Approval and Promulgation of State Implementation Plans; State of Montana; Interstate Transport of Pollution for the 2006 PM2.5, 27883-27888 [2013-11292]
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
efficiency and reduce burden for
VOSBs?
6. What additional training tools or
assistance might be offered to create
more clarity for stakeholders and help
them more efficiently and effectively
navigate the verification regulations?
7. What documents, records, or other
materials could the Office for the Center
for Veterans Enterprise use to
distinguish legitimate VOSBs/SDVOSBs
from businesses that fraudulently seek
contracts from the Government?
8. Would a special Hotline to report
suspected ineligible VOSBs/SDVOSBs
help the Government ensure that
contracts are awarded to legitimate
VOSBs/SDVOSBs?
Approved: May 7, 2013.
Jose D. Riojas,
Interim Chief of Staff, Department of Veterans
Affairs.
[FR Doc. 2013–11326 Filed 5–10–13; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0347; FRL–9813–3]
Approval and Promulgation of State
Implementation Plans; State of
Montana; Interstate Transport of
Pollution for the 2006 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
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AGENCY:
SUMMARY: EPA is proposing to partially
approve and partially disapprove
portions of a State Implementation Plan
(SIP) submission from the State of
Montana that are intended to
demonstrate that its SIP meets certain
interstate transport requirements of the
Clean Air Act (‘‘Act’’ or ‘‘CAA’’) for the
2006 fine particulate matter (‘‘PM2.5’’)
National Ambient Air Quality Standards
(‘‘NAAQS’’). This submission addresses
the requirement that Montana’s SIP
contain adequate provisions to prohibit
air emissions from adversely affecting
another state’s air quality through
interstate transport. Specifically, EPA is
proposing to partially approve and
partially disapprove the portion of the
Montana SIP submission that addresses
the CAA requirement prohibiting
emissions from Montana sources from
significantly contributing to
nonattainment of the 2006 PM2.5
NAAQS in any other state or interfering
with maintenance of the 2006 PM2.5
NAAQS by any other state. EPA is also
proposing to partially approve and
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partially disapprove the portion of
Montana’s submission that addresses
the CAA requirement that SIPs contain
provisions to insure compliance with
specific other CAA requirements
relating to interstate and international
pollution abatement. The partial
disapprovals, if finalized, would not
trigger an obligation for EPA to
promulgate a Federal Implementation
Plan (FIP) to address these interstate
transport requirements as EPA is
determining that the existing SIP is
adequate to meet the specific CAA
requirements.
Comments must be received on
or before June 12, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2012–0347, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: clark.adam@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Carl Daly, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Carl Daly, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop, Denver, Colorado
80202–1129. Such deliveries are only
accepted Monday through Friday, 8:00
a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2012–
0347. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA, without going through https://
www.regulations.gov, your email
DATES:
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address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop,
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, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, 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 CAIR mean or refer to the
Clean Air Interstate Rule
(iii) The initials CSAPR mean or refer to
the Cross-State Air Pollution Rule
(iv) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
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(v) The initials SIP mean or refer to State
Implementation Plan.
(vi) The initials MDEQ mean or refer to the
Montana Department of Environmental
Quality.
(vii) The words Montana and State mean
the State of Montana.
Table of Contents
I. General Information
II. Background
A. 2006 PM2.5 NAAQS and Interstate
Transport
B. Rules Addressing Interstate Transport
for the 2006 PM2.5 NAAQS in the Eastern
United States
C. EPA Guidance for SIP Submissions to
Address Interstate Transport for the 2006
PM2.5 NAAQS
III. Montana’s Submittal
IV. EPA’s Evaluation
A. Identification of Nonattainment and
Maintenance Receptors
B. Evaluation of Significant Contribution to
Nonattainment
C. Evaluation of Interference With
Maintenance
D. Evaluation of Montana’s SIP With
regard to CAA section 110(a)(2)(D)(ii)
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. General Information
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What should I consider as I prepare my
comments for EPA?
1. Submitting CBI. Do not submit CBI
to EPA through https://
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD–ROM that
you mail to EPA, mark the outside of the
disk or CD–ROM as CBI and then
identify electronically within the disk or
CD–ROM the specific information that
is claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
A. 2006 PM2.5 NAAQS and Interstate
Transport
Section 110(a)(2)(D)(i) of the CAA
identifies four distinct elements related
to the evaluation of impacts of interstate
transport of air pollutants. In this action
for the state of Montana, EPA is
addressing the first two elements of
section 110(a)(2)(D)(i) with respect to
the 2006 PM2.5 NAAQS.1 The first
element of section 110(a)(2)(D)(i)
requires that each SIP for a new or
revised NAAQS contain adequate
provisions to prohibit any source or
other type of emissions activity within
the state from emitting air pollutants
that will ‘‘contribute significantly to
nonattainment’’ of the NAAQS in
another state. The second element of
CAA section 110(a)(2)(D)(i) requires that
each SIP for a new or revised NAAQS
contain adequate provisions to prohibit
any source or other type of emissions
activity in the state from emitting
pollutants that will ‘‘interfere with
maintenance’’ of the applicable NAAQS
in any other state.
EPA is also addressing the
requirements of section 110(a)(2)(D)(ii)
with respect to the 2006 PM2.5 NAAQS.
Section 110(a)(2)(D)(ii) requires each
SIP to contain adequate provisions to
insure compliance with the applicable
requirements of sections 126 and 115 of
the Act. Section 126 pertains to
notification to nearby states and
petitions from states to EPA regarding
interstate transport of pollution. Section
115 pertains to international transport of
pollution.
1 This proposed action does not address the two
elements of the transport SIP provision (in CAA
section 110(a)(2)(D)(i)(II)) regarding interference
with measures required to prevent significant
deterioration of air quality or to protect visibility in
another state. We will act on these elements in a
separate rulemaking.
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B. EPA Rules Addressing Interstate
Transport for the 2006 PM2.5 NAAQS in
the Eastern United States
EPA has addressed the requirements
of section 110(a)(2)(D)(i)(I) for many
states in the eastern portion of the
country in three regulatory actions.2
Most recently, EPA published the final
Cross State Air Pollution Rule
(‘‘CSAPR’’ or ‘‘Transport Rule’’) to
address the first two elements of CAA
section 110(a)(2)(D)(i)(I) in the Eastern
United States with respect to the 2006
PM2.5 NAAQS, the 1997 PM2.5 NAAQS,
and the 1997 8-hour ozone NAAQS
(August 8, 2011, 76 FR 48208). CSAPR
was intended to replace the earlier
Clean Air Interstate Rule (CAIR) which
was judicially remanded.3 See North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir.
2008). On August 21, 2012, a panel of
the U.S. Court of Appeals for the D.C.
Circuit issued a decision to vacate the
CSAPR. See EME Homer City
Generation, L.P. v. E.P.A., 696 F.3d 7
(D.C. Cir. 2012). The EME Homer City
panel also ordered EPA to continue
implementing CAIR in the interim. On
March 29, 2013, the United States asked
the Supreme Court to review the EME
Homer City decision. In the mean time,
and unless the EME Homer City
decision is reversed or otherwise
modified, EPA intends to act in
accordance with the panel opinion in
EME Homer City.
