Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9697 

Office will issue a notice requiring 

either submission of the additional 

fee(s) or specification of the class(es) to 

which the initial fee(s) should be 

applied. Additional fees may be 

submitted if the requirements of § 7.39 

are met. If the additional fee(s) are not 

submitted within the time period set out 

in the Office action and the class(es) to 

which the original fee(s) should be 

applied are not specified, the Office will 

presume that the fee(s) cover the classes 

in ascending order, beginning with the 

lowest numbered class; 

(e)(1) Specify the goods, services, or 

nature of the collective membership 

organization for which the mark is in 

use in commerce, and/or the goods, 

services, or nature of the collective 

membership organization for which 

excusable nonuse is claimed under 

paragraph (f)(2) of this section; 

(2) Specify the goods, services, or 

classes being deleted from the 

registration, if the affidavit or 

declaration covers fewer than all the 

goods, services, or classes in the 

registration; 

(f)(1) State that the registered mark is 

in use in commerce; or 

(2) If the registered mark is not in use 

in commerce on or in connection with 

all the goods, services, or classes 

specified in the registration, set forth the 

date when such use of the mark in 

commerce stopped and the approximate 

date when such use is expected to 

resume and recite facts to show that 

nonuse as to those goods, services, or 

classes is due to special circumstances 

that excuse the nonuse and is not due 

to an intention to abandon the mark; 

(g) Include one specimen showing 

how the mark is used in commerce for 

each class in the registration, unless 

excusable nonuse is claimed under 

paragraph (f)(2) of this section. When 

requested by the Office, additional 

specimens must be provided. The 

specimen must meet the requirements of 

§ 2.56 of this chapter. 

* * * * * 

(i) Additional requirements for a 

collective mark. In addition to the above 

requirements, a complete affidavit or 

declaration pertaining to a collective 

mark must: 

(1) State that the owner is exercising 

legitimate control over the use of the 

mark in commerce; and 

(2) State the nature of the owner’s 

control over the use of the mark by the 

members in the first affidavit or 

declaration filed under paragraph (a) of 

this section. 

(j) Additional requirements for a 

certification mark. In addition to the 

above requirements, a complete affidavit 

or declaration pertaining to a 

certification mark must: 

(1) Include a copy of the certification 

standards specified in § 2.45(a)(4)(i)(B) 

of this chapter; 

(i) Submitting certification standards 

for the first time. In the first affidavit or 

declaration filed under paragraph (a) of 

this section, include a copy of the 

certification standards; or 

(ii) Certification standards submitted 

in prior filing. If the certification 

standards in use at the time of filing the 

affidavit or declaration have not 

changed since the date they were 

previously submitted to the Office, 

include a statement to that effect; if the 

certification standards in use at the time 

of filing the affidavit or declaration have 

changed since the date they were 

previously submitted to the Office, 

include a copy of the revised 

certification standards; 

(2) State that the owner is exercising 

legitimate control over the use of the 

mark in commerce; and 

(3) Satisfy the requirements of 

§ 2.45(a)(4)(i)(A) and (C) of this chapter. 

Dated: February 10, 2014. 

Michelle K. Lee, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director, 

United States Patent and Trademark Office. 

[FR Doc. 2014–03256 Filed 2–19–14; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0247; FRL–9906–87– 

Region 10] 

Approval and Promulgation of Air 

Quality Implementation Plans: Idaho, 

Northern Ada County PM10 Second 

Ten-Year Maintenance Plan and 

Pinehurst PM10 Contingency Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On March 11, 2013 the Idaho 

Department of Environmental Quality 

(IDEQ) submitted a revised plan for 

particulate matter with an aerodynamic 

diameter less than or equal to ten 

micrometers (PM10) for Northern Ada 

County for the PM10 National Ambient 

Air Quality Standard (NAAQS). This 

revised Maintenance Plan addresses 

maintenance of the PM10 standard for a 

second ten-year period beyond 

redesignation, extends the horizon 

years, and contains revised 

transportation conformity budgets. The 

Environmental Protection Agency (EPA) 

is proposing to approve this State 

Implementation Plan (SIP) revision. The 

EPA is also proposing to approve the 

February 15–16, 2011 high wind 

exceptional event at the Boise Fire 

Station monitor, as well as contingency 

measures for the Pinehurst PM10 Air 

Quality Improvement Plan. The EPA is 

proposing to approve the second tenyear PM10 Maintenance Plan for 

Northern Ada County and the Pinehurst 

PM10 contingency measures under 

section 110 of the Clean Air Act (CAA). 

