Approval and Promulgation of Air Quality Implementation Plans; State of Colorado; Second Ten-Year PM10, 13256-13258 [2014-05009]

Download as PDF 13256 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart EE—New Hampshire 2. Section 52.1528 is amended by adding paragraph (e) to read as follows: ■ § 52.1528 Control strategy: Carbon monoxide. * * * * * (e) Approval—On August 1, 2012, the New Hampshire Department of Environmental Services submitted modifications to the Manchester and Nashua maintenance plans approved in paragraph (b) and (c) respectively of this section. The Manchester and Nashua current carbon monoxide maintenance plans are both converted to limited maintenance plans for the remainder of their second-ten year maintenance periods which terminate on January 29, 2021. Future carbon monoxide transportation conformity evaluations for Manchester and Nashua will for the length of their limited maintenance plans be considered to satisfy the regional emissions analysis and ‘‘budget test’’ requirements. In addition, New Hampshire will no longer conduct CO monitoring in Manchester, New Hampshire as addressed in paragraph (d) of this section. The Manchester monitoring site is replaced with the Londonderry Moose Hill station in Londonderry, New Hampshire with triggers to reestablish CO monitoring sites in Manchester and Nashua if elevated CO levels are recorded in Londonderry. [FR Doc. 2014–04948 Filed 3–7–14; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Final rule. pmangrum on DSK3VPTVN1PROD with RULES AGENCY: The Environmental Protection Agency (EPA) is taking final action partially approving and partially disapproving State Implementation Plan (SIP) revisions submitted by the State of SUMMARY: VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 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 24hour 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. This final rule is effective April 9, 2014. DATES: 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 ADDRESSES: PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 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, olson.kyle@epa.gov. 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 E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations 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 24hour 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 pmangrum on DSK3VPTVN1PROD with RULES 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 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. VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 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. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 13257 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 1. The authority citation for Part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart G—Colorado 2. Section 52.332 is amended by adding paragraph (t) to read as follows: ■ § 52.332 matter. * E:\FR\FM\10MRR1.SGM * Control strategy: Particulate * 10MRR1 * * 13258 Federal Register / Vol. 79, No. 46 / Monday, March 10, 2014 / Rules and Regulations (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] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Parts 573, 577, and 579 [Docket No. NHTSA—2012–0068; Notice 4] RIN 2127–AK72 Early Warning Reporting, Foreign Defect Reporting, and Motor Vehicle and Equipment Recall Regulations National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice of Availability of Technical Specifications for Vehicle Identification Number (VIN) Look-up Interface. AGENCY: On January 22, 2014, NHTSA held a public meeting to review and discuss the technical specifications that vehicle manufacturers will need in order to support the VIN-based safety recalls look-up tool that will be housed on the NHTSA Web site www.safercar.gov. Numerous members of the auto industry, as well as consumer advocacy groups, vehicle history service providers, and others attended. This notice announces the availability of the final technical specification for the VIN interface. DATES: March 10, 2014. ADDRESSES: Previously submitted comments and petitions for reconsideration can be found in the docket. For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and follow the online instructions for accessing the docket. You may also visit DOT’s Docket Management Facility, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001 for on-line access to the docket. FOR FURTHER INFORMATION CONTACT: Jennifer Timian, Chief, Recall pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:44 Mar 07, 2014 Jkt 232001 Management Division, National Highway Traffic Safety Administration, telephone 202–366–0209, email jennifer.timian@dot.gov. SUPPLEMENTARY INFORMATION: On August 20, 2013, NHTSA published a final rule requiring certain vehicle manufacturers to allow the secure electronic transfer of manufacturer recall data to NHTSA when a consumer submits VIN information to the agency’s Web site for purposes of learning vehicle recall information. See 78 FR 51382, 51401. This requirement applies to manufacturers who manufacture 25,000 light vehicles annually or 5,000 motorcycles annually. Further information about the requirement to transfer recall data to NHTSA based upon a consumer’s VIN may be found in the August 20, 2013 final rule. In the final rule, NHTSA committed to hosting a public meeting to discuss the technical specification that would facilitate the secure transfer of recall information. That public meeting was held on January 22, 2014, and was attended by vehicle manufacturers, equipment manufacturers, industry trade groups, safety advocates, vehicle history report providers, and members of the public. NHTSA reviewed a VIN look-up tool technical specification document it previously made available to the public for discussion at the meeting, and attendees offered their commentary and suggestions, asked questions, and sought clarification on various points. Based on the information we received from the public meeting, as well as our review of the specifications, we have adjusted the technical specifications and are making available the final technical specifications. We note that these technical specifications may change to address problems, issues or difficulties that arise from time-to-time during the operation of the VIN-look-up tool. In those situations, the agency will provide notice of its remedies to covered manufacturers through EWR and place the technical specifications on the agency’s Web site, www.safercar.gov. The following summarizes the public meeting: 1. Several manufacturers voiced concern regarding server maintenance scheduling and the technical specifications’ instruction for manufacturers to provide information about scheduled server maintenance times to NHTSA. Manufacturers were concerned these set times would not offer enough flexibility to properly maintain their servers. Also, some manufacturers questioned how often PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 their systems were allowed to be off-line for maintenance. The original technical specifications document did not specify how often a manufacturer’s servers must be available for VIN look-up searches. With the revised technical specifications we are announcing today, we are discarding defined maintenance windows in favor of a performancebased requirement. This new requirement is intended to ensure manufacturers’ servers are available to report recall results with regularity and during time frames when U.S. users can be expected to send inquiries through our Web site. We have devised a specific error code to be used if and when a manufacturer’s servers are unable to accept a request so that we can monitor and track performance, and that will also report out a message to the user that the search cannot be completed at that time, and to try again at another time. 2. Some manufacturers suggested that the technical specifications contain optional fields to include their manufacturer-assigned recall numbers and their contact information (such as toll-free numbers and Web site information) for display on any recall results shown on NHTSA’s VIN look-up tool. NHTSA has amended its technical specifications document to add optional data fields to support the transfer of this information. 3. Some manufacturers noted inconsistencies between the information required to be provided on the manufacturer’s Web site (or that of a third party to whom consumers are redirected), See 49 CFR 573.15, and NHTSA’s VIN look-up tool. We have updated the technical specifications to ensure consistency between the two notification systems. 4. Also discussed were the measures for ensuring the secure transfer of information between a manufacturer and the agency. Consistent with the final rule, the technical specifications required use of SSL and unique API keys to ensure VIN requests and responses are encrypted adequately. Use of SSL and unique API keys is consistent with standard security practices. As noted in the earlier technical specifications, NHTSA will also validate VIN requests by requiring a CAPTCHA, or similar user validation, before contacting manufacturer servers for VIN results. Manufacturers with early warning reporting (EWR) accounts may obtain a copy of the VIN look-up interface technical specifications through the agency’s Web site. To obtain the technical specifications, these manufacturers can use their EWR E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 79, Number 46 (Monday, March 10, 2014)]
[Rules and Regulations]
[Pages 13256-13258]
From the Federal Register Online via the Government Printing 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.

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

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, 
olson.kyle@epa.gov.

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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]
BILLING CODE 6560-50-P
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