57496 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS—Continued 

[See notes at end of table] 

State citation Title/Subject 

Date 

submitted by 

State 

Date 

approved by 

EPA 

Federal Register 

citation 52.1120(c) Comments/unapproved sections 

310 CMR 7.29 .. Emission Standards for Power 

Plants.

8/9/2012 9/19/13 [Insert Federal 

Register page 

number where 

the document 

begins].

137 Facility specific Emission Control 

Plan for Salem Harbor Station 

Units 1, 2, 3, and 4 which limits 

NOX emissions from Unit 1 to 276 

tons per rolling 12 month period 

starting 1/1/2012, limits NOX

emissions for Unit 2 to 50 tons 

per rolling 12 month period starting 1/1/2012, limits SO2 emissions 

form Unit 2 to 300 tons per rolling 

12 month period starting 1/1/2012, 

shuts down units 3 and 4 effective 

6/1/2014. 

* * * * * * * 

Notes: 

1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 

2. The regulations are effective statewide unless otherwise stated in comments or title section. 

[FR Doc. 2013–22692 Filed 9–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0475; FRL–9901–06– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado Second Ten-Year PM10

Maintenance Plan for Aspen 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking final action 

approving State Implementation Plan 

(SIP) revisions submitted by the State of 

Colorado. On May 25, 2011, the 

Governor of Colorado’s designee 

submitted to EPA a revised maintenance 

plan for the Aspen area for the National 

Ambient Air Quality Standards 

(NAAQS) for particulate matter with an 

aerodynamic diameter less than or equal 

to 10 microns (PM10), which was 

adopted by the State on December 16, 

2010. 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. In addition, EPA is 

approving the revised maintenance 

plan’s 2023 transportation conformity 

motor vehicle emissions budget for 

PM10. This action is being taken under 

sections 110 and 175A of the CAA. 

DATES: This rule is effective on 

November 18, 2013 without further 

notice, unless EPA receives adverse 

comment by October 21, 2013. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2012–0475, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: ostigaard.crystal@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, U.S. Environmental Protection 

Agency (EPA), Region 8, Mailcode 8P– 

AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129. Such 

deliveries are only accepted Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding Federal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2012– 

0475. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA, without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http://


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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57497 

1 In this case, the initial maintenance period 

described in CAA section 175A(a) was required to 

extend for at least 10 years after the redesignation 

to attainment, which was effective on July 14, 2003. 

See 68 FR 26212. So the first maintenance plan was 

required to show maintenance at least through 

2013. CAA section 175A(b) requires that the second 

10-year maintenance plan maintain the NAAQS for 

‘‘10 years after the expiration of the 10-year period 

referred to in [section 175A(a)].’’ Thus, for the 

Aspen area, the second 10-year period ends 2023. 

2An exceedance is defined as a daily value that 

is above the level of the 24-hour standard, 150 mg/ 

m3, after rounding to the nearest 10 mg/m3 (i.e., 

values ending in five or greater are to be rounded 

up). Thus, a recorded value of 154 mg/m3 would not 

be an exceedance since it would be rounded to 150 

mg/m3; whereas, a recorded value of 155 mg/m3

would be an exceedance since it would be rounded 

to 160 mg/m3. See 40 CFR part 50, appendix K, 

section 1.0. 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly-available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the Air Program, U.S. Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 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, 

ostigaard.crystal@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 initials APCD mean or refer to 

the Colorado Air Pollution Control 

Division. 

(iii) The initials AQCC mean or refer 

to the Colorado Air Quality Control 

Commission. 

(iv) The initials AQS mean or refer to 

the EPA Air Quality System database. 

(v) The words Colorado and State 

mean or refer to the State of Colorado. 

(vi) The initials CDPHE mean or refer 

to the Colorado Department of Public 

Health and Environment. 

(vii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(viii) The initials MVEB mean or refer 

to motor vehicle emissions budget. 

(ix) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standard. 

(x) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than or equal to 10 

micrometers (coarse particulate matter). 

(xi) The initials RTP mean or refer to 

the Regional Transportation Plan. 

(xii) The initials SIP mean or refer to 

State Implementation Plan. 

(xiii) The initials TIP mean or refer to 

the Transportation Improvement 

Program. 

(xiv) The initials TSD mean or refer to 

technical support document. 

