81 FR 28718 - Designation of Areas for Air Quality Planning Purposes; Redesignation Request and Associated Maintenance Plan for Billings, MT 2010 SO2
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 90 (May 10, 2016)
Federal Register Volume 81, Issue 90 (May 10, 2016)
| Page Range | 28718-28720 | |
| FR Document | 2016-10451 |
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)] [Rules and Regulations] [Pages 28718-28720] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10451] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R08-OAR-2015-0205; FRL-9945-64-Region 8] Designation of Areas for Air Quality Planning Purposes; Redesignation Request and Associated Maintenance Plan for Billings, MT 2010 SO2 Nonattainment Area AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Montana's request to redesignate the Billings sulfur dioxide (SO2 ) nonattainment area to attainment for the 2010 SO2 primary national ambient air quality standards (NAAQS). The EPA has determined that the Billings SO2 nonattainment area is attaining the 2010 SO2 primary NAAQS. In addition, the EPA is approving Montana's maintenance plan which provides for continued attainment of the 2010 SO2 primary NAAQS in the area. These actions are being taken under the Clean Air Act (CAA). DATES: This final rule is effective on June 9, 2016. ADDRESSES: EPA has established a docket for this action under Docket Identification Number EPA-R08-OAR-2015-0205. All documents in the docket are listed on the http://www.regulations.gov index. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information 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 through http://www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado, 80202-1129. EPA requests that 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, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, [email protected]. SUPPLEMENTARY INFORMATION: I. Background The EPA designated a portion of Billings, Montana, as nonattainment for the 2010 SO2 NAAQS on August 5, 2013, (effective October 4, 2013) using 2009-2011 ambient air quality data, leaving the remaining portion of Billings and Yellowstone County undesignated and subject to future analysis and designation. See 78 FR 47191 (August 5, 2013). On January 16, 2015, the State submitted a request for the EPA to determine that the Billings SO2 nonattainment area has attained the 2010 SO2 NAAQS per the EPA's ``clean data policy.'' On December 14, 2015, the State submitted to the EPA a request for redesignation of the Billings 2010 SO2 nonattainment area to attainment and a SIP revision containing a maintenance plan for the area. On March 7, 2016, the EPA published a notice of proposed rulemaking (NPR) which proposed to approve the State's requests. See 81 FR 11733. Specifically, the EPA proposed to take the following four separate but related actions: (1) Determine that the Billings SO2 nonattainment area is attaining the 2010 1-hour SO2 NAAQS; (2) approve Montana's plan for maintaining the 2010 1-hour SO2 NAAQS (maintenance plan); (3) redesignate the Billings SO2 nonattainment area to attainment for the 2010 1-hour SO2 NAAQS; and (4) determine that the Billings SO2 nonattainment area has clean monitoring data. The details of Montana's submittal and the rationale for EPA's proposed actions are explained in the NPR and will not be restated here. The EPA received two public comments on the NPR, both of which supported the proposed redesignation. We acknowledge these supportive comments. II. Final Action The EPA is taking final actions on the redesignation request and maintenance [[Page 28719]] plan submitted by the State of Montana on December 14, 2015 for the Billings 2010 SO2 nonattainment area. The EPA is approving Montana's redesignation request because we have determined that the request meets the redesignation criteria set forth in section 107(d)(3)(E) of the CAA for this standard. The EPA finds that the monitoring data demonstrate that the area has attained the 2010 SO2 NAAQS, and continues to attain the NAAQS as a result of the permanent and enforceable shutdown of the PPL Corette facility, whose emissions in 2009-2011 had been responsible for the area not previously meeting the NAAQS. The EPA is also approving the associated maintenance plan for the Billings 2010 SO2 nonattainment area as a revision to the Montana SIP for the 2010 SO2 NAAQS because it meets the requirements of section 175A of the CAA. Approval of this redesignation request will change the official designation of the Billings 2010 SO2 nonattainment area to attainment for the 2010 SO2 NAAQS. III. Statutory and Executive Order Reviews A. General Requirements Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. See 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 CAA. Accordingly, these actions merely approve state law as meeting federal requirements and do not impose additional requirements beyond those imposed by state law. For this reason, these actions:Are not significant regulatory actions 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); Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are 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.); Do 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); Do not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are 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 CAA; and Do 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 does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the final rule does not have 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). B. Congressional Review Act 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). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 11, 2016. 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 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements, Sulfur dioxide. 40 CFR Part 81 Environmental protection, Air pollution control, Sulfur dioxide. Authority: 42 U.S.C. 7401 et seq. Dated: April 18, 2016. Shaun L. McGrath, Regional Administrator, Region 8. 40 CFR parts 52 and 81 are 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 BB--Montana 0 2. Section 52.1370, paragraph (e), under ``(9) Yellowstone County'' is amended by adding the entry ``Billings 2010 SO 2 Maintenance Plan'' at the end of the table to read as follows: Sec. 52.1370 Identification of plan. * * * * * (e) * * * [[Page 28720]] ---------------------------------------------------------------------------------------------------------------- State Title/subject effective date Notice of final rule date NFR citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- (9) Yellowstone County ---------------------------------------------------------------------------------------------------------------- * * * * * * * Billings 2010 SO2 Maintenance Plan...... 12/14/2015 5/10/2016................. [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- 0 3. Section 52.1398 is added to read as follows: Sec. 52.1398 Control strategy: Sulfur dioxide. (a) Redesignation to attainment. The EPA has determined that the Billings 2010 sulfur dioxide (SO2 ) nonattainment area has met the criteria under CAA section 107(d)(3)(E) for redesignation from nonattainment to attainment for the 2010 1-hour SO2 NAAQS. The EPA is therefore redesignating the Billings 2010 SO2 nonattainment area to attainment. (b) The EPA is approving the maintenance plan for the Billings nonattainment area for the 2010 SO2 NAAQS submitted by the State of Montana on December 14, 2015. PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 4. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart C--Section 107 Attainment Status Designations 0 5. Section 81.327, table ``Montana--2010 Sulfur Dioxide NAAQS (Primary)'' is amended by revising the entry for ``Yellowstone County (part)'' to read as follows: Sec. 81.327 Montana. * * * * * ---------------------------------------------------------------------------------------------------------------- Designation Designated area ------------------------------------------------------------------ Date Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Yellowstone County (part).................... 5/10/2016 Attainment. The area originates at the point defined as the southwest corner of Section 11, Township 1S, Range 26E. From that point the boundary proceeds north along the western section line of Section 11 to the point of intersection with the midline of Interstate Highway 90. From that point the boundary follows the midline of Interstate Highway 90, across the Yellowstone River, to the point where the highway midline intersects the northern boundary of Section 35, Township 1N, Range 26E. From that point the boundary proceeds east along the northern section line of Sections 35 and 36 to the point where Old US 87/Hardin Road leaves the section line and turns southeast. The boundary follows the midline of Old US 87/ Hardin Road southeast to the point where the road intersects the western boundary of the SE 1/4 of the SE 1/4 of Section 31, Township 1N, Range 27E. From that point the boundary proceeds south along the 1/4 section line to the southern boundary of Township 1N, then east to the northeast corner of Section 5, Township 1S, Range 27E. The boundary then proceeds south along the eastern section line of sections 5 and 8 to the southeast corner of Section 8, Township 1S, Range 27E, where it turns west and follows the south section line of Sections 8 and 7, Township 1S, Range 27E; and Sections 12 and 11, Township 1S, Range 26E, back to the point of origin. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-10451 Filed 5-9-16; 8:45 am] BILLING CODE 6560-50-P
![28718 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
particular, the Act addresses actions § 117.331 Snake Creek. Colorado, 80202–1129. EPA requests
that may result in the expenditure by a The draw of the Snake Creek Bridge, that you contact the individual listed in
State, local, or tribal government, in the at Islamorada, Florida, will open on the FOR FURTHER INFORMATION CONTACT
aggregate, or by the private sector of signal, except that from 7 a.m. to 6 p.m., section to view the hard copy of the
$100,000,000 (adjusted for inflation) or the draw need open only on the hour. docket. You may view the hard copy of
more in any one year. Though this rule Dated: May 4, 2016. the docket Monday through Friday, 8:00
will not result in such an expenditure, S. A. Buschman,
a.m. to 4:00 p.m., excluding federal
we do discuss the effects of this rule holidays.
Rear Admiral, U.S. Coast Guard, Commander,
elsewhere in this preamble. Seventh Coast Guard District. FOR FURTHER INFORMATION CONTACT:
F. Environment [FR Doc. 2016–10922 Filed 5–9–16; 8:45 am] Adam Clark, Air Program, U.S.
BILLING CODE 9110–04–P Environmental Protection Agency,
We have analyzed this rule under Region 8, Mailcode 8P–AR, 1595
Department of Homeland Security Wynkoop, Denver, Colorado 80202–
Management Directive 023–01 and 1129, (303) 312–7104, clark.adam@
Commandant Instruction M16475.lD, ENVIRONMENTAL PROTECTION
AGENCY epa.gov.
