8090 Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Rules and Regulations 

1As 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. 

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. 

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, 

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 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

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 


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Federal Register / Vol. 79, No. 28 / Tuesday, February 11, 2014 / Rules and Regulations 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 

■ 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 (s) to read as follows: 

§ 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] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0454; FRL–9904–31] 

Fenpropidin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fenpropidin in 

or on banana. Syngenta, Crop 

Protection, LLC requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 11, 2014. Objections and 

requests for hearings must be received 

on or before April 14, 2014, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0454, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 


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