this section of Reg. 7 is state-only and thus not included 
in our final action for approval in the SIP.

 Table 1--List of Revisions to Colorado Reg. 7 That the EPA Is Approving
                             in This Action
------------------------------------------------------------------------
 Revised sections in May 8, 2019, May 14, 2018, May 13, 2020, March 22,
      2021, May 18, 2021, and May 20, 2022 submittals for approval
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May 8, 2019 Submittal:
    XVI.D.4.d. (title only).
May 13, 2020, Oil and Gas Submittal:
    Reg. 7, Part D, sections I.D.4 (renumbering), I.F.1. (renumbering),
     and I.J.1.-j. (renumbering).
March 22, 2021 Submittal:
    Part E, sections II.A.1.b., II.A.4., II.A.4.a.(iii), II.A.4.b.(i),
     II.A.6.a.(ii), II.A.6.b.(viii)(B), and III.B.
May 18, 2021 Submittal:
    Reg. 7, Outline of Regulation, Part A, B, C, and D; Part E and Part
     F; Part E, section I.A.3. and I.D.4.-a.(ii) (renumbering).
May 20, 2022 Misc. Metals and Process Heaters Submittal:
    Reg. 7, Part C, section I.A.6.b., Part E, sections II.A.2.e-f.,
     II.A.4.b.(iii), II.A.4.e.(ii), II.A.5.a., II.A.5.b.-(i),
     II.A.5.b.(i)(A)(1)-(ii)(A), II.A.5.b.(ii)(C)-(D),
     II.A.6.b.(viii)(D) and II.A.6.c.(ii).\21\
May 20, 2022 Part D Definitions Submittal:

[[Page 29830]]

 
    Reg. 7, Part D, section III.B.2., III.B.5., III.B.7., III.B.11., and
     III.B.13.
May 20, 2022 Part D Oil and Gas Submittal:
    Reg. 7, Part D, section I.J.1.i.-(D) (renumbering).
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 Table 2--List of Colorado Revisions to Regs. 7 and 21 for Which the EPA
 Is Finalizing a Limited Approval and Limited Disapproval in This Action
------------------------------------------------------------------------
                                                           Reason for
          Submittals              Revised section for        limited
                                   limited approval        disapproval
------------------------------------------------------------------------
May 14, 2018 Submittal........  Reg. 7, Part D,         No requirements
                                 sections XII.J.1.-h.,   within these
                                 XII.J.h.(i)(A)-(D),     provisions to
                                 XII.J.1.i.-j.           submit records
                                                         to the state.
May 13, 2020 Oil and Gas        Reg. 7, Part D,         No requirements
 Submittal.                      sections I.D.-          to submit Reg.
                                 D.3.a.(i), I.D.3.b.-    7, Part D,
                                 b.(i), I.D.3.b.(ii),    section
                                 I.D.3.b.(v),            I.F.1.d. or
                                 I.D.3.b.(vii),          I.F.2.c.(iii)
                                 I.D.3.b.(ix),           records to the
                                 I.E.1.a., I.E.2.-       state.
                                 .c.(ii), I.E.2.c.(iv)-
                                 c.(viii), I.F.1.,
                                 F.2.a., I.F.2.c.-
                                 c.(vi), I.F.3.-3.a,
                                 and I.F.3.c.-c.(i)(C).
May 13, 2020 Reg. 21 Submittal  Reg. 21, Part A,        No requirements
                                 sections I-I.A.1,       within these
                                 I.B.-VI.AAAAAAA.,       provisions to
                                 Part B, sections I.-    submit records
                                 I.A.1., I.B.-VI.TTT.    to the state.
March 22, 2021 Submittal......  Reg. 7, Part C,         No requirements
                                 sections I.O.,          within these
                                 I.O.2., I.O.3.a.,       provisions to
                                 I.O.3.b.-c.,            submit records
                                 I.O.4.a., I.O.5.a.,     to the state.
                                 Part E, sections
                                 II.A.4.a.(iv),
                                 II.A.4.b.(i)(A)(1),
                                 II.A.4.b.(iv),
                                 II.A.4.c.,
                                 II.A.5.c.(i)(A)-(2),
                                 and V.
May 20, 2022 Misc. Metals and   Reg. 7, Part C,         No requirements
 Process Heaters Submittal.      sections I.L.1.a.,      within these
                                 I.L.1.b.(i),            provisions to
                                 I.L.b.(ii),             submit records
                                 I.L.1.b.(iii)-(vii),    to the state.
                                 I.L.1.c.(ii)-(xxvi),
                                 I.L.2.a., I.L.2.b.-
                                 I.L.5.d., Part E,
                                 sections II.A.2.e-f.,
                                 II.A.3.p., II.A.4.,
                                 II.A.4.a.(iv),
                                 II.A.4.g.-(ii)
                                 (except NOX emission
                                 limit for refinery
                                 fuel gas),
                                 II.A.5.a.(i)(A), and
                                 II.A.5.b.(ii)(B).
May 20, 2022 Part D Oil and     Reg. 7, Part D,         No requirements
 Gas Submittal.                  section I.E.3-a.(iii)   within these
                                 and I.J.1.g.-h., and    provisions to
                                 I.J.1.(i)(E)-(F).       submit records
                                                         to the state.
------------------------------------------------------------------------