It is important to note that Montana
was not among the states covered by
CAIR and CSAPR and was outside of the
modeling domain used in the analysis
for those rules. However, as explained
in section IV of this proposal, our
methodology and analysis for evaluating
Montana’s compliance with
110(a)(2)(D)(i)(I) for the 2006 PM2.5
NAAQS is intended to be consistent
with portions of the methodology in
CSAPR that were not called into
question in the D.C. Circuit’s decision,
in particular the methodology used to
identify monitors in other states—called
‘‘receptors’’—that are appropriate for
assessing interstate transport.
C. EPA Guidance for SIP Submissions
To Address Interstate Transport for the
2006 PM2.5 NAAQS
On September 25, 2009, EPA issued a
guidance memorandum that provides
recommendations to states for making
SIP submissions to meet the
requirements of CAA section
2 See NO SIP Call, 63 FR 57371 (October 27,
X
1998); CAIR, 70 FR 25172 (May 12, 2005); and
Transport Rule or Cross-State Air Pollution Rule, 76
FR 48208 (August 8, 2011).
3 CAIR addressed the 1997 annual and 24-hour
PM2.5 NAAQS, and the 1997 8-hour ozone NAAQS.
It did not address the 2006 24-hour PM2.5 NAAQS.
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110(a)(2)(D)(i) for the 2006 PM2.5
standards (‘‘2006 PM2.5 NAAQS
Infrastructure Guidance’’ or
‘‘Guidance’’).4 With respect to the
requirement in section 110(a)(2)(D)(i)(I)
to prohibit emissions that would
contribute significantly to
nonattainment of the NAAQS in any
other state, the 2006 PM2.5 NAAQS
Infrastructure Guidance essentially
reiterated the recommendations for
western states made by EPA in previous
guidance addressing the 110(a)(2)(D)(i)
requirements for the 1997 8-hour Ozone
and 1997 PM2.5 NAAQS.5 The 2006
PM2.5 NAAQS Infrastructure Guidance
advised states outside of the CAIR
region to include in their section
110(a)(2)(D)(i)(I) SIP submissions an
adequate technical analysis to support
their conclusions regarding interstate
pollution transport, e.g., information
concerning emissions in the state,
meteorological conditions in the state
and in potentially impacted states,
monitored ambient pollutant
concentrations in the state and in
potentially impacted states, distances to
the nearest areas not attaining the
NAAQS in other states, and air quality
modeling.6 With respect to the
requirement in section 110(a)(2)(D)(i)(I)
to prohibit emissions that would
interfere with maintenance of the
NAAQS by any other state, the
Guidance stated that SIP submissions
must address this independent and
distinct requirement of the statute and
provide technical information
appropriate to support the State’s
conclusions, such as information
concerning emissions in the state,
meteorological conditions in the state
and in potentially impacted states,
monitored ambient concentrations in
4 See Memorandum from William T. Harnett
entitled ‘‘Guidance on SIP Elements Required
Under Sections 110(a)(1) and (2) for the 2006 24Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards (NAAQS),’’ September 25, 2009,
available at https://www.epa.gov/ttn/caaa/t1/
memoranda/
20090925_harnett_pm25_sip_110a12.pdf.
5 See Memorandum from William T. Harnett
entitled ‘‘Guidance for State Implementation Plan
(SIP) Submission to Meet Current Outstanding
Obligations Under Section 110(a)(2)(D)(i) for the 8hour ozone and PM2.5 National Ambient Air Quality
Standards,’’ August 15, 2006, available at https://
www.epa.gov/ttn/caaa/t1/memoranda/
section110a2di_sip_guidance.pdf.
6 The 2006 PM
2.5 NAAQS Infrastructure Guidance
stated that EPA was working on a new rule to
replace CAIR that would address issues raised by
the court in the North Carolina case and that would
provide guidance to states in addressing the
requirements related to interstate transport in CAA
section 110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS.
It also noted that states could not rely on the CAIR
rule for section 110(a)(2)(D)(i)(I) submissions for the
2006 24-hour PM2.5 NAAQS because the CAIR rule
did not address this NAAQS. See 2006 PM2.5
NAAQS Infrastructure Guidance at 3.
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the state and in potentially impacted
states, and air quality modeling.
In assessing interstate transport of
emissions from Montana, EPA continues
to consider relevant the types of
information that were suggested in the
2006 PM2.5 NAAQS Infrastructure
Guidance. Such information may
include, but is not limited to, the
amount of emissions in the state
relevant to the NAAQS in question, the
meteorological conditions in the area,
the distance from the state to the nearest
monitors in other states that are
appropriate receptors, or such other
information as may be probative to
consider whether sources in the state
may contribute significantly to
nonattainment or interfere with
maintenance of the 2006 PM2.5 NAAQS
in other states. Modeling can be relied
on when acceptable modeling technical
analyses are available, but EPA does not
believe that modeling is necessarily
required if other available information is
sufficient to evaluate the presence or
degree of interstate transport in a
specific situation.
III. Montana’s Submittal
On February 10, 2010, the Montana
Department of Environmental Quality
(MDEQ) made a submission certifying
that Montana’s SIP is adequate to
implement the 2006 PM2.5 NAAQS for
all the ‘‘infrastructure’’ requirements of
CAA section 110(a)(2). This submission
included a brief transport analysis to
support the conclusion that Montana’s
SIP meets the requirements of CAA
section 110(a)(2)(D)(i)(I) for this
NAAQS.7
Montana’s PM2.5 transport analysis
relies almost solely on EPA’s decision
not to model contribution from Montana
to other states for the CAIR. We do not
consider this adequate analysis, in large
part because CAIR did not address the
2006 PM2.5 NAAQS.8 Moreover, as
Montana was outside the modeling
domains used in developing CAIR and
CSAPR, EPA did not model the impact
of emissions from Montana in the
modeling done for either rule. EPA’s
decision in CAIR and CSAPR to focus
on transport among states in the eastern
and central portions of the U.S. did not
constitute a determination that SIPs for
states outside the modeling domain (e.g.
those in the Western U.S.) were
necessarily adequate to address
interstate transport for the 1997 or 2006
PM2.5 NAAQS. As a result, western
states such as Montana that were not
7 MDEQ’s certification letter, dated February 10,
2010 is included in the docket for this action.
8 CAIR addressed the 1997 PM
2.5 and 1997 ozone
NAAQS.
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27885
included in the modeling domains for
the CAIR and CSAPR rulemakings
cannot rely on that modeling to
demonstrate the adequacy of their
transport SIPs. Such states, if they chose
to submit transport SIPs for the 2006
PM2.5 NAAQS, must conduct a transport
analysis that relies on relevant data and
factors. MDEQ’s submission contains no
technical analysis of potential interstate
transport or any other support for the
State’s conclusion that the existing
Montana SIP satisfies the requirements
of CAA section 110(a)(2)(D)(i)(I) for the
2006 24-hour PM2.5 NAAQS. MDEQ’s
submission also failed to address how
Montana’s SIP is adequate to meet the
requirements of CAA section
110(a)(2)(D)(ii).
