[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Rules and Regulations]
[Pages 41307-41311]
[FR Doc No: 2013-16506]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0389; FRL-9832-1]

Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Second Ten-Year PM10 Maintenance Plan for
Ca[ntilde]on City

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking final action approving State Implementation Plan
(SIP) revisions submitted by the State of Colorado. On June 18, 2009,
the Governor of Colorado's designee submitted to EPA a revised
maintenance plan for the Ca[ntilde]on City 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 November 20, 2008.
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 also
taking final action approving the revised maintenance plan's 2020
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 September 9, 2013 without further
notice, unless EPA receives adverse comment by August 9, 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-2010-0389, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-Mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER> (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-
2010-0389. 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://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,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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 CDOT mean or refer to the Colorado Department
of Transportation.
    (vii) The initials CDPHE mean or refer to the Colorado
Department of Public Health and Environment.
    (viii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (ix) The initials FHWA mean or refer to the Federal Highway
Administration.
    (x) The initials FTA mean or refer to the Federal Transit
Administration.
    (xi) The initials MVEB mean or refer to motor vehicle emissions
budget.
    (xii) The initials NAAQS mean or refer to National Ambient Air
Quality Standard.
    (xiii) The initials PM10 mean or refer to particulate matter
with an aerodynamic diameter of less than or equal to 10 micrometers
(coarse particulate matter).
    (xiv) The initials RTP mean or refer to the Regional
Transportation Plan.
    (xv) The initials SIP mean or refer to State Implementation
Plan.
    (xvi) The initials TIP mean or refer to the Transportation
Improvement Program.
    (xvii) 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 Ca[ntilde]on City
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 Ca[ntilde]on City 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 approved Colorado's nonattainment area SIP for
the Ca[ntilde]on City PM10 nonattainment area on December
23, 1993 (58 FR 68036) and its PM10 contingency measures SIP
for the area on December 14, 1994 (59 FR 64332).
    On September 22, 1997, the Governor of Colorado submitted a request
to EPA to redesignate the Ca[ntilde]on City 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 was expected to remain in attainment of the
PM10 NAAQS through 2015. EPA approved the Ca[ntilde]on City
maintenance plan and redesignation to attainment on May 30, 2000 (65 FR
34399).
    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 June 18, 2009 (hereafter, ``revised Ca[ntilde]on City
PM10 Maintenance Plan'').
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    \1\ In this case, the initial maintenance period described in
CAA section 175A extended through 2010. Thus, the second 10-year
period extends through 2020.
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    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 ([mu]g/m\3\). 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 40 CFR 50.6 and 40 CFR part 50,
appendix K.
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    \2\ An exceedance is defined as a daily value that is above the
level of the 24-hour standard, 150 [mu]g/m\3\, after rounding to the
nearest 10 [mu]g/m\3\ (i.e., values ending in five or greater are to
be rounded up). Thus, a recorded value of 154 [mu]g/m\3\ would not
be an exceedance since it would be rounded to 150 [micro]g/m\3\;
whereas, a recorded value of 155 [mu]g/m\3\ would be an exceedance
since it would be rounded to 160 [mu]g/m\3\. See 40 CFR part 50,
appendix K, section 1.0.
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    Table 1 below shows the maximum monitored 24-hour PM10
values for the Ca[ntilde]on City PM10 maintenance area for
2004 through 2012. The table reflects that the values for the
Ca[ntilde]on City area are well below the PM10 NAAQS
standard of 150 [mu]g/m\3\.

         Table 1--Ca[ntilde]on City PM10 Maximum 24-Hour Values
   [Based on data from City Hall, 128 Main Street, AQS Identification
                           Number 08-043-0003]
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                                                          Maximum  value
                          Year                             ([mu]g/m\3\)
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2004...................................................             * 17
2005...................................................               33
2006...................................................               54
2007...................................................               31
2008...................................................               54
2009...................................................               38
2010...................................................               31
2011...................................................               71
2012...................................................               61
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* Only operated Oct.-Dec. 2004.

    Table 2 below shows the estimated number of exceedances for the
Ca[ntilde]on City PM10 maintenance area for the three-year
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--Ca[ntilde]on City PM10 Estimated Exceedances
   [Based on data from City Hall, 128 Main Street, AQS Identification
                           Number 08-043-0003]
------------------------------------------------------------------------
                                                              3-Year
                                                            estimated
                  Design value period                       number of
                                                           exceedances
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2004-2006..............................................                0
2005-2007..............................................                0
2006-2008..............................................                0
2007-2009..............................................                0
2008-2010..............................................                0
2009-2011..............................................                0
2010-2012..............................................                0
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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 Ca[ntilde]on City PM10 Maintenance
Plan on November 20, 2008. The AQCC approved and adopted the revised
Ca[ntilde]on City PM10 Maintenance Plan during this hearing.
The Governor's designee submitted the revised plan to EPA on June 18,
2009.
    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 December 18,
2009, 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 Ca[ntilde]on City 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 Transportation Conformity Requirements: Motor Vehicle
Emission Budget for PM10. Below, we describe our evaluation
of these elements as they pertain to the revised Ca[ntilde]on City
PM10 Maintenance Plan.