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    \22\ See 87 FR 29228.

  Table 3--RACT Categories, Final Action, and Corresponding Sections of
                               Submittals
------------------------------------------------------------------------
                                                       Location of RACT
          RACT category              Final action        demonstration
------------------------------------------------------------------------
Storage tanks and centrifugal     Converting          Technical Support
 compressors in the oil and        previous            Document for
 natural gas industry covered by   conditional         Reasonably
 EPA's 2016 Oil and Gas CTG.       approval \22\ to    Available Control
                                   a limited           Technology for
                                   approval and        the Oil and Gas
                                   limited             Industry, Dec.
                                   disapproval         17, 2021
                                   (conversion to      (contained within
                                   approval            the May 20, 2022
                                   appropriate         submittal).
                                   because Colorado
                                   sufficiently
                                   corrected the
                                   deficiency
                                   identified in the
                                   rulemaking
                                   related to the
                                   previous
                                   conditional
                                   approval, but
                                   that approval is
                                   limited because
                                   of a newly
                                   identified issue
                                   separate from the
                                   deficiency that
                                   was identified as
                                   basis for
                                   previous
                                   conditional
                                   approval. The
                                   newly identified
                                   issue concerns
                                   the lack of
                                   requirements
                                   within these
                                   provisions to
                                   submit records of
                                   the inspections
                                   required in Reg.
                                   7, Part D,
                                   section I.E. or
                                   performance tests
                                   required in
                                   I.E.3.a.(iii) and
                                   I.J.i.(i). to the
                                   state.
Combustion equipment at major     Limited approval    Technical Support
 sources (combustion turbines,     and limited         Document for
 combustion equipment at           disapproval         Reasonably
 boilers, lightweight aggregate    because there are   Available Control
 kilns, and natural gas fired      no requirements     Technology for
 process heaters).                 to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal)
                                                       and Technical
                                                       Support Document
                                                       for Reasonably
                                                       Available Control
                                                       Technology for
                                                       Major Sources,
                                                       July 16, 2021
                                                       (contained within
                                                       the May 20, 2022
                                                       submittal).
Combustion equipment at major     Conditional         Technical Support
 sources (glass melting            approval and        Document for
 furnaces).                        disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Draft, October
                                                       31, 2022
                                                       (contained in the
                                                       docket of the
                                                       December 2, 2022
                                                       proposed rule).

[[Page 29831]]

