[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13256-13258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-05009]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0834; FRL-9907-57-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action partially approving and partially disapproving State 
Implementation Plan (SIP) revisions submitted by the State of Colorado. 
On March 31, 2010, the Governor of Colorado's designee submitted to EPA 
a revised maintenance plan for the Pagosa Springs area for the National 
Ambient Air Quality Standards (NAAQS) for particulate matter with an 
aerodynamic diameter less than or equal to 10 microns 
(PM10). The State adopted the revised maintenance plan on 
November 19, 2009. As required by Clean Air Act (CAA) section 175A(b), 
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. EPA 
is taking final action approving the revised maintenance plan with the 
exception of one aspect of the plan's contingency measures. EPA's 
approval includes the revised maintenance plan's 2021 transportation 
conformity motor vehicle emissions budget (MVEB) for PM10. 
In taking final action to approve the revised maintenance plan, we are 
taking final action to exclude from use in determining whether or not 
Pagosa Springs continues to attain the 24-hour PM10 NAAQS, 
exceedances of the 24-hour PM10 NAAQS that were recorded at 
the Pagosa Springs PM10 monitor on March 22, 2009, April 3, 
2009, April 5, 2010, April 28, 2010, April 29, 2010, May 11, 2010, and 
May 22, 2010 because the exceedances 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 April 9, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0834. 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: Kyle Olson, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129, (303) 312-6002, 
[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 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 December 27, 2013, we published a notice of proposed rulemaking 
(NPR) in which we proposed to partially approve and partially 
disapprove the revised Pagosa Springs PM10 Maintenance Plan 
that Colorado submitted to us on March 31, 2010. (See 78 FR 78797.) We 
proposed to approve the revised maintenance plan, with the exception of 
one of its listed contingency measures, 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 proposed to disapprove ``voluntary 
coal and/or wood burning curtailment'' as a potential contingency 
measure in section 5.F.3 of the revised Pagosa Springs PM10 
Maintenance Plan. While we have not required that potential contingency 
measures be effective without further action by the state, we interpret 
the CAA as requiring measures

[[Page 13257]]

that will be enforceable. Voluntary measures may not be widely 
implemented and, thus, cannot be relied on to ensure prompt emission 
reductions to correct a violation. We also proposed to exclude from use 
in determining whether or not Pagosa Springs continues to attain the 
24-hour PM10 NAAQS exceedances of the 24-hour 
PM10 NAAQS that were recorded at the Pagosa Springs 
PM10 monitor on March 22, 2009, April 3, 2009, April 5, 
2010, April 28, 2010, April 29, 2010, May 11, 2010, and May 22, 2010 
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 MVEB for 
PM10 of 946 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 78797 (December 27, 
2013).

II. Final Action

    We are approving the revised Pagosa Springs PM10 
Maintenance Plan that was submitted to us on March 31, 2010, with one 
exception. We are disapproving ``voluntary coal and/or wood burning 
curtailment'' as a potential contingency measure in section 5.F.3 of 
the revised Pagosa Springs PM10 Maintenance Plan. We are 
approving the remainder of 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 on June 15, 2001, and meets other 
CAA requirements for a section 175A maintenance plan. We are excluding 
from use in determining that Pagosa Springs continues to attain the 24-
hour PM10 NAAQS exceedances of the 24-hour PM10 
NAAQS that were recorded at the Pagosa Springs PM10 monitor 
on March 22, 2009, April 3, 2009, April 5, 2010, April 28, 2010, April 
29, 2010, May 11, 2010, and May 22, 2010 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 946 lbs/day.\1\
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    \1\ As noted in our NPR, the 2012 PM10 MVEB of 7,486 
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 78801-
78802.
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III. Statutory and Executive Orders Review

    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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 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 CAA; 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 May 9, 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
Organic Compounds.

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

    Dated: February 20, 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 (t) to read as 
follows:


Sec.  52.332  Control strategy: Particulate matter.

* * * * *

[[Page 13258]]

    (t) Revisions to the Colorado State Implementation Plan, Final 
Revised PM10 Maintenance Plan for the Pagosa Springs 
Attainment/Maintenance Area, as adopted by the Colorado Air Quality 
Control Commission on November 19, 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. 2014-05009 Filed 3-7-14; 8:45 am]
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