[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Rules and Regulations]
[Pages 7966-7973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MT-001-0036a; FRL-7139-6]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Billings Carbon Monoxide Redesignation to Attainment 
and Designation of Areas for Air Quality Planning Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 9, 2001, the Governor of Montana submitted a 
request to redesignate the Billings ``not classified'' carbon monoxide 
(CO) nonattainment area to attainment for the CO National Ambient Air 
Quality Standard (NAAQS). The Governor also submitted a CO maintenance 
plan. In this action, EPA is approving the Billings CO redesignation 
request and the maintenance plan.

DATES: This direct final rule is effective on April 22, 2002, without 
further notice, unless EPA receives adverse comments by March 25, 2002. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Written comments may be mailed to: Richard R. Long, 
Director, Air and Radiation Program, Mailcode 8P-AR, United States 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the following 
offices:

United States Environmental Protection Agency, Region VIII, Air and 
Radiation Program, 999 18th Street, Suite 300, Denver, Colorado 
80202-2466; and,
United States Environmental Protection Agency, Air and Radiation 
Docket and Information Center, 401 M Street, SW, Washington, DC 
20460.

    Copies of the State documents relevant to this action are available 
for public inspection at: Montana Air and Waste Management Bureau, 
Department of Environmental Quality, P.O. Box 20901, Helena, Montana, 
59620-0901.

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air and Radiation Program, 
Mailcode 8P-AR, United States Environmental Protection Agency, Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466; 
Telephone number: (303) 312-6479.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' are used we mean the Environmental Protection 
Agency.

I. What Is the Purpose of This Action?

    In this action, we are approving a change in the legal designation 
of the Billings area from nonattainment for CO to attainment and we're 
approving the maintenance plan that is designed to keep the area in 
attainment for CO for the next 10 years.
    We originally designated the Billings area as nonattainment for CO 
under the provisions of the 1977 Clean Air Act (CAA) Amendments (see 43 
FR 8962, March 3, 1978). On November 15, 1990, the Clean Air Act 
Amendments of 1990 were enacted (Pub. L. 101-549, 104 Stat. 2399, 
codified at 42 U.S.C. 7401-7671q). Under section 107(d)(1)(C) of the 
CAA, we designated the Billings area as nonattainment for CO because 
the area had been previously designated as nonattainment before 
November 15, 1990. The Billings area was classified as a ``not 
classified'' CO nonattainment area as the area had not violated the CO 
NAAQS in 1988 and 1989.\1\
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    \1\ The EPA describes areas as ``not classified'' if they were 
designated nonattainment both prior to enactment and (pursuant to 
CAA section 107(d)(1)(C) at enactment, and if the area did not 
violate the primary CO NAAQS in either year for the 2-year period of 
1988 through 1989, Refer to the ``General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 
57 FR 13498, April 16, 1992. See specifically 57 FR 13535, April 16, 
19992.
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    Under the CAA, designations can be changed if sufficient data are 
available to warrant such changes and if certain other requirements are 
met. See CAA section 107(d)(3)(D). Section 107(d)(3)(E) of the CAA 
provides that the Administrator may not promulgate a redesignation of a 
nonattainment area to attainment unless:
    (i) the Administrator determines that the area has attained the 
national ambient air quality standard;
    (ii) the Administrator has fully approved the applicable 
implementation plan for the area under CAA section 110(k);
    (iii) the Administrator determines that the improvement in air 
quality is due to permanent and enforceable reductions in emissions 
resulting from implementation of the applicable implementation plan and 
applicable Federal air pollutant control regulations and other 
permanent and enforceable reductions;
    (iv) the Administrator has fully approved a maintenance plan for 
the area as meeting the requirements of CAA section 175A; and,
    (v) the State containing such area has met all requirements 
applicable to the area under section 110 and part D of the CAA.
    Before we can approve the redesignation request, we must decide 
that all applicable State Implementation Plan (SIP) elements have been 
fully approved. Approval of the applicable SIP elements may occur prior 
to final approval of the redesignation request or simultaneously with 
final approval of the redesignation request. We note there are no 
outstanding SIP elements necessary for the Billings redesignation.