Table of Contents 

I. General Information 

II. Background 

III. What was the State’s process? 

IV. EPA’s Evaluation of the Revised Aspen 

PM10 Maintenance Plan 

V. Final Action 

VI. Statutory and Executive Order Reviews 

I. General Information 

1. Submitting CBI. Do not submit CBI 

to EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

a. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

b. Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

c. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

d. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

e. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

f. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

g. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

h. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The Aspen area was designated 

nonattainment for PM10 and classified 

as moderate by operation of law upon 

enactment of the CAA Amendments of 

1990. See 56 FR 56694, 56705, 56736 

(November 6, 1991). EPA fully approved 

Colorado’s nonattainment area SIP for 

the Aspen area on September 14, 1994 

(59 FR 47088). 

On November 9, 2001, the Governor 

of Colorado submitted a request to EPA 

to redesignate the Aspen moderate PM10

nonattainment area to attainment for the 

1987 PM10 NAAQS. Along with this 

request, the State submitted a 

maintenance plan, which demonstrated 

that the area would continue to attain 

the PM10 NAAQS through 2015. EPA 

approved the Aspen maintenance plan 

and redesignation to attainment on May 

15, 2003 (68 FR 26212). 

Eight years after an area is 

redesignated to attainment, CAA section 

175A(b) requires the state to submit a 

subsequent maintenance plan to EPA, 

covering a second 10-year period.1 This 

second 10-year maintenance plan must 

demonstrate continued maintenance of 

the applicable NAAQS during this 

second 10-year period. To fulfill this 

requirement of the Act, the Governor of 

Colorado’s designee submitted the 

second 10-year update of the PM10

maintenance plan to EPA on May 25, 

2011 (hereafter; ‘‘revised Aspen PM10

Maintenance Plan’’). 

As described in 40 CFR 50.6, the level 

of the national primary and secondary 

24-hour ambient air quality standards 

for PM10 is 150 micrograms per cubic 

meter (mg/m3). An area attains the 24- 

hour PM10 standard when the expected 

number of days per calendar year with 

a 24-hour concentration in excess of the 

standard (referred to herein as 

‘‘exceedance’’), as determined in 

accordance with 40 CFR part 50, 

appendix K, is equal to or less than one, 

averaged over a three-year period.2 See 


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57498 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 

40 CFR 50.6 and 40 CFR part 50, 

appendix K. 

Table 1 below shows the maximum 

monitored 24-hour PM10 values for the 

Aspen PM10 maintenance area for 2004 

through 2012. The table reflects that the 

values for the Aspen area are well below 

the PM10 NAAQS standard of 150 mg/

m3. 

TABLE 1—ASPEN PM10 MAXIMUM 24- 

HOUR VALUES BASED ON DATA

FROM 120 MILL STREET, AQS IDENTIFICATION NUMBER 08–097–0006 

Year Maximum value 

(μg/m3) 

2004 .................................. 65 

2005 .................................. 51 

2006 .................................. 57 

2007 .................................. 79 

2008 .................................. 65 

2009 .................................. 47 

2010 .................................. 70 

2011 .................................. 51 

2012 .................................. 87 

Table 2 below shows the estimated 

number of exceedances for the Aspen 

PM10 maintenance area for the threeyear periods of 2004 through 2006, 2005 

through 2007, 2006 through 2008, 2007 

through 2009, 2008 through 2010, 2009 

through 2011, and 2010 through 2012. 

The table reflects continuous attainment 

of the PM10 NAAQS. 

TABLE 2—ASPEN PM10 ESTIMATED

EXCEEDANCES BASED ON DATA

FROM 120 MILL STREET, AQS IDENTIFICATION NUMBER 08–097–0006 

Design value period 

3-Year estimated 

number of 

exceedances 

2004–2006 ........................ 0 

2005–2007 ........................ 0 

2006–2008 ........................ 0 

2007–2009 ........................ 0 

2008–2010 ........................ 0 

2009–2011 ........................ 0 

2010–2012 ........................ 0 

III. What was the State’s process? 

Section 110(a)(2) of the CAA requires 

that a state provide reasonable notice 

and public hearing before adopting a 

SIP revision and submitting it to EPA. 

The Colorado Air Quality Control 

Commission (AQCC) held a public 

hearing for the revised Aspen PM10

Maintenance Plan on December 16, 

2010. The AQCC approved and adopted 

the revised Aspen PM10 Maintenance 

Plan directly after the hearing. The 

Governor’s designee submitted the 

revised plan to EPA on May 25, 2011. 