The EPA is proposing to approve the 

February 2011 exceptional event 

pursuant to 40 CFR 50.14. 

DATES: Written comments must be 

received by March 24, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket Number EPA–R10– 

OAR–2013–0247, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: Edmondson.lucy@epa.gov 

• Mail: Lucy Edmondson, Air Quality 

Planner, Office of Air Waste and Toxics, 

EPA Region 10, Washington Operations 

Office, 300 Desmond Drive SE., Suite 

102, Lacey, WA 98503. 

• Hand Delivery/Courier: Such 

deliveries are accepted Monday through 

Friday, 8 a.m. to 4:55 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2013– 

0247. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

the disclosure of which 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 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means the 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 the EPA, without 

going through 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, the EPA recommends that 


tkelley on DSK3SPTVN1PROD with PROPOSALS
9698 Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 

you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

the disclosure of which 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 

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 6th Ave, Seattle, 

Washington 98101. 

FOR FURTHER INFORMATION CONTACT: 

Lucy Edmondson at (360) 753–9082, 

Edmondson.lucy@epa.gov, or the above, 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Purpose 

II. Background 

III. Current PM10 levels in Ada County 

IV. The EPA’s Evaluation of the Northern 

Ada County PM10 Second Ten-Year 

Maintenance Plan 

V. The EPA’s Evaluation of the February 

2011 Exception Events Request 

VI. The EPA’s Proposed Approval of 

Contingency Measures for the Pinehurst 

PM10 Air Quality Improvement Plan 

VII. Proposed Action 

VIII. Statutory and Executive Order Reviews 

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 ‘‘the EPA,’’ ‘‘we,’’ ‘‘us’’ 

or ‘‘our’’ mean or refer to the 

Environmental Protection Agency. 

(iii) The initials ‘‘NAAQS’’ mean 

National Ambient Air Quality Standard. 

(iv) The initials ‘‘SIP’’ mean or refer 

to State Implementation Plan. 

(v) The word ‘‘State’’ means the State 

of Idaho, unless the context indicates 

otherwise. 

(vi) ‘‘PM10’’ means particulate matter 

with an aerodynamic diameter less than 

or equal to ten micrometers. 

(vii) ‘‘MOVES’’ refers to Motor 

Vehicle Emissions Simulator, the EPA’s 

modeling system for mobile sources. 

I. Purpose 

Section 175A of the CAA requires the 

submission of a second ten-year 

maintenance plan eight years after any 

nonattainment area is redesignated to 

attainment. This rulemaking proposes 

approval of the second ten-year 

maintenance plan submitted by IDEQ 

for the Northern Ada County PM10

attainment/maintenance area, which 

demonstrates continued maintenance of 

the PM10 NAAQS through 2023. In this 

revised maintenance plan, the State has 

updated mobile source PM10 emission 

levels using the Motor Vehicle 

Emissions Simulator model (MOVES), 

updated the transportation projections 

and stationary source inventories, and 

revised the motor vehicle emissions 

budgets (MVEBs). As described below, 

the EPA has determined that the revised 

maintenance plan demonstrates 

continued maintenance of the PM10

NAAQS and meets the requirements of 

sections 110 and 175A of the CAA. In 

addition, the EPA is approving the 

exclusion of data from the high wind 

event of February 15–16, 2011, and the 

Contingency Measures for the Pinehurst 

PM10 Air Quality Improvement Plan. 