IV. EPA’s Evaluation
To determine whether the CAA
section 110(a)(2)(D)(i)(I) requirement is
satisfied, EPA first determines whether
a state’s emissions contribute
significantly to nonattainment or
interfere with maintenance in
downwind areas. If a state is determined
not to have such contribution or
interference, then section
110(a)(2)(D)(i)(I) does not require any
changes to that state’s SIP. If, however,
the evaluation reveals that emissions
from sources within the state do
contribute significantly to
nonattainment or interfere with
maintenance in other states, then the
state must adopt substantive provisions
to eliminate those emissions. The state
could achieve any required reductions
through traditional command and
control programs, or at its own election,
through participation in a cap and trade
program.
Consistent with the first step of EPA’s
approach in the 1998 NOX SIP call, the
2005 CAIR, and the 2011 CSAPR, EPA
is evaluating impacts of emissions from
Montana with respect to specific
monitors identified as having
nonattainment and/or maintenance
problems, which we refer to as
‘‘receptors.’’ To evaluate these impacts,
and in the absence of relevant modeling
of Montana emissions, EPA is
examining factors suggested by the 2006
Guidance such as monitoring data,
topography, and meteorology. EPA
notes that no single piece of information
is by itself dispositive of the issue.
Instead, the total weight of all the
evidence taken together is used to
evaluate significant contributions to
nonattainment or interference with
maintenance of the 2006 24-hour PM2.5
NAAQS in another state.
As noted above, Montana’s February
10, 2010 transport analysis relies on
factors irrelevant to the 2006 PM2.5
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NAAQS, and lacks any technical
analysis to support the State’s
conclusion with respect to interstate
transport. For these reasons, we propose
to partially disapprove the State’s
submission. However, we also propose
to partially approve the submission
based on EPA’s supplemental
evaluation of relevant technical
information, which supports a finding
that emissions from Montana do not
significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in any other state and that the
existing Montana SIP is, therefore,
adequate to meet the requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2006 24-hour PM2.5 NAAQS.
Our supplemental evaluation
considers several factors, including
identification of the monitors in other
states that are appropriate
‘‘nonattainment receptors’’ or
‘‘maintenance receptors,’’ consistent
with EPA’s approach in the CSAPR, and
additional technical information to
evaluate whether emissions from
Montana contribute significantly to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS at these receptors.
Our Technical Support Document
(TSD) contains a detailed evaluation
and is available in the public docket for
this rulemaking, which may be accessed
online at https://www.regulations.gov,
docket number EPA–R08–OAR–2012–
0347. Below, we provide a summary of
our analysis.
A. Identification of Nonattainment and
Maintenance Receptors
EPA evaluated data from existing
monitors over three overlapping 3-year
periods (i.e., 2006–2008, 2007–2009,
and 2008–2010) to determine which
areas were violating the 2006 PM2.5
NAAQS and which areas might have
difficulty maintaining the standard. If a
monitoring site measured a violation of
the 2006 PM2.5 NAAQS during the most
recent 3-year period (2008–2010), then
this monitor location was evaluated for
purposes of the significant contribution
to nonattainment element of section
110(a)(2)(D)(i)(I). If, on the other hand,
a monitoring site shows attainment of
the 2006 PM2.5 NAAQS during the most
recent 3-year period (2008–2010) but a
violation in at least one of the previous
two 3-year periods (2006–2008 or 2007–
2009), then this monitor location was
evaluated for purposes of the interfere
with maintenance element of the
statute.
This approach is similar to that used
in the modeling done during the
development of CSAPR to identify the
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areas/receptors of concern when
evaluating interstate transport. Nothing
in the EME Homer City decision
disturbs or undermines the validity of
this approach to identifying receptors.
However, as noted above, CSAPR did
not model interstate transport of
emissions from Montana to these
receptors, so we consider other
technical information to make our
evaluation.
Idaho nonattainment receptors,
indicating that elevated PM2.5 levels are
predominantly caused by emissions
from local sources; (2) topographical
considerations such as intervening
mountain ranges; and 3) meteorological
considerations such as prevailing
winds. While none of these factors by
itself would necessarily show noncontribution, when taken together in a
weight-of-evidence assessment they are
sufficient for EPA to determine that
B. Evaluation of Significant
emissions from Montana do not
Contribution to Nonattainment
significantly contribute to
EPA reviewed technical information
nonattainment at the Idaho receptors.
EPA also evaluated potential PM2.5
to evaluate the potential for Montana
transport to nonattainment receptors in
emissions to contribute significantly to
the more distant western states of
nonattainment of the 2006 PM2.5
NAAQS at specified monitoring sites in Oregon, Washington, Utah, Nevada, and
the Western U.S.9 EPA first identified as California. The following factors
support a finding that emissions from
‘‘nonattainment receptors’’ all
Montana do not significantly contribute
monitoring sites in the western states
to nonattainment of the 2006 24-hour
that had recorded PM2.5 design values
PM2.5 NAAQS in any of these states: (1)
above the level of the 2006 24-hour
The significant distance from Montana
PM2.5 NAAQS (35 mg/m3) during the
years 2008–2010.10 See Section III of our to the nonattainment receptors in these
states; (2) technical information, such as
TSD for more a more detailed
data from nearby monitors, indicating
description of EPA’s methodology for
that elevated PM2.5 levels at
selection of nonattainment receptors.
nonattainment receptors in these states
Because geographic distance is a
are predominantly caused by emissions
relevant factor in the assessment of
from local sources; and (3) the presence
potential pollution transport, EPA first
of intervening mountain ranges, which
reviewed information related to
tend to impede pollution transport.
potential transport of PM2.5 pollution
Based on our evaluation, we propose
from Montana to the nonattainment
to conclude that emissions of direct
receptors in states bordering Montana,
PM2.5 and PM2.5 precursors from sources
both of which were in Idaho. As
in the State of Montana do not
detailed in our TSD, the following
significantly contribute to
factors support a finding that emissions
nonattainment of the 2006 24-hour
from Montana do not significantly
contribute to nonattainment of the 2006 PM2.5 standards in any other state, that
the existing SIP for the State of Montana
24-hour PM2.5 NAAQS in Idaho: (1)
is adequate to satisfy the ‘‘significant
Technical information, such as data
contribution’’ requirements of CAA
from monitors in the vicinity of the
section 110(a)(2)(D)(i)(I) with respect to
the 2006 24-hour PM2.5 standards, and
9 EPA also considered potential PM
2.5 transport
that the State of Montana therefore does
from Montana to the nearest nonattainment and
maintenance receptors located in the eastern,
not need to adopt additional controls for
midwestern and southern states covered by CSAPR
purposes of implementing the
and believes it is reasonable to conclude that, given
the significant distance from Montana to the nearest ‘‘significant contribution’’ requirements
of 110(a)(2)(D)(i)(I) with respect to that
such receptor (in Wisconsin) and the relatively
insignificant amount of emissions from Montana
NAAQS at this time.
that could potentially be transported such a
distance, emissions from Montana sources do not
significantly contribute to nonattainment or
interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS at this location. These same factors
also support a finding that emissions from Montana
sources neither contribute significantly to
nonattainment nor interfere with maintenance of
the 2006 24-hour PM2.5 NAAQS at any location
further east. See TSD at Section I.B.3.