II. What Is the State's Process To Submit These Materials to EPA?

    Section 110(k) of the CAA sets out provisions governing our actions 
on submissions of revisions to a SIP. The CAA also requires States to 
observe certain procedural requirements in developing SIP revisions for 
submittal to EPA. Section 110(a)(2) of the CAA requires that each SIP 
revision be adopted after reasonable notice and public hearing. This 
must occur prior to the revision being submitted by a State to us.
    The Montana Department of Environmental Quality (DEQ) held a public 
hearing on December 19, 2000, for the Billings CO redesignation request 
and maintenance plan. The redesignation request and maintenance plan 
were adopted by the Montana DEQ directly after the hearing and became 
State effective December 19, 2000. These SIP materials were submitted 
by the Governor to us on February 9, 2001. We have evaluated the 
Governor's submittal and have determined that the State met the 
requirements for reasonable notice and public hearing under section 
110(a)(2) of the CAA.
    As required by under section 110(k)(1)(B) of the CAA, we reviewed 
these SIP materials for conformance with the completeness criteria in 
40 CFR part 51, appendix V and determined that the Governor's February 
9, 2001, submittal was administratively and technically complete. Our 
completeness determination was sent on March 16, 2001, through a letter 
from Jack W.

[[Page 7967]]

McGraw, Acting Regional Administrator, to Governor Judy Martz.

III. EPA's Evaluation of the Redesignation Request and Maintenance 
Plan

    EPA has reviewed the State's redesignation request and maintenance 
plan and believes that approval of the request is warranted, consistent 
with the requirements of CAA section 107(d)(3)(E). The following are 
descriptions of how the section 107(d)(3)(E) requirements are being 
addressed.
    (a) Redesignation Criterion: The Area Must Have Attained The Carbon 
Monoxide (CO) NAAQS.
    Section 107(d)(3)(E)(i) of the CAA states that for an area to be 
redesignated to attainment, the Administrator must determine that the 
area has attained the applicable NAAQS. As described in 40 CFR 50.8, 
the national primary ambient air quality standard for carbon monoxide 
is 9 parts per million (10 milligrams per cubic meter) for an 8-hour 
average concentration not to be exceeded more than once per year. 40 
CFR 50.8 continues by stating that the levels of CO in the ambient air 
shall be measured by a reference method based on 40 CFR part 50, 
appendix C and designated in accordance with 40 CFR part 53 or an 
equivalent method designated in accordance with 40 CFR part 53. 
Attainment of the CO standard is not a momentary phenomenon based on 
short-term data. Instead, we consider an area to be in attainment if 
each of the CO ambient air quality monitors in the area doesn't have 
more than one exceedance of the CO standard over a one-year period. 40 
CFR 50.8 and 40 CFR part 50, appendix C. If any monitor in the area's 
CO monitoring network records more than one exceedance of the CO 
standard during a one-year calendar period, then the area is in 
violation of the CO NAAQS. In addition, our interpretation of the CAA 
and our national policy, as presented in the September 4, 1992, John 
Calcagni policy memorandum entitled ``Procedures for Processing 
Requests to Redesignate Areas to Attainment'' (hereafter referred to as 
the ``Calcagni Memorandum''), has been that an area seeking 
redesignation to attainment must show attainment of the CO NAAQS for at 
least a continuous two-year calendar period. In addition, the area must 
continue to show attainment through the date that we promulgate the 
redesignation to attainment in the Federal Register.
    Montana's CO redesignation request for the Billings area is based 
on an analysis of quality assured ambient air quality monitoring data 
that are relevant to the redesignation request. Ambient air quality 
monitoring data for consecutive calendar years 1988 through 2000 show a 
measured exceedance rate of the CO NAAQS of 1.0 or less per year, per 
monitor, in the Billings nonattainment area. These data were collected 
and analyzed as required by EPA (see 40 CFR 50.8 and 40 CFR part 50, 
appendix C) and have been archived by the State in EPA's Aerometric 
Information and Retrieval System (AIRS) national database. Further 
information on CO monitoring is presented in section 56.12.3 of the 
State's maintenance plan. We have evaluated the ambient air quality 
data and determined that the Billings area has not violated the CO 
standard and continues to demonstrate attainment.
    Because the Billings nonattainment area has quality-assured data 
showing no violations of the CO NAAQS for 1997, 1998, and 1999, the 
years the State used to support the redesignation request, the Billings 
area has met the first component for redesignation: demonstration of 
attainment of the CO NAAQS. We note that the State of Montana has also 
committed in section 56.12.7.4.A of the maintenance plan to the 
necessary continued operation of the CO monitors in compliance with all 
applicable federal regulations and guidelines.
    (b) Redesignation Criterion: The Area Must Have Met All Applicable 
Requirements Under Section 110 and Part D of the CAA.
    To be redesignated to attainment, section 107(d)(3)(E)(v) requires 
that an area must meet all applicable requirements under section 110 
and part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean 
that for a redesignation to be approved by us, the State must meet all 
requirements that applied to the subject area prior to or at the time 
of the submission of a complete redesignation request. In our 
evaluation of a redesignation request, we don't need to consider other 
requirements of the CAA that became due after the date of the 
submission of a complete redesignation request.