We have evaluated the revised 

maintenance plan and have determined 

that the State met the requirements for 

reasonable public notice and public 

hearing under section 110(a)(2) of the 

CAA. On November 25, 2011, by 

operation of law under CAA section 

110(k)(1)(B), the revised maintenance 

plan was deemed to have met the 

minimum ‘‘completeness’’ criteria 

found in 40 CFR part 51, appendix V. 

IV. EPA’s Evaluation of the Revised 

Aspen PM10 Maintenance Plan 

The following are the key elements of 

a Maintenance Plan for PM10: Emission 

Inventory, Maintenance Demonstration, 

Monitoring Network/Verification of 

Continued Attainment, Contingency 

Plan, and Motor Vehicle Emission 

Budget for PM10. Below, we describe our 

evaluation of these elements as they 

pertain to the revised Aspen PM10

Maintenance Plan. 

A. Emission Inventory 

The revised Aspen PM10 Maintenance 

Plan includes three inventories of daily 

PM10 emissions for the Aspen area; they 

are for 2008, 2015 and 2023. The Air 

Pollution Control Division (APCD) 

developed these emission inventories 

using EPA-approved emissions 

modeling methods and updated 

transportation and demographics data. 

Each emission inventory is a list, by 

source category, of the air contaminants 

directly emitted into the Aspen PM10

maintenance area. A more detailed 

description of the 2008, 2015 and 2023 

inventories and information on model 

assumptions and parameters for each 

source category are contained in the 

State’s PM10 Maintenance Plan 

Technical Support Document (TSD). 

Included in all the inventories are 

highway vehicle exhaust, road dust, 

commercial cooking, construction, fuel 

combustion, non-road sources, structure 

fires, and woodburning. We find that 

Colorado has prepared adequate 

emission inventories for the area. 

B. Maintenance Demonstration 

The revised Aspen PM10 Maintenance 

Plan uses emission roll-forward 

modeling to demonstrate maintenance 

of the 24-hour PM10 NAAQS through 

2023. Using the 2008 and 2023 

emissions inventories, the State first 

determined the projected growth in 

PM10 emissions from the 2008 base year 

to the 2023 maintenance year. The State 

estimated that emissions would increase 

from 1,231.2 pounds per day in 2008 to 

1,593.0 pounds per day in 2023. This 

represents an increase of 29.4 percent. 

The State then applied this percentage 

increase to the design day concentration 

of 79 mg/m3, which was the highest 24- 

hour maximum PM10 value recorded in 

Aspen from 2006–2008. This resulted in 

an estimated maximum 24-hour PM10

concentration in 2023 of 102.2 mg/m3. 

This is well below the 24-hour PM10

NAAQS of 150 mg/m3. 

C. Monitoring Network/Verification of 

Continued Attainment 

In the revised Aspen PM10

Maintenance Plan, the State commits to 

continue to operate an air quality 

monitoring network in accordance with 

40 CFR part 58 to verify continued 

attainment of the PM10 NAAQS. This 

includes the continued operation of a 

PM10 monitor in the Aspen area, which 

the State will rely on to track PM10

emissions in the maintenance area. 

Based on the above, we are approving 

these commitments as satisfying the 

relevant requirements. These 

commitments are similar to those we 

approved in the original maintenance 

plan. 

D. Contingency Plan 

Section 175A(d) of the CAA requires 

that a maintenance plan include 

contingency provisions to promptly 

correct any violation of the NAAQS that 

occurs after redesignation of an area. To 

meet this requirement the State has 

identified appropriate contingency 

measures along with a schedule for the 

development and implementation of 

such measures. 

As stated in the revised Aspen PM10

Maintenance Plan, exceedances trigger 

one level of response and violations 

trigger another. If there is an 

exceedance, APCD and local 

government staff will develop 

appropriate contingency measures 

intended to prevent or correct a 

violation of the PM10 standard. The 

APCD and local government staff will 

consider relevant information about 

historical exceedances, meteorological 

data, the most recent estimates of 

growth and emissions, and whether the 

exceedance might be attributed to an 

exceptional event. The maintenance 

plan indicates that the State will 

generally notify EPA and local 

governments in the Aspen area within 

30 days of the exceedance, but in no 

event later than 45 days. The process for 

exceedances will be completed within 

six months of the exceedance 

notification. 