10 Because CAIR did not cover states in the
Western United States, these data are not
significantly impacted by the remanded CAIR and
thus could be considered in this analysis. In
contrast, recent air quality data in the eastern,
midwestern and southern states are significantly
impacted by reductions associated with CAIR and
because CSAPR was developed to replace CAIR,
EPA could not consider reductions associated with
the CAIR in the base case transport analysis for
those states. See 76 FR at 48223–24.
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C. Evaluation of Interference With
Maintenance
We also reviewed technical
information to evaluate the potential for
Montana emissions to interfere with
maintenance of the 2006 24-hour PM2.5
standards at specified monitoring sites
in the Western U.S. EPA first identified
as ‘‘maintenance receptors’’ all
monitoring sites in the western states
that had recorded PM2.5 design values
above the level of the 2006 24-hour
PM2.5 NAAQS (35 mg/m3) during the
2006–2008 and/or 2007–2009 periods
but below this standard during the
2008–2010 period. See section III of our
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TSD for more information regarding
EPA’s methodology for selection of
maintenance receptors. All of the
maintenance receptors in the western
states are located in California, Utah and
Arizona. EPA therefore evaluated the
potential for transport of Montana
emissions to the maintenance receptors
located in these states. As detailed in
our TSD, the following factors support
a finding that emissions from Montana
do not interfere with maintenance of the
2006 24-hour PM2.5 NAAQS in those
states: (1) Technical information
indicating that elevated PM2.5 levels at
these maintenance receptors are
predominantly caused by local emission
sources; and (2) the significant distance
between Montana and these
maintenance receptors.
Based on this evaluation, EPA
proposes to conclude that emissions of
direct PM2.5 and PM2.5 precursors from
sources in the State of Montana do not
interfere with maintenance of the 2006
24-hour PM2.5 standards in any other
state, that the existing SIP for the State
of Montana is adequate to satisfy the
‘‘interfere with maintenance’’
requirements of CAA section
110(a)(2)(D)(i)(I), and that the State of
Montana therefore does not need to
adopt additional controls for purposes
of implementing the ‘‘interfere with
maintenance’’ requirements of section
110(a)(2)(D)(i)(I) with respect to that
NAAQS at this time.
emcdonald on DSK67QTVN1PROD with PROPOSALS
D. Evaluation of Montana’s SIP With
Regard to CAA Section 110(a)(2)(D)(ii)
As stated, MDEQ’s February 10, 2010
submission did not address the
requirements of CAA section
110(a)(2)(D)(ii), which requires that each
SIP shall contain adequate provisions
insuring compliance with applicable
requirements of sections 126 and 115
(relating to interstate and international
pollution abatement). Because the State
did not address this element for the
2006 PM2.5 NAAQS, EPA proposes to
partially disapprove this portion of
Montana’s submission. However, we
also propose to partially approve the
submission based on our evaluation
which finds that Montana’s existing SIP
is sufficient to meet the requirements of
110(a)(2)(D)(ii).
Section 126(a) requires notification to
affected, nearby states of major
proposed new (or modified) sources.
Sections 126(b) and (c) pertain to
petitions by affected states to the
Administrator regarding sources
violating the ‘‘interstate transport’’
provisions of section 110(a)(2)(D)(i).
Section 115 similarly pertains to
international transport of air pollution.
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As required by 40 CFR
51.166(q)(2)(iv), Montana’s SIPapproved PSD program requires notice
to states whose lands may be affected by
the emissions of sources subject to
PSD.11 This suffices to meet the notice
requirement of section 126(a).
Montana has no pending obligations
under sections 126(c) or 115(b);
therefore, its SIP currently meets the
requirements of those sections. In
summary, the SIP meets the
requirements of 110(a)(2)(D)(ii) for the
2006 PM2.5 NAAQS.
V. Proposed Action
EPA is proposing to partially approve
and partially disapprove the
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii)
portions of Montana’s February 10, 2010
submission. We propose to partially
disapprove the 110(a)(2)(D)(i)(I) portion
of the submission because it relies on
irrelevant factors and lacks any
technical analysis to support the State’s
conclusion with respect to interstate
transport. However, we also propose to
partially approve this portion of the
submission based on EPA’s
supplemental evaluation of relevant
technical information, which supports a
finding that emissions from Montana do
not significantly contribute to
nonattainment or interfere with
maintenance of the 2006 24-hour PM2.5
NAAQS in any other state and that the
existing Montana SIP is, therefore,
adequate to meet the requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2006 24-hour PM2.5 NAAQS. We
propose to conclude that any FIP
obligation resulting from finalization of
the partial disapproval would be
satisfied by our determination that there
is no deficiency in the SIP to correct.
Finalization of this proposed
disapproval also would not require any
further action on Montana’s part given
EPA’s conclusion that the SIP is
adequate to meet the requirements of
CAA section 110(a)(2)(D)(i)(I) for the
2006 24-hour PM2.5 NAAQS.
Similarly, EPA is proposing to
partially disapprove the 110(a)(2)(D)(ii)
portion of Montana’s submission
because it fails to address or discuss this
CAA requirement. However, we propose
to partially approve this portion of the
submission based on the conclusion that
the State’s existing SIP is adequate to
meet the requirements of CAA section
110(a)(2)(D)(ii) for the 2006 24-hour
PM2.5 NAAQS. For similar reasons, the
partial disapproval of the submission for
the 110(a)(2)(D)(ii) requirement does not
require any further action from Montana
11 See Administrative Rule of Montana (‘‘ARM’’)
17.8.826(2)(d).
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Sfmt 4702
27887
or create any additional FIP obligation
for EPA.