1. CAA Section 110 Requirements

    On January 10, 1980, we approved revisions to Montana's SIP as 
meeting the requirements of section 110(a)(2) of the CAA (see 45 FR 
2034). Although section 110 of the CAA was amended in 1990, most of the 
changes were not substantial. Thus, we have determined that the SIP 
revisions approved in 1980 continue to satisfy the requirements of 
section 110(a)(2). For further detail, please see 45 FR 2034. In 
addition, we have analyzed the SIP elements that we are approving as 
part of this action and we have determined they comply with the 
relevant requirements of section 110(a)(2).

2. Part D Requirements

    The Billings area was originally designated as nonattainment for CO 
on March 3, 1978 (see 43 FR 8962). Montana's original CAA Part D plan 
for attainment of the CO standards in the Billings area was submitted 
to EPA on April 24, 1979. On March 4, 1980, we proposed conditional 
approval of the April 24, 1979, Governor's submittal (see 45 FR 14072). 
On September 25, 1980, we finalized our conditional approval of this 
plan (see 45 FR 62982). A revision, responding to our conditions as 
stated in our March 4, 1980, proposed action (see 45 FR 14072), was 
submitted by the Governor on August 14, 1981. The Governor's 1979 and 
1981 submittals relied on traffic flow improvements and projected 
emission reductions from mobile sources to attain the CO NAAQS. On 
January 16, 1986 (see 51 FR 2397), we granted full approval for the 
Billings CO SIP element as by 1985, ambient air quality data were 
showing that the area had attained the CO NAAQS.
    EPA had begun development of its forthcoming post-1987 policy for 
carbon monoxide; however, we did not finalize our post-1987 policy for 
CO because the Clean Air Act (CAA) was amended on November 15, 1990. 
Under section 107(d)(1)(C) of the CAA, we designated the Billings area 
as nonattainment for CO because the area had been previously designated 
nonattainment before November 15, 1990. As stated previously, the 
Billings area was classified as a ``not classified'' CO nonattainment 
area as the area had not violated the CO NAAQS in 1988 and 1989.
    Before the Billings not classified CO nonattainment area may be 
redesignated to attainment, the State must have fulfilled the 
applicable requirements of part D. Under part D, an area's 
classification indicates the requirements to which it will be subject. 
Subpart 1 of part D sets forth the basic nonattainment requirements 
applicable to all nonattainment areas, whether classified or 
nonclassifiable.
    The relevant Subpart 1 requirements are contained in sections 
172(c) and 176. The April 16, 1992, General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990 (see 
57 FR 13498; hereafter referred to as the ``General Preamble of April 
16, 1992'') provides our interpretations of the CAA requirements

[[Page 7968]]

for not classified CO areas (see specifically 57 FR 13535):

    ``Although it seems clear that the CO-specific requirements of 
subpart 3 of part D do not apply to CO ``not classified'' areas, the 
1990 CAAA are silent as to how the requirements of subpart 1 of part 
D, which contains general SIP planning requirements for all 
designated nonattainment areas, should be interpreted for such CO 
areas. Nevertheless, because these areas are designated 
nonattainment, some aspects of subpart 1 necessarily apply.''

