80 FR 17331 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Great Falls
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 62 (April 1, 2015)
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17331-17333 | |
| FR Document | 2015-07220 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Rules and Regulations] [Pages 17331-17333] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07220] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R08-OAR-2012-0353; FRL-9925-50-Region 8] Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Great Falls 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 Great Falls 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 [[Page 17332]] beyond the original redesignation. EPA is also approving an alternative monitoring strategy for the Great Falls CO maintenance area, which was submitted by the Governor's designee on June 22, 2012. DATES: This final rule is effective May 1, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R08-OAR-2012-0353. 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, U.S. EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7104, clark.adam@epa.gov. SUPPLEMENTARY INFORMATION: Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The initials 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 Great Falls 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 Great Falls Maintenance Plan, the State submitted a CO maintenance plan for the Billings, 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 1, 2014, we proposed approval of the Great Falls second 10-year maintenance plan and the associated ``Alternative Monitoring Strategy.'' (79 FR 71057) II. Response to Comments The comment period for our December 1, 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 Great Falls 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 Great Falls 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 17333]] 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 June 1, 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 (c) to read as follows: Sec. 52.1373 Control strategy: Carbon monoxide. * * * * * (c) Revisions to the Montana State Implementation Plan, revised Carbon Monoxide Maintenance Plan for Great Falls, as submitted by the Governor's Designee on July 13, 2011, and the associated Alternative Monitoring Strategy for Great Falls, as submitted by the Governor's Designee on June 22, 2012. * * * * * [FR Doc. 2015-07220 Filed 3-31-15; 8:45 am] BILLING CODE 6560-50-P
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IV. Statutory and Executive Order jurisdiction. In those areas of Indian Subpart F—California
Reviews country, the rule does not have tribal
implications and will not impose ■ 2. Section 52.220 is amended by
Under the CAA, the Administrator is
substantial direct costs on tribal adding paragraph (c)(454) to read as
required to approve a SIP submission
governments or preempt tribal law as follows:
that complies with the provisions of the
Act and applicable Federal specified by Executive Order 13175.
§ 52.220 Identification of plan.
regulations.21 Thus, in reviewing SIP The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small * * * * *
submissions, EPA’s role is to approve (c) * * *
state decisions, provided that they meet Business Regulatory Enforcement
Fairness Act of 1996, generally provides (454) The following plan was
the criteria of the CAA. Accordingly, submitted on June 16, 2014, by the
this action merely approves state law as that before a rule may take effect, the
agency promulgating the rule must Governor’s Designee.
meeting Federal requirements, and does (i) [Reserved]
not impose additional requirements submit a rule report, which includes a
copy of the rule, to each House of the (ii) Additional materials.
beyond those imposed by state law. For (A) California Air Resources Board
that reason, this action: Congress and to the Comptroller General
(CARB).
• Is not a ‘‘significant regulatory of the United States. EPA will submit a
(1) CARB Resolution 14–15, dated
action’’ subject to review by the Office report containing this action and other
May 22, 2014, approving the ‘‘California
of Management and Budget under required information to the U.S. Senate,
Regional Haze Plan 2014 Progress
Executive Order 12866 (58 FR 51735, the U.S. House of Representatives, and
Report.’’
October 4, 1993); the Comptroller General of the United
(2) The ‘‘California Regional Haze
• does not impose an information States prior to publication of the rule in
Plan 2014 Progress Report’’, adopted on
collection burden under the provisions the Federal Register. A major rule
May 22, 2014.
of the Paperwork Reduction Act (44 cannot take effect until 60 days after it
is published in the Federal Register. ■ 3. Section 52.281 is amended by
U.S.C. 3501 et seq.);
• is certified as not having a This action is not a ‘‘major rule’’ as adding paragraph (g) to read as follows:
significant economic impact on a defined by 5 U.S.C. 804(2). § 52.281 Visibility protection.
substantial number of small entities Under section 307(b)(1) of the Clean * * * * *
under the Regulatory Flexibility Act (5 Air Act, petitions for judicial review of (g) Approval. On June 16, 2014, the
U.S.C. 601 et seq.); this action must be filed in the United California Air Resources Board
• does not contain any unfunded States Court of Appeals for the submitted the ‘‘California Regional Haze
mandate or significantly or uniquely appropriate circuit by June 1, 2015. Plan 2014 Progress Report’’ (‘‘Progress
affect small governments, as described Filing a petition for reconsideration by Report’’). The Progress Report meets the
in the Unfunded Mandates Reform Act the Administrator of this final rule does requirements of Clean Air Act sections
of 1995 (Pub. L. 104–4); not affect the finality of this action for 169A and 169B and the Regional Haze
• does not have Federalism the purposes of judicial review nor does Rule in 40 CFR 51.308.
implications as specified in Executive it extend the time within which a
Order 13132 (64 FR 43255, August 10, [FR Doc. 2015–07232 Filed 3–31–15; 8:45 am]
petition for judicial review may be filed,
1999); and shall not postpone the effectiveness BILLING CODE 6560–50–P
• is not an economically significant of such rule or action. This action may
regulatory action based on health or not be challenged later in proceedings to
safety risks subject to Executive Order ENVIRONMENTAL PROTECTION
enforce its requirements (see section
13045 (62 FR 19885, April 23, 1997); AGENCY
307(b)(2)).
