[Federal Register Volume 80, Number 134 (Tuesday, July 14, 2015)]
[Rules and Regulations]
[Pages 40911-40912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17054]



[[Page 40911]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0254; FRL-9930-47-Region 8]


Determinations of Attainment of the 1997 Annual Fine Particulate 
Matter Standard for the Libby, Montana Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing two 
separate and independent determinations regarding the Libby, Montana 
nonattainment area for the 1997 annual fine particulate matter 
(PM2.5) National Ambient Air Quality Standard (NAAQS). 
First, EPA is determining that the Libby nonattainment area attained 
the 1997 annual PM2.5 NAAQS by the applicable attainment 
date, April 2010. This determination is based on quality-assured and 
certified ambient air quality data for the 2007-2009 monitoring period. 
Second, EPA is finalizing that the Libby nonattainment area has 
continued to attain the 1997 annual PM2.5 NAAQS, based on 
quality-assured and certified ambient air quality data for the 2012-
2014 monitoring period. Based on the second determination, EPA will 
suspend certain nonattainment area planning obligations. These 
determinations do not constitute a redesignation to attainment. The 
Libby nonattainment area will remain designated nonattainment for the 
1997 annual PM2.5 NAAQS until such time as EPA determines 
that the Libby nonattainment area meets the Clean Air Act (CAA) 
requirements for redesignation to attainment, which include an approved 
maintenance plan. These proposed actions are being taken under the CAA.

DATES: This final rule is effective on August 13, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2014-0254. All documents in the docket are listed on 
the www.regulations.gov Web site. 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, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, 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 a.m. to 4 
p.m., excluding federal holidays.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Libby nonattainment area is comprised of the City of Libby 
within Lincoln County. See 40 CFR 81.327. On April 14, 2015 (71 FR 
19935), EPA published a proposed rulemaking for the Libby nonattainment 
area. In the April 14, 2015 rulemaking action, EPA proposed to make a 
determination that the Libby nonattainment area attained the 1997 
annual PM2.5 NAAQS by the area's attainment date, April 
2010. EPA also proposed to make a determination that the Libby 
nonattainment area continues to attain the 1997 annual PM2.5 
NAAQS. No comments were received on the April 14, 2015 proposed rule.

II. Summary of Rulemaking Actions

    These actions do not constitute a redesignation of the Libby 
nonattainment area to attainment for the 1997 annual PM2.5 
NAAQS under CAA section 107(d)(3). Neither determination of attainment 
involves approving a maintenance plan for the Libby nonattainment area, 
nor determines that the Libby nonattainment area has met all the 
requirements for redesignation under the CAA, including that the 
attainment be due to permanent and enforceable measures. Therefore, the 
designation status of the Libby nonattainment area will remain 
nonattainment for the 1997 annual PM2.5 NAAQS until such 
time as EPA takes a final rulemaking action to determine that the Libby 
nonattainment area meets the CAA requirements for redesignation to 
attainment.

A. Determination of Attainment by the Attainment Date

    Pursuant to section 188(b)(2) of the CAA, EPA is making a 
determination that the Libby nonattainment area has attained the 1997 
annual PM2.5 NAAQS by the area's attainment date, April 
2010. This determination is based upon quality-assured and certified 
ambient air monitoring data for the 2007-2009 monitoring period that 
shows the area has monitored attainment to the 1997 PM2.5 
annual NAAQS attainment date. The effect of this final determination of 
attainment to the 1997 PM2.5 annual NAAQS attainment date is 
to discharge EPA's obligation under CAA section 181(b)(2) to determine, 
based on the Libby nonattainment area's air quality whether the area 
attained the standard.

B. ``Clean Data'' Determination of Attainment

    EPA is also making a determination that the Libby nonattainment 
area continues to attain the 1997 annual PM2.5 NAAQS. This 
``clean data'' determination is based upon quality assured and 
certified ambient air monitoring data that show the area has monitored 
attainment of the 1997 annual PM2.5 NAAQS for the 2012-2014 
monitoring period. As a result of this determination, the requirement 
for the Libby nonattainment area to submit an attainment demonstration, 
reasonably available control measures (RACM), reasonable further 
progress (RFP), and contingency measures related to attainment of the 
1997 annual PM2.5 NAAQS shall be suspended for so long as 
the area continues to attain the NAAQS.\1\
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    \1\ Even though the requirements are suspended, EPA is not 
precluded from acting upon these elements at any time if submitted 
to EPA for review and approval. On March 17, 2011 (76 FR 14584), EPA 
took final action to approve the submitted SIP revision for the 
Libby PM2.5 nonattainment area, which included an 
attainment demonstration, RACM, RFP, and contingency measures.
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C. EPA's Analysis of the Relevant Air Quality Data

    Consistent with the requirements contained in 40 CFR part 50, EPA 
has reviewed the annual PM2.5 ambient air quality monitoring 
data for the 2007-2009 and 2012-2014 monitoring periods for the Libby 
nonattainment area, as recorded in EPA's Air Quality System (AQS) 
database. On the basis of that review, EPA has concluded that the Libby 
nonattainment area attained the 1997 annual PM2.5 NAAQS, 
based on data for the 2007-2009 monitoring period. EPA has also 
concluded that the Libby nonattainment area continues to attain, based 
on data for the 2012-2014 monitoring period.

III. Final Action

    EPA is making two separate and independent determinations regarding 
the Libby nonattainment area. First,

[[Page 40912]]

pursuant to section 188(b)(2) of the CAA, EPA is making a determination 
that the Libby nonattainment area has attained the 1997 annual 
PM2.5 NAAQS attainment date of April 2010. Second, EPA is 
making a determination that the Libby nonattainment area is attaining 
the 1997 annual PM2.5 NAAQS, based on quality assured and 
certified ambient air monitoring data for the 2012-2014 monitoring 
period. This final determination suspends the requirements for the 
Libby nonattainment area to submit an attainment demonstration and 
associated RACM, RFP plan, contingency measures, and any other planning 
requirements related to attainment of the 1997 annual PM2.5 
NAAQS for so long as the area continues to attain the 1997 annual 
PM2.5 NAAQS. These determinations do not constitute a 
redesignation to attainment. The Libby nonattainment area will remain 
designated nonattainment for the 1997 annual PM2.5 NAAQS 
until such time as EPA determines that the Libby nonattainment area 
meets the CAA requirements for redesignation to attainment, including 
an approved maintenance plan.

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 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 September 14, 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

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

    Dated: June 25, 2015.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

0
2. Section 52.1374 is amended by adding paragraph (c) to read as 
follows:


Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (c) Determination of Attainment. EPA has determined, July 14, 2015, 
based on quality-assured air monitoring data for 2007-2009 and 2012-
2014 ambient air quality data, that the Libby, MT fine particulate 
matter (PM2.5) nonattainment area attained the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS). 
Therefore, EPA has met the requirement of CAA section 188(b)(2) to 
determine, based on the area's air quality as of the attainment date or 
as expeditiously as practicable, whether the area attained the 1997 
annual PM2.5 NAAQS. Additionally, this determination 
suspends the requirements for this area to submit an attainment 
demonstration, associated reasonably available control measures, a 
reasonable further progress plan, contingency measures, and other 
planning SIPs related to attainment of the standard for as long as this 
area continues to meet the 1997 annual PM2.5 NAAQS. If EPA 
determines, after notice-and-comment rulemaking, that this area no 
longer meets the 1997 annual PM2.5 NAAQS, the corresponding 
determination of attainment for that area shall be withdrawn.

[FR Doc. 2015-17054 Filed 7-13-15; 8:45 am]
 BILLING CODE 6560-50-P