    Under section 172(b), the applicable section 172(c) requirements, 
as determined by the Administrator, were due no later than three years 
after an area was designated as nonattainment under section 107(d) of 
the amended CAA (see 56 FR 56694, November 6, 1991). In the case of the 
Billings area, the due date was November 15, 1993. As the Billings CO 
redesignation request and maintenance plan were not submitted by the 
Governor until February 9, 2001, the General Preamble of April 16, 
1992, provides that the applicable requirements of CAA section 172 are 
172(c)(3) (emissions inventory), 172(c)(5) (new source review 
permitting program), and 172(c)(7) (the section 110(a)(2) air quality 
monitoring requirements)). See 57 FR 13535, April 16, 1992. We have 
determined that Part D requirements for Reasonably Available Control 
Measures (RACM), an attainment demonstration, reasonable further 
progress (RFP), and contingency measures (CAA section 172(c)(9)) are 
not applicable to not classified CO areas. See 57 FR 13535, April 16, 
1992. It is also worth noting that we have interpreted the requirements 
of sections 172(c)(1) (reasonable available control measures--RACM), 
172(c)(2) (reasonable further progress--RFP), 172(c)(6) (other 
measures), and 172(c)(9) (contingency measures) as being irrelevant to 
a redesignation request because they only have meaning for an area that 
is not attaining the standard. See the General Preamble of April 16, 
1992, and the Calcagni Memorandum. Finally, the State has not sought to 
exercise the options that would trigger sections 172(c)(4) 
(identification of certain emissions increases) and 172(c)(8) 
(equivalent techniques). Thus, these provisions are also not relevant 
to this redesignation request.
    Section 176 of the CAA contains requirements related to conformity. 
Although our regulations (see 40 CFR 51.396) require that states adopt 
transportation conformity provisions in their SIPs for areas designated 
nonattainment or subject to an EPA-approved maintenance plan, we have 
decided that a transportation conformity SIP is not an applicable 
requirement for purposes of evaluating a redesignation request under 
section 107(d) of the CAA. This decision is reflected in our 1996 
approval of the Boston carbon monoxide redesignation. (See 61 FR 2918, 
January 30, 1996.)
    The applicable requirements of CAA section 172 are discussed below.
A. Section 172(c)(3)--Emissions Inventory
    Section 172(c)(3) of the CAA requires a comprehensive, accurate, 
current inventory of all actual emissions from all sources in the 
Billings nonattainment area. Our interpretation of the emission 
inventory requirement for ``not classified'' CO nonattainment areas is 
detailed in the General Preamble of April 16, 1992. We determined that 
an emissions inventory is specifically required under CAA section 
172(c)(3) and is not tied to an area's proximity to attainment. We 
concluded that an emissions inventory must be included as a revision to 
the SIP and was due three years from the time of the area's 
designation. For ``not classified'' CO areas, this date became November 
15, 1993. To address the section 172(c)(3) requirement for a 
``current'' inventory, EPA interpreted ``current'' to mean calendar 
year 1990 (see 57 FR 13502, April 16, 1992).
    On July 18, 1995, the Governor submitted to us the 1990 base year 
inventory for the Billings CO nonattainment area. We approved this 1990 
base year CO emissions inventory on December 15, 1997 (see 62 FR 
65613.)
B. Section 172(c)(5) New Source Review (NSR)
    The CAA requires all nonattainment areas to meet several 
requirements regarding NSR, including provisions to ensure that 
increased emissions will not result from any new or modified stationary 
major sources and a general offset rule. The State of Montana has a 
fully-approved NSR program (60 FR 36715, July 18, 1995) that meets the 
requirements of CAA section 172(c)(5). The State also has a fully 
approved Prevention of Significant Deterioration (PSD) program (60 FR 
36715, July 18, 1995) that will apply after the redesignation to 
attainment is approved by EPA.
C. Section 172(c)(7)--Compliance With CAA Section 110(a)(2): Air 
Quality Monitoring Requirements
    According to our interpretations presented in the General Preamble 
of April 16, 1992, ``not classified'' CO nonattainment areas should 
meet the ``applicable'' air quality monitoring requirements of section 
110(a)(2) of the CAA as explicitly referenced by sections 172(b) and 
(c) of the CAA. With respect to this requirement, the State indicates 
in section 56.12.3 (``Ambient Air Quality Data'') of the maintenance 
plan, that relevant ambient CO monitoring data have been properly 
collected and uploaded to EPA's Aerometric Information and Retrieval 
System (AIRS) for the Billings area. Air quality data through 1999 are 
included in section 56.12.3A of the maintenance plan. We have more 
recently polled the AIRS database and has verified that the State has 
also uploaded additional ambient CO data through 2000. The data in AIRS 
indicate that the Billings area has shown, and continues to show, 
attainment of the CO NAAQS.
    Information concerning CO monitoring in Montana is included in the 
Monitoring Network Review (MNR) prepared by the State and submitted to 
EPA. EPA personnel have concurred with Montana's annual network reviews 
and have agreed that the Billings network remains adequate. Finally, in 
section 56.12.7.4.A of the maintenance plan, the State commits to the 
continued operation of the existing Billings CO monitoring network, 
according to all applicable Federal regulations and guidelines, even 
after the Billings area is redesignated to attainment for CO.
    (c) Redesignation Criterion: The Area Must Have A Fully Approved 
SIP Under Section 110(k) of the CAA.
    Section 107(d)(3)(E)(ii) of the CAA states that for an area to be 
redesignated to attainment, it must be determined that the 
Administrator has fully approved the applicable implementation plan for 
the area under section 110(k).
    Based on the approval into the SIP of provisions under the pre-1990 
CAA, our prior approval of a SIP revision required under the 1990 
amendments to the CAA, and our approval of the State's commitment to 
maintain an adequate monitoring network (contained in the maintenance 
plan), we have determined that, as of the date of this Federal Register 
action, Montana has a fully approved CO SIP under section 110(k) for 
the Billings CO nonattainment area.
    (d) Redesignation Criterion: The Area Must Show That the 
Improvement in Air Quality Is Due To Permanent And Enforceable 
Emissions Reductions.
    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to 
be redesignated to attainment, the Administrator must determine that 
the improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from

