83 FR 4597 - Montana Second 10-Year Carbon Monoxide Maintenance Plan for Missoula

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range		4597-4598
FR Document		2018-01854

The Environmental Protection Agency (EPA) is taking final action to re-approve a State Implementation Plan (SIP) revision submitted by the State of Montana. On September 19, 2016, the Governor of Montana submitted to the EPA a Clean Air Act (CAA) section 175A(b) second 10-year maintenance plan for the Missoula, Montana area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This limited maintenance plan (LMP) addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. This action is being taken under sections 110 and 175A of the CAA.

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)

[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4597-4598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0339; FRL-9973-17-Region 8]


Montana Second 10-Year Carbon Monoxide Maintenance Plan for 
Missoula

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to re-approve a State Implementation Plan (SIP) revision 
submitted by the State of Montana. On September 19, 2016, the Governor 
of Montana submitted to the EPA a Clean Air Act (CAA) section 175A(b) 
second 10-year maintenance plan for the Missoula, Montana area for the 
carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). 
This limited maintenance plan (LMP) addresses maintenance of the CO 
NAAQS for a second 10-year period beyond the original redesignation. 
This action is being taken under sections 110 and 175A of the CAA.

DATES: Effective February 1, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0339. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Adam Clark, (303) 312-7104, 
clark.adam@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The factual background for this action is discussed in detail in 
our September 14, 2017 direct final rule (DFR) and proposal (82 FR 
43180, 82 FR 43208) approving the revised Missoula Maintenance Plan 
into the Montana SIP. The EPA received one adverse comment on the 
rulemaking and attempted to withdraw the DFR prior to the effective 
date of November 13, 2017. However, the EPA inadvertently did not 
withdraw the DFR prior to that date and the rule became prematurely 
effective on November 13, 2017, revising the Montana SIP to reflect the 
approval of the revised Missoula Maintenance Plan. In this final 
rulemaking, the EPA is responding to the comments submitted on the 
proposed revision to the Montana SIP, and is re-approving the revised 
Missoula Maintenance Plan into the Montana SIP. The background 
information found in the DFR is still relevant and our September 14, 
2017 proposal provides the basis for this final action.
    The EPA finds that there is good cause under section 553(d)(3) of 
the Administrative Procedure Act (APA) to make this action re-approving 
the revisions to the Montana SIP effective upon publication in the 
Federal Register. Section 553(d)(3) of the APA allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). This rule does not create any new regulatory requirements 
and does not change any existing regulatory requirements. For these 
reasons, the EPA finds good cause under APA section 553(d)(3) for the 
re-approval to become effective on the date of publication of this 
action.

II. Response to Comments

    The EPA received two anonymous public comments, one which we 
considered adverse, on our action to approve Montana's September 19, 
2016 SIP submittal. Below is a summary of each comment and the EPA's 
response.
    Comment: The first commenter asked whether we were ``expecting any 
push-back'' from businesses in extending the carbon monoxide plan for 
another 10 years.
    Response: Under the CAA, 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, the EPA's role is to approve state 
actions, provided that they meet the criteria of the CAA. With that, 
the EPA notes that we did not receive any comments from any individual 
businesses or business groups.
    Comment: The second commenter asserted that the EPA had failed to 
consider the effects of approving the SIP submission on the economy or 
energy independence as required by a March

[[Page 4598]]

28, 2017 Executive Order entitled ``Promoting Energy Independence and 
Economic Growth.'' (E. O. 13783).
    Response: Under the CAA, 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, the EPA's role is to approve state 
actions, provided that they meet the criteria of the CAA. The EPA 
cannot consider disapproving a SIP submission or require any changes 
based on E. O. 13783.

III. Final Action

    The EPA is re-approving the revised Missoula Maintenance Plan 
submitted on September 19, 2016. This maintenance plan meets the 
applicable CAA requirements, and we have determined it is sufficient to 
provide for maintenance of the 8-hour CO NAAQS over the course of the 
second 10-year maintenance period out to 2027. This rule, which 
responds to the adverse comment received, finalizes our proposed 
approval of the revised section of Montana's SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting federal 
requirements; this action 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 the EPA with the discretionary authority 
to address, as appropriate, disproportionate human health or 
environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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 
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).
    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. The 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 2, 2018. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Reporting and recordkeeping requirements.


