[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16571-16573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07227]



40 CFR Part 52

[EPA-R08-OAR-2012-0352; FRL-9925-51-Region 8]

Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for 

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 Billings 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 beyond the original redesignation. EPA

[[Page 16572]]

is also approving an alternative monitoring strategy for the Billings 
CO maintenance area, which was submitted by the Governor's designee on 
June 22, 2012.

DATES: This final rule is effective April 29, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R08-OAR-2012-0352. 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.

8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-
7104, [email protected].



    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 

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 Billings 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 Billings Maintenance Plan, the State 
submitted a CO maintenance plan for the Great Falls, 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 2, 2014, we proposed approval 
of the Billings second 10-year maintenance plan and the associated 
``Alternative Monitoring Strategy.'' (79 FR 71369)

II. Response to Comments

    The comment period for our December 2, 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 Billings 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 Billings 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 

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

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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. 
    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 29, 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:


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 revising paragraph (b) to read as 

Sec.  52.1373  Control strategy: Carbon monoxide.

* * * * *
    (b) Revisions to the Montana State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Billings, as submitted by the 
Governor's Designee on July 13, 2011, and the associated Alternative 
Monitoring Strategy for Billings, as submitted by the Governor's 
Designee on June 22, 2012.
* * * * *

[FR Doc. 2015-07227 Filed 3-27-15; 8:45 am]