VI. 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,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely approves some state law
as meeting federal requirements and
disapproves other state law because it
does not meet federal requirements; this
proposed action does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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 (Public Law 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 CAA; 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, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
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Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Proposed Rules
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile Organic
Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 2, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013–11292 Filed 5–10–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0348; FRL–9813–2]
Approval and Promulgation of State
Implementation Plans; State of North
Dakota; Interstate Transport of
Pollution for the 2006 PM2.5 NAAQS
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
emcdonald on DSK67QTVN1PROD with PROPOSALS
AGENCY:
SUMMARY: EPA is proposing to approve
portions of a State Implementation Plan
(SIP) submission from the State of North
Dakota which demonstrates that its SIP
meets certain interstate transport
requirements of the Clean Air Act
(‘‘Act’’ or ‘‘CAA’’) for the 2006 fine
particulate matter (‘‘PM2.5’’) National
Ambient Air Quality Standards
(‘‘NAAQS’’). This submission addresses
the requirement that North Dakota’s SIP
contain adequate provisions to prohibit
air emissions from adversely affecting
another state’s air quality through
interstate transport. In this action, EPA
is proposing to approve the portion of
the North Dakota SIP submission that
addresses the CAA requirement
prohibiting emissions from North
Dakota sources from significantly
contributing to nonattainment of the
2006 PM2.5 NAAQS in any other state or
interfering with maintenance of the
2006 PM2.5 NAAQS by any other state.
DATES: Comments must be received on
or before June 12, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2012–0348, by one of the
following methods:
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14:16 May 10, 2013
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• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• Email: clark.adam@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Carl Daly, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129.
• Hand Delivery: Carl Daly, Director,
Air Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop, Denver, Colorado
80202–1129. Such deliveries are only
accepted Monday through Friday, 8:00
a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2012–
0348. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA, without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I.
General Information of the
SUPPLEMENTARY INFORMATION section of
this document.
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop,
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, Air Program, U.S.
Environmental Protection Agency,
Region 8, Mailcode 8P–AR, 1595
Wynkoop, 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.
(ii) The initials CAIR mean or refer to the
Clean Air Interstate Rule.
(iii) The initials CSAPR mean or refer to
the Cross-State Air Pollution Rule.
(iv) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
(v) The initials SIP mean or refer to State
Implementation Plan.
(vi) The words North Dakota and State
mean the State of North Dakota.
Table of Contents
I. General Information
II. Background
A. 2006 PM2.5 NAAQS and Interstate
Transport
B. EPA Rules Addressing Interstate
Transport for the 2006 PM2.5 NAAQS in
Eastern States
III. North Dakota’s Submittal
IV. EPA’s Evaluation
A. EPA’s Approach for Evaluating
Interstate Transport of Air Pollution
B. EPA’s Evaluation of North Dakota’s
Submittal
V. Proposed Action
VI. Statutory and Executive Order Reviews
E:\FR\FM\13MYP1.SGM
13MYP1
Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Proposed Rules]
[Pages 27883-27888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11292]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0347; FRL-9813-3]
Approval and Promulgation of State Implementation Plans; State of
Montana; Interstate Transport of Pollution for the 2006 PM2.5 NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to partially approve and partially disapprove
portions of a State Implementation Plan (SIP) submission from the State
of Montana that are intended to demonstrate that its SIP meets certain
interstate transport requirements of the Clean Air Act (``Act'' or
``CAA'') for the 2006 fine particulate matter (``PM2.5'')
National Ambient Air Quality Standards (``NAAQS''). This submission
addresses the requirement that Montana's SIP contain adequate
provisions to prohibit air emissions from adversely affecting another
state's air quality through interstate transport. Specifically, EPA is
proposing to partially approve and partially disapprove the portion of
the Montana SIP submission that addresses the CAA requirement
prohibiting emissions from Montana sources from significantly
contributing to nonattainment of the 2006 PM2.5 NAAQS in any
other state or interfering with maintenance of the 2006
PM2.5 NAAQS by any other state. EPA is also proposing to
partially approve and partially disapprove the portion of Montana's
submission that addresses the CAA requirement that SIPs contain
provisions to insure compliance with specific other CAA requirements
relating to interstate and international pollution abatement. The
partial disapprovals, if finalized, would not trigger an obligation for
EPA to promulgate a Federal Implementation Plan (FIP) to address these
interstate transport requirements as EPA is determining that the
existing SIP is adequate to meet the specific CAA requirements.
DATES: Comments must be received on or before June 12, 2013.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0347, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
Email: clark.adam@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Carl Daly, Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
Hand Delivery: Carl Daly, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2012-0347. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA, without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I. General Information of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop, 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, Air Program, U.S.
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595
Wynkoop, 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 CAIR mean or refer to the Clean Air Interstate
Rule
(iii) The initials CSAPR mean or refer to the Cross-State Air
Pollution Rule
(iv) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
[[Page 27884]]
(v) The initials SIP mean or refer to State Implementation Plan.
(vi) The initials MDEQ mean or refer to the Montana Department
of Environmental Quality.
(vii) The words Montana and State mean the State of Montana.
Table of Contents
I. General Information
II. Background
A. 2006 PM2.5 NAAQS and Interstate Transport
B. Rules Addressing Interstate Transport for the 2006 PM2.5
NAAQS in the Eastern United States
C. EPA Guidance for SIP Submissions to Address Interstate
Transport for the 2006 PM2.5 NAAQS
III. Montana's Submittal
IV. EPA's Evaluation
A. Identification of Nonattainment and Maintenance Receptors
B. Evaluation of Significant Contribution to Nonattainment
C. Evaluation of Interference With Maintenance
D. Evaluation of Montana's SIP With regard to CAA section
110(a)(2)(D)(ii)
V. Proposed Action
VI. Statutory and Executive Order Reviews
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit CBI to EPA through https://www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. Background
A. 2006 PM2.5 NAAQS and Interstate Transport
Section 110(a)(2)(D)(i) of the CAA identifies four distinct
elements related to the evaluation of impacts of interstate transport
of air pollutants. In this action for the state of Montana, EPA is
addressing the first two elements of section 110(a)(2)(D)(i) with
respect to the 2006 PM2.5 NAAQS.\1\ The first element of
section 110(a)(2)(D)(i) requires that each SIP for a new or revised
NAAQS contain adequate provisions to prohibit any source or other type
of emissions activity within the state from emitting air pollutants
that will ``contribute significantly to nonattainment'' of the NAAQS in
another state. The second element of CAA section 110(a)(2)(D)(i)
requires that each SIP for a new or revised NAAQS contain adequate
provisions to prohibit any source or other type of emissions activity
in the state from emitting pollutants that will ``interfere with
maintenance'' of the applicable NAAQS in any other state.
---------------------------------------------------------------------------
\1\ This proposed action does not address the two elements of
the transport SIP provision (in CAA section 110(a)(2)(D)(i)(II))
regarding interference with measures required to prevent significant
deterioration of air quality or to protect visibility in another
state. We will act on these elements in a separate rulemaking.
---------------------------------------------------------------------------
EPA is also addressing the requirements of section 110(a)(2)(D)(ii)
with respect to the 2006 PM2.5 NAAQS. Section
110(a)(2)(D)(ii) requires each SIP to contain adequate provisions to
insure compliance with the applicable requirements of sections 126 and
115 of the Act. Section 126 pertains to notification to nearby states
and petitions from states to EPA regarding interstate transport of
pollution. Section 115 pertains to international transport of
pollution.