    Dated: January 24, 2018.
Debra H. Thomas,
Acting 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 BB--Montana

0
2. Section 52.1373 is amended by revising paragraph (d) to read as 
follows:


Sec.  52.1373  Control strategy: Carbon monoxide.

* * * * *
    (d) Revisions to the Montana State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Missoula, as submitted by the 
Governor on September 19, 2016 (as approved by the EPA on February 1, 
2018).

[FR Doc. 2018-01854 Filed 1-31-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations 4597

reference, Intergovernmental relations, PART 52—APPROVAL AND ■ 2. In § 52.770, the table in paragraph
Particulate matter, Reporting and PROMULGATION OF (e) is amended by adding an entry in
recordkeeping requirements. IMPLEMENTATION PLANS alphabetical order for ‘‘Section 110(a)(2)
infrastructure requirements for the 2012
Dated: January 17, 2018.
■ 1. The authority citation for part 52 PM2.5 NAAQS’’ to read as follows:
Cathy Stepp,
continues to read as follows: § 52.770 Identification of plan.
Regional Administrator, Region 5.
Authority: 42 U.S.C. 7401 et seq. * * * * *
40 CFR part 52 is amended as follows: (e) * * *

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Title Indiana date EPA approval Explanation

* * * * * * *
Section 110(a)(2) infrastructure 6/10/2016 2/1/2018, [Insert Federal Reg- This action addresses the following CAA elements:
requirements for the 2012 ister citation]. 110(a)(2)(A), (B), (C), (D)(i)(II) except visibility, (D)(ii), (E),
PM2.5 NAAQS. (F), (G), (H), (J) except visibility, (K), (L), and (M).

* * * * * * *

[FR Doc. 2018–01924 Filed 1–31–18; 8:45 am] disclosure is restricted by statute. make this action re-approving the
BILLING CODE 6560–50–P Certain other material, such as revisions to the Montana SIP effective
copyrighted material, is not placed on upon publication in the Federal
the internet and will be publicly Register. Section 553(d)(3) of the APA
ENVIRONMENTAL PROTECTION available only in hard copy form. allows an effective date less than 30
AGENCY Publicly available docket materials are days after publication ‘‘as otherwise
available through http:// provided by the agency for good cause
40 CFR Part 52 www.regulations.gov, or please contact found and published with the rule.’’ 5
[EPA–R08–OAR–2017–0339; FRL–9973–17– the person identified in the FOR FURTHER U.S.C. 553(d)(3). This rule does not
Region 8] INFORMATION CONTACT section for create any new regulatory requirements
additional availability information. and does not change any existing
Montana Second 10-Year Carbon FOR FURTHER INFORMATION CONTACT: regulatory requirements. For these
Monoxide Maintenance Plan for Adam Clark, (303) 312–7104, reasons, the EPA finds good cause under
Missoula clark.adam@epa.gov. APA section 553(d)(3) for the re-
AGENCY: Environmental Protection approval to become effective on the date
SUPPLEMENTARY INFORMATION:
Agency (EPA). of publication of this action.
I. Background II. Response to Comments
ACTION: Final rule.
The factual background for this action The EPA received two anonymous
SUMMARY: The Environmental Protection is discussed in detail in our September
Agency (EPA) is taking final action to public comments, one which we
14, 2017 direct final rule (DFR) and considered adverse, on our action to
re-approve a State Implementation Plan proposal (82 FR 43180, 82 FR 43208)
(SIP) revision submitted by the State of approve Montana’s September 19, 2016
approving the revised Missoula SIP submittal. Below is a summary of
Montana. On September 19, 2016, the Maintenance Plan into the Montana SIP.
Governor of Montana submitted to the each comment and the EPA’s response.
The EPA received one adverse comment Comment: The first commenter asked
EPA a Clean Air Act (CAA) section on the rulemaking and attempted to
175A(b) second 10-year maintenance whether we were ‘‘expecting any push-
withdraw the DFR prior to the effective back’’ from businesses in extending the
plan for the Missoula, Montana area for date of November 13, 2017. However,
the carbon monoxide (CO) National carbon monoxide plan for another 10
the EPA inadvertently did not withdraw years.
Ambient Air Quality Standard the DFR prior to that date and the rule Response: Under the CAA, the
(NAAQS). This limited maintenance became prematurely effective on Administrator is required to approve a
plan (LMP) addresses maintenance of November 13, 2017, revising the SIP submission that complies with the
the CO NAAQS for a second 10-year Montana SIP to reflect the approval of provisions of the Act and applicable
period beyond the original the revised Missoula Maintenance Plan. federal regulations. 42 U.S.C. 7410(k);
redesignation. This action is being taken In this final rulemaking, the EPA is
40 CFR 52.02(a). Thus, in reviewing SIP
under sections 110 and 175A of the responding to the comments submitted submissions, the EPA’s role is to
CAA. on the proposed revision to the Montana approve state actions, provided that
DATES: Effective February 1, 2018. SIP, and is re-approving the revised they meet the criteria of the CAA. With
ADDRESSES: The EPA has established a Missoula Maintenance Plan into the that, the EPA notes that we did not
docket for this action under Docket ID Montana SIP. The background receive any comments from any
Number EPA–R08–OAR–2017–0339. All information found in the DFR is still
daltland on DSKBBV9HB2PROD with RULES