If a violation of the PM10 NAAQS has 

occurred, a public hearing process at the 

State and local level will begin. If the 

AQCC agrees that the implementation of 

local measures will prevent further 

exceedances or violations, the AQCC 

may endorse or approve the local 


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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 57499 

3 ‘‘Companion Guidance for the July 1, 2004 Final 

Transportation Conformity Rule, Conformity 

Implementation in Multi-Jurisdictional 

Nonattainment and Maintenance Areas for Existing 

and New Air Quality Standards’’ (EPA420–B–04– 

012 July, 2004). 

4 In a Federal Register notice dated May 25, 2012, 

we notified the public of our finding (see 77 FR 

31351). This adequacy determination became 

effective on June 11, 2012. 

measures without adopting State 

requirements. If, however, the AQCC 

finds locally adopted contingency 

measures to be inadequate, the AQCC 

will adopt State enforceable measures as 

deemed necessary to prevent additional 

exceedances or violations. The State 

commits to adopt and implement any 

necessary contingency measures within 

one year after a violation occurs. 

The State indentifies the following as 

potential contingency measures in the 

revised Aspen PM10 Maintenance Plan: 

(1) Increased street sweeping 

requirements; (2) more stringent street 

sand specifications; (3) reduce the use of 

street sanding materials only to key 

areas selected by the City of Aspen for 

safety reasons; (4) re-implementing the 

following measures that were removed 

from the federally-approved plan prior 

to the approval of the first maintenance 

plan (but only if they are not being 

implemented at the time the 

contingency measures are triggered): 

Expansion of the bus fleet by 14 buses, 

establishment of 400 Park ’n Ride lot 

spaces and a 250-space intercept 

parking lot, and establishment of 

intercept lot and cross-town shuttle 

services; (5) transportation control 

measures designed to reduce vehicle 

miles traveled; and (7) other emission 

control measures appropriate for the 

area based on consideration of cost 

effectiveness, PM10 emission reduction 

potential, economic and social 

considerations, or other factors. 

We find that the contingency 

measures provided in the revised Aspen 

PM10 Maintenance Plan are sufficient 

and meet the requirements of section 

175A(d) of the CAA. 

E. Transportation Conformity 

Requirements: Motor Vehicle Emission 

Budget for PM10

Transportation conformity is required 

by section 176(c) of the CAA. EPA’s 

conformity rule at 40 CFR 93 requires 

that transportation plans, programs, and 

projects conform to SIPs and establishes 

the criteria and procedures for 

determining whether or not they 

conform. Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. To 

effectuate its purpose, the conformity 

rule requires a demonstration that 

emissions from the Regional 

Transportation Plan (RTP) and the 

Transportation Improvement Program 

(TIP) are consistent with the motor 

vehicle emissions budget(s) (MVEB(s)) 

contained in a control strategy SIP 

revision or maintenance plan (40 CFR 

93.101, 93.118, and 93.124). A MVEB is 

defined as the level of mobile source 

emissions of a pollutant relied upon in 

the attainment or maintenance 

demonstration to attain or maintain 

compliance with the NAAQS in the 

nonattainment or maintenance area. 

Further information concerning EPA’s 

interpretations regarding MVEBs can be 

found in the preamble to EPA’s 

November 24, 1993, transportation 

conformity rule (see 58 FR 62193– 

62196). 

The revised Aspen PM10 Maintenance 

Plan contains a single MVEB of 1,146 

lbs/day of PM10 for the year 2023, the 

maintenance year. Once the State 

submitted the revised plan with the 

2023 MVEB to EPA for approval, 40 CFR 

93.118 required that EPA determine 

whether the MVEB was adequate. 

Our criteria for determining whether 

a SIP’s MVEB is adequate for conformity 

purposes are outlined in 40 CFR 

93.118(e)(4), which was promulgated 

August 15, 1997 (see 62 FR 43780). Our 

process for determining adequacy is 

described in our July 1, 2004 

Transportation Conformity Rule 

Amendments (see 69 FR 40004) and in 

relevant guidance.3 We used these 

resources in making our adequacy 

determination described below. 

On June 20, 2011, EPA announced the 

availability of the revised Aspen PM10

Maintenance Plan, and the PM10 MVEB, 

on EPA’s transportation conformity 

adequacy Web site. EPA solicited public 

comment on the MVEB, and the public 

comment period closed on July 20, 

2011. We did not receive any comments. 

This information is available at EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/currsips.htm#aspen. 

