[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4597-4598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01854]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0339; FRL-9973-17-Region 8]


Montana Second 10-Year Carbon Monoxide Maintenance Plan for 
Missoula

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to re-approve a State Implementation Plan (SIP) revision 
submitted by the State of Montana. On September 19, 2016, the Governor 
of Montana submitted to the EPA a Clean Air Act (CAA) section 175A(b) 
second 10-year maintenance plan for the Missoula, Montana area for the 
carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). 
This limited maintenance plan (LMP) addresses maintenance of the CO 
NAAQS for a second 10-year period beyond the original redesignation. 
This action is being taken under sections 110 and 175A of the CAA.

DATES: Effective February 1, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R08-OAR-2017-0339. All documents in the docket are 
listed on the http://www.regulations.gov website. 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 through http://www.regulations.gov, or please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Adam Clark, (303) 312-7104, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The factual background for this action is discussed in detail in 
our September 14, 2017 direct final rule (DFR) and proposal (82 FR 
43180, 82 FR 43208) approving the revised Missoula Maintenance Plan 
into the Montana SIP. The EPA received one adverse comment on the 
rulemaking and attempted to withdraw the DFR prior to the effective 
date of November 13, 2017. However, the EPA inadvertently did not 
withdraw the DFR prior to that date and the rule became prematurely 
effective on November 13, 2017, revising the Montana SIP to reflect the 
approval of the revised Missoula Maintenance Plan. In this final 
rulemaking, the EPA is responding to the comments submitted on the 
proposed revision to the Montana SIP, and is re-approving the revised 
Missoula Maintenance Plan into the Montana SIP. The background 
information found in the DFR is still relevant and our September 14, 
2017 proposal provides the basis for this final action.
    The EPA finds that there is good cause under section 553(d)(3) of 
the Administrative Procedure Act (APA) to make this action re-approving 
the revisions to the Montana SIP effective upon publication in the 
Federal Register. Section 553(d)(3) of the APA allows an effective date 
less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). This rule does not create any new regulatory requirements 
and does not change any existing regulatory requirements. For these 
reasons, the EPA finds good cause under APA section 553(d)(3) for the 
re-approval to become effective on the date of publication of this 
action.

II. Response to Comments

    The EPA received two anonymous public comments, one which we 
considered adverse, on our action to approve Montana's September 19, 
2016 SIP submittal. Below is a summary of each comment and the EPA's 
response.
    Comment: The first commenter asked whether we were ``expecting any 
push-back'' from businesses in extending the carbon monoxide plan for 
another 10 years.
    Response: Under the CAA, 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, the EPA's role is to approve state 
actions, provided that they meet the criteria of the CAA. With that, 
the EPA notes that we did not receive any comments from any individual 
businesses or business groups.
    Comment: The second commenter asserted that the EPA had failed to 
consider the effects of approving the SIP submission on the economy or 
energy independence as required by a March

[[Page 4598]]

28, 2017 Executive Order entitled ``Promoting Energy Independence and 
Economic Growth.'' (E. O. 13783).
    Response: Under the CAA, 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, the EPA's role is to approve state 
actions, provided that they meet the criteria of the CAA. The EPA 
cannot consider disapproving a SIP submission or require any changes 
based on E. O. 13783.

III. Final Action

    The EPA is re-approving the revised Missoula Maintenance Plan 
submitted on September 19, 2016. This maintenance plan meets the 
applicable CAA requirements, and we have determined it is sufficient to 
provide for maintenance of the 8-hour CO NAAQS over the course of the 
second 10-year maintenance period out to 2027. This rule, which 
responds to the adverse comment received, finalizes our proposed 
approval of the revised section of Montana's SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, 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, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting federal 
requirements; this action 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 the 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 
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. The 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 2, 2018. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Reporting and recordkeeping requirements.


    Dated: January 24, 2018.
Debra H. Thomas,
Acting Regional Administrator, Region 8.

    40 CFR part 52 is 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 52.1373 is amended by revising paragraph (d) to read as 
follows:


Sec.  52.1373  Control strategy: Carbon monoxide.

* * * * *
    (d) Revisions to the Montana State Implementation Plan, revised 
Carbon Monoxide Maintenance Plan for Missoula, as submitted by the 
Governor on September 19, 2016 (as approved by the EPA on February 1, 
2018).

[FR Doc. 2018-01854 Filed 1-31-18; 8:45 am]
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