• is not a significant regulatory action
List of Subjects in 40 CFR Part 52 40 CFR Part 52
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); Environmental protection, Air [EPA–R08–OAR–2012–0353; FRL–9925–50–
• is not subject to requirements of pollution control, Incorporation by Region 8]
Section 12(d) of the National reference, Intergovernmental relations,
Technology Transfer and Advancement Approval and Promulgation of Air
Nitrogen oxides, Organic carbon,
Act of 1995 (15 U.S.C. 272 note) because Quality Implementation Plans; State of
Particulate matter, Reporting and
this action does not involve technical Montana Second 10-Year Carbon
recordkeeping requirements, Sulfur
standards; and Monoxide Maintenance Plan for Great
oxides, Visibility, Volatile organic
• does not provide EPA with the compounds.
Falls
discretionary authority to address, as AGENCY: Environmental Protection
appropriate, disproportionate human Authority: 42 U.S.C. 7401 et seq.
Agency (EPA).
health or environmental effects, using Dated: February 27, 2015.
ACTION: Final rule.
practicable and legally permissible Jared Blumenfeld,
methods, under Executive Order 12898 Regional Administrator, EPA Region IX. SUMMARY: The Environmental Protection
(59 FR 7629, February 16, 1994). Part 52, Chapter I, Title 40 of the Code Agency (EPA) is approving a State
In addition, this rule does not have of Federal Regulations is amended as Implementation Plan (SIP) revision
tribal implications as specified by follows: submitted by the State of Montana. On
Executive Order 13175 (65 FR 67249, July 13, 2011, the Governor of
PART 52—APPROVAL AND Montana’s designee submitted to EPA a
rmajette on DSK2TPTVN1PROD with RULES
November 9, 2000), because the SIP is
not approved to apply on any Indian PROMULGATION OF second 10-year maintenance plan for the
reservation land or in any other area IMPLEMENTATION PLANS Great Falls area for the carbon monoxide
where EPA or an Indian tribe has (CO) National Ambient Air Quality
demonstrated that a tribe has ■ 1. The authority citation for Part 52 Standard (NAAQS). This maintenance
continues to read as follows: plan addresses maintenance of the CO
21 42 U.S.C. 7410(k); 40 CFR 52.02(a). Authority: 42 U.S.C. 7401 et seq. NAAQS for a second 10-year period
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![Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations 17333
tribal implications and will not impose § 52.1373 Control strategy: Carbon Administration (NARA). For
substantial direct costs on tribal monoxide. information on the availability of this
governments or preempt tribal law as * * * * * material at NARA, call 202–741–6030,
specified by Executive Order 13175 (65 (c) Revisions to the Montana State or go to: http://www.archives.gov/
FR 67249, November 9, 2000). Implementation Plan, revised Carbon federal_register/code_of_federal_
The Congressional Review Act, 5 Monoxide Maintenance Plan for Great regulations/ibr_locations.html.
U.S.C. 801 et seq., as added by the Small Falls, as submitted by the Governor’s FOR FURTHER INFORMATION CONTACT:
Business Regulatory Enforcement Designee on July 13, 2011, and the Donna Deneen, EPA Region 10, Office of
Fairness Act of 1996, generally provides associated Alternative Monitoring Air, Waste, and Toxics (AWT–150),
that before a rule may take effect, the Strategy for Great Falls, as submitted by 1200 Sixth Avenue, Seattle, Washington
agency promulgating the rule must the Governor’s Designee on June 22, 98101, or at (206) 553–6706.
submit a rule report, which includes a 2012.
SUPPLEMENTARY INFORMATION:
copy of the rule, to each House of the * * * * *
Congress and to the Comptroller General [FR Doc. 2015–07220 Filed 3–31–15; 8:45 am] I. Background
of the United States. EPA will submit a BILLING CODE 6560–50–P
The SIP is a living document which
report containing this action and other a state revises as necessary to address its
required information to the U.S. Senate, unique air pollution problems.