A. Emission Inventory

    The revised Ca[ntilde]on City PM10 Maintenance Plan
includes two inventories of daily PM10 emissions for the
Ca[ntilde]on City area, one for 2006 and one for 2020. 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 Ca[ntilde]on City PM10 maintenance area. A more detailed
description of the 2006 and 2020 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 both inventories are agriculture, highway vehicle
exhaust, railroads, road dust, commercial cooking, construction, fuel
combustion, non-road sources, structure fires, woodburning, and
stationary sources. We find that Colorado has prepared adequate
emission inventories for the area.

B. Maintenance Demonstration

    The revised Ca[ntilde]on City PM10 Maintenance Plan uses
emission roll-forward modeling to demonstrate maintenance of the 24-
hour PM10 NAAQS through 2020. Using the 2006 and 2020
emissions inventories, the State first determined the projected growth
in PM10 emissions from the 2006 base year to the 2020
maintenance year. The State estimated that emissions would increase
from 2,149.0 pounds per day in 2006 to 2,736.6 pounds per day in 2020.
This represents an increase of 27.3 percent.
    The State then applied this percentage increase to the design day
concentration of 56 [mu]g/m\3\, which was the highest 24-hour maximum
PM10 value recorded in Ca[ntilde]on City from 2005-2007.
This resulted in an estimated maximum 24-hour PM10
concentration in 2020 of 71.3 [mu]g/m\3\. This is well below the 24-
hour PM10 NAAQS of 150 [mu]g/m\3\.
    At EPA's request, the State provided supplemental emissions
inventories in April of 2011. These inventories differ from those in
the revised Ca[ntilde]on City PM10 Maintenance Plan in two
respects. First, they reflect potential point source emissions, not
just projected actual point source emissions. Second, they reflect
annual emissions, not daily.
    EPA requested this information from the State because the original
maintenance plan reviewed the emissions inventories for projected
actual point source emissions and potential point source emissions for
demonstration of maintenance, however, the June 18, 2009 maintenance
plan did not contain the inventory for potential point source
emissions. Therefore, for a complete review of the second 10-year
maintenance plan by EPA this information was needed.
    To further assess the State's maintenance demonstration, we
conducted an additional roll-forward analysis using information from
these inventories. We compared the projected annual inventory for 2020
of 540.85 tons per year of PM10 from all source categories
(which is based on potential emissions from point sources) to the
annual inventory for 2006 for all source categories of 392.11 tons per
year of PM10 (which is based on actual emissions from point
sources) to arrive at a projected increase in area emissions of 37.9%
between 2006 and 2020. We then applied this percentage increase to the
same design day concentration of 56 [mu]g/m\3\ that the State used.
Doing so, we calculated a projected maximum 24-hour PM10
concentration in 2020 of 77.22 [mu]g/m\3\. This value is also well
below the 24-hour PM10 NAAQS of 150 [mu]g/m\3\ and confirms
the State's maintenance demonstration. Thus, the State has adequately
demonstrated that the Ca[ntilde]on City area will maintain the
PM10 NAAQS through 2020.

C. Monitoring Network/Verification of Continued Attainment

    In the revised Ca[ntilde]on City 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 Ca[ntilde]on City area,
which the State will rely on to track PM10 emissions in the
maintenance area. The State also commits to conduct an annual review of
the air quality surveillance system in accordance with 40 CFR 58.20(d)
to determine whether the system continues to meet the monitoring
objectives presented in appendix D of 40 CFR part 58. Additionally, the
State commits to track and document PM10 mobile source
parameters and new and modified stationary source permits. If these and
the resulting emissions change significantly over time, the APCD will
perform appropriate studies to determine: (1) whether additional and/or
re-sited monitors are necessary, and (2) whether mobile and stationary
source emissions projections are on target.
    Based on the above, we are taking final action 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 Ca[ntilde]on City PM10
Maintenance Plan, the contingency measures will be triggered by a
violation of the PM10 NAAQS. However, the maintenance plan
notes that an exceedance of the PM10 NAAQS may initiate a
voluntary, local process by Ca[ntilde]on City and the APCD to identify
and evaluate potential contingency measures.
    Ca[ntilde]on City, in coordination with the APCD, AQCC, and the
Colorado Department of Transportation (CDOT) will initiate a process to
begin evaluating potential contingency measures no more than 60 days
after notification from APCD that a violation of the PM10
NAAQS has occurred. The AQCC will then hold a public hearing to
consider the contingency measures recommended by Ca[ntilde]on City,
APCD and CDOT along with any other contingency measures the AQCC
believes may be appropriate to effectively address the violation. The
State commits to adopt and implement any necessary contingency measures
within one year after a violation occurs.
    The State identifies the following as potential contingency
measures in the revised Ca[ntilde]on City PM10 Maintenance
Plan: (1) Increased street sweeping requirements; (2) expanded,
mandatory use of alternative de-icers; (3) more stringent street sand
specifications; (4) road paving requirements; (5)