B. EPA Rules Addressing Interstate Transport for the 2006 PM2.5 NAAQS
in the Eastern United States
EPA has addressed the requirements of section 110(a)(2)(D)(i)(I)
for many states in the eastern portion of the country in three
regulatory actions.\2\ Most recently, EPA published the final Cross
State Air Pollution Rule (``CSAPR'' or ``Transport Rule'') to address
the first two elements of CAA section 110(a)(2)(D)(i)(I) in the Eastern
United States with respect to the 2006 PM2.5 NAAQS, the 1997
PM2.5 NAAQS, and the 1997 8-hour ozone NAAQS (August 8,
2011, 76 FR 48208). CSAPR was intended to replace the earlier Clean Air
Interstate Rule (CAIR) which was judicially remanded.\3\ See North
Carolina v. EPA, 531 F.3d 896 (D.C. Cir. 2008). On August 21, 2012, a
panel of the U.S. Court of Appeals for the D.C. Circuit issued a
decision to vacate the CSAPR. See EME Homer City Generation, L.P. v.
E.P.A., 696 F.3d 7 (D.C. Cir. 2012). The EME Homer City panel also
ordered EPA to continue implementing CAIR in the interim. On March 29,
2013, the United States asked the Supreme Court to review the EME Homer
City decision. In the mean time, and unless the EME Homer City decision
is reversed or otherwise modified, EPA intends to act in accordance
with the panel opinion in EME Homer City.
---------------------------------------------------------------------------
\2\ See NOX SIP Call, 63 FR 57371 (October 27, 1998);
CAIR, 70 FR 25172 (May 12, 2005); and Transport Rule or Cross-State
Air Pollution Rule, 76 FR 48208 (August 8, 2011).
\3\ CAIR addressed the 1997 annual and 24-hour PM2.5
NAAQS, and the 1997 8-hour ozone NAAQS. It did not address the 2006
24-hour PM2.5 NAAQS.
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It is important to note that Montana was not among the states
covered by CAIR and CSAPR and was outside of the modeling domain used
in the analysis for those rules. However, as explained in section IV of
this proposal, our methodology and analysis for evaluating Montana's
compliance with 110(a)(2)(D)(i)(I) for the 2006 PM2.5 NAAQS
is intended to be consistent with portions of the methodology in CSAPR
that were not called into question in the D.C. Circuit's decision, in
particular the methodology used to identify monitors in other states--
called ``receptors''--that are appropriate for assessing interstate
transport.
C. EPA Guidance for SIP Submissions To Address Interstate Transport for
the 2006 PM2.5 NAAQS
On September 25, 2009, EPA issued a guidance memorandum that
provides recommendations to states for making SIP submissions to meet
the requirements of CAA section
[[Page 27885]]
110(a)(2)(D)(i) for the 2006 PM2.5 standards (``2006
PM2.5 NAAQS Infrastructure Guidance'' or ``Guidance'').\4\
With respect to the requirement in section 110(a)(2)(D)(i)(I) to
prohibit emissions that would contribute significantly to nonattainment
of the NAAQS in any other state, the 2006 PM2.5 NAAQS
Infrastructure Guidance essentially reiterated the recommendations for
western states made by EPA in previous guidance addressing the
110(a)(2)(D)(i) requirements for the 1997 8-hour Ozone and 1997
PM2.5 NAAQS.\5\ The 2006 PM2.5 NAAQS
Infrastructure Guidance advised states outside of the CAIR region to
include in their section 110(a)(2)(D)(i)(I) SIP submissions an adequate
technical analysis to support their conclusions regarding interstate
pollution transport, e.g., information concerning emissions in the
state, meteorological conditions in the state and in potentially
impacted states, monitored ambient pollutant concentrations in the
state and in potentially impacted states, distances to the nearest
areas not attaining the NAAQS in other states, and air quality
modeling.\6\ With respect to the requirement in section
110(a)(2)(D)(i)(I) to prohibit emissions that would interfere with
maintenance of the NAAQS by any other state, the Guidance stated that
SIP submissions must address this independent and distinct requirement
of the statute and provide technical information appropriate to support
the State's conclusions, such as information concerning emissions in
the state, meteorological conditions in the state and in potentially
impacted states, monitored ambient concentrations in the state and in
potentially impacted states, and air quality modeling.
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\4\ See Memorandum from William T. Harnett entitled ``Guidance
on SIP Elements Required Under Sections 110(a)(1) and (2) for the
2006 24-Hour Fine Particle (PM2.5) National Ambient Air
Quality Standards (NAAQS),'' September 25, 2009, available at https://www.epa.gov/ttn/caaa/t1/memoranda/20090925_harnett_pm25_sip_110a12.pdf.
\5\ See Memorandum from William T. Harnett entitled ``Guidance
for State Implementation Plan (SIP) Submission to Meet Current
Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour
ozone and PM2.5 National Ambient Air Quality Standards,''
August 15, 2006, available at https://www.epa.gov/ttn/caaa/t1/memoranda/section110a2di_sip_guidance.pdf.
\6\ The 2006 PM2.5 NAAQS Infrastructure Guidance
stated that EPA was working on a new rule to replace CAIR that would
address issues raised by the court in the North Carolina case and
that would provide guidance to states in addressing the requirements
related to interstate transport in CAA section 110(a)(2)(D)(i)(I)
for the 2006 PM2.5 NAAQS. It also noted that states could
not rely on the CAIR rule for section 110(a)(2)(D)(i)(I) submissions
for the 2006 24-hour PM2.5 NAAQS because the CAIR rule
did not address this NAAQS. See 2006 PM2.5 NAAQS
Infrastructure Guidance at 3.
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In assessing interstate transport of emissions from Montana, EPA
continues to consider relevant the types of information that were
suggested in the 2006 PM2.5 NAAQS Infrastructure Guidance.
Such information may include, but is not limited to, the amount of
emissions in the state relevant to the NAAQS in question, the
meteorological conditions in the area, the distance from the state to
the nearest monitors in other states that are appropriate receptors, or
such other information as may be probative to consider whether sources
in the state may contribute significantly to nonattainment or interfere
with maintenance of the 2006 PM2.5 NAAQS in other states.
Modeling can be relied on when acceptable modeling technical analyses
are available, but EPA does not believe that modeling is necessarily
required if other available information is sufficient to evaluate the
presence or degree of interstate transport in a specific situation.
III. Montana's Submittal
On February 10, 2010, the Montana Department of Environmental
Quality (MDEQ) made a submission certifying that Montana's SIP is
adequate to implement the 2006 PM2.5 NAAQS for all the
``infrastructure'' requirements of CAA section 110(a)(2). This
submission included a brief transport analysis to support the
conclusion that Montana's SIP meets the requirements of CAA section
110(a)(2)(D)(i)(I) for this NAAQS.\7\
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\7\ MDEQ's certification letter, dated February 10, 2010 is
included in the docket for this action.