individual businesses or business
documents in the docket are listed on relevant and our September 14, 2017 groups.
the http://www.regulations.gov website. proposal provides the basis for this final Comment: The second commenter
Although listed in the index, some action. asserted that the EPA had failed to
information is not publicly available, The EPA finds that there is good consider the effects of approving the SIP
e.g., confidential business information cause under section 553(d)(3) of the submission on the economy or energy
(CBI) or other information whose Administrative Procedure Act (APA) to independence as required by a March

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4598 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations

28, 2017 Executive Order entitled • Does not have federalism or action. This action may not be
‘‘Promoting Energy Independence and implications as specified in Executive challenged later in proceedings to
Economic Growth.’’ (E. O. 13783). Order 13132 (64 FR 43255, August 10, enforce its requirements. (See CAA
Response: Under the CAA, the 1999); section 307(b)(2).)
Administrator is required to approve a • Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52
SIP submission that complies with the
provisions of the Act and applicable safety risks subject to Executive Order Environmental protection, Air
federal regulations. 42 U.S.C. 7410(k); 13045 (62 FR 19885, April 23, 1997); pollution control, Carbon monoxide,
40 CFR 52.02(a). Thus, in reviewing SIP • Is not a significant regulatory action Incorporation by reference, Reporting
submissions, the EPA’s role is to subject to Executive Order 13211 (66 FR and recordkeeping requirements.
approve state actions, provided that 28355, May 22, 2001);
they meet the criteria of the CAA. The • Is not subject to requirements of Dated: January 24, 2018.
section 12(d) of the National Debra H. Thomas,
EPA cannot consider disapproving a SIP
Technology Transfer and Advancement Acting Regional Administrator, Region 8.
submission or require any changes
based on E. O. 13783. Act of 1995 (15 U.S.C. 272 note) because 40 CFR part 52 is amended as follows:
application of those requirements would
III. Final Action be inconsistent with the Clean Air Act; PART 52—APPROVAL AND
The EPA is re-approving the revised and PROMULGATION OF
• Does not provide the EPA with the IMPLEMENTATION PLANS
Missoula Maintenance Plan submitted
discretionary authority to address, as
on September 19, 2016. This ■ 1. The authority citation for part 52
appropriate, disproportionate human
maintenance plan meets the applicable continues to read as follows:
health or environmental effects, using
CAA requirements, and we have
practicable and legally permissible Authority: 42 U.S.C. 7401 et seq.
determined it is sufficient to provide for
methods, under Executive Order 12898
maintenance of the 8-hour CO NAAQS
(59 FR 7629, February 16, 1994). Subpart BB—Montana
over the course of the second 10-year In addition, the SIP does not apply on
maintenance period out to 2027. This any Indian reservation land or in any ■ 2. Section 52.1373 is amended by
rule, which responds to the adverse other area where the EPA or an Indian revising paragraph (d) to read as
comment received, finalizes our tribe has demonstrated that a tribe has follows:
proposed approval of the revised section jurisdiction. In those areas of Indian
of Montana’s SIP. § 52.1373 Control strategy: Carbon
country, the rule does not have tribal monoxide.
IV. Statutory and Executive Order implications and will not impose
* * * * *
Reviews substantial direct costs on tribal (d) Revisions to the Montana State
governments or preempt tribal law as Implementation Plan, revised Carbon
