[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28718-28720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10451]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2015-0205; FRL-9945-64-Region 8]


Designation of Areas for Air Quality Planning Purposes; 
Redesignation Request and Associated Maintenance Plan for Billings, MT 
2010 SO2 Nonattainment Area

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Montana's request to redesignate the Billings sulfur dioxide 
(SO2) nonattainment area to attainment for the 2010 
SO2 primary national ambient air quality standards (NAAQS). 
The EPA has determined that the Billings SO2 nonattainment 
area is attaining the 2010 SO2 primary NAAQS. In addition, 
the EPA is approving Montana's maintenance plan which provides for 
continued attainment of the 2010 SO2 primary NAAQS in the 
area. These actions are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on June 9, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification Number EPA-R08-OAR-2015-0205. All documents in the 
docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information 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 
through http://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 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.

FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The EPA designated a portion of Billings, Montana, as nonattainment 
for the 2010 SO2 NAAQS on August 5, 2013, (effective October 
4, 2013) using 2009-2011 ambient air quality data, leaving the 
remaining portion of Billings and Yellowstone County undesignated and 
subject to future analysis and designation. See 78 FR 47191 (August 5, 
2013).
    On January 16, 2015, the State submitted a request for the EPA to 
determine that the Billings SO2 nonattainment area has 
attained the 2010 SO2 NAAQS per the EPA's ``clean data 
policy.'' On December 14, 2015, the State submitted to the EPA a 
request for redesignation of the Billings 2010 SO2 
nonattainment area to attainment and a SIP revision containing a 
maintenance plan for the area.
    On March 7, 2016, the EPA published a notice of proposed rulemaking 
(NPR) which proposed to approve the State's requests. See 81 FR 11733. 
Specifically, the EPA proposed to take the following four separate but 
related actions: (1) Determine that the Billings SO2 
nonattainment area is attaining the 2010 1-hour SO2 NAAQS; 
(2) approve Montana's plan for maintaining the 2010 1-hour 
SO2 NAAQS (maintenance plan); (3) redesignate the Billings 
SO2 nonattainment area to attainment for the 2010 1-hour 
SO2 NAAQS; and (4) determine that the Billings 
SO2 nonattainment area has clean monitoring data. The 
details of Montana's submittal and the rationale for EPA's proposed 
actions are explained in the NPR and will not be restated here. The EPA 
received two public comments on the NPR, both of which supported the 
proposed redesignation. We acknowledge these supportive comments.

II. Final Action

    The EPA is taking final actions on the redesignation request and 
maintenance

[[Page 28719]]

plan submitted by the State of Montana on December 14, 2015 for the 
Billings 2010 SO2 nonattainment area. The EPA is approving 
Montana's redesignation request because we have determined that the 
request meets the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA for this standard. The EPA finds that the 
monitoring data demonstrate that the area has attained the 2010 
SO2 NAAQS, and continues to attain the NAAQS as a result of 
the permanent and enforceable shutdown of the PPL Corette facility, 
whose emissions in 2009-2011 had been responsible for the area not 
previously meeting the NAAQS. The EPA is also approving the associated 
maintenance plan for the Billings 2010 SO2 nonattainment 
area as a revision to the Montana SIP for the 2010 SO2 NAAQS 
because it meets the requirements of section 175A of the CAA. Approval 
of this redesignation request will change the official designation of 
the Billings 2010 SO2 nonattainment area to attainment for 
the 2010 SO2 NAAQS.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. See 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 CAA. 
Accordingly, these actions merely approve state law as meeting federal 
requirements and do not impose additional requirements beyond those 
imposed by state law. For this reason, these actions:
     Are not significant regulatory actions 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);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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 CAA; and
     Do 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 does not apply on any Indian reservation land 
or in any other area where the EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
final 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).

B. Congressional Review Act

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 11, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sulfur dioxide.

40 CFR Part 81

    Environmental protection, Air pollution control, Sulfur dioxide.

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

    Dated: April 18, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart BB--Montana

0
2. Section 52.1370, paragraph (e), under ``(9) Yellowstone County'' is 
amended by adding the entry ``Billings 2010 SO2 Maintenance 
Plan'' at the end of the table to read as follows:


Sec.  52.1370  Identification of plan.

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    (e) * * *

[[Page 28720]]



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                                               State
              Title/subject               effective date   Notice of final rule date         NFR citation
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                                                  * * * * * * *
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                                             (9) Yellowstone County
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                                                  * * * * * * *
Billings 2010 SO2 Maintenance Plan......      12/14/2015  5/10/2016.................  [Insert Federal Register
                                                                                       citation].
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0
3. Section 52.1398 is added to read as follows:


Sec.  52.1398  Control strategy: Sulfur dioxide.

    (a) Redesignation to attainment. The EPA has determined that the 
Billings 2010 sulfur dioxide (SO2) nonattainment area has 
met the criteria under CAA section 107(d)(3)(E) for redesignation from 
nonattainment to attainment for the 2010 1-hour SO2 NAAQS. 
The EPA is therefore redesignating the Billings 2010 SO2 
nonattainment area to attainment.
    (b) The EPA is approving the maintenance plan for the Billings 
nonattainment area for the 2010 SO2 NAAQS submitted by the 
State of Montana on December 14, 2015.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.327, table ``Montana--2010 Sulfur Dioxide NAAQS 
(Primary)'' is amended by revising the entry for ``Yellowstone County 
(part)'' to read as follows:


Sec.  81.327  Montana.

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                                                                          Designation
               Designated area                ------------------------------------------------------------------
                                                    Date                              Type
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                                                  * * * * * * *
Yellowstone County (part)....................       5/10/2016  Attainment.
The area originates at the point defined as
 the southwest corner of Section 11, Township
 1S, Range 26E. From that point the boundary
 proceeds north along the western section
 line of Section 11 to the point of
 intersection with the midline of Interstate
 Highway 90. From that point the boundary
 follows the midline of Interstate Highway
 90, across the Yellowstone River, to the
 point where the highway midline intersects
 the northern boundary of Section 35,
 Township 1N, Range 26E. From that point the
 boundary proceeds east along the northern
 section line of Sections 35 and 36 to the
 point where Old US 87/Hardin Road leaves the
 section line and turns southeast. The
 boundary follows the midline of Old US 87/
 Hardin Road southeast to the point where the
 road intersects the western boundary of the
 SE 1/4 of the SE 1/4 of Section 31, Township
 1N, Range 27E. From that point the boundary
 proceeds south along the 1/4 section line to
 the southern boundary of Township 1N, then
 east to the northeast corner of Section 5,
 Township 1S, Range 27E. The boundary then
 proceeds south along the eastern section
 line of sections 5 and 8 to the southeast
 corner of Section 8, Township 1S, Range 27E,
 where it turns west and follows the south
 section line of Sections 8 and 7, Township
 1S, Range 27E; and Sections 12 and 11,
 Township 1S, Range 26E, back to the point of
 origin.
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[FR Doc. 2016-10451 Filed 5-9-16; 8:45 am]
 BILLING CODE 6560-50-P