II. Background 

Northern Ada County was identified 

as an area of concern for PM10 with the 

promulgation of the PM10 NAAQS in 

1987, and was formally designated as a 

moderate PM10 nonattainment area 

upon passage of the 1990 CAA. Idaho 

developed a SIP and submitted it to the 

EPA in November 1991, later submitting 

revisions in December 1994 and July 

1995. The EPA finalized approval of the 

Northern Ada County PM10 SIP on May 

30, 1996 (61 FR 27019). Idaho submitted 

a maintenance plan and a request to 

redesignate the area to attainment on 

September 27, 2002, and provided 

supplemental information on July 10, 

2003 and July 21, 2003. On October 27, 

2003, the EPA approved the Northern 

Ada County PM10 Maintenance Plan and 

redesignated the area to attainment 

status for PM10 (68 FR 61106). 

In actions dated August 25, 1994 (59 

FR 43475) and May 26, 1995 (60 FR 

27891), the EPA conditionally approved 

the SIP for the Pinehurst, Idaho PM10

nonattainment area. The conditional 

approval concluded that IDEQ had not 

satisfied the requirement for 

contingency measures for both the City 

of Pinehurst and the Pinehurst 

Expansion area. The EPA set a deadline 

of July 20, 1995 for IDEQ to submit the 

required contingency measures. IDEQ 

met the established deadline with its 

submission ‘‘Contingency Measures for 

the Pinehurst PM10 Air Quality 

Improvement Plan,’’ dated July 13, 

1995. 

On September 23, 2013, IDEQ 

submitted documentation in accordance 

with the Exceptional Events Rule (72 FR 

13560) to show that the monitored PM10

values on February 15–16, 2011 at the 

Boise monitor were due to a high wind 

event and resulting dust storm that 

originated in Nevada. 

III. Current PM10 levels in Ada County 

The national primary and secondary 

24-hour ambient air quality standards 

for PM10 are 150 micrograms per cubic 

meter (mg/m3) based on a 24-hour 

average concentration. The standard is 

attained when the expected number of 

days per calendar year with a 24-hour 

concentration above 150 mg/m3 is equal 

to or less than one per year over a three 

year period. The Northern Ada County 

PM10 Second Ten-Year Maintenance 

Plan, submitted by IDEQ on March 11, 

2013, relies on ambient air quality data 

from 2007 through 2011. In addition, we 

have reviewed ambient air quality data 

from 2000 through 2011. With the EPA’s 

December 2013 concurrence on the 

exclusion of data associated with the 

high wind event of February 15–16, 

2011 at the Boise Fire Station Monitor, 

Northern Ada County shows continuous 

attainment of the PM10 NAAQS based 

on the most recent 2000–2012 data 

archived in the EPA’s Air Quality 

System Database (www.epa.gov/ttn/airs/ 

airsaqs/detaildata/AQIindex.htm). 

IV. The EPA’s Evaluation of the 

Northern Ada County PM10 Second 

Ten-Year Maintenance Plan 

The criteria EPA used to review and 

evaluate the maintenance plan are 

derived from the CAA, the General 

Preamble for State Implementation 

Plans (57 FR 13498), and the guidance 

memorandum from John Calcagni, 

Procedures for Processing Requests to 

Redesignate Areas to Attainment, 

September 4, 1992. The following are 

the key elements of a maintenance plan 

for PM10: Emissions Inventory, 

Maintenance Demonstration, 

Monitoring Network/Verification of 

Continued Attainment, Control 

Strategies, Contingency Measures, and 

the Motor Vehicle Emissions Budget for 

PM10 as required for Transportation 

Conformity. Below, we describe our 

evaluation of these elements as they 

pertain to the Northern Ada County 

PM10 Second Ten-Year Maintenance 

Plan. 

A. Emissions Inventory: An emissions 

inventory was prepared for the entirety 

of Ada County for the base year of 2008. 

In addition to the base year 2008 

inventory, emissions forecasts were 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9699 

1On December 23, 2011, IDEQ finalized Tier II 

permit number T2–2009.0105 for certain TASCO 

emission units as part of its Regional Haze Plan. 

The conditions of this permit impose additional 

PM10 reductions from the facility that will benefit 

maintenance of the PM10 NAAQS in Ada County. 

prepared for future year projections for 

2015 and 2023. Using an emissions 

inventory prepared for the entire county 

enabled IDEQ to capture emissions both 

within and outside of the North Ada 

County PM10 Maintenance Area. The 

projections in Table 1 below show that 

direct primary emissions of PM10

increase 27% from 2008 to 2023, while 

the chemical precursors to secondarily 

formed PM10 significantly decrease. The 

largest source of primary PM10 is 

fugitive dust from on-road mobile 

sources and the projected PM10

increases are mostly from projected 

increases in on-road vehicle traffic. We 

find that IDEQ has prepared adequate 

recent and future year emission 

inventories for the area that meet 

Maintenance Plan requirements. 

