Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Great Falls, 17331-17333 [2015-07220]
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rmajette on DSK2TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations
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.21 Thus, in reviewing SIP
submissions, EPA’s role is to approve
state decisions, provided that they meet
the criteria of the CAA. Accordingly,
this action merely approves state law as
meeting Federal requirements, and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive 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 (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
this action does not involve technical
standards; 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
not approved to apply on any Indian
reservation land or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
21 42
U.S.C. 7410(k); 40 CFR 52.02(a).
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15:06 Mar 31, 2015
Jkt 235001
17331
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.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 1, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
Subpart F—California
List of Subjects in 40 CFR Part 52
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Organic carbon,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Visibility, Volatile organic
compounds.
[EPA–R08–OAR–2012–0353; FRL–9925–50–
Region 8]
Authority: 42 U.S.C. 7401 et seq.
Dated: February 27, 2015.
Jared Blumenfeld,
Regional Administrator, EPA Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
PO 00000
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Fmt 4700
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2. Section 52.220 is amended by
adding paragraph (c)(454) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(454) The following plan was
submitted on June 16, 2014, by the
Governor’s Designee.
(i) [Reserved]
(ii) Additional materials.
(A) California Air Resources Board
(CARB).
(1) CARB Resolution 14–15, dated
May 22, 2014, approving the ‘‘California
Regional Haze Plan 2014 Progress
Report.’’
(2) The ‘‘California Regional Haze
Plan 2014 Progress Report’’, adopted on
May 22, 2014.
■ 3. Section 52.281 is amended by
adding paragraph (g) to read as follows:
§ 52.281
Visibility protection.
*
*
*
*
*
(g) Approval. On June 16, 2014, the
California Air Resources Board
submitted the ‘‘California Regional Haze
Plan 2014 Progress Report’’ (‘‘Progress
Report’’). The Progress Report meets the
requirements of Clean Air Act sections
169A and 169B and the Regional Haze
Rule in 40 CFR 51.308.
[FR Doc. 2015–07232 Filed 3–31–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans; State of
Montana Second 10-Year Carbon
Monoxide Maintenance Plan for Great
Falls
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Montana. On
July 13, 2011, the Governor of
Montana’s designee submitted to EPA a
second 10-year maintenance plan for the
Great Falls area for the carbon monoxide
(CO) National Ambient Air Quality
Standard (NAAQS). This maintenance
plan addresses maintenance of the CO
NAAQS for a second 10-year period
SUMMARY:
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01APR1
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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations
beyond the original redesignation. EPA
is also approving an alternative
monitoring strategy for the Great Falls
CO maintenance area, which was
submitted by the Governor’s designee
on June 22, 2012.
DATES:
This final rule is effective May 1,
2015.
EPA has established a
docket for this action under Docket
Identification No. EPA–R08–OAR–
2012–0353. All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop St., Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8:00 a.m. to 4:00 p.m., excluding
Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Adam Clark, U.S. EPA, Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
rmajette on DSK2TPTVN1PROD with RULES
(i) The words or initials Act or CAA mean or
refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The initials CO mean or refer to carbon
monoxide.
(iii) The words EPA, we, us or our mean or
refer to the United States Environmental
Protection Agency.
(iv) The initials NAAQS mean or refer to the
National Ambient Air Quality Standards.
(v) The initials SIP mean or refer to State
Implementation Plan.
(vi) The words Montana and State mean or
refer to the State of Montana.
second 10-year period.1 This
maintenance plan must demonstrate
continued compliance with the NAAQS
during this second 10-year period. On
July 13, 2011, the Governor of
Montana’s designee submitted to EPA a
second 10-year maintenance plan for the
Great Falls area for the CO NAAQS.
Along with the revised Great Falls
Maintenance Plan, the State submitted a
CO maintenance plan for the Billings,
Montana maintenance area, and an
alternative strategy for monitoring
continued attainment of the CO NAAQS
in all of the State’s CO maintenance
areas on July 13, 2011.2 The State
submitted the alternative monitoring
strategy in order to conserve resources
by discontinuing the gaseous CO
ambient monitors in both the Billings
and Great Falls CO maintenance areas.
We commented on the State’s
‘‘Alternative Monitoring Strategy,’’ and
the State submitted a revised version of
the strategy, which incorporated our
comments on June 22, 2012.
In a document published on
December 1, 2014, we proposed
approval of the Great Falls second 10year maintenance plan and the
associated ‘‘Alternative Monitoring
Strategy.’’ (79 FR 71057)
II. Response to Comments
The comment period for our
December 1, 2014 proposed rule was
open for 30 days. We did not receive
any comments on the proposed action.