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Montana's PM2.5 transport analysis relies almost solely
on EPA's decision not to model contribution from Montana to other
states for the CAIR. We do not consider this adequate analysis, in
large part because CAIR did not address the 2006 PM2.5
NAAQS.\8\ Moreover, as Montana was outside the modeling domains used in
developing CAIR and CSAPR, EPA did not model the impact of emissions
from Montana in the modeling done for either rule. EPA's decision in
CAIR and CSAPR to focus on transport among states in the eastern and
central portions of the U.S. did not constitute a determination that
SIPs for states outside the modeling domain (e.g. those in the Western
U.S.) were necessarily adequate to address interstate transport for the
1997 or 2006 PM2.5 NAAQS. As a result, western states such
as Montana that were not included in the modeling domains for the CAIR
and CSAPR rulemakings cannot rely on that modeling to demonstrate the
adequacy of their transport SIPs. Such states, if they chose to submit
transport SIPs for the 2006 PM2.5 NAAQS, must conduct a
transport analysis that relies on relevant data and factors. MDEQ's
submission contains no technical analysis of potential interstate
transport or any other support for the State's conclusion that the
existing Montana SIP satisfies the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS. MDEQ's
submission also failed to address how Montana's SIP is adequate to meet
the requirements of CAA section 110(a)(2)(D)(ii).
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\8\ CAIR addressed the 1997 PM2.5 and 1997 ozone
NAAQS.
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IV. EPA's Evaluation
To determine whether the CAA section 110(a)(2)(D)(i)(I) requirement
is satisfied, EPA first determines whether a state's emissions
contribute significantly to nonattainment or interfere with maintenance
in downwind areas. If a state is determined not to have such
contribution or interference, then section 110(a)(2)(D)(i)(I) does not
require any changes to that state's SIP. If, however, the evaluation
reveals that emissions from sources within the state do contribute
significantly to nonattainment or interfere with maintenance in other
states, then the state must adopt substantive provisions to eliminate
those emissions. The state could achieve any required reductions
through traditional command and control programs, or at its own
election, through participation in a cap and trade program.
Consistent with the first step of EPA's approach in the 1998
NOX SIP call, the 2005 CAIR, and the 2011 CSAPR, EPA is
evaluating impacts of emissions from Montana with respect to specific
monitors identified as having nonattainment and/or maintenance
problems, which we refer to as ``receptors.'' To evaluate these
impacts, and in the absence of relevant modeling of Montana emissions,
EPA is examining factors suggested by the 2006 Guidance such as
monitoring data, topography, and meteorology. EPA notes that no single
piece of information is by itself dispositive of the issue. Instead,
the total weight of all the evidence taken together is used to evaluate
significant contributions to nonattainment or interference with
maintenance of the 2006 24-hour PM2.5 NAAQS in another
state.
As noted above, Montana's February 10, 2010 transport analysis
relies on factors irrelevant to the 2006 PM2.5
[[Page 27886]]
NAAQS, and lacks any technical analysis to support the State's
conclusion with respect to interstate transport. For these reasons, we
propose to partially disapprove the State's submission. However, we
also propose to partially approve the submission based on EPA's
supplemental evaluation of relevant technical information, which
supports a finding that emissions from Montana do not significantly
contribute to nonattainment or interfere with maintenance of the 2006
24-hour PM2.5 NAAQS in any other state and that the existing
Montana SIP is, therefore, adequate to meet the requirements of CAA
section 110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS.
Our supplemental evaluation considers several factors, including
identification of the monitors in other states that are appropriate
``nonattainment receptors'' or ``maintenance receptors,'' consistent
with EPA's approach in the CSAPR, and additional technical information
to evaluate whether emissions from Montana contribute significantly to
nonattainment or interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS at these receptors.
Our Technical Support Document (TSD) contains a detailed evaluation
and is available in the public docket for this rulemaking, which may be
accessed online at https://www.regulations.gov, docket number EPA-R08-
OAR-2012-0347. Below, we provide a summary of our analysis.
A. Identification of Nonattainment and Maintenance Receptors
EPA evaluated data from existing monitors over three overlapping 3-
year periods (i.e., 2006-2008, 2007-2009, and 2008-2010) to determine
which areas were violating the 2006 PM2.5 NAAQS and which
areas might have difficulty maintaining the standard. If a monitoring
site measured a violation of the 2006 PM2.5 NAAQS during the
most recent 3-year period (2008-2010), then this monitor location was
evaluated for purposes of the significant contribution to nonattainment
element of section 110(a)(2)(D)(i)(I). If, on the other hand, a
monitoring site shows attainment of the 2006 PM2.5 NAAQS
during the most recent 3-year period (2008-2010) but a violation in at
least one of the previous two 3-year periods (2006-2008 or 2007-2009),
then this monitor location was evaluated for purposes of the interfere
with maintenance element of the statute.
This approach is similar to that used in the modeling done during
the development of CSAPR to identify the areas/receptors of concern
when evaluating interstate transport. Nothing in the EME Homer City
decision disturbs or undermines the validity of this approach to
identifying receptors. However, as noted above, CSAPR did not model
interstate transport of emissions from Montana to these receptors, so
we consider other technical information to make our evaluation.
B. Evaluation of Significant Contribution to Nonattainment
EPA reviewed technical information to evaluate the potential for
Montana emissions to contribute significantly to nonattainment of the
2006 PM2.5 NAAQS at specified monitoring sites in the
Western U.S.\9\ EPA first identified as ``nonattainment receptors'' all
monitoring sites in the western states that had recorded
PM2.5 design values above the level of the 2006 24-hour
PM2.5 NAAQS (35 [mu]g/m\3\) during the years 2008-2010.\10\
See Section III of our TSD for more a more detailed description of
EPA's methodology for selection of nonattainment receptors.
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\9\ EPA also considered potential PM2.5 transport
from Montana to the nearest nonattainment and maintenance receptors
located in the eastern, midwestern and southern states covered by
CSAPR and believes it is reasonable to conclude that, given the
significant distance from Montana to the nearest such receptor (in
Wisconsin) and the relatively insignificant amount of emissions from
Montana that could potentially be transported such a distance,
emissions from Montana sources do not significantly contribute to
nonattainment or interfere with maintenance of the 2006 24-hour
PM2.5 NAAQS at this location. These same factors also
support a finding that emissions from Montana sources neither
contribute significantly to nonattainment nor interfere with
maintenance of the 2006 24-hour PM2.5 NAAQS at any
location further east. See TSD at Section I.B.3.
\10\ Because CAIR did not cover states in the Western United
States, these data are not significantly impacted by the remanded
CAIR and thus could be considered in this analysis. In contrast,
recent air quality data in the eastern, midwestern and southern
states are significantly impacted by reductions associated with CAIR
and because CSAPR was developed to replace CAIR, EPA could not
consider reductions associated with the CAIR in the base case
transport analysis for those states. See 76 FR at 48223-24.