TABLE 1—ANNUAL EMISSIONS FOR ADA COUNTY

[Tons per year] 

Year PM10 NOx SO2

2008 ............................................................................................................................................. 20,395 14,149 250 

2015 ............................................................................................................................................. 21,756 9,294 151 

2023 ............................................................................................................................................. 25,875 7,207 172 

B. Maintenance Demonstration: The 

EPA-approved Northern Ada County 

First Ten-Year PM10 Maintenance Plan 

used the CAMx photochemical transport 

model to demonstrate maintenance of 

the PM10 standard. IDEQ used a 

photochemical transport model for the 

North Ada County First PM10 Ten-Year 

Maintenance Plan because of concerns 

about secondary production of PM10

from the chemical precursors nitrogen 

oxides (NOX) and sulfur dioxide (SO2) 

and the potential growth in these 

precursor emissions. However, future 

year emissions projections for 2015 and 

2023 now indicate significant 

reductions in NOX and SO2 from 2008 

baseline values, and the PM10 design 

values in Northern Ada County have 

been well below the standard over the 

past decade. The EPA has approved a 

more simplified roll-forward modeling 

approach appropriate for evaluating the 

effects of primary PM10 emissions 

changes on ambient PM10 values in 

Northern Ada County. Use of this more 

simplified roll-forward modeling 

approach is also a conservative 

approach because it does not allow 

credit to be taken for emissions 

reductions in the secondary PM10

precursors NOX and SO2. For the 

Northern Ada County PM10 Second TenYear Maintenance Plan, the roll-forward 

model can be used to conservatively 

estimate whether the PM10

concentrations can be maintained below 

the NAAQS in future years. With the 

exception of the high wind exceptional 

event on February 15–16, 2011 at the 

Boise Fire Station monitor, discussed in 

more detail below, a review of data from 

2000–2011 shows that average PM10

concentrations remain below the 24- 

hour PM10 NAAQS. 

C. Monitoring Network/Verification of 

Continued Attainment: PM10 ambient 

air monitoring in Northern Ada County 

consists of one monitor, operated by 

IDEQ, located at Fire Station #5 at 16th 

and Front Streets in downtown Boise. 

The monitor is a tapered element 

oscillating microbalance (TEOM) 

monitor, which provides continuous, 

real-time direct measurement of PM10

concentrations. The TEOM monitor is 

part of the approved IDEQ monitoring 

network and is operated in accordance 

with 40 CFR Part 58. In its submission, 

IDEQ commits that it will continue to 

operate an appropriate PM10 air quality 

monitor in accordance with 40 CFR Part 

58 to verify continued attainment of the 

PM10 NAAQS. The EPA will continue 

its annual review of the monitoring 

network to ensure ongoing compliance 

with the EPA’s air monitoring 

requirements and continued 

maintenance of the PM10 NAAQS. 

D. Control Strategies: The Northern 

Ada County PM10 Second Ten-Year 

Maintenance Plan includes the 

following control strategies, which are 

the same as those used in the Northern 

Ada County PM10 First Ten-Year 

Maintenance Plan (61 FR 27019): 1) the 

air quality index program through 

which IDEQ provides information on 

the measured and predicted ambient air 

pollution levels along with information 

on mandatory and voluntary open 

burning bans and indoor burning bans; 

2) a residential wood burning program; 

3) an open burning ban; and 4) 

stationary source controls. The 

stationary source controls include 

conditions in Tier II permits for eight 

facilities in the maintenance area, as 

well as The Amalgamated Sugar 

Company (TASCO) factory in Nampa, 

Idaho that is outside the maintenance 

area but was included within the 

original modeling domain. The eight 

facilities are: 

• LP Wood Polymers—(now Fiber 

Composites) 

• Mike’s Sand and Gravel—(now 

Clement’s Concrete) 

• Crookham Company 

• Plum Creek Lumber Company 

• C. Wright Construction 

• Idaho Concrete (3 separate 

facilities) 

The Tier II permits for the eight 

facilities in the maintenance area 

include limits on the potential to emit. 