 
Wood coating....................  Limited approval    Technical Support
                                   and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal).
Miscellaneous Metal Coatings,     Limited approval    Technical Support
 Tables 2 and 7 of the CTG.        and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       July 16, 2021
                                                       (contained within
                                                       the May 20, 2022
                                                       submittal).
Miscellaneous Metal Coatings,     Conditional         N/A--In October
 Table 5, Pleasure Craft Surface   approval.           13, 2022
 Coating VOC Content Limits of                         commitment
 the CTG.                                              letter, state
                                                       committed to
                                                       provide negative
                                                       declaration
                                                       (certification
                                                       that there are no
                                                       sources in the
                                                       area).
Miscellaneous Metal Coatings,     Limited             October 13, 2022
 Table 7, Motor Vehicle            conditional         commitment
 Materials VOC Content Limits of   approval and        letter.
 the CTG.                          limited
                                   disapproval
                                   because there are
                                   no requirements
                                   to submit records
                                   to the state.
Foam manufacturing..............  Limited approval    Technical Support
                                   and limited         Document for
                                   disapproval         Reasonably
                                   because there are   Available Control
                                   no requirements     Technology for
                                   to submit records   Major Sources,
                                   to the state.       Dec. 14, 2020
                                                       (contained within
                                                       the March 22,
                                                       2021 submittal).
------------------------------------------------------------------------


 Table 4--Adequate Total Area and Sub-Area 2020 Motor Vehicle Emissions
         Budgets for NOX and VOC in the DMNFR Nonattainment Area
------------------------------------------------------------------------
                                         2020 NOX           2020 VOC
       Area of applicability         emissions (tpd)    emissions (tpd)
------------------------------------------------------------------------
Northern Sub-area.................                9.7                8.2
Southern Sub-area.................               45.0               41.2
                                   -------------------------------------
    Total Nonattainment Area......               54.7               49.4
------------------------------------------------------------------------

IV. Consideration of Section 110(l) of the CAA

    Under section 110(l) of the CAA, the EPA cannot approve a SIP 
revision if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
toward attainment of the NAAQS, or any other applicable requirement of 
the Act. In addition, section 110(l) requires that each revision to an 
implementation plan submitted by a state be adopted by the state after 
reasonable notice and public hearing.
    As further explained in the response to comments document, the 
Colorado SIP revisions that the EPA is approving, conditionally 
approving, and finalizing a limited approval for do not interfere with 
any applicable requirements of the Act. None of the Reg. 7 and Reg. 21 
revisions submitted by the State would be weakening the SIP. Rather, 
the SIP revisions here will be strengthening the SIP. The Response to 
Comments for this action provides a full technical basis for this 
conclusion. Colorado's submittals provide adequate evidence that the 
revisions were adopted after reasonable public notices and hearings. 
Therefore, CAA section 110(l) requirements are satisfied.

V. 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.\23\ There are also census 
block groups within the DMNFR Area that are below the national average 
(33%) poverty level and above the 80th percentile.\24\
---------------------------------------------------------------------------

    \23\ See ``EJSCREEN Maps'' pdf, available within the docket.
    \24\ Id.
---------------------------------------------------------------------------

    This final action approves the majority of the State's ozone 
attainment plan submittal for the DMNFR Area and finalizes a limited 
approval of state rules as meeting RACT and satisfying other CAA 
requirements. 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 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.\25\ We expect that this action and resulting emissions 
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.
---------------------------------------------------------------------------

    \25\ Final rule, 73 FR 16436 (March 12, 2008).

---------------------------------------------------------------------------

[[Page 29832]]

VI. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of 
Colorado AQCC Regulation 7 pertaining to the control of ozone via ozone 
precursors and control of hydrocarbons via oil and gas emissions and 
Regulation 21 pertaining to Control of Volatile Organic Compounds from 
Consumer Products and Architectural and Industrial Maintenance Coatings 
(as specified in Tables 1, 2, and 3 above). The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 8 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, these materials have 
been approved by the EPA for inclusion in the State implementation 
plan, have been incorporated by reference by the EPA into that plan, 
are fully federally enforceable under sections 110 and 113 of the CAA 
as of the effective date of the final rulemaking of the EPA's approval, 
and will be incorporated by reference in the next update to the SIP 
compilation.\26\
---------------------------------------------------------------------------

    \26\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Orders 12866: Regulatory Planning and Executive Order 
13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget for 
review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act. This final action does 
not establish any new information collection requirement apart from 
what is already required by law. This finding relates to the 
requirement in the CAA for states to submit SIPs under CAA section 
182(b) and (c) addressing obligations associated with the 2008 ozone 
NAAQS.

C. Regulatory Flexibility Act (RFA)

    I certify that 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 action 
is disapproving SIP submissions for not containing the necessary 
provisions to satisfy CAA enforceability requirements and related 
regulatory reporting requirements under 40 CFR 51.211.