[[Page 7969]]

implementation of the applicable implementation plan (Billings CO 
revision as approved on January 16, 1986, see 51 FR 2397), 
implementation of applicable Federal air pollutant control regulations, 
and other permanent and enforceable reductions.
    The CO emissions reductions for the Billings area were primarily 
derived through the Federal Motor Vehicle Control Program (FMVCP) and 
an intersection reconstruction that was detailed in the Billings SIP 
revision (see 51 FR 2397, January 16, 1986.)
    In general, the FMVCP provisions require vehicle manufacturers to 
meet more stringent vehicle emission limitations for new vehicles in 
future years. These emission limitations are phased in (as a percentage 
of new vehicles manufactured) over a period of years. As new, lower 
emitting vehicles replace older, higher emitting vehicles (``fleet 
turnover''), emission reductions are realized for a particular area 
such as Billings. For example, EPA promulgated lower hydrocarbon (HC) 
and CO exhaust emission standards in 1991, known as Tier I standards 
for new motor vehicles (light-duty vehicles and light-duty trucks) in 
response to the 1990 CAA amendments. These Tier I emissions standards 
were phased in with 40% of the 1994 model year fleet, 80% of the 1995 
model year fleet, and 100% of the 1996 model year fleet. The benefits 
to the Billings CO area of the FMVCP are further presented in section 
56.12.5.B of the maintenance plan.
    In addition, as part of the Billings CO SIP revision approved by 
EPA on January 16, 1986, intersection reconstruction was performed at 
Exposition Drive and First Avenue North near to where CO violations had 
previously occurred. The project included widening Exposition Drive 
from four to six lanes, widening the approach of First Avenue North to 
the intersection with Exposition Drive, and improving signalization to 
increase traffic flow and speed. This control measure is further 
described in section 56.12.5.B of the maintenance plan.
    Finally, Yellowstone County (which Billings is a part of), as part 
of the County's air pollution control plan, developed regulations 
governing open burning including requiring permits. The State indicates 
in section 56.12.5.B of the maintenance plan that open burning is not a 
major contributor to CO levels in the Billings area on average, but may 
be responsible for elevated levels during certain times of the year. 
These regulations, that we approved into the SIP (see 66 FR 32545, June 
15, 2001), allow Yellowstone County to require Best Available Control 
Technology (BACT) on open burning permits to limit emissions through a 
variety of methods including prioritizing burns. The regulations also 
dictate the times of year to which open burning is limited. The State 
indicates that a percent reduction in CO emissions would be difficult 
to quantify, however, the State believes that having the County's open 
burning regulations reduces air quality impacts.
    We have evaluated the various State and Federal control measures, 
the 1990 base year emission inventory, and the 1996 attainment year 
emission inventory, and has concluded that the improvement in air 
quality in the Billings nonattainment area has resulted from emission 
reductions that are permanent and enforceable.
    (e) Redesignation Criterion: The Area Must Have A Fully Approved 
Maintenance Plan Under CAA Section 175A.
    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be 
redesignated to attainment, the Administrator must have fully approved 
a maintenance plan for the area meeting the requirements of section 
175A of the CAA.
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
For areas such as Billings that are utilizing EPA's limited maintenance 
plan approach, as detailed in the EPA guidance memorandum entitled 
``Limited Maintenance Plan Option for Nonclassifiable CO Nonattainment 
Areas'' from Joseph Paisie, Group Leader, Integrated Policy and 
Strategies Group, Office of Air Quality and Planning Standards, dated 
October 6, 1995 (hereafter referred to as ``Paisie Memorandum''), the 
maintenance plan demonstration requirement is considered to be 
satisfied for nonclassifiable areas if the monitoring data show that 
the area is meeting the air quality criteria for limited maintenance 
areas (i.e., a design value at or below 7.65 ppm, or 85% of the CO 
NAAQS, based on the 8 consecutive quarters--2 years of data--used to 
determine attainment). There is no requirement to project emissions 
over the maintenance period. EPA believes if the area begins the 
maintenance period at or below 85 percent of CO NAAQS, the continued 
applicability of PSD requirements, any control measures already in the 
SIP, and Federal measures, should provide adequate assurance of 
maintenance over the initial 10-year maintenance period. In addition, 
the design value for the area must continue to be at or below 7.65 ppm 
until the time of final EPA action on the redesignation. The method for 
calculating the design value is presented in the June 18, 1990, EPA 
guidance memorandum entitled ``Ozone and Carbon Monoxide Design Value 
Calculations'', from William G. Laxton, Director of the OAQPS Technical 
Support Division, to Regional Air Directors (hereafter referred to as 
the ``Laxton Memorandum'.)
    In the case of a nonclassifiable area applying for a limited 
maintenance plan, all the monitors must have a separate design value 
calculated and the highest design value must be at or below 7.65 ppm. 
Should the design value for the area exceed 7.65 ppm prior to final EPA 
action on the redesignation, then the area no longer qualifies for the 
limited maintenance plan and must instead submit a full maintenance 
plan as described in the Calcagni Memorandum.
    Eight years after our approval of this redesignation, the State 
must submit a revised maintenance plan that demonstrates continued 
maintenance of the CO NAAQS for 10 years following the initial ten-year 
maintenance period. To address the possibility of future NAAQS 
violations, the maintenance plan must contain contingency measures, 
with a schedule for adoption and implementation, that are adequate to 
assure prompt correction of a violation. In addition, EPA issued 
further maintenance plan interpretations in the General Preamble of 
April 16, 1992, the Calcagni Memorandum, and the Paisie Memorandum. In 
this direct final rulemaking action, we are approving the State of 
Montana's limited maintenance plan for the Billings nonattainment area 
because EPA has determined, as detailed below, that the State's 
maintenance plan submittal meets the requirements of section 175A of 
the CAA and is consistent with the documents referenced above. Our 
analysis of the pertinent maintenance plan requirements, with reference 
to the Governor's February 9, 2001, submittal, is provided as follows:
1. Emissions Inventory--Attainment Year
    Our interpretations of the CAA section 175A maintenance plan 
requirements for a limited maintenance plan are described in the 
Calcagni Memorandum and Paisie Memorandum as referenced above. The 
State is to develop an attainment year emissions inventory to identify 
a level of emissions in the area which is sufficient to attain the CO 
NAAQS. This inventory is to be consistent with EPA's most

