80 FR 16571 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Billings
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 60 (March 30, 2015)
Federal Register Volume 80, Issue 60 (March 30, 2015)
| Page Range | 16571-16573 | |
| FR Document | 2015-07227 |
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)] [Rules and Regulations] [Pages 16571-16573] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07227] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0352; FRL-9925-51-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Billings AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Montana. On July 13, 2011, the Governor of Montana's designee submitted to EPA a second 10-year maintenance plan for the Billings area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This maintenance plan addresses maintenance of the CO NAAQS for a second 10- year period beyond the original redesignation. EPA [[Page 16572]] is also approving an alternative monitoring strategy for the Billings CO maintenance area, which was submitted by the Governor's designee on June 22, 2012. DATES: This final rule is effective April 29, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R08-OAR-2012-0352. 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 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 www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St., 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: Adam Clark, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312- 7104, [email protected]. 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 CO mean or refer to carbon monoxide. (iii) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency. (iv) The initials NAAQS mean or refer to the National Ambient Air Quality Standards. (v) The initials SIP mean or refer to State Implementation Plan. (vi) The words Montana and State mean or refer to the State of Montana. I. Background Eight years after an area is redesignated to attainment, Clean Air Act (CAA) section 175A(b) requires the state to submit a subsequent maintenance plan to EPA, covering a second 10-year period.\1\ This maintenance plan must demonstrate continued compliance with the NAAQS during this second 10-year period. On July 13, 2011, the Governor of Montana's designee submitted to EPA a second 10-year maintenance plan for the Billings area for the CO NAAQS. --------------------------------------------------------------------------- \1\ In this case, the initial maintenance period extended through 2012. Thus, the second 10-year period extends through 2022. --------------------------------------------------------------------------- Along with the revised Billings Maintenance Plan, the State submitted a CO maintenance plan for the Great Falls, Montana maintenance area, and an alternative strategy for monitoring continued attainment of the CO NAAQS in all of the State's CO maintenance areas on July 13, 2011.\2\ The State submitted the alternative monitoring strategy in order to conserve resources by discontinuing the gaseous CO ambient monitors in both the Billings and Great Falls CO maintenance areas. We commented on the State's ``Alternative Monitoring Strategy,'' and the State submitted a revised version of the strategy, which incorporated our comments on June 22, 2012. --------------------------------------------------------------------------- \2\ In addition to Billings and Great Falls, the Missoula, MT CO maintenance area was included in the July 13, 2011 Alternative Monitoring Strategy. --------------------------------------------------------------------------- In a document published on December 2, 2014, we proposed approval of the Billings second 10-year maintenance plan and the associated ``Alternative Monitoring Strategy.'' (79 FR 71369) II. Response to Comments The comment period for our December 2, 2014 proposed rule was open for 30 days. We did not receive any comments on the proposed action. III. Final Action EPA is approving the revised Billings Maintenance Plan submitted on July 13, 2011. This maintenance plan meets the applicable CAA requirements and EPA has determined it is sufficient to provide for maintenance of the CO NAAQS over the course of the second 10-year maintenance period out to 2022. EPA is also approving the State's Alternative Monitoring Strategy, submitted on June 22, 2012, for the Billings CO maintenance area. We are not approving application of the Alternative Monitoring Strategy in other areas of Montana with this action, as the Alternative Monitoring Strategy must be considered on a case-by-case basis specific to the circumstances of each particular CO maintenance area rather than broadly. IV. 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 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have [[Page 16573]] tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 29, 2015. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: March 17, 2015. Debra H. Thomas, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart BB--Montana 0 2. Section 52.1373 is amended by revising paragraph (b) to read as follows: Sec. 52.1373 Control strategy: Carbon monoxide. * * * * * (b) Revisions to the Montana State Implementation Plan, revised Carbon Monoxide Maintenance Plan for Billings, as submitted by the Governor's Designee on July 13, 2011, and the associated Alternative Monitoring Strategy for Billings, as submitted by the Governor's Designee on June 22, 2012. * * * * * [FR Doc. 2015-07227 Filed 3-27-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16571
State effective
Article XX or XXI citation Title/subject EPA approval date Additional explanation/§ 52.2063 citation
date
* * * * * * *
2101.20 .......................... Definitions .................... 4/3/2012 3/30/2015 [Insert Fed- Revise the latest entry dated 11/26/14, 79 FR
eral Register cita- 70471 by revising the existing definition of
tion]. ‘‘Major Source’’ and ‘‘Major Modification’’.
