[Federal Register Volume 76, Number 52 (Thursday, March 17, 2011)]
[Rules and Regulations]
[Pages 14584-14587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0952; FRL-9246-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Attainment Plan for Libby, MT PM2.5 Nonattainment Area and 
PM10 State Implementation Plan Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the State Implementation Plan (SIP) revision 
submitted by the State of Montana on March 26, 2008. Montana submitted 
this SIP revision to meet Clean Air Act requirements for attaining the 
1997 annual fine Particulate Matter (PM2.5) national ambient 
air quality standard (NAAQS) for the Libby nonattainment area. The plan 
revision, herein called an ``attainment plan,'' includes an attainment 
demonstration, an analysis of Reasonably Available Control Technology 
and Reasonably Available Control Measures (RACT/RACM), base-year and 
projection year emission inventories, and contingency measures. The 
requirement for a Reasonable Further Progress (RFP) plan is satisfied 
because Montana projected that attainment with the 1997 annual 
PM2.5 NAAQS will occur in the Libby nonattainment area by 
April 2010. In addition, EPA is also approving revisions to the Lincoln 
County Air Pollution Control Program submitted by Montana on June 26, 
2006, for inclusion into Libby's attainment plan for purposes of the 
1987 PM10 NAAQS.

[[Page 14585]]

This submittal contains provisions, including contingency measures, for 
controlling both PM10 and PM2.5 emissions from 
woodstoves, road dust, and outdoor burning. Finally, EPA is finding on-
road directly emitted PM2.5 and oxides of nitrogen 
(NOX) in the Libby, Montana nonattainment area insignificant 
for regional transportation conformity purposes. As a result of this 
finding the Libby, Montana nonattainment area will not have to perform 
a regional emissions analysis for either direct PM2.5 or 
NOX as part of future conformity determinations for the 1997 
annual PM2.5 NAAQS.

DATES: Effective date: This final rule is effective April 18, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2006-0952. All documents in the docket are listed in 
the http://www.regulations.gov index. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, will 
be publicly available only in hard copy. Publicly available docket 
materials are available either electronically in http://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 FOR FURTHER INFORMATION CONTACT to view the hard 
copy of the docket. You may view the hard copy of the docket Monday 
through Friday, 8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Crystal Freeman, Air Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, Phone: (303) 312-6602, 
Fax: (303) 312-6064, [email protected].

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 words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The initials PM2.5 mean or refer to particulate matter with an 
aerodynamic diameter of less than 2.5 micrometers.
    (v) The initials PM10 mean or refer to particulate matter with an 
aerodynamic diameter of less than 10 micrometers.
    (vi) The word State or Montana refers to the State of Montana 
unless the context indicates otherwise.
    (vii) The initials NAAQS mean or refer to National Ambient Air 
Quality Standards.

Table of Contents

I. Background
II. Public Comment
III. EPA Final Action
IV. Statutory and Executive Order Reviews

I. Background

    On July 18, 1997 (62 FR 38652), EPA established the first 
PM2.5 NAAQS, including annual standards of 15.0 [mu]g/m\3\ 
based on a 3-year average of annual mean PM2.5 
concentrations, and 24-hour (or daily) standards of 65 [mu]g/m\3\ based 
on a 3-year average of the 98th percentile of 24-hour concentrations. 
EPA designated the Libby area ``nonattainment'' for the 1997 annual 
PM2.5 NAAQS under section 107(d)(1) of the CAA on April 5, 
2005 (70 FR 944, 986; see also 74 FR 58688, 58744-45). The specific 
geographic boundaries of this nonattainment area appear in 40 CFR 
81.327.
    On April 25, 2007, EPA issued the Clean Air Fine Particle 
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586). 
The implementation rule describes the CAA framework and requirements 
for developing PM2.5 attainment plans. Among other things, 
an attainment plan must include a demonstration that a nonattainment 
area will meet the applicable NAAQS within the timeframe provided in 
the statute. It must also include supporting technical analyses and 
descriptions of all relevant adopted federal, state, and local 
regulations and control measures that have been implemented by the 
proposed attainment date. For the 1997 PM2.5 NAAQS, an 
attainment plan must show that a nonattainment area will attain the 
standard as expeditiously as practicable but within five years of 
designation (April 2010), or within up to ten years of designation 
(April 2015) if the EPA Administrator extends an area's attainment date 
by 1-5 years based upon the severity of the nonattainment problem or 
the feasibility of implementing control measures.
    For each nonattainment area, the state must demonstrate that it has 
adopted all Reasonably Available Control Technology (RACT) and 
Reasonably Available Control Measures (RACM) needed to show that the 
area will attain the PM2.5 standards as expeditiously as 
practicable. Any measures that are necessary to meet these requirements 
which are not already either federally promulgated or part of the 
state's SIP must be submitted in enforceable form as part of a state's 
attainment plan. The implementation rule provides recommendations 
(including specific measures for certain source categories) that states 
should consider in developing RACT/RACM. The implementation rule also 
addresses other required elements of a state's attainment plan, 
including emission inventories, the PM2.5 precursors that 
must be addressed in the plan, contingency measures, and motor vehicle 
emissions budgets used for transportation conformity purposes.
    On March 25, 2008, the Montana Board of Environmental Review (MBER) 
submitted revisions to meet the new attainment plan requirements for 
the Libby PM2.5 nonattainment area. On March 23, 2006, the 
MBER had previously submitted revisions to the existing PM10 
SIP plan for Lincoln County (the county containing Libby). EPA elected 
to act on both of these revisions simultaneously. On September 14, 2010 
we proposed approval of both the PM2.5 attainment plan and 
the PM10 SIP revisions (75 FR 55713).
    The Libby attainment plan provided a demonstration that the 1997 
annual PM2.5 NAAQS would be met by April 2010 through the 
implementation of the revisions to the Lincoln County Air Pollution 
Control Program (Program) summarized below. Among other things, the 
Libby attainment plan includes an emissions inventory (EI), a woodstove 
air pollution control calculation, and a technical analysis showing 
that the emissions of PM2.5 will be reduced sufficiently to 
meet the NAAQS.
    The 2006 revisions to the PM10 SIP are also relevant to 
PM2.5 for the Libby nonattainment area. Several provisions 
are included to regulate solid fuel burning devices (such as 
woodstoves) and to require owners and operators of these devices to 
obtain operating permits. Additionally, the revisions allow for air 
pollution alerts if either PM10 or PM2.5 
concentrations averaged over a 4-hour period exceed a level 20 percent 
below any federal or state particulate matter standard. Provisions are 
also included for penalties for non-compliance and for contingency 
measures that are triggered by an exceedance of the PM2.5 
NAAQS. Additionally, revisions were made for open and outdoor burning, 
including more stringent limits on the time periods for open burning 
activities.