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Because geographic distance is a relevant factor in the assessment
of potential pollution transport, EPA first reviewed information
related to potential transport of PM2.5 pollution from
Montana to the nonattainment receptors in states bordering Montana,
both of which were in Idaho. As detailed in our TSD, the following
factors support a finding that emissions from Montana do not
significantly contribute to nonattainment of the 2006 24-hour
PM2.5 NAAQS in Idaho: (1) Technical information, such as
data from monitors in the vicinity of the Idaho nonattainment
receptors, indicating that elevated PM2.5 levels are
predominantly caused by emissions from local sources; (2) topographical
considerations such as intervening mountain ranges; and 3)
meteorological considerations such as prevailing winds. While none of
these factors by itself would necessarily show non-contribution, when
taken together in a weight-of-evidence assessment they are sufficient
for EPA to determine that emissions from Montana do not significantly
contribute to nonattainment at the Idaho receptors.
EPA also evaluated potential PM2.5 transport to
nonattainment receptors in the more distant western states of Oregon,
Washington, Utah, Nevada, and California. The following factors support
a finding that emissions from Montana do not significantly contribute
to nonattainment of the 2006 24-hour PM2.5 NAAQS in any of
these states: (1) The significant distance from Montana to the
nonattainment receptors in these states; (2) technical information,
such as data from nearby monitors, indicating that elevated
PM2.5 levels at nonattainment receptors in these states are
predominantly caused by emissions from local sources; and (3) the
presence of intervening mountain ranges, which tend to impede pollution
transport.
Based on our evaluation, we propose to conclude that emissions of
direct PM2.5 and PM2.5 precursors from sources in
the State of Montana do not significantly contribute to nonattainment
of the 2006 24-hour PM2.5 standards in any other state, that
the existing SIP for the State of Montana is adequate to satisfy the
``significant contribution'' requirements of CAA section
110(a)(2)(D)(i)(I) with respect to the 2006 24-hour PM2.5
standards, and that the State of Montana therefore does not need to
adopt additional controls for purposes of implementing the
``significant contribution'' requirements of 110(a)(2)(D)(i)(I) with
respect to that NAAQS at this time.
C. Evaluation of Interference With Maintenance
We also reviewed technical information to evaluate the potential
for Montana emissions to interfere with maintenance of the 2006 24-hour
PM2.5 standards at specified monitoring sites in the Western
U.S. EPA first identified as ``maintenance receptors'' all monitoring
sites in the western states that had recorded PM2.5 design
values above the level of the 2006 24-hour PM2.5 NAAQS (35
[mu]g/m\3\) during the 2006-2008 and/or 2007-2009 periods but below
this standard during the 2008-2010 period. See section III of our
[[Page 27887]]
TSD for more information regarding EPA's methodology for selection of
maintenance receptors. All of the maintenance receptors in the western
states are located in California, Utah and Arizona. EPA therefore
evaluated the potential for transport of Montana emissions to the
maintenance receptors located in these states. As detailed in our TSD,
the following factors support a finding that emissions from Montana do
not interfere with maintenance of the 2006 24-hour PM2.5
NAAQS in those states: (1) Technical information indicating that
elevated PM2.5 levels at these maintenance receptors are
predominantly caused by local emission sources; and (2) the significant
distance between Montana and these maintenance receptors.
Based on this evaluation, EPA proposes to conclude that emissions
of direct PM2.5 and PM2.5 precursors from sources
in the State of Montana do not interfere with maintenance of the 2006
24-hour PM2.5 standards in any other state, that the
existing SIP for the State of Montana is adequate to satisfy the
``interfere with maintenance'' requirements of CAA section
110(a)(2)(D)(i)(I), and that the State of Montana therefore does not
need to adopt additional controls for purposes of implementing the
``interfere with maintenance'' requirements of section
110(a)(2)(D)(i)(I) with respect to that NAAQS at this time.
D. Evaluation of Montana's SIP With Regard to CAA Section
110(a)(2)(D)(ii)
As stated, MDEQ's February 10, 2010 submission did not address the
requirements of CAA section 110(a)(2)(D)(ii), which requires that each
SIP shall contain adequate provisions insuring compliance with
applicable requirements of sections 126 and 115 (relating to interstate
and international pollution abatement). Because the State did not
address this element for the 2006 PM2.5 NAAQS, EPA proposes
to partially disapprove this portion of Montana's submission. However,
we also propose to partially approve the submission based on our
evaluation which finds that Montana's existing SIP is sufficient to
meet the requirements of 110(a)(2)(D)(ii).
Section 126(a) requires notification to affected, nearby states of
major proposed new (or modified) sources. Sections 126(b) and (c)
pertain to petitions by affected states to the Administrator regarding
sources violating the ``interstate transport'' provisions of section
110(a)(2)(D)(i). Section 115 similarly pertains to international
transport of air pollution.
As required by 40 CFR 51.166(q)(2)(iv), Montana's SIP-approved PSD
program requires notice to states whose lands may be affected by the
emissions of sources subject to PSD.\11\ This suffices to meet the
notice requirement of section 126(a).
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\11\ See Administrative Rule of Montana (``ARM'')
17.8.826(2)(d).
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Montana has no pending obligations under sections 126(c) or 115(b);
therefore, its SIP currently meets the requirements of those sections.
In summary, the SIP meets the requirements of 110(a)(2)(D)(ii) for the
2006 PM2.5 NAAQS.
V. Proposed Action
EPA is proposing to partially approve and partially disapprove the
110(a)(2)(D)(i)(I) and 110(a)(2)(D)(ii) portions of Montana's February
10, 2010 submission. We propose to partially disapprove the
110(a)(2)(D)(i)(I) portion of the submission because it relies on
irrelevant factors and lacks any technical analysis to support the
State's conclusion with respect to interstate transport. However, we
also propose to partially approve this portion of the submission based
on EPA's supplemental evaluation of relevant technical information,
which supports a finding that emissions from Montana do not
significantly contribute to nonattainment or interfere with maintenance
of the 2006 24-hour PM2.5 NAAQS in any other state and that
the existing Montana SIP is, therefore, adequate to meet the
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2006 24-hour
PM2.5 NAAQS. We propose to conclude that any FIP obligation
resulting from finalization of the partial disapproval would be
satisfied by our determination that there is no deficiency in the SIP
to correct. Finalization of this proposed disapproval also would not
require any further action on Montana's part given EPA's conclusion
that the SIP is adequate to meet the requirements of CAA section
110(a)(2)(D)(i)(I) for the 2006 24-hour PM2.5 NAAQS.
Similarly, EPA is proposing to partially disapprove the
110(a)(2)(D)(ii) portion of Montana's submission because it fails to
address or discuss this CAA requirement. However, we propose to
partially approve this portion of the submission based on the
conclusion that the State's existing SIP is adequate to meet the
requirements of CAA section 110(a)(2)(D)(ii) for the 2006 24-hour
PM2.5 NAAQS. For similar reasons, the partial disapproval of
the submission for the 110(a)(2)(D)(ii) requirement does not require
any further action from Montana or create any additional FIP obligation
for EPA.
VI. 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, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely approves some state law as meeting federal
requirements and disapproves other state law because it does not meet
federal requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 (Public Law 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 CAA; 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, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is
[[Page 27888]]
not approved to apply in Indian country located in the state, and EPA
notes that it will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
Organic Compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 2, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013-11292 Filed 5-10-13; 8:45 am]
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