D. Unfunded Mandates Reform Act of 1995 (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. The action imposes no enforceable duty on any state, 
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the state, on the relationship between 
the National Government and the state, 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 SIP is not approved to 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 and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern 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 it merely disapproves SIP submissions as not containing the 
necessary provisions to satisfy interstate transport requirements under 
CAA section 110(a)(2)(D)(i)(I).

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

    This final action approves parts of Colorado's 2008 ozone Serious 
attainment plan and finalizes a limited approval, limited conditional 
approval, and limited disapproval of various other submissions. As a 
result of EPA's approval, limited conditional approval, limited 
approval, and limited disapproval, Colorado Department of Public Health 
and Environment (CDPHE) is required to undertake additional actions to 
meet CAA requirements. The impact of the limited disapproval is 
described in section III, Limited Approvals and Limited Disapprovals 
and Limited Conditional Approval and Limited Disapproval, of this 
preamble. Information concerning the EPA's efforts to identify 
potential environmental burdens and susceptible populations in the 
DMNFR Area is in our November 9, 2022 proposed rule, 87 FR 67633. This 
action is expected to help ensure that the DMNFR Area meets CAA 
requirements and there is no information in the record indicating that 
this action is expected to have disproportionately high or adverse 
health or environmental effects on a particular group of people.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

L. Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 23, 2016. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements (see section 307(b)(2)).

[[Page 29833]]

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: April 26, 2023.
K.C. Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart G--Colorado

0
2. In Sec.  52.319, revise paragraph (a) to read as follows:


Sec.  52.319  Conditional approval.

    (a) The EPA is making a limited conditional approval and limited 
disapproval of revisions committed to correcting deficiencies 
identified with submissions made on May 31, 2017, and May 10, 2019. The 
conditional approval is based upon the October 13, 2022 commitment from 
the State to submit a SIP revision consisting of rule revisions that 
will cure the identified deficiencies within twelve months after the 
EPA's conditional approval. If the State fails to meet its commitment, 
the conditional approval will be treated as a disapproval with respect 
to the rules and CTG category for which the corrections are not met. 
The following rules are conditionally approved, except as they relate 
to periodic reporting requirements to the state for which we are 
disapproving, because we have determined that the rules strengthen the 
SIP and are largely consistent with the relevant CAA requirements:
    (1) Regulation number 7 (Reg. 7), Part C, section I.P. and Reg. 7, 
Part E, section II.A.4. RACT requirements for the Colorado ozone SIP 
for the ``Control Techniques Guidelines for Miscellaneous Metal and 
Plastic Parts Coatings,'' Tables 5 and 7, EPA453/R08003, September 2008 
and glass melting furnaces.
    (2) [Reserved]
* * * * *

0
3. In Sec.  52.320:
0
a. In the table in paragraph (c):
0
i. Under the center heading ``5 CCR 1001-09, Regulation Number 7, 
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas 
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen 
Oxides), Part C, Surface Coating, Solvents, Asphalt, Graphic Arts and 
Printing, and Pharmaceuticals'', revise the entry ``I. Surface Coating 
Operations''.
0
ii. Under the center heading ``5 CCR 1001-09, Regulation Number 7, 
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas 
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen 
Oxides), Part D, Oil and Natural Gas Operations'', revise the entries 
``I. Volatile Organic Compound Emissions from Oil and Gas Operations'' 
and ``III. Natural Gas-Actuated Pneumatic Controllers Associated with 
Oil and Gas Operations''.
0
iii. Under the center heading ``5 CCR 1001-09, Regulation Number 7, 
Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas 
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen 
Oxides), Part E, Combustion Equipment and Major Source RACT'', revise 
the entries ``I. Control of Emissions from Engines'' and ``II. Control 
of Emissions from Stationary and Portable Engines and Other Combustion 
Equipment in the 8-Hour Ozone Control Area''.
0
iv. Add the center heading ``5 CCR 1001-21, Regulation Number 21, 
Control of Volatile Organic Compounds from Consumer Products and 
Architectural and Industrial Maintenance Coatings'' and the entries 
``I. Applicability'', ``II. Consumer Products'', ``III. Architectural 
and Industrial Maintenance Coatings'', and ``IV. Definitions'' at the 
end of the table, after the entry ``VIII. Steamboat Springs 
PM10 Attainment/Maintenance Area''.
0
b. In the table in paragraph (e):
0
i. Revise the entry ``2008 Ozone Moderate Area Attainment Plan''.
0
ii. Remove the entry ``Reasonably Available Control Technology for the 
2008 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) State 
Implementation Plan (RACT SIP)'' and add the entry ``Reasonably 
Available Control Technology for the 2008 8-Hour Ozone National Ambient 
Air Quality Standard (NAAQS) Moderate State Implementation Plan (RACT 
SIP)'' in its place.
0
iii. Add the entries ``2008 Ozone Serious Area Attainment Plan'' and 
``Reasonably Available Control Technology for the 2008 8-Hour Ozone 
National Ambient Air Quality Standard (NAAQS) Serious State 
Implementation Plan (RACT SIP)'' after the entry ``Ozone (8-hour, 2015) 
DMNFR NNSR Certification''.
    The revisions and additions read as follows:


Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                        State       EPA effective  Final rule citation/
              Title                effective date       date               date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
  Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part C, Surface Coating, Solvents,
                             Asphalt, Graphic Arts and Printing, and Pharmaceuticals
----------------------------------------------------------------------------------------------------------------
I. Surface Coating Operations....       2/14/2021        6/8/2023  [insert Federal      Previous SIP approval 8/
                                                                    Register             5/2011; nonsubstantive
                                                                    citation], 5/9/      changes approved 7/3/
                                                                    2023.                2018; substantive
                                                                                         changes approved 2/24/
                                                                                         2021; nonsubstantive
                                                                                         changes approved 11/5/
                                                                                         2021. Substantive
                                                                                         changes limited
                                                                                         approval/disapproval 5/
                                                                                         9/2023.
 

[[Page 29834]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part D, Oil and Natural Gas Operations
----------------------------------------------------------------------------------------------------------------
I. Volatile Organic Compound            1/30/2022        6/8/2023  [insert Federal      Previous SIP approval 2/
 Emissions from Oil and Gas                                         Register             13/2008. Substantive
 Operations.                                                        citation], 5/9/      changes to section XII;
                                                                    2023.                state-only provisions
                                                                                         excluded, approved 7/3/
                                                                                         2018. Substantive
                                                                                         changes approved 11/25/
                                                                                         2021 except no action
                                                                                         on sections I.D., I.E.,
                                                                                         I.F. and I.J.1.
                                                                                         Conditional approval of
                                                                                         sections I.D., I.E.,
                                                                                         I.F., and I.J.1. 5/13/
                                                                                         2022. Limited approval/
                                                                                         disapproval section
                                                                                         I.D., I.E., I.F., and
                                                                                         I.J.1 5/9/2023.
 