[[Page 14586]]

    The bases for EPA's approval of both the attainment plan for the 
1997 annual PM2.5 NAAQS for the Libby area and for the 
revisions to the existing PM10 SIP plan for Lincoln County, 
including EPA's analysis and findings, are explained in much more 
detail in the proposed rulemaking (75 FR 55713). Additional technical 
support documents are available at www.regulations.gov, Docket No. EPA-
R08-OAR-2006-0952.

II. Public Comment

    We received no public comments on the proposed approvals.

III. EPA Final Action

    EPA is approving two separate Montana SIP submittals. First, EPA is 
approving the attainment plan for the 1997 PM2.5 NAAQS for 
the Libby area submitted by Montana on March 26, 2008. Second, EPA is 
approving the PM10 SIP revisions to the Lincoln County Air 
Pollution Control Program for Lincoln County submitted by Montana on 
June 26, 2006. EPA has determined that the PM2.5 attainment 
plan and PM10 SIP revisions meet applicable requirements of 
the Clean Air Act, including (for the PM2.5 attainment plan) 
the Clean Air Fine Particle Implementation Rule issued by EPA on April 
25, 2007 (72 FR 20586) and (for the PM10 SIP revisions) 
other statutory requirements including section 110(l). In particular, 
EPA has determined that Montana's PM2.5 attainment plan for 
the Libby area includes the following acceptable elements: An 
attainment demonstration, an analysis of RACT/RACM and adoption of 
selected control measures, base-year and projection-year emission 
inventories, and contingency measures. Finally, EPA is finding on-road 
directly emitted PM2.5 and NOX in the Libby, 
Montana nonattainment area insignificant for regional transportation 
conformity purposes.
    In accordance with section 172(c) of the CAA and the implementation 
rule, the attainment plan submitted by Montana for the Libby area 
included: (1) Emission inventories for the plan's base year (in this 
case, 2005) and projection year (2010); and (2) an attainment 
demonstration consisting of: (a) Technical analyses that locate, 
identify, and quantify sources of emissions contributing to violations 
of the annual PM2.5 NAAQS; (b) a determination of which 
PM2.5 precursors should be controlled in this area for 
purposes of expeditious attainment; (c) analyses of future-year 
emission reductions and air quality improvements expected to result 
from national and local programs, and from new measures to meet 
requirements for RACT/RACM; (d) adopted emission reduction measures; 
and (e) contingency measures.
    With respect to the pollutants to control in the plan, the State 
evaluated, based on its emission inventories and by source category, 
sources of direct PM2.5, SO2 and NOX 
for RACT/RACM control measures. The State's evaluation of sources of 
SO2 and NOX resulted in their conclusion that no 
additional controls for those precursors are necessary to attain the 
1997 PM2.5 NAAQS expeditiously based on the absence of 
stationary sources or area sources that can be cost effectively or 
reasonably controlled for these precursors in this area. The 
overwhelmingly predominant contributor to the PM2.5 
nonattainment problem in the Libby area was area sources of direct 
PM2.5, and in particular emissions from wood burning devices 
and open burning. The State therefore adopted control measures it 
determined to be RACM for direct PM2.5 from these area 
source categories. EPA has reviewed Montana's RACT/RACM analysis and 
has determined that the state reasonably identified potential control 
measures and reasonably selected and adopted appropriate measures for 
RACT/RACM for the Libby area. In addition, the state used a 
proportional model to demonstrate attainment in 2010 resulting from 
these measures, and adopted contingency measures triggered by any 
future exceedance of the 1997 PM2.5 NAAQS.
    Finally, transportation conformity is required under CAA section 
176(c) to ensure that transportation plans, transportation improvement 
programs (TIPs) and federally supported highway and transit projects 
are consistent with (``conform to'') the state air quality 
implementation plan. Transportation conformity applies to areas that 
are designated nonattainment, and to those areas redesignated to 
attainment after 1990 with a CAA section 175A maintenance plan 
(``maintenance areas'') for transportation-related criteria pollutants: 
Carbon monoxide (CO), NOX and particulate matter 
(PM2.5 and PM10).
    EPA's transportation conformity rule (40 CFR parts 51 and 93) 
establishes the criteria and procedures for determining whether 
transportation activities conform to the SIP. One requirement of the 
rule is that transportation plans, TIPs, and projects must satisfy a 
regional emissions analysis for the relevant pollutants and precursors 