which guides the Coast Guard in
SUPPLEMENTARY INFORMATION:
complying with the National 40 CFR Parts 52 and 81
Environmental Policy Act of 1969 I. Background
(NEPA) (42 U.S.C. 4321–4370f), and [EPA–R08–OAR–2015–0205; FRL–9945–64–
Region 8] The EPA designated a portion of
have made a determination that this Billings, Montana, as nonattainment for
action is one of a category of actions the 2010 SO2 NAAQS on August 5,
which do not individually or Designation of Areas for Air Quality
Planning Purposes; Redesignation 2013, (effective October 4, 2013) using
cumulatively have a significant effect on 2009–2011 ambient air quality data,
the human environment. This rule Request and Associated Maintenance
Plan for Billings, MT 2010 SO2 leaving the remaining portion of Billings
involves the operating regulations or and Yellowstone County undesignated
procedures for drawbridges. Normally Nonattainment Area
and subject to future analysis and
such actions are categorically excluded AGENCY: Environmental Protection designation. See 78 FR 47191 (August 5,
from further review, under figure 2–1, Agency. 2013).
paragraph (32)(e), of the Instruction. ACTION: Final rule. On January 16, 2015, the State
This rule simply promulgates the submitted a request for the EPA to
operating regulations or procedures for SUMMARY: The Environmental Protection
determine that the Billings SO2
drawbridges. This action is categorically Agency (EPA) is approving the State of
nonattainment area has attained the
excluded from further review, under Montana’s request to redesignate the
2010 SO2 NAAQS per the EPA’s ‘‘clean
figure 2–1, paragraph (32)(e), of the Billings sulfur dioxide (SO2)
data policy.’’ On December 14, 2015, the
Instruction. nonattainment area to attainment for the
State submitted to the EPA a request for
Under figure 2–1, paragraph (32)(e), of 2010 SO2 primary national ambient air
redesignation of the Billings 2010 SO2
the Instruction, an environmental quality standards (NAAQS). The EPA
nonattainment area to attainment and a
analysis checklist and a categorical has determined that the Billings SO2
SIP revision containing a maintenance
exclusion determination are not nonattainment area is attaining the 2010
plan for the area.
required for this rule. SO2 primary NAAQS. In addition, the On March 7, 2016, the EPA published
EPA is approving Montana’s a notice of proposed rulemaking (NPR)
G. Protest Activities maintenance plan which provides for which proposed to approve the State’s
The Coast Guard respects the First continued attainment of the 2010 SO2 requests. See 81 FR 11733. Specifically,
Amendment rights of protesters. primary NAAQS in the area. These the EPA proposed to take the following
Protesters are asked to contact the actions are being taken under the Clean four separate but related actions: (1)
person listed in the FOR FURTHER Air Act (CAA). Determine that the Billings SO2
INFORMATION CONTACT section to DATES: This final rule is effective on nonattainment area is attaining the 2010
coordinate protest activities so that your June 9, 2016. 1-hour SO2 NAAQS; (2) approve
message can be received without ADDRESSES: EPA has established a Montana’s plan for maintaining the
jeopardizing the safety or security of docket for this action under Docket 2010 1-hour SO2 NAAQS (maintenance
people, places or vessels. Identification Number EPA–R08–OAR– plan); (3) redesignate the Billings SO2
2015–0205. All documents in the docket nonattainment area to attainment for the
List of Subjects in 33 CFR Part 117 are listed on the http:// 2010 1-hour SO2 NAAQS; and (4)
Bridges. www.regulations.gov index. Although determine that the Billings SO2
listed in the index, some information nonattainment area has clean
For the reasons discussed in the may not be publicly available, e.g.,
preamble, the Coast Guard amends 33 monitoring data. The details of
Confidential Business Information or Montana’s submittal and the rationale
CFR part 117 as follows: other information whose disclosure is for EPA’s proposed actions are
PART 117—DRAWBRIDGE restricted by statute. Certain other explained in the NPR and will not be
OPERATION REGULATIONS material, such as copyrighted material, restated here. The EPA received two
will be publicly available only in hard public comments on the NPR, both of
■ 1. The authority citation for part 117 copy. Publicly available docket which supported the proposed
ehiers on DSK5VPTVN1PROD with RULES
continues to read as follows: materials are available either redesignation. We acknowledge these
electronically through http:// supportive comments.