                                                  * * * * * * *
III. Natural Gas-Actuated               2/14/2020        6/8/2023  [insert Federal      Substantive changes to
 Pneumatic Controllers Associated                                   Register             III.-III.B.3.,
 with Oil and Gas Operations.                                       citation], 5/9/      III.B.5., III.B.7.-
                                                                    2023.                III.C.2.c.(ii), III.D.-
                                                                                         III.D.2.b., III.D.3.b.,
                                                                                         and III.E.-III.E.2.c.
                                                                                         approved 11/5/2021.
                                                                                         Revisions to
                                                                                         definitions for
                                                                                         pneumatic controls
                                                                                         approved 5/9/2-23.
----------------------------------------------------------------------------------------------------------------
   5 CCR 1001-09, Regulation Number 7, Control of Ozone Via Ozone Precursors and Hydrocarbons via Oil and Gas
Emissions, (Emissions of Volatile Organic Compounds and Nitrogen Oxides), Part E, Combustion Equipment and Major
                                                   Source RACT
----------------------------------------------------------------------------------------------------------------
I. Control of Emissions from           11/14/2020        6/8/2023  [insert Federal      Previous SIP approval 8/
 Engines.                                                           Register             19/2005 and 12/31/2012;
                                                                    citation], 5/9/      nonsubstantive changes
                                                                    2023.                to sections XVI.A.-C. 7/
                                                                                         3/2018; substantive
                                                                                         changes approved 2/24/
                                                                                         2021, except sections
                                                                                         XVI.D.4.b.(i) and
                                                                                         XVI.D.4.d. section
                                                                                         XVII.E.3.a. from the
                                                                                         Regional Haze SIP
                                                                                         approved in SIP.
                                                                                         Previous SIP approval
                                                                                         12/31/2012;
                                                                                         nonsubstantive changes
                                                                                         approved 2/24/2021 and
                                                                                         11/5/2021. Limited
                                                                                         approval/disapproval 5/
                                                                                         9/2023.
II. Control of Emissions from           2/14/2020        6/8/2023  [insert Federal      Previous SIP approvals 8/
 Stationary and Portable Engines                                    Register             19/2005 and 12/31/2012;
 and Other Combustion Equipment                                     citation], 5/9/      nonsubstantive changes
 in the 8-Hour Ozone Control Area.                                  2023.                to approved 7/3/2018;
                                                                                         substantive changes
                                                                                         approved 2/24/2021
                                                                                         except sections
                                                                                         XVI.D.4.b.(i) and
                                                                                         XVI.D.4.d. Substantive
                                                                                         changes approved 11/5/
                                                                                         2021. Limited approval/
                                                                                         disapproval 5/9/
                                                                                         2023except NOX emission
                                                                                         limits for refinery
                                                                                         fuel heaters in
                                                                                         II.A.4.g.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
      5 CCR 1001-21, Regulation Number 21, Control of Volatile Organic Compounds from Consumer Products and
                                Architectural and Industrial Maintenance Coatings
----------------------------------------------------------------------------------------------------------------
I. Applicability.................      09/14/2019        6/8/2023  [insert Federal      Limited approval/
                                                                    Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
II. Consumer Products............      09/14/2019        6/8/2023  [insert Federal      Limited approval/
                                                                    Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
III. Architectural and Industrial      09/14/2019        6/8/2023  [insert Federal      Limited approval/
 Maintenance Coatings.                                              Register             disapproval 5/9/2023.
                                                                    citation], 5/9/
                                                                    2023.
IV. Definitions..................      09/14/2019        6/8/2023  [Insert Federal      Limited approval/
                                                                    Register citation,   disapproval 5/9/2023.
                                                                    5/9/2023.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                         State       EPA effective   Final rule citation/
               Title                effective date       date                date                 Comments
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                    Maintenance and Attainment Plan Elements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Denver Metropolitan Area
----------------------------------------------------------------------------------------------------------------
 

[[Page 29835]]

 
                                                  * * * * * * *
2008 Ozone Moderate Area                 1/14/2017        8/2/2018  83 FR 31068, 7/3/2018  .....................
 Attainment Plan.
Reasonably Available Control            11/21/2017        6/8/2023  [insert Federal        Except major source
 Technology for the 2008 8-Hour                                      Register citation],    NOX RACT. Previous
 Ozone National Ambient Air                                          5/9/2023.              SIP approvals 7/03/
 Quality Standard (NAAQS) Moderate                                                          2018, 2/24/2021, and
 State Implementation Plan (RACT                                                            11/05/2021. Limited
 SIP).                                                                                      approval/limited
                                                                                            disapproval of RACT
                                                                                            regulations 5/9/
                                                                                            2023.
 
                                                  * * * * * * *
2008 Ozone Serious Area Attainment       2/14/2020        6/8/2023  [insert Federal        Except for
 Plan.                                                               Register citation],    contingency
                                                                     5/9/2023.              measures, RACM,
                                                                                            enhanced monitoring,
                                                                                            and attainment
                                                                                            demonstration.
Reasonably Available Control             2/14/2020        6/8/2023  5/9/2023.............  Limited approval and
 Technology for the 2008 8-Hour                                                             limited disapproval.
 Ozone National Ambient Air
 Quality Standard (NAAQS) Serious
 State Implementation Plan (RACT
 SIP).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2023-09229 Filed 5-8-23; 8:45 am]
BILLING CODE 6560-50-P