[[Page 7970]]

recent guidance on emissions inventories for nonattainment areas 
available at the time \2\ and should represent emissions during the 
time period associated with the monitoring data showing attainment.
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    \2\ The October 6, 1995, limited maintenance plan guidance 
memorandum states that current guidance on the preparation of 
emissions inventories for CO areas is contained in the following 
documents: ``Procedures for the Preparation of Emission Inventories 
for Carbon Monoxide and Precursors of Ozone: Volume I'' (EPA-450/4-
91-016), and ``Procedures for Emission Inventory Preparation: Volume 
IV, Mobile Sources'' (EPA-450/4-81-026d revised).
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    The maintenance plan that the Governor submitted on February 9, 
2001, included a comprehensive inventory of CO emissions for the 
Billings area for a typical CO season day work day in 1996. This 
inventory includes emissions from stationary point sources, area 
sources, non-road mobile sources, and on-road mobile sources. The State 
selected 1996 as the year from which to develop the attainment year 
inventory as it correlated with other inventory work that the State was 
proceeding with. The use of a 1996 inventory is acceptable to us as it 
represents a recent year for which the Billings area was showing 
attainment for the CO NAAQS. We note, and as archived in our Aerometric 
Information Retrieval System (AIRS) national database, that the 
Billings area has actually continuously demonstrated attainment of the 
CO NAAQS since 1988. Further, use of the 1996 attainment year conforms 
with the requirements in both the Calcagni Memorandum and Paisie 
Memorandum.
    A more detailed description of the 1996 attainment year inventory 
is documented in the maintenance plan, section 56.12.7.1, and in the 
State's Technical Support Document (TSD). The State's submittal 
contains detailed emission inventory information for the Billings area 
that was prepared in accordance with EPA guidance.
    We note in the maintenance plan, section 56.12.7.1, and the State's 
TSD that the State elected to perform a more comprehensive gridded 
emission inventory that not only contained emissions from Billings, but 
also emissions from the nearby communities of Huntley and Laurel which 
may impact the Billings area. This was denoted as the ``Billings CO 
Emission Inventory Study Area.'' The total CO emissions for all three 
communities, as provided in the maintenance plan and in Table 5.1.b of 
the State's TSD, were 144,645.93 kilograms per day or 159.47 tons per 
day. However, for the purposes of the redesignation to attainment, only 
CO emissions from the actual Billings nonattainment area are necessary. 
The State also provided the CO nonattainment area emission figures in 
Table 5.1.c of the State's TSD. The total CO emissions for just the 
Billings nonattainment area were 94,936.31 kilograms per day or 104.67 
tons per day.
    Therefore, we are only archiving the Billings nonattainment area's 
summary CO emission figures from the 1996 attainment year in Table 
II.--2 below.

 Table II.--2 Summary of 1996 CO Emissions (Tons per Day) for Billings*
------------------------------------------------------------------------
                                 On-road        Non-road
Point sources   Area sources      mobile         mobile         Total
------------------------------------------------------------------------
        2.13           9.99          85.95           6.60       104.67
------------------------------------------------------------------------
*Note: The Billings 1996 attainment year inventory figures were
  presented in the maintenance plan and the State's TSD in kilograms per
  day (kg/day). For the reader's convenience, we have converted kg/day
  to tons per day (TPD) by multiplying kg/day by 0.0011025 tons per kg.