Authority: 33 U.S.C. 499; 33 CFR 1.05–1; www.regulations.gov or in hard copy at
Department of Homeland Security Delegation II. Final Action
No. 0170.1.
the Air Program, Environmental
Protection Agency (EPA), Region 8, The EPA is taking final actions on the
■ 2. Revise § 117.331 to read as follows: 1595 Wynkoop Street, Denver, redesignation request and maintenance
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![28720 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
State effective Notice of final rule
Title/subject NFR citation
date date
* * * * * * *
(9) Yellowstone County
* * * * * * *
Billings 2010 SO2 Maintenance Plan ......................................................................... 12/14/2015 5/10/2016 ............... [Insert Federal
Register citation].
■ 3. Section 52.1398 is added to read as redesignating the Billings 2010 SO2 Authority: 42 U.S.C. 7401, et seq.
follows: nonattainment area to attainment.
(b) The EPA is approving the Subpart C—Section 107 Attainment
§ 52.1398 Control strategy: Sulfur dioxide. maintenance plan for the Billings Status Designations
(a) Redesignation to attainment. The nonattainment area for the 2010 SO2
EPA has determined that the Billings NAAQS submitted by the State of ■ 5. Section 81.327, table ‘‘Montana—
Montana on December 14, 2015. 2010 Sulfur Dioxide NAAQS (Primary)’’
2010 sulfur dioxide (SO2)
nonattainment area has met the criteria is amended by revising the entry for
PART 81—DESIGNATION OF AREAS ‘‘Yellowstone County (part)’’ to read as
under CAA section 107(d)(3)(E) for FOR AIR QUALITY PLANNING
redesignation from nonattainment to follows:
PURPOSES
attainment for the 2010 1-hour SO2 § 81.327 Montana.
NAAQS. The EPA is therefore ■ 4. The authority citation for part 81
continues to read as follows: * * * * *
Designation
Designated area
Date Type
* * * * * * *
Yellowstone County (part) .................................................................................................................... 5/10/2016 Attainment.
The area originates at the point defined as the southwest corner of Section 11, Township 1S,
Range 26E. From that point the boundary proceeds north along the western section line of Sec-
tion 11 to the point of intersection with the midline of Interstate Highway 90. From that point the
boundary follows the midline of Interstate Highway 90, across the Yellowstone River, to the point
where the highway midline intersects the northern boundary of Section 35, Township 1N, Range
26E. From that point the boundary proceeds east along the northern section line of Sections 35
and 36 to the point where Old US 87/Hardin Road leaves the section line and turns southeast.
The boundary follows the midline of Old US 87/Hardin Road southeast to the point where the
road intersects the western boundary of the SE 1/4 of the SE 1/4 of Section 31, Township 1N,
Range 27E. From that point the boundary proceeds south along the 1/4 section line to the
southern boundary of Township 1N, then east to the northeast corner of Section 5, Township
1S, Range 27E. The boundary then proceeds south along the eastern section line of sections 5
and 8 to the southeast corner of Section 8, Township 1S, Range 27E, where it turns west and
follows the south section line of Sections 8 and 7, Township 1S, Range 27E; and Sections 12
and 11, Township 1S, Range 26E, back to the point of origin.
* * * * * ENVIRONMENTAL PROTECTION to revise the maximum permit term for
[FR Doc. 2016–10451 Filed 5–9–16; 8:45 am] AGENCY Municipal Solid Waste Landfill
BILLING CODE 6560–50–P (MSWLF) units operating under
40 CFR Part 258 Research, Development and
[EPA–HQ–RCRA–2015–0126; FRL–9943–87– Demonstration (RD&D) permits. The
OLEM] RD&D permit program, which began in
2004, allows landfill facilities to utilize
RIN 2050–AG75 innovative methods that vary from the
run-on control systems, liquids
Revision to the Research, restrictions, and final cover criteria
Development and Demonstration prescribed in 40 CFR part 258 if these
Permits Rule for Municipal Solid Waste systems are determined by the Director
Landfills of an approved State to be at least as
ehiers on DSK5VPTVN1PROD with RULES
AGENCY: Environmental Protection protective as those criteria. The current
Agency (EPA). rule limits permits for these units to
ACTION: Final rule. three years, and they are renewable
three times for a total permit term of 12
SUMMARY: The Environmental Protection years. This revision allows the Director
Agency (EPA) is publishing a final rule of an approved State to increase the
VerDate Sep<11>2014 15:17 May 09, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\10MYR1.SGM 10MYR1](https://thefederalregister.org/doc/81_FR_28808/page/3.svg)
Document Created: 2016-05-10 05:19:15
Document Modified: 2016-05-10 05:19:15
| 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 on June 9, 2016. | |
| Contact | Adam Clark, Air Program, U.S. Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, [email protected] | |
| FR Citation | 81 FR 28718 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Reporting and Recordkeeping Requirements and Sulfur Dioxide |
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