Under the CAA, the Administrator is specified by Executive Order 13175 (65
required to approve a SIP submission Monoxide Maintenance Plan for
FR 67249, November 9, 2000). Missoula, as submitted by the Governor
that complies with the provisions of the The Congressional Review Act, 5
Act and applicable federal regulations. on September 19, 2016 (as approved by
U.S.C. 801 et seq., as added by the Small
42 U.S.C. 7410(k); 40 CFR 52.02(a). the EPA on February 1, 2018).
Business Regulatory Enforcement
Thus, in reviewing SIP submissions, the Fairness Act of 1996, generally provides [FR Doc. 2018–01854 Filed 1–31–18; 8:45 am]
EPA’s role is to approve state actions, that before a rule may take effect, the BILLING CODE 6560–50–P
provided that they meet the criteria of agency promulgating the rule must
the CAA. Accordingly, this action submit a rule report, which includes a
merely approves some state law copy of the rule, to each House of the ENVIRONMENTAL PROTECTION
provisions as meeting federal Congress and to the Comptroller General AGENCY
requirements; this action does not of the United States. The EPA will
impose additional requirements beyond 40 CFR Part 124
submit a report containing this action
those imposed by state law. For that and other required information to the [FRL–9971–52–OARM]
reason, this action: U.S. Senate, the U.S. House of
• Is not a significant regulatory action Representatives, and the Comptroller Consolidated Rules of Practice
subject to review by the Office of General of the United States prior to Governing the Administrative
Management and Budget under publication of the rule in the Federal Assessment of Civil Penalties,
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect Issuance of Compliance or Corrective
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the Action Orders, and the Revocation/
January 21, 2011); Federal Register. This action is not a Termination or Suspension of Permits;
• Does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. Procedures for Decisionmaking;
collection burden under the provisions 804(2). Correction
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the CAA, AGENCY: Environmental Protection
U.S.C. 3501 et seq.); petitions for judicial review of this Agency.
• Is certified as not having a action must be filed in the United States ACTION: Correcting amendments.
significant economic impact on a Court of Appeals for the appropriate
substantial number of small entities circuit by April 2, 2018. Filing a petition SUMMARY: The Environmental Protection
under the Regulatory Flexibility Act (5 for reconsideration by the Administrator Agency (EPA) published a document in
daltland on DSKBBV9HB2PROD with RULES

U.S.C. 601 et seq.); of this final rule does not affect the the Federal Register on January 9, 2017.
• Does not contain any unfunded finality of this action for the purposes of That document revised filing and
mandate or significantly or uniquely judicial review nor does it extend the service requirements in permit appeal
affect small governments, as described time within which a petition for judicial proceedings before the Environmental
in the Unfunded Mandates Reform Act review may be filed, and shall not Appeals Board, but in doing so two
of 1995 (Pub. L. 104–4); postpone the effectiveness of such rule subsections of the procedural rule were

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Document Created: 2018-10-26 13:47:08
Document Modified: 2018-10-26 13:47:08

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		Effective February 1, 2018.
Contact		Adam Clark, (303) 312-7104, [email protected]
FR Citation		83 FR 4597
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference and Reporting and Recordkeeping Requirements