2. Demonstration of Maintenance
    As described in our October 6, 1995, limited maintenance plan 
guidance memorandum (Paisie Memorandum), the maintenance plan 
demonstration requirement is considered to be satisfied for 
nonclassifiable CO areas (such as Billings) if the monitoring data show 
that the area is meeting the air quality criteria for limited 
maintenance areas (i.e., equal to or less than a 7.65 ppm design 
value). There is no requirement to project emissions over the 
maintenance period. EPA believes that if an area begins the maintenance 
period at or below 85 percent of the CO NAAQS (7.65 ppm), the continued 
application of control measures already in the SIP, PSD requirements, 
and Federal measures provides adequate assurance of maintenance over 
the initial 10-year maintenance period.
    As presented in section 56.12.7.2 and in Table 56.12.7.2.A of 
maintenance plan, the CO design value for the Billings area is 5.8 ppm 
which is below the limited maintenance plan requirement of 7.65 ppm. 
Therefore, the Billings area has adequately demonstrated maintenance.
3. Monitoring Network and Verification of Continued Attainment
    The October 6, 1995, Paisie Memorandum for limited maintenance plan 
areas states that to verify the attainment status of an area, such as 
Billings, over the maintenance period, the maintenance plan should 
contain provisions for the continued operation of an appropriate, EPA-
approved air quality monitoring network in accordance with 40 CFR part 
58.
    This monitoring network requirement is met in section 56.12.7.3 of 
the Billings maintenance plan. This section states that the Montana 
Department of Environmental Quality (MDEQ) has operated and will 
continue to operate the Billings monitoring network in full accordance 
with the provisions of 40 CFR part 58 and the EPA-approved Montana 
Quality Assurance Project Plan. The MDEQ will also analyze the 
monitoring data to verify continued attainment of the CO NAAQS for the 
Billings area. The above air quality monitoring commitment by the 
State, which will be enforceable by EPA after this final approval of 
the Billings maintenance plan SIP revision, is deemed adequate by EPA.
4. Contingency Plan
    Section 175A(d) of the CAA requires that a maintenance plan include 
contingency provisions. To meet this requirement, the State has 
identified appropriate contingency measures along with a schedule for 
the development and implementation of such measures. As stated in 
section 56.12.7.4 of the maintenance plan, the State will use an 
exceedance of the CO NAAQS as the trigger for adopting specific 
contingency measures for the Billings area. The State indicates that 
notification to EPA, and other affected governments, of the exceedance 
will occur within 60 days. Upon notification of a CO NAAQS exceedance, 
the MDEQ and Yellowstone County Air Quality Control (YCAQC) will 
convene to recommend an appropriate contingency measure or measures 
that would be necessary to avoid a violation of the CO NAAQS standard. 
The necessary contingency measure(s) will then be proposed for local 
adoption. The local adoption process will be completed within three

[[Page 7971]]

months of the exceedance notification. Full implementation of the 
locally adopted contingency measure(s) will be achieved within one year 
after the recording of a CO NAAQS violation.
    The potential contingency measures, identified in section 
56.12.7.4.C of the Billings maintenance plan, include implementation of 
an oxygenated fuels program with local regulations in the Billings or 
Yellowstone County area for the winter months of November, December, 
and January and establishing a high pollution day episodic woodburning 
curtailment program. A more complete description of the triggering 
mechanism and these contingency measures can be found in section 
56.12.7. 4 of the maintenance plan.
    Based on the above, we find that the contingency measures and 
procedures provided in the State's maintenance plan for Billings are 
sufficient and meet the requirements of section 175A(d) of the CAA and 
the Paisie Memorandum for CO limited maintenance plans.
5. Subsequent Maintenance Plan Revisions
    The State of Montana has committed to submit a future, revised 
maintenance plan for the Billings area. This commitment is contained in 
section 56.12.7.4.D of the Billings maintenance plan and meets the 
requirements of the CAA and EPA policy and guidance. Section 
56.12.7.4.D states that eight years after EPA redesignates the Billings 
area to attainment, the State commits to submit to EPA a revised 
maintenance plan that will provide maintenance of the CO NAAQS for an 
additional 10 years after the expiration of the initial maintenance 
period.

