[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Rules and Regulations]
[Pages 8090-8091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02841]



[[Page 8090]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0833; FRL-9906-35-Region 8]


Approval and Promulgation of Air Quality Implementation Plan; 
State of Colorado Second Ten-Year PM10 Maintenance Plan for 
Telluride

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action approving State Implementation Plan (SIP) revisions submitted by 
the State of Colorado. On March 31, 2010, the designee of the Governor 
of Colorado submitted to EPA a revised maintenance plan for the 
Telluride area for the 24-hour National Ambient Air Quality Standards 
(NAAQS) for particulate matter with an aerodynamic diameter less than 
or equal to 10 microns (PM10), and the SIP was adopted on 
November 19, 2009. As required by Clean Air Act (CAA) section 175A, 
this revised maintenance plan addresses maintenance of the 
PM10 standard for a second 10-year period beyond the area's 
original redesignation to attainment for the PM10 NAAQS. In 
addition, EPA is taking final action approving the revised maintenance 
plan's 2021 transportation conformity motor vehicle emissions budget 
for PM10. Also, we are taking final action to exclude 
exceedances of the PM10 NAAQS that were recorded at the 
Telluride PM10 monitor on April 5, 2010 and April 16, 2013, 
from use in determining whether or not Telluride continues to attain 
the PM10 NAAQS, because they meet the criteria for 
exceptional events caused by high wind natural events. This action is 
being taken under sections 110 and 175A of the CAA.

DATES: This final rule is effective March 13, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0833. All documents in the docket are listed on 
the www.regulations.gov Web site. 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 either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8:00 a.m. 
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Ostigaard, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6602, 
[email protected].

SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words Colorado and State mean or refer to the State of 
Colorado.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials MVEB mean or refer to motor vehicle emissions 
budget.
    (v) The initials NAAQS mean or refer to National Ambient Air 
Quality Standard.
    (vi) The initials NPR mean or refer to a notice of proposed 
rulemaking.
    (vii) The initials PM10 mean or refer to particulate 
matter with an aerodynamic diameter of less than or equal to 10 
micrometers (coarse particulate matter).
    (viii) The initials SIP mean or refer to State Implementation Plan.

Table of Contents

I. Background
II. Final Action
III. Statutory and Executive Orders Review

I. Background

    On November 29, 2013, we published a notice of proposed rulemaking 
(NPR) in which we proposed to approve the revised Telluride 
PM10 Maintenance Plan that Colorado submitted to us on March 
31, 2010. We proposed to approve the revised maintenance plan because 
it demonstrates maintenance through 2021 as required by CAA section 
175A(b), retains the control measures from the initial PM10 
maintenance plan that EPA approved in June of 2001, and meets other CAA 
requirements for a section 175A maintenance plan. We also proposed to 
exclude from use in determining whether or not Telluride continues to 
attain the 24-hour PM10 NAAQS exceedances of the 24-hour 
PM10 NAAQS that were recorded at the Telluride 
PM10 monitor on April 5, 2010 and April 16, 2013 because 
they meet the criteria for exceptional events caused by high wind 
natural events. In addition, we proposed to approve the revised 
maintenance plan's 2021 transportation conformity motor vehicle 
emissions budget (MVEB) for PM10 of 1,108 lbs/day.
    We received no comments regarding our proposed actions and are 
finalizing those actions as proposed. For further details regarding the 
bases for our actions, please see our NPR at 78 FR 71550 (November 29, 
2013).

II. Final Action

    We are approving the revised Telluride PM10 Maintenance 
Plan that was submitted to us on March 31, 2010. We are approving the 
revised maintenance plan because it demonstrates maintenance through 
2021 as required by CAA section 175A(b), retains the control measures 
from the initial PM10 maintenance plan that EPA approved in 
June of 2001, and meets other CAA requirements for a section 175A 
maintenance plan. We are excluding from use in determining whether or 
not Telluride continues to attain the 24-hour PM10 NAAQS 
exceedances of the 24-hour PM10 NAAQS that were recorded at 
the Telluride PM10 monitor on April 5, 2010 and April 16, 
2013 because they meet the criteria for exceptional events caused by 
high wind natural events. We are also approving the revised maintenance 
plan's 2021 transportation conformity MVEB for PM10 of 1,108 
lbs/day.\1\
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    \1\ As noted in our NPR, the 2012 PM10 MVEB of 10,001 
lbs/day from the original PM10 maintenance plan must 
continue to be used for analysis years 2012 through 2020 (as long as 
such years are within the timeframe of the transportation plan), 
unless the State elects to submit a SIP revision to revise the 2012 
PM10 MVEB and EPA approves the SIP revision. 78 FR 71553-
71554.
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III. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal

[[Page 8091]]

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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not 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 Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 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 April 14, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Incorporation by reference, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: January 27, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read 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. Section 52.332 is amended by adding paragraph (s) to read as 
follows:


Sec.  52.332  Control strategy: Particulate Matter.

* * * * *
    (s) Revisions to the Colorado State Implementation Plan, 
PM10 Revised Maintenance Plan for Telluride, as adopted by 
the Colorado Air Quality Control Commission on November 19, 2009, State 
effective on December 30, 2009, and submitted by the Governor's 
designee on March 31, 2010. The revised maintenance plan satisfies all 
applicable requirements of the Clean Air Act.

[FR Doc. 2014-02841 Filed 2-10-14; 8:45 am]
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