the U.S. House of Representatives, and ENVIRONMENTAL PROTECTION
AGENCY Therefore, the EPA, from time to time,
the Comptroller General of the United must take action on SIP revisions
States prior to publication of the rule in containing new and/or revised
40 CFR Part 52
the Federal Register. A major rule regulations as being part of the SIP. On
cannot take effect until 60 days after it [EPA–R10–OAR–2014–0906; FRL–9922–65–
Region 10] May 22, 1997 (62 FR 27968), the EPA
is published in the Federal Register. revised the procedures for incorporating
This action is not a ‘‘major rule’’ as by reference Federally-approved SIPs, as
defined by 5 U.S.C. 804(2). Approval and Promulgation of Air
Quality Implementation Plans; Idaho; a result of consultations between the
Under section 307(b)(1) of the Clean Update to Materials Incorporated by EPA and the Office of the Federal
Air Act, petitions for judicial review of Reference Register (OFR). The description of the
this action must be filed in the United revised SIP document, IBR procedures
States Court of Appeals for the AGENCY: Environmental Protection and ‘‘Identification of plan’’ format are
appropriate circuit by June 1, 2015. Agency (EPA). discussed in further detail in the May
Filing a petition for reconsideration by ACTION: Final rule; administrative 22, 1997, Federal Register document.
the Administrator of this final rule does change. On January 25, 2005 (70 FR 9450), the
not affect the finality of this action for EPA published a Federal Register
the purposes of judicial review nor does SUMMARY: The Environmental Protection
Agency (EPA) is updating the materials document beginning the new IBR
it extend the time within which a procedure for Idaho. On December 28,
petition for judicial review may be filed, that are incorporated by reference (IBR)
into the Idaho State Implementation 2012 (77 FR 76417), the EPA published
and shall not postpone the effectiveness an update to the IBR material for Idaho.
of such rule or action. This action may Plan (SIP). The regulations affected by
this update have been previously Since the publication of the last IBR
not be challenged later in proceedings to update, the EPA approved into the
enforce its requirements. (See section submitted by the Idaho Department of
Environmental Quality and approved by Idaho SIP the following regulatory
307(b)(2).) changes: 1
the EPA. In this action, the EPA is also
List of Subjects in 40 CFR Part 52 notifying the public of corrections to A. Added Regulations
Environmental protection, Air typographical errors and minor
formatting changes to the IBR tables. 1. IDAPA 58.01.01 (Rules for the
pollution control, Carbon monoxide, Control of Air pollution in Idaho):
Incorporation by reference, This update affects the SIP materials
that are available for public inspection section 624.
Intergovernmental relations, Reporting 2. City and County Ordinances: City
and recordkeeping requirements. at the National Archives and Records
Administration (NARA), the Air and of Sandpoint Chapter 8 Air Quality (4–
Authority: 42 U.S.C. 7401 et seq. Radiation Docket and Information 8–1 through 4–8–14), City of Clifton
Dated: March 17, 2015. Center located at the EPA’s Ordinance No. 120, City of Dayton
Debra H. Thomas, Headquarters in Washington, DC, and Ordinance #287, Franklin City
the EPA Regional Office. Ordinance No. 2012–9–12, Franklin
Acting Regional Administrator, Region 8.
County Ordinance No. 2012–6–25, City
DATES: This action is effective April 1,
40 CFR part 52 is amended to read as of Oxford Memorandum of
2015.
follows: Understanding, City of Preston
ADDRESSES: SIP materials which are
Ordinance No. 2012–1, City of Weston
PART 52—APPROVAL AND incorporated by reference into 40 CFR Ordinance No. 2012–01.
PROMULGATION OF part 52 are available for inspection at
3. EPA-Approved Idaho Source-
IMPLEMENTATION PLANS the following locations: EPA Region 10,
Specific Requirements: The
Office of Air, Waste, and Toxics (AWT–
Amalgamated Sugar Company LLC—
■ 1. The authority citation for Part 52 150), 1200 Sixth Avenue, Suite 900,
Nampa Factory, Nampa, Idaho (Permit
Seattle, Washington 98101; the Air and
rmajette on DSK2TPTVN1PROD with RULES
continues to read as follows: No. T2–2009.0105, date issued 12/23/
Radiation Docket and Information
Authority: 42 U.S.C. 7401 et seq. 2011).
Center, U.S. Environmental Protection
Subpart BB—Montana Agency, 1301 Constitution Avenue NW., 1 See 78 FR 16790 (March 19, 2013), 78 FR 20001
Room Number 3334, EPA West (April 3, 2013), 79 FR 11711 (March 3, 2014), 79
■ 2. Section 52.1373 is amended by Building, Washington, DC 20460; or the FR 16201 (March 25, 2014), and 79 FR 23273 (April
revising paragraph (c) to read as follows: National Archives and Records 28, 2014).
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Document Created: 2015-12-18 11:04:04
Document Modified: 2015-12-18 11:04:04
| 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 May 1, 2015. | |
| Contact | Adam Clark, U.S. EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7104, [email protected] | |
| FR Citation | 80 FR 17331 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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