woodburning restrictions; (6) re-establishing new source review
permitting requirements for stationary sources; 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
Ca[ntilde]on City 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 part 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). An 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 Ca[ntilde]on City PM10 Maintenance Plan
contains a single MVEB of 1,613 lbs/day of PM10 for the year
2020, the maintenance year. Once the State submitted the revised plan
with the 2020 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.
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    \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).
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    On March 15, 2011, EPA announced the availability of the revised
Ca[ntilde]on City 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 April 14, 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#canon.
    By letter to the Colorado Department of Public Health and
Environment (CDPHE) dated May 4, 2011, EPA found that the revised
Ca[ntilde]on City PM10 Maintenance Plan and the 2020
PM10 MVEB were adequate for transportation conformity
purposes.\4\ However, we noted in our letter that the revised
Ca[ntilde]on City PM10 Maintenance Plan did not discuss the
PM10 MVEB for 2015 of 7,439 lbs/day from the original
PM10 maintenance plan that EPA approved in 2000 (see 65 FR
34399, May 30, 2000).
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    \4\ In a Federal Register notice dated August 2, 2011, we
notified the public of our finding (see 76 FR 46288). This adequacy
determination became effective on August 17, 2011.
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    According to 40 CFR 93.118(e)(1), the EPA-approved 2015
PM10 MVEB must continue to be used for analysis years 2015
through 2019 (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 Ca[ntilde]on City 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 2020
and 2015 budgets--1,613 lbs/day versus 7,439 lbs/day. This is largely
an artifact of changes in the methods, models, and emission factors
used to estimate mobile source emissions. The 2020 MVEB is consistent
with the State's 2020 emissions inventory for vehicle exhaust and road
dust, and, thus, is consistent with the State's maintenance
demonstration for 2020.
    The discrepancy between the 2015 and 2020 MVEBs is not a
significant issue for several reasons. As a practical matter, the 2020
MVEB of 1,613 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 2020
MVEB. Also, for any maintenance plan, such as the revised Ca[ntilde]on
City 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 2020, the 2020 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 2020 PM10 MVEB of 1,613
lbs/day.

V. Final Action

    We are approving the revised Ca[ntilde]on City PM10
Maintenance Plan that was submitted to us on June 18, 2009. We are
approving the revised maintenance plan because it demonstrates
maintenance through 2020 as required by CAA section 175A(b), retains
the control measures from the initial PM10 maintenance plan
that EPA approved in May of 2000, and meets other CAA requirements for
a section 175A maintenance plan. Our approval includes approval of the
revised maintenance plan's 2020 transportation conformity MVEB for
PM10 of 1,613 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. 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.
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 September 9, 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

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

    Dated: June 20, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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 (q) to read as
follows:

Sec.  52.332  Control strategy: Particulate matter.

* * * * *
    (q) Revisions to the Colorado State Implementation Plan,
PM10 Revised Maintenance Plan for Ca[ntilde]on City, as
adopted by the Colorado Air Quality Control Commission on November 20,
2008, State effective on December 30, 2008, and submitted by the
Governor's designee on June 18, 2009. The revised maintenance plan
satisfies all applicable requirements of the Clean Air Act.

[FR Doc. 2013-16506 Filed 7-9-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58903-58904]
[FR Doc No: 2021-23221]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:
    Docket Numbers: EG22-9-000.
    Applicants: PGR 2021 Lessee 2, LLC.
    Description: Self-Certification of PGR 2021 Lesee2, LLC.
    Filed Date: 10/15/21.
    Accession Number: 20211015-5224.
    Comment Date: 5 p.m. ET 11/5/21.

    Docket Numbers: EG22-10-000.
    Applicants: Beulah Solar, LLC.
    Description: Self-Certification of EG or FC of Beulah Solar, LLC.
    Filed Date: 10/15/21.
    Accession Number: 20211015-5227.
    Comment Date: 5 p.m. ET 11/5/21.

