[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47897-47899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2019-0340; FRL-9999-29-Region 8]


Designation of Areas for Air Quality Planning Purposes; Montana; 
Redesignation Request and Associated Maintenance Plan for East Helena 
SO2 Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Montana's request to redesignate the East Helena sulfur 
dioxide (SO2) nonattainment area to attainment for the 1971 
primary and secondary SO2 National Ambient Air Quality 
Standards (NAAQS). The EPA is also approving Montana's maintenance plan 
which provides for continued attainment of the 1971 primary and 
secondary SO2 NAAQS in the East Helena area. The EPA is 
taking these actions pursuant to section 110 of the Clean Air Act 
(CAA). This final rulemaking action includes the EPA's determination 
that the East Helena SO2 nonattainment area attains the 1971 
primary and secondary SO2 NAAQS. The emissions offset and 
highway funding sanctions were imposed on the State of Montana for the 
East Helena SO2 nonattainment area because the State did not 
submit a required attainment demonstration for the 1971 secondary 
SO2 NAAQS. Because the area is being redesignated for this 
standard and is no longer obligated to submit an attainment 
demonstration, the sanctions will no longer apply as of the effective 
date of this final rule.

DATES: This rule is effective on October 11, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0340. 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., 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], or Clayton Bean (303) 312-6143, 
[email protected], Air and Radiation Division, US EPA, Region 8, 
Mail-code 8ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The EPA designated a portion of East Helena, Montana, as 
nonattainment for the 1971 primary and secondary SO2 NAAQS 
on March 3, 1978, based on monitored violations of the SO2 
NAAQS (see 43 FR 8962).

[[Page 47898]]

    On October 26, 2018, the State of Montana submitted to the EPA a 
request for redesignation of the East Helena 1971 SO2 
nonattainment area to attainment and a SIP revision containing a 
maintenance plan for the area.
    On July 17, 2019, the EPA published a notice of proposed rulemaking 
(NPRM) which proposed to approve Montana's October 26, 2018 submittal 
(see 84 FR 34090). Specifically, the EPA proposed to take the following 
separate but related actions: (1) Redesignate the East Helena 
SO2 nonattainment area to attainment for the primary and 
secondary 1971 SO2 NAAQS, based on our determination that 
the State's request meets the redesignation criteria set forth in 
section 107(d)(3)(E) of the CAA for these standards; and (2) approve 
Montana's plan for maintaining these NAAQS in the East Helena area for 
the first ten years following redesignation to attainment, based on our 
determination that this maintenance plan meets the requirements of 
section 175A of the CAA. The details of Montana's submittal and the 
rationale for the EPA's proposed actions are explained in detail in the 
NPRM and will not be restated here. The EPA did not receive any public 
comments on the NPRM.

II. Final Action

    The EPA is taking final actions to approve the redesignation 
request and maintenance plan submitted by the State of Montana on 
October 26, 2018 for the East Helena 1971 primary and secondary 
SO2 NAAQS nonattainment area. Approval of the redesignation 
request will change the official designation of the East Helena 
SO2 nonattainment area to attainment for the 1971 primary 
and secondary SO2 NAAQS.
    The EPA's redesignation of the East Helena SO2 
nonattainment area to attainment also alleviates the requirement that 
the State submit an attainment SIP for the 1971 secondary 
SO2 NAAQS. Because upon redesignation the State is no longer 
required to submit the plan requirements that resulted in application 
of the sanctions, the sanctions will terminate as of the effective date 
of this action.\1\
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    \1\ Due to Montana not submitting an attainment SIP for the 1971 
secondary SO2 NAAQS, highway sanctions and 2:1 emissions 
offset sanctions were imposed on January 19, 1996 and July 19, 1995 
respectively. For more information please see our July 17, 2019 NPRM 
at 84 FR 34090.
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III. Statutory and Executive Order Reviews

    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, the 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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, 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 CAA; 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 November 12, 2019. 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, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National Parks, 
Wilderness areas.

    Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR parts 52 and 81 are amended as follows:

[[Page 47899]]

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(e), under ``(4) Lewis and Clark County,'' is amended 
by adding the entry ``East Helena 1971 SO2 Maintenance 
Plan'' after the entry ``Sulfur Dioxide NAAQS--Plan Summary, Plan 
Summary, East Helena Sulfur Dioxide (SO2) Attainment Plan'' 
to read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (e) * * *

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                                                                    Notice of
                 Title/subject                        State        final rule                                  NFR citation
                                                 effective date       date
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                                                                      * * * * * * *
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                                                               (4) Lewis and Clark County
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                                                                      * * * * * * *
East Helena 1971 SO2 Maintenance Plan..........  ..............       9/11/2019  [Insert Federal Register citation].
 
                                                                      * * * * * * *
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0
3. Section 52.1398 is amended by adding paragraphs (c) and (d) to read 
as follows:


Sec.  52.1398  Control strategy: Sulfur dioxide.

* * * * *
    (c) Redesignation to attainment. The EPA has determined that the 
East Helena sulfur dioxide (SO2) nonattainment area has met 
the criteria under CAA section 107(d)(3)(E) for redesignation from 
nonattainment to attainment for the 1971 primary and secondary 
SO2 NAAQS. The EPA is therefore redesignating the East 
Helena 1971 SO2 nonattainment area to attainment.
    (d) Maintenance plan. The EPA is approving the maintenance plan for 
the East Helena nonattainment area for the 1971 SO2 NAAQS 
submitted by the State of Montana on October 26, 2018.

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. In Sec.  81.327, the table entitled ``Montana--1971 Sulfur Dioxide 
NAAQS (Primary and Secondary)'' is amended by revising the entry for 
``East Helena Area'' to read as follows:


Sec.  81.327  Montana.

                                       Montana--1971 Sulfur Dioxide NAAQS
                                             [Primary and Secondary]
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                                                          Does not meet
          Designated area              Does not meet        secondary          Cannot be          Better than
                                     primary standards      standards          classified     national standards
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                                                  * * * * * * *
East Helena Area...................  .................  .................  .................                  X
 
                                                  * * * * * * *
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[FR Doc. 2019-19576 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P