* * * * * * *
Part B—Permits Generally
* * * * * * *
2102.04 .......................... Permits Generally ........ 4/3/2012 3/30/2015 [Insert Fed-
eral Register cita-
tion].
* * * * * *
2102.06 .......................... Major Sources Locating 4/3/2012 3/30/2015 [Insert Fed- As per request by PADEP in a letter to EPA
in or Impacting a eral Register cita- dated June 27, 2014, the following language
Nonattainment Area. tion]. appearing at paragraph b.1; subparagraph
b.3.A; and Subsections e and g, is excluded
from the SIP: ‘‘Additions, revisions, or dele-
tions to such regulations by the Common-
wealth are incorporated in this Subsection
and are effective on the date established by
the state regulation, unless otherwise estab-
lished by regulation under this Article.’’
As per letter from PADEP dated 2/20/2013, the
June 25, 2012 SIP submission inadvertently
deleted language from the end of subsection
(f) of the regulation submitted with SIP sub-
mittal. The SIP revision incorporating Article
XXI § 2102.06(f) should read as follows ‘‘f.
Requirements for Modeling. Where air quality
models are used to meet the provisions of
this section, modeling shall be based on the
applicable models and other requirements
specified in 40 CFR Part 51 Appendix W
(Guideline on Air Quality Models). Where an
air quality model is inappropriate, the model
may be modified or another model may be
substituted only on a case-by-case basis at
the Department’s discretion upon written ap-
proval by the administrator of EPA. In addi-
tion, use of a modified or substituted model
must be subject to notice and opportunity for
public comment under procedures set forth in
40 CFR 51.102.’’
* * * * * * *
2102.08 .......................... Emission Offset Reg- 4/3/2012 3/30/2015 [Insert Fed-
istration. eral Register cita-
tion].
* * * * * * *
* * * * * ENVIRONMENTAL PROTECTION ACTION: Final rule.
[FR Doc. 2015–07106 Filed 3–27–15; 8:45 am] AGENCY
SUMMARY: The Environmental Protection
BILLING CODE 6560–50–P
40 CFR Part 52 Agency (EPA) is approving a State
Implementation Plan (SIP) revision
[EPA–R08–OAR–2012–0352; FRL–9925–51– submitted by the State of Montana. On
Region 8] July 13, 2011, the Governor of
asabaliauskas on DSK5VPTVN1PROD with RULES
Approval and Promulgation of Air Montana’s designee submitted to EPA a
Quality Implementation Plans; State of second 10-year maintenance plan for the
Montana Second 10-Year Carbon Billings area for the carbon monoxide
Monoxide Maintenance Plan for (CO) National Ambient Air Quality
Billings Standard (NAAQS). This maintenance
plan addresses maintenance of the CO
AGENCY: Environmental Protection NAAQS for a second 10-year period
Agency (EPA). beyond the original redesignation. EPA
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![Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16573
tribal implications and will not impose § 52.1373 Control strategy: Carbon • http://www.regulations.gov: Follow
substantial direct costs on tribal monoxide. the on-line instructions.
governments or preempt tribal law as * * * * * • Email: Adina Wiley at wiley.adin&
specified by Executive Order 13175 (65 (b) Revisions to the Montana State • Mail or delivery: Ms. Adina Wiley,
FR 67249, November 9, 2000). Implementation Plan, revised Carbon Air Permits Section (6PD–R),
The Congressional Review Act, 5 Monoxide Maintenance Plan for Environmental Protection Agency, 1445
U.S.C. 801 et seq., as added by the Small Billings, as submitted by the Governor’s Ross Avenue, Suite 1200, Dallas, Texas
Business Regulatory Enforcement Designee on July 13, 2011, and the 75202–2733.