III. Final Action
EPA is approving the revised Great
Falls Maintenance Plan submitted on
July 13, 2011. This maintenance plan
meets the applicable CAA requirements
and EPA has determined it is sufficient
to provide for maintenance of the CO
NAAQS over the course of the second
10-year maintenance period out to 2022.
EPA is also approving the State’s
Alternative Monitoring Strategy,
submitted on June 22, 2012, for the
Great Falls CO maintenance area. We
are not approving application of the
Alternative Monitoring Strategy in other
areas of Montana with this action, as the
Alternative Monitoring Strategy must be
considered on a case-by-case basis
specific to the circumstances of each
particular CO maintenance area rather
than broadly.
I. Background
Eight years after an area is
redesignated to attainment, Clean Air
Act (CAA) section 175A(b) requires the
state to submit a subsequent
maintenance plan to EPA, covering a
VerDate Sep<11>2014
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1 In this case, the initial maintenance period
extended through 2012. Thus, the second 10-year
period extends through 2022.
2 In addition to Billings and Great Falls, the
Missoula, MT CO maintenance area was included
in the July 13, 2011 Alternative Monitoring
Strategy.
PO 00000
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Fmt 4700
Sfmt 4700
IV. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
E:\FR\FM\01APR1.SGM
01APR1
Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Rules and Regulations
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 1, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 17, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
rmajette on DSK2TPTVN1PROD with RULES
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1373 is amended by
revising paragraph (c) to read as follows:
■
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§ 52.1373 Control strategy: Carbon
monoxide.
*
*
*
*
*
(c) Revisions to the Montana State
Implementation Plan, revised Carbon
Monoxide Maintenance Plan for Great
Falls, as submitted by the Governor’s
Designee on July 13, 2011, and the
associated Alternative Monitoring
Strategy for Great Falls, as submitted by
the Governor’s Designee on June 22,
2012.
*
*
*
*
*
17333
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen, EPA Region 10, Office of
Air, Waste, and Toxics (AWT–150),
1200 Sixth Avenue, Seattle, Washington
98101, or at (206) 553–6706.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2015–07220 Filed 3–31–15; 8:45 am]
I. Background
BILLING CODE 6560–50–P
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, the EPA, from time to time,
must take action on SIP revisions
containing new and/or revised
regulations as being part of the SIP. On
May 22, 1997 (62 FR 27968), the EPA
revised the procedures for incorporating
by reference Federally-approved SIPs, as
a result of consultations between the
EPA and the Office of the Federal
Register (OFR). The description of the
revised SIP document, IBR procedures
and ‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997, Federal Register document.
On January 25, 2005 (70 FR 9450), the
EPA published a Federal Register
document beginning the new IBR
procedure for Idaho. On December 28,
2012 (77 FR 76417), the EPA published
an update to the IBR material for Idaho.
Since the publication of the last IBR
update, the EPA approved into the
Idaho SIP the following regulatory
changes: 1
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0906; FRL–9922–65–
Region 10]
Approval and Promulgation of Air
Quality Implementation Plans; Idaho;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Idaho State Implementation
Plan (SIP). The regulations affected by
this update have been previously
submitted by the Idaho Department of
Environmental Quality and approved by
the EPA. In this action, the EPA is also
notifying the public of corrections to
typographical errors and minor
formatting changes to the IBR tables.
This update affects the SIP materials
that are available for public inspection
at the National Archives and Records
Administration (NARA), the Air and
Radiation Docket and Information
Center located at the EPA’s
Headquarters in Washington, DC, and
the EPA Regional Office.
DATES: This action is effective April 1,
2015.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: EPA Region 10,
Office of Air, Waste, and Toxics (AWT–
150), 1200 Sixth Avenue, Suite 900,
Seattle, Washington 98101; the Air and
Radiation Docket and Information
Center, U.S. Environmental Protection
Agency, 1301 Constitution Avenue NW.,
Room Number 3334, EPA West
Building, Washington, DC 20460; or the
National Archives and Records
SUMMARY:
PO 00000
Frm 00027
Fmt 4700
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A. Added Regulations
1. IDAPA 58.01.01 (Rules for the
Control of Air pollution in Idaho):
section 624.
2. City and County Ordinances: City
of Sandpoint Chapter 8 Air Quality (4–
8–1 through 4–8–14), City of Clifton
Ordinance No. 120, City of Dayton
Ordinance #287, Franklin City
Ordinance No. 2012–9–12, Franklin
County Ordinance No. 2012–6–25, City
of Oxford Memorandum of
Understanding, City of Preston
Ordinance No. 2012–1, City of Weston
Ordinance No. 2012–01.
3. EPA-Approved Idaho SourceSpecific Requirements: The
Amalgamated Sugar Company LLC—
Nampa Factory, Nampa, Idaho (Permit
No. T2–2009.0105, date issued 12/23/
2011).