By letter to the Colorado Department 

of Public Health and Environment 

(CDPHE) dated August 11, 2011, EPA 

found that the revised Aspen PM10

Maintenance Plan and the 2023 PM10

MVEB were adequate for transportation 

conformity purposes.4 However, we 

noted in our letter that the revised 

Aspen PM10 Maintenance Plan did not 

discuss the PM10 MVEB for 2015 of 

16,244 lbs/day from the original PM10

maintenance plan that EPA approved in 

2003 (see 68 FR 26212, May 15, 2003). 

According to 40 CFR 93.118(e)(1), the 

EPA-approved 2015 PM10 MVEB must 

continue to be used for analysis years 

2015 through 2022 (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 2015 PM10 MVEB and EPA approves 

the SIP revision. This is because the 

revised Aspen PM10 Maintenance Plan 

did not revise the previously approved 

2015 PM10 MVEB nor establish a new 

MVEB for 2015. Accordingly, the MVEB 

‘‘. . . for the most recent prior year 

. . .’’ (i.e., 2015) from the original 

maintenance plan must continue to be 

used (see 40 CFR 93.118(b)(1)(ii) and 

(b)(2)(iv)). 

We note that there is a considerable 

difference between the 2023 and 2015 

budgets—1,146 lbs/day versus 16, 244 

lbs/day. This is largely an artifact of 

changes in the methods, models, and 

emission factors used to estimate mobile 

source emissions. The 2023 MVEB is 

consistent with the State’s 2023 

emissions inventory for vehicle exhaust 

and road dust, and, thus, is consistent 

with the State’s maintenance 

demonstration for 2023. 

The discrepancy between the 2015 

and 2023 MVEBs is not a significant 

issue for several reasons. As a practical 

matter, the 2023 MVEB of 1,146 lbs/day 

of PM10 would be controlling for any 

conformity determination involving the 

relevant years because conformity 

would have to be shown to both the 

2015 MVEB and the 2023 MVEB. Also, 

for any maintenance plan, like the 

revised Aspen PM10 Maintenance Plan, 

that only establishes a MVEB for the last 

year of the maintenance plan, 40 CFR 

93.118(b)(2)(i) requires that the 

demonstration of consistency with the 

budget be accompanied by a qualitative 

finding that there are no factors that 

would cause or contribute to a new 

violation or exacerbate an existing 

violation in the years before the last year 

of the maintenance plan. Therefore, 

when a conformity determination is 

prepared which assesses conformity for 

the years before 2023, the 2023 MVEB 

and the underlying assumptions 

supporting it would have to be 

considered. Finally, 40 CFR 93.110 

requires the use of the latest planning 

assumptions in conformity 

determinations. Thus, the most current 

motor vehicle and road dust emission 

factors would need to be used, and we 

expect the analysis would show greatly 

reduced PM10 motor vehicle and road 

dust emissions from those calculated in 

the first maintenance plan. In view of 

the above, EPA is approving the 2023 

PM10 MVEB of 1,146 lbs/day. 


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57500 Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations 

V. Final Action 

We are approving the revised Aspen 

PM10 Maintenance Plan that was 

submitted to us on May 25, 2011. We 

are approving the revised maintenance 

plan because it demonstrates 

maintenance through 2023 as required 

by CAA section 175A(b), retains the 

control measures from the initial PM10

maintenance plan that EPA approved in 

May of 2003, and meets other CAA 

requirements for a section 175A 

maintenance plan. Our approval 

includes approval of the revised 

maintenance plan’s 2023 transportation 

conformity MVEB for PM10 of 1,146 lbs/ 

day.

VI. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule as meeting Federal 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children From 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission; 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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. section 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 November 18, 

2013. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, PM10, Incorporation 

by reference, Intergovernmental 

relations, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: August 28, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52 [AMENDED] 

■ 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 (r) to read as follows: 

§ 52.332 Control strategy: Particulate 

Matter. 

* * * * * 

(r) Revisions to the Colorado State 

Implementation Plan, PM10 Revised 

Maintenance Plan for Aspen, as adopted 

by the Colorado Air Quality Control 

Commission on December 16, 2010, 

State effective on March 1, 2011, and 

submitted by the Governor’s designee 

on May 25, 2011. The revised 

maintenance plan satisfies all applicable 

requirements of the Clean Air Act. 

[FR Doc. 2013–22733 Filed 9–18–13; 8:45 am] 

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