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER10-3196-002; ER11-2041-016; ER11-2042-016; ER11-
2514-004; ER14-1317-010.
    Applicants: PEI Power II, LLC, PEI Power Corporation, Sunshine Gas
Producers, LLC, Seneca Energy, II LLC, Innovative Energy Systems, LLC.
    Description: Notice of Change in Status of PEI Power Corporation,
et al.
    Filed Date: 10/15/21.
    Accession Number: 20211015-5226.
    Comment Date: 5 p.m. ET 11/5/21.

    Docket Numbers: ER14-1400-001.
    Applicants: Seneca Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Transfer of Ownership to be effective N/A.
    Filed Date: 10/18/21.
    Accession Number: 20211018-5134.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: ER17-1821-004.
    Applicants: Panda Stonewall LLC.
    Description: Refund Report: Refund Report Under Docket ER17-1821 to
be effective N/A.
    Filed Date: 10/18/21.
    Accession Number: 20211018-5145.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: ER18-1738-001.
    Applicants: Bath County Energy, LLC.
    Description: Compliance filing: Informational Filing Regarding

Upstream Transfer of Ownership to be effective N/A.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5000.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER20-1424-002.
    Applicants: Yards Creek Energy, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Transfer of Ownership to be effective N/A.
    Filed Date: 10/18/21.
    Accession Number: 20211018-5137.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: ER20-1776-002.
    Applicants: Yards Creek Energy, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Transfer of Ownership to be effective N/A.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5005.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER21-1215-001.
    Applicants: Assembly Solar I, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5104.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER21-2449-001.
    Applicants: Assembly Solar II, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5103.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER21-2499-001.
    Applicants: Duke Energy Progress, LLC, Duke Energy Florida, LLC,
Duke Energy Carolinas, LLC.
    Description: Compliance filing: Duke Energy Progress, LLC submits
tariff filing per 35: Compliance Filing--Order No. 676-I to be
effective 12/31/9998.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5120.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-137-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Sec.  205(d) Rate Filing: Basin Electric Submission of
Revised Rate Schedule A to be effective 1/1/2022.
    Filed Date: 10/18/21.
    Accession Number: 20211018-5135.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: ER22-138-000.
    Applicants: Bath County Energy, LLC, Seneca Generation, LLC, Yards
Creek Energy, LLC.
    Description: Request for Limited Waiver and Expedited Consideration
of the 90-day prior notification requirement in the PJM Interconnection
LLC Open Access Transmission Tariff, of Bath County Energy, et al.
    Filed Date: 10/18/21.
    Accession Number: 20211018-5144.
    Comment Date: 5 p.m. ET 11/8/21.

    Docket Numbers: ER22-139-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Informational Filing of Transmission Owner Rate
Appendix X [Cycle 10] of San Diego Gas & Electric Company.
    Filed Date: 10/14/21.
    Accession Number: 20211014-5177.
    Comment Date: 5 p.m. ET 11/4/21.

    Docket Numbers: ER22-140-000.
    Applicants: Dominion Energy South Carolina, Inc.
    Description: Sec.  205(d) Rate Filing: Columbia Hydro CIAC to be
effective 10/7/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5031.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-141-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-BT Cantwell Solar
(Arroyo Solar) GIA to be effective 9/28/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5035.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-142-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Peacock Energy Project
(Jackalope Solar) GIA to be effective 9/30/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5043.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-143-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Shakes Solar 5th A&R
Generation Interconnection Agreement to be effective 10/5/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5048.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-144-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-BRP Antlia BESS 1st
A&R Generation Interconnection Agreement to be effective 10/5/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5055.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-145-000.
    Applicants: Avista Corporation.
    Description: Sec.  205(d) Rate Filing: Avista Corp OATT Att K
Revisions to be effective 1/1/2022.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5060.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-146-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: NYSEG-DCEC Attachment C
Annual Update to be effective 1/1/2022.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5093.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-147-000.
    Applicants: Alabama Power Company.
    Description: Sec.  205(d) Rate Filing: Double Run Solar (Double Run
Solar & Battery) LGIA Filing to be effective 10/4/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5100.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-148-000.
    Applicants: Assembly Solar I, LLC, Assembly Solar II, LLC.
    Description: Request for Prospective Tariff Waiver, et al. of
Assembly Solar I, LLC.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5106.
    Comment Date: 5 p.m. ET 11/9/21.

    Docket Numbers: ER22-149-000.
    Applicants: Sagebrush Line, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 12/20/2021.
    Filed Date: 10/19/21.
    Accession Number: 20211019-5107.
    Comment Date: 5 p.m. ET 11/9/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 19, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-23221 Filed 10-22-21; 8:45 am]
BILLING CODE 6717-01-P