1 See 78 FR 16790 (March 19, 2013), 78 FR 20001
(April 3, 2013), 79 FR 11711 (March 3, 2014), 79
FR 16201 (March 25, 2014), and 79 FR 23273 (April
28, 2014).
E:\FR\FM\01APR1.SGM
01APR1
Agencies
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Rules and Regulations]
[Pages 17331-17333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07220]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0353; FRL-9925-50-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for
Great Falls
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Montana.
On July 13, 2011, the Governor of Montana's designee submitted to EPA a
second 10-year maintenance plan for the Great Falls area for the carbon
monoxide (CO) National Ambient Air Quality Standard (NAAQS). This
maintenance plan addresses maintenance of the CO NAAQS for a second 10-
year period
[[Page 17332]]
beyond the original redesignation. EPA is also approving an alternative
monitoring strategy for the Great Falls CO maintenance area, which was
submitted by the Governor's designee on June 22, 2012.
DATES: This final rule is effective May 1, 2015.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R08-OAR-2012-0353. All documents in the docket
are listed in the www.regulations.gov index. Although listed in the
index, some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
St., Denver, Colorado 80202-1129. EPA requests that if at all possible,
you contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy of the docket. You may view the
hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Adam Clark, U.S. EPA, Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303)
312-7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The initials CO mean or refer to carbon monoxide.
(iii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iv) The initials NAAQS mean or refer to the National Ambient Air
Quality Standards.
(v) The initials SIP mean or refer to State Implementation Plan.
(vi) The words Montana and State mean or refer to the State of
Montana.
I. Background
Eight years after an area is redesignated to attainment, Clean Air
Act (CAA) section 175A(b) requires the state to submit a subsequent
maintenance plan to EPA, covering a second 10-year period.\1\ This
maintenance plan must demonstrate continued compliance with the NAAQS
during this second 10-year period. On July 13, 2011, the Governor of
Montana's designee submitted to EPA a second 10-year maintenance plan
for the Great Falls area for the CO NAAQS.
---------------------------------------------------------------------------
\1\ In this case, the initial maintenance period extended
through 2012. Thus, the second 10-year period extends through 2022.
---------------------------------------------------------------------------
Along with the revised Great Falls Maintenance Plan, the State
submitted a CO maintenance plan for the Billings, Montana maintenance
area, and an alternative strategy for monitoring continued attainment
of the CO NAAQS in all of the State's CO maintenance areas on July 13,
2011.\2\ The State submitted the alternative monitoring strategy in
order to conserve resources by discontinuing the gaseous CO ambient
monitors in both the Billings and Great Falls CO maintenance areas. We
commented on the State's ``Alternative Monitoring Strategy,'' and the
State submitted a revised version of the strategy, which incorporated
our comments on June 22, 2012.
---------------------------------------------------------------------------
\2\ In addition to Billings and Great Falls, the Missoula, MT CO
maintenance area was included in the July 13, 2011 Alternative
Monitoring Strategy.
---------------------------------------------------------------------------
In a document published on December 1, 2014, we proposed approval
of the Great Falls second 10-year maintenance plan and the associated
``Alternative Monitoring Strategy.'' (79 FR 71057)
II. Response to Comments
The comment period for our December 1, 2014 proposed rule was open
for 30 days. We did not receive any comments on the proposed action.
III. Final Action
EPA is approving the revised Great Falls Maintenance Plan submitted
on July 13, 2011. This maintenance plan meets the applicable CAA
requirements and EPA has determined it is sufficient to provide for
maintenance of the CO NAAQS over the course of the second 10-year
maintenance period out to 2022.
EPA is also approving the State's Alternative Monitoring Strategy,
submitted on June 22, 2012, for the Great Falls CO maintenance area. We
are not approving application of the Alternative Monitoring Strategy in
other areas of Montana with this action, as the Alternative Monitoring
Strategy must be considered on a case-by-case basis specific to the
circumstances of each particular CO maintenance area rather than
broadly.
IV. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have
[[Page 17333]]
tribal implications and will not impose substantial direct costs on
tribal governments or preempt tribal law as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 1, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 17, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
0
2. Section 52.1373 is amended by revising paragraph (c) to read as
follows:
Sec. 52.1373 Control strategy: Carbon monoxide.
* * * * *
(c) Revisions to the Montana State Implementation Plan, revised
Carbon Monoxide Maintenance Plan for Great Falls, as submitted by the
Governor's Designee on July 13, 2011, and the associated Alternative
Monitoring Strategy for Great Falls, as submitted by the Governor's
Designee on June 22, 2012.
* * * * *
[FR Doc. 2015-07220 Filed 3-31-15; 8:45 am]
BILLING CODE 6560-50-P