IV. Conformity

    Because the Billings area qualified for and utilized EPA's limited 
maintenance plan national policy (Paisie Memorandum), special 
conformity provisions apply as indicated below in an excerpt from such 
policy:

``e. Conformity Determinations Under Limited Maintenance Plans

    The transportation conformity rule (58 FR 62188; November 24, 
1993) and the general conformity rule (58 FR 63214; November 30, 
1993) apply to nonattainment areas and maintenance areas operating 
under maintenance plans. Under either rule, one means of 
demonstrating conformity of Federal actions is to indicate that 
expected emissions from planned actions are consistent with the 
emissions budget for the area. Emissions budgets in limited 
maintenance plan areas may be treated as essentially not 
constraining for the length of the initial maintenance period 
because it is unreasonable to expect that such an area will 
experience so much growth in that period that a violation of the CO 
NAAQS would result. In other words, EPA would be concluding that 
emissions need not be capped for the maintenance period. Therefore, 
in areas with approved limited maintenance plans, Federal actions 
requiring conformity determinations under the transportation 
conformity rule could be considered to satisfy the ``budget test'' 
required in sections 93.118, 93.119, and 93.120 of the rule. 
Similarly, in these areas, Federal actions subject to the general 
conformity rule could be considered to satisfy the ``budget test'' 
specified in section 93.158(a)(5)(i)(A) of the rule.''

    In addition, for Billings, Federal actions are also considered to 
satisfy the transportation conformity rule's requirements for 
expeditious implementation of transportation control measures (TCM) 
because there are no TCMs in the Billings CO SIP element. 
Transportation plans, transportation improvement programs, and Federal 
projects still require conformity determinations in order to proceed 
and Federal projects are still subject to the hotspot modeling 
requirements of the transportation conformity rule.

V. Final Action

    In this action, EPA is approving the Billings carbon monoxide 
redesignation request to attainment and the maintenance plan.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective April 22, 2002, 
without further notice unless the Agency receives adverse comments by 
March 25, 2002.
    If EPA receives such comments, then EPA will publish a timely 
withdrawal of the direct final rule informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on April 22, 2002, and no further action will be 
taken on the proposed rule.

Administrative Requirements

(a) Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

(b) Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

(c) Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the

[[Page 7972]]

process of developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely approves state rules implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. In addition, 
redesignation of an area to attainment under sections 107(d)(3)(D) and 
(E) of the Clean Air Act does not impose any new requirements. Thus, 
the requirements of section 6 of the Executive Order do not apply to 
this rule.

(d) Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This direct final rule does not have tribal implications. It will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

(e) Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211 ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

(f) Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This final approval will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements, but simply approve requirements that the State is 
already imposing. Therefore, because the SIP final approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2). Redesignation of an area to attainment under 
sections 107(d)(3)(D) and (E) of the Clean Air Act does not impose any 
new requirements. Redesignation to attainment is an action that affects 
the legal designation of a geographical area and does not impose any 
regulatory requirements. Therefore, because the final approval of the 
redesignation does not create any new requirements, I certify that the 
final approval of the redesignation request will not have a significant 
economic impact on a substantial number of small entities.

(g) Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that this final approval action does not include 
a Federal mandate that may result in estimated costs of $100 million or 
more to either State, local, or tribal governments in the aggregate, or 
to the private sector. This Federal action approves pre-existing 
requirements under State or local law, and imposes no new requirements. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.

(h) Submission to Congress and the Comptroller General

    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 rule 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). This rule will be effective April 22, 2002.

(i) National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

(j) Petitions for Judicial Review

    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 April 22, 2002. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition

[[Page 7973]]

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) of the Clean Air Act.)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: January 29, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.

    Chapter I, title 40, parts 52 and 81 of the Code of Federal 
Regulations are amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart BB--Montana

    2. Section 52.1373 is amended by redesignating the existing 
paragraph as paragraph (a) and adding paragraph (b) to read as follows:


Sec. 52.1373  Control strategy: Carbon monoxide.

* * * * *
    (b) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Billings, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

    2. In Sec. 81.327, the table entitled ``Montana-Carbon Monoxide'' 
is amended by revising the entry for ``Billings Area'' to read as 
follows:


Sec. 81.327  Montana.

* * * * *

                                                                Montana--Carbon Monoxide
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Designation                                                Classification
        Designated area         ------------------------------------------------------------------------------------------------------------------------
                                             Date 1                         Type                         Date 1                         Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
Billings Area:
    Yellowstone County (part):
        The following areas of   April 22, 2002.                Attainment
         Yellowstone Co. (Range
         and Township)
         sections: R25E T1N--
         Sections 24 through 27
         and 34 through 36;
         R25E T1S--Sections 1,
         2, and 12; R26E T1N
         Sections 19 through 22
         and 27 through 34;
         R26E T1S Sections 2
         through 11 and 15
         through 18..
 
                   *                  *                  *                  *                  *                  *                *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 02-4062 Filed 2-20-02; 8:45 am]
BILLING CODE 6560-50-P