(40 CFR 93.118, 119). However, section 93.109(m) states that an area is 
not required to satisfy a regional emissions analysis for a pollutant 
or precursor if EPA finds that the SIP demonstrates that motor vehicle 
emissions of that pollutant or precursor are an insignificant 
contributor to the area's air quality problem.
    In this action, EPA finds that regional emissions from motor 
vehicles of PM2.5 and NOX in the Libby 
PM2.5 nonattainment area are an insignificant contributor to 
the Libby area's PM2.5 air quality problem. In making this 
insignificance finding, EPA evaluated the provisions of 40 CFR 
93.109(m) against the relevant information contained in the SIP 
attainment plan, the SIP revision's associated technical support 
document (TSD), and additional information as developed by EPA. We 
evaluated the following factors in determining whether on-road direct 
PM2.5 and NOX emissions are insignificant 
contributors to the area's PM2.5 air quality problem; (1) 
the percentage of motor vehicle emissions in the context of the total 
SIP inventory; (2) the current state of air quality as determined by 
monitoring data for that NAAQS; (3) the absence of SIP motor vehicle 
control measures; and (4) historical trends and future projections of 
the growth of motor vehicle emissions. Detailed information regarding 
our evaluations of these factors and our conclusions are provided in 
our September 14, 2010 proposed rulemaking and will not be repeated 
here. EPA did not receive any public comments on the proposed 
insignificance finding. Please refer to our September 14, 2010 proposed 
rulemaking (75 FR 55713) and additional technical support documents 
which are available at http://www.regulations.gov, Docket No. EPA-R08-
OAR-2006-0952.
    Based on our evaluations and conclusions, as presented in our 
proposed rulemaking action (see 75 FR 55713, September 14, 2010), EPA 
is finding that regional motor vehicle emissions of PM2.5 
and NOX are insignificant contributors to Libby's 
PM2.5 nonattainment problem. With our finding, 
PM2.5 and NOX motor vehicle emissions budgets 
(MVEB) are not required to be established and a regional emissions 
analysis is not required for either PM2.5 or NOX 
in any future conformity determination in Libby. Please note, however, 
that PM2.5 hot-spot analyses will be required for individual 
projects, if such an analysis is required in the future for 
transportation conformity purposes.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and

[[Page 14587]]

therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
action merely approves state law as meeting Federal requirements and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission; to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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).
    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 May 16, 2011. 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 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, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Particulate 
matter, Reporting and recordkeeping requirements.

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

    Dated: December 20, 2010.
James B. Martin,
Regional Administrator, Region 8.

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401-7671q.

Subpart BB--Montana

0
2. Section 52.1370 is amended by adding and reserving paragraphs 
(c)(69) and (c)(70), and by adding paragraph (c)(71) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (71) The Governor of Montana submitted revisions, reordering and 
renumbering to the Libby County Air Pollution Control Program in a 
letter dated June 26, 2006. The revised Lincoln County regulations 
focus on woodstove emissions, road dust, and outdoor burning emissions.
    (i) Incorporation by reference.
    (A) Before the Board of Environmental Review of the State of 
Montana order issued on March 23, 2006, by the Montana Board of 
Environmental Review approving amendments to the Libby Air Pollution 
Control Program.
    (B) Libby City Council Resolution No. 1660 signed February 27, 2006 
and Lincoln County Board of Commissioners Resolution No. 725 signed 
February 27, 2006, adopting revisions, reordering and renumbering to 
the Lincoln County Air Pollution Control Program, Health and 
Environment Regulations, Chapter 1--Control on Air Pollution, 
Subchapter 1--General Provisions; Subchapter 2--Solid Fuel Burning 
Device Regulations; Subchapter 3--Dust Control Regulations; Subchapter 
4--Outdoor Burning Regulations; as revised on February 27, 2006.
    (ii) Additional Material.
    (A) Stipulation signed October 7, 1991, between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.

[FR Doc. 2011-5969 Filed 3-16-11; 8:45 am]
BILLING CODE 6560-50-P