Rule2022-11580
Approval and Promulgation of Implementation Plans; Montana; Whitefish PM10 Nonattainment Area Limited Maintenance Plan and Redesignation Request
Primary source
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Published
June 8, 2022
Effective
July 8, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving the Limited Maintenance Plan (LMP) submitted by the State of Montana to EPA on August 6, 2021, for the Whitefish Moderate nonattainment area (NAA) for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM<INF>10</INF>) and concurrently redesignating the NAA to attainment for the 24-hour PM<INF>10</INF> National Ambient Air Quality Standard (NAAQS). In order to approve the LMP and redesignation, EPA determined that the Whitefish NAA has attained the 1987 24-hour PM<INF>10</INF> NAAQS of 150 [micro]g/m\3\. This determination is based upon monitored air quality data for the PM<INF>10</INF> NAAQS during the years 2015 through 2020. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 87 Issue 110 (Wednesday, June 8, 2022)</title>
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[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34795-34797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11580]
[[Page 34795]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R08-OAR-2021-0808; FRL-9595-02-R8]
Approval and Promulgation of Implementation Plans; Montana;
Whitefish PM10 Nonattainment Area Limited Maintenance Plan and
Redesignation Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Limited Maintenance Plan (LMP) submitted by the State of Montana to EPA
on August 6, 2021, for the Whitefish Moderate nonattainment area (NAA)
for particulate matter with an aerodynamic diameter less than or equal
to a nominal 10 micrometers (PM<INF>10</INF>) and concurrently
redesignating the NAA to attainment for the 24-hour PM<INF>10</INF>
National Ambient Air Quality Standard (NAAQS). In order to approve the
LMP and redesignation, EPA determined that the Whitefish NAA has
attained the 1987 24-hour PM<INF>10</INF> NAAQS of 150 [micro]g/m\3\.
This determination is based upon monitored air quality data for the
PM<INF>10</INF> NAAQS during the years 2015 through 2020. The EPA is
taking this action pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on July 8, 2022.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0808. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through <a href="http://www.regulations.gov">http://www.regulations.gov</a>, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Kate Gregory, Air and Radiation
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail
Code 8P-ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
telephone number: (303) 312-6175, email address: <a href="/cdn-cgi/l/email-protection#85e2f7e0e2eaf7fcabeee4f1e0c5e0f5e4abe2eaf3"><span class="__cf_email__" data-cfemail="c7a0b5a2a0a8b5bee9aca6b3a287a2b7a6e9a0a8b1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
8, 2022 proposal (87 FR 12912). In that document, we proposed to
approve the LMP for the Whitefish NAA and the State's request to
redesignate the Whitefish NAA from nonattainment to attainment for the
1987 24-hour PM<INF>10</INF> NAAQS. Additionally, we proposed to
determine that the Whitefish NAA has attained the NAAQS for
PM<INF>10</INF>. That determination was based upon monitored air
quality data for the PM<INF>10</INF> NAAQS during the years 2015
through 2020. Finally, in our March 8, 2022 proposal, EPA proposed to
approve the Whitefish LMP as meeting the appropriate transportation
conformity requirements found in 40 CFR part 93, subpart A.
The public comment period on the EPA's proposed rule opened on
March 8, 2022, the date of its publication in the Federal Register (87
FR 12912) and closed on April 7, 2022. During this comment period we
received no comments on our proposal.
II. Environmental Justice Considerations
As discussed on the proposed rule, to identify environmental
burdens and susceptible populations in underserved communities in the
Whitefish area, we performed a screening-level analysis using the EPA's
environmental justice (EJ) screening and mapping tool
(``EJSCREEN'').\1\ The results of this screening level analysis are
described in our proposed rule (87 FR 12912). This action addresses a
plan for continued attainment of the 1987 PM<INF>10</INF> NAAQS for the
Whitefish area. Approval of this plan does not impose any additional
regulatory requirements on sources beyond those imposed by state law.
As discussed in our proposed rule, Montana has demonstrated that the
Whitefish area is attaining the 1987 PM<INF>10</INF> NAAQS and the
Whitefish Maintenance Plan provides for the maintenance of the NAAQS
for 10 years beyond redesignation. For these reasons, this action will
not result in disproportionately high and adverse human health or
environmental effects on communities with environmental justice
concerns.
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\1\ See `Whitefish NAA EJSCREEN' document available in docket.
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III. Final Action
For the reasons explained in our proposed action, we are approving
the LMP for the Whitefish NAA and the State's request to redesignate
the Whitefish NAA from nonattainment to attainment for the 1987 24-hour
PM<INF>10</INF> NAAQS. Additionally, the EPA is determining that the
Whitefish NAA has attained the NAAQS for PM<INF>10</INF>. This
determination is based upon monitored air quality data for the
PM<INF>10</INF> NAAQS during the years 2015 through 2020. The EPA is
approving that the Whitefish LMP as meeting the appropriate
transportation conformity requirements found in 40 CFR part 93, subpart
A.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement
[[Page 34796]]
Act of 1995 (15 U.S.C. 272 note) because application of those
requirements would be inconsistent with the CAA; and
<bullet> 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 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 August 8, 2022. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements (see section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
and Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 24, 2022.
K.C. Becker,
Regional Administrator, Region 8.
40 CFR parts 52 and 81 are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
0
2. In Sec. 52.1370, the table in paragraph (e) is amended by adding
the entry ``Whitefish 1987 PM<INF>10</INF> Limited Maintenance Plan''
under the heading entitled ``(3) Flathead County'' at the end of the
section to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(e) * * *
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Notice of
Title/subject State final rule NFR citation
effective date date
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* * * * * * *
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(3) Flathead County
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* * * * * * *
Whitefish 1987 PM10 Limited .............. 6/8/2022 [insert Federal Register citation].
Maintenance Plan.
* * * * * * *
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0
3. In Sec. 52.1374, add paragraph (g) to read as follows:
Sec. 52.1374 Control strategy: Particulate matter.
* * * * *
(g) On August 6, 2021, the State of Montana submitted limited
maintenance plans for the Whitefish PM<INF>10</INF> nonattaiment areas
and requested that this area be redesignated to attainment for the
PM<INF>10</INF> National Ambient Air Quality Standards. The
redesignation request and limited maintenance plans satisfy all
applicable requirements of the Clean Air Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart C--Section 107 Attainment Status Designations
0
5. In Sec. 81.327, in the table entitled ``Montana--PM-10'' under the
entry ``Flathead County:'' revise the fourth entry to read as follows:
Sec. 81.327 Montana.
* * * * *
[[Page 34797]]
Montana--PM-10
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Designation Classification
Designated area ---------------------------------------------------------------------------
Date Type Date Type
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* * * * * * *
Flathead County:
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The City of Whitefish and 7/8/2022 Attainment................
surrounding vicinity bounded by
lines from Universal
Transmercator (UTM) coordinates
695000 mE, 5370000 mN, east to
699000 mE, 5370000 mN, south to
699000 mE, 5361000 mN, west to
695000 mN, 5361000 mN, and
north to 695000 mE, 5370000 mN.
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[FR Doc. 2022-11580 Filed 6-7-22; 8:45 am]
BILLING CODE 6560-50-P
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