Fairness Act of 1996, generally provides associated Alternative Monitoring Instructions: Direct your comments to
that before a rule may take effect, the Strategy for Billings, as submitted by the Docket ID No. EPA–R06–OAR–2015–
agency promulgating the rule must Governor’s Designee on June 22, 2012. 0033. The EPA’s policy is that all
submit a rule report, which includes a * * * * * comments received will be included in
copy of the rule, to each House of the [FR Doc. 2015–07227 Filed 3–27–15; 8:45 am]
the public docket without change and
Congress and to the Comptroller General may be made available online at
BILLING CODE 6560–50–P
of the United States. EPA will submit a http://www.regulations.gov, including
report containing this action and other any personal information provided,
required information to the U.S. Senate, ENVIRONMENTAL PROTECTION unless the comment includes
the U.S. House of Representatives, and AGENCY information claimed to be Confidential
the Comptroller General of the United Business Information (CBI) or other
States prior to publication of the rule in 40 CFR Part 52 information the disclosure of which is
the Federal Register. A major rule restricted by statute. Do not submit
[EPA–R06–OAR–2015–0033; FRL–9925–19–
cannot take effect until 60 days after it information through http://
Region 6]
is published in the Federal Register. www.regulations.gov or email, if you
This action is not a ‘‘major rule’’ as Approval and Promulgation of believe that it is CBI or otherwise
defined by 5 U.S.C. 804(2). Implementation Plans; Texas; Public protected from disclosure. The http://
Under section 307(b)(1) of the Clean Participation for Air Quality Permit www.regulations.gov Web site is an
Air Act, petitions for judicial review of Applications ‘‘anonymous access’’ system, which
this action must be filed in the United means that the EPA will not know your
States Court of Appeals for the AGENCY: Environmental Protection identity or contact information unless
appropriate circuit by May 29, 2015. Agency (EPA). you provide it in the body of your
Filing a petition for reconsideration by ACTION: Direct final rule. comment. If you send an email
the Administrator of this final rule does comment directly to the EPA without
not affect the finality of this action for SUMMARY: The Environmental Protection going through http://
the purposes of judicial review nor does Agency (EPA) is taking a direct final www.regulations.gov, your email
it extend the time within which a action to approve two provisions address will be automatically captured
petition for judicial review may be filed, submitted by the State of Texas as and included as part of the comment
and shall not postpone the effectiveness revisions to the Texas State that is placed in the public docket and
of such rule or action. This action may Implementation Plan (SIP) on July 2, made available on the Internet. If you
not be challenged later in proceedings to 2010, specific to the applicability of the submit an electronic comment, the EPA
enforce its requirements. (See section public notice requirements to recommends that you include your
307(b)(2).) applications for Plant-Wide name and other contact information in
Applicability (PAL) permits and the body of your comment along with
List of Subjects in 40 CFR Part 52 standard permits for concrete batch any disk or CD–ROM submitted. If the
Environmental protection, Air plants without enhanced controls. EPA cannot read your comment due to
pollution control, Carbon monoxide, Today’s direct final action will complete technical difficulties and cannot contact
Incorporation by reference, the rulemaking process started in our you for clarification, the EPA may not
Intergovernmental relations, Reporting December 13, 2012, proposal and be able to consider your comment.
and recordkeeping requirements. approve the public notice provisions Electronic files should avoid the use of
into the Texas SIP. The EPA is also special characters and any form of
Authority: 42 U.S.C. 7401 et seq.
taking direct final action to convert the encryption and should be free of any
Dated: March 17, 2015. public notice applicability provisions defects or viruses. For additional
Debra H. Thomas, for Texas Flexible Permits from a final information about the EPA’s public
Acting Regional Administrator, Region 8. conditional approval to a full approval. docket, visit the EPA Docket Center
The EPA is taking this action under homepage at http://www.epa.gov/
40 CFR part 52 is amended to read as
section 110 and parts C and D of the epahome/dockets.htm.
follows:
Clean Air Act (CAA or the Act). Docket: The index to the docket for
PART 52—APPROVAL AND DATES: This rule is effective on May 29, this action is available electronically at
PROMULGATION OF 2015 without further notice, unless the www.regulations.gov and in hard copy
IMPLEMENTATION PLANS EPA receives relevant adverse at EPA Region 6, 1445 Ross Avenue,
comments by April 29, 2015. If the EPA Suite 700, Dallas, Texas. While all
asabaliauskas on DSK5VPTVN1PROD with RULES
■ 1. The authority citation for Part 52 receives such comments, the EPA will documents in the docket are listed in
continues to read as follows: publish a timely withdrawal in the the index, some information may be
Authority: 42 U.S.C. 7401 et seq. Federal Register informing the public publicly available only at the hard copy
that this rule will not take effect. location (e.g., copyrighted material), and
Subpart BB—Montana ADDRESSES: Submit your comments, some may not be publicly available at
identified by Docket No. EPA–R06– either location (e.g., CBI).
■ 2. Section 52.1373 is amended by OAR–2015–0033, by one of the FOR FURTHER INFORMATION CONTACT: Ms.
revising paragraph (b) to read as follows: following methods: Adina Wiley, 214–665–2115,
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Document Created: 2015-12-18 11:32:13
Document Modified: 2015-12-18 11:32:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective April 29, 2015. | |
| Contact | Adam Clark, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312- 7104, [email protected] | |
| FR Citation | 80 FR 16571 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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