The Tier II permit for the TASCO 

facility required reductions in PM10

emissions from the facility 1. Retention 

of the Tier II permits maintains these 

control strategies in a manner that is 

consistent with applicable guidance. 

The EPA approved these control 

measures when approving the first TenYear Maintenance plan and they became 

federally enforceable at that time. 

E. Contingency Measures: Section 

175A(d) of the CAA requires that a 

maintenance plan include contingency 

measures to assure that any violation of 

the standard is promptly corrected. 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 Section 8 of 

the Northern Ada County PM10 Second 

Ten-Year Maintenance Plan, the 

contingency measures will be triggered 

by a violation of the PM10 NAAQS. Such 

a violation will prompt IDEQ to 

implement one or more contingency 

measures, as appropriate, to correct the 

violation. Potential contingency 

measures include: (1) adopt local 

ordinances that require covering all 

loads of material that have the potential 

to contribute to particulate matter 

pollution; (2) adopt local ordinances 

that require no track-out onto paved 

roads; (3) adopt local ordinances that 

prohibit burning of outdoor trash; (4) 

eliminate local permits that allow any 

kind of uncontrolled outdoor burning 

not specifically allowed under state 

rules; (5) expand mandatory burning 


tkelley on DSK3SPTVN1PROD with PROPOSALS
9700 Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 

restrictions to include clean-burning 

woodstoves during air quality alerts; (6) 

adopt local ordinances that prohibit 

constructing any unpaved roads, 

driveways or parking lots; (7) revise 

street sweeping plans working with 

local highway districts and the Idaho 

Transportation Department, based on 

the latest traffic data so as to prioritize 

street sweeping efforts to reduce fugitive 

road dust; and (8) analyze the impacts 

from all industrial sources and develop 

potential emission reductions, if 

necessary to maintain attainment, in 

accordance with the rules. In addition, 

IDEQ indicates it may evaluate other 

strategies to address any future 

violations in the most appropriate and 

cost-effective manner possible. We find 

that the contingency measures 

contained in the Northern Ada County 

PM10 Second Ten-Year Maintenance 

Plan are sufficient and meet the 

requirements of Section 175A(d) of the 

CAA. We note the contingency 

measures and methodology to 

implement the measures are the same as 

those we approved in the original SIP 

and the First Ten-Year Maintenance 

Plan. 

F. Transportation Conformity 

Requirements: Motor Vehicle Emission 

Budget for PM10: Under Section 176(c) 

of the CAA, transportation plans, 

programs, and projects in nonattainment 

or maintenance areas that are funded or 

approved under the Federal Transit Act 

must conform to the applicable SIP. In 

short, a transportation plan is deemed to 

conform to the applicable SIP if the 

emissions resulting from 

implementation of that transportation 

plan are less than or equal to the motor 

vehicle emission level established in the 

SIP for the maintenance year and other 

analysis years. In this maintenance plan, 

procedures for estimating motor vehicle 

emissions are well documented. Onroad mobile source emissions were 

calculated using the MOVES model. The 

motor vehicle emission budgets for onroad motor vehicle PM10 emissions in 

Ada County for 2008, 2015, 2023 are 

shown in Table 2, below. 

TABLE 2—MVEBS FOR NORTHERN ADA COUNTY PM10 MAINTENANCE AREA

[Tons per day] 

Budget year PM10 NOX VOC 

2008 ............................................................................................................................................. 31.0 29.5 12.6 

2015 ............................................................................................................................................. 42.9 29.5 12.6 

2023 ............................................................................................................................................. 60.1 34.2 17.2 

On June 6, 2013, the EPA published 

a notice of our finding that the MVEBs 

for PM10, NOX, and volatile organic 

compounds (VOC) for the years 2008, 

2015 and 2023 in the Northern Ada 

County PM10 Second Ten-Year 

Maintenance Plan were adequate for 

transportation conformity purposes. 

This adequacy determination became 

effective on June 21, 2013 (78 FR 

34095). 

V. The EPA’s Evaluation of the 

February 2011 Exceptional Events 

Request 

The EPA is proposing to approve the 

State’s request to exclude data from 

February 15–16, 2011 in determining 

PM10 attainment as a high wind 

exceptional event. The EPA evaluated 

IDEQ’s exceptional event demonstration 

for the flagged values of the 24-hour 

PM10 NAAQS for February 15–16, 2011 

at the monitor in Boise, Idaho, with 

respect to the requirements of the EPA’s 

Exceptional Events Rule (40 CFR 50.14) 

and determined that IDEQ met each 

requirement. The EPA concurred on the 

exceptional event on December 13, 

2013. For further information, refer to 

the State’s Exceptional Event 

demonstration package and EPA’s 

concurrence and analysis located in the 

docket. 

VI. The EPA’s Proposed Approval of 

Contingency Measures for the Pinehurst 

PM10 Air Quality Improvement Plan 

As provided in section 172(c)(9) of the 

CAA, all nonattainment area SIPs that 

demonstrate attainment must include 

contingency measures. Contingency 

measures consist of other available 

measures that are not part of the area’s 

control strategy but are included in the 

plan revision as measures to be 

undertaken if the area fails to make 

reasonable further progress or to attain 

by the applicable attainment date. These 

measures must take effect in any such 

case without further action by the state. 

In response to the EPA’s conditional 

approval of the Pinehurst PM10

nonattainment SIP, IDEQ submitted its 

‘‘Contingency Measures for the 

Pinehurst PM10 Air Quality 

Improvement Plan,’’ specifying the 

contingency measures for the Pinehurst 

PM10 nonattainment area. These 

contingency measures require 

implementation of additional emission 

control actions in the Pinehurst 

residential wood burning program, 

including wood stove replacements, 

voluntary wood stove curtailment, 

public awareness and home 

weatherization. The EPA believes that 

the implementation of these measures, if 

necessary, would provide additional 

reductions of PM10 emissions and 

further attainment of the PM10 NAAQS. 

The Pinehurst PM10 nonattainment area 

has monitored attainment of the PM10

NAAQS since IDEQ submitted the 

contingency measures for EPA’s 

approval in 1995. The EPA is proposing 

to approve these measures as satisfying 

the section 172(c)(9) contingency 

measure requirement for the Pinehurst 

PM10 attainment plan, finalizing our 

approval of the plan. 

VII. Proposed Action 

The EPA is proposing to approve the 

Northern Ada County PM10 Second TenYear Maintenance Plan adopted by 

IDEQ to ensure maintenance of the 

NAAQS for PM10 in Northern Ada 

County for a second ten-year 

maintenance period, to protect the 

health and welfare of the area citizens 

from adverse effects of degraded air 

quality levels. In addition, the EPA is 

proposing to approve the exclusion of 

data from the high wind event of 

February 15–16, 2011, and the 

Contingency Measures for the Pinehurst 

PM10 Air Quality Improvement Plan. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9701 

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 the requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the 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 the EPA notes 

that it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, and 

Reporting and recordkeeping 

requirements. 

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

Dated: January 23, 2014. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2014–03639 Filed 2–19–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0241; FRL–9906–97– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Commercial 

Fuel Oil Sulfur Limits for Combustion 

Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania. This 

revision will implement low sulfur fuel 

oil provisions that will reduce the 

amount of sulfur in fuel oils used in 

combustion units which will aid in 

reducing sulfates that cause decreased 

visibility. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 24, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0241 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0241, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0241. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 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. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 25, 2013, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted a revision to the 

Pennsylvania SIP by adopting revisions 

to 25 Pennsylvania Code (Pa. Code) 

Chapters 121, 123 and 139. This 

revision implements low sulfur fuel oil 

provisions that will reduce the amount 

of sulfur in fuel oils used in combustion 

units and amends associated 

definitions, sampling and test methods, 

and record keeping and recording 

provisions which will aid in reducing 

sulfates that cause decreased visibility. 


tkelley on DSK3SPTVN1PROD with PROPOSALS