[Federal Register Volume 85, Number 124 (Friday, June 26, 2020)]
[Rules and Regulations]
[Pages 38327-38330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12077]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2019-0690; FRL-10010-18-Region 8]


Air Quality State Implementation Plans; Approvals and 
Promulgations: Montana; Columbia Falls, Kalispell and Libby PM10 
Nonattainment Area Limited Maintenance Plan and Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
Limited Maintenance Plan (LMP) for the Columbia Falls, Kalispell and 
Libby nonattainment areas (NAAs) and the State's request to redesignate 
the Columbia Falls, Kalispell and Libby NAAs from nonattainment to 
attainment for the 1987 24-hour particulate matter with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers 
(PM10) National Ambient Air Quality Standard (NAAQS). 
Additionally, the EPA is determining that the Libby and Kalispell NAAs 
have attained the PM10 NAAQS based on monitoring data from 
calendar years 2016-2018. On January 31, 2011, the EPA determined that 
the Columbia Falls NAA attained the PM10 NAAQS. The EPA is 
also approving the Columbia Falls, Kalispell and Libby LMP as meeting 
the appropriate transportation conformity requirements. The EPA is 
taking this action pursuant to the Clean Air Act (CAA).

[[Page 38328]]


DATES: This rule is effective on July 27, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2019-0690. 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: Kate Gregory, (303) 312-6175, 
[email protected]. Mail can be directed to the Air and Radiation 
Division, U.S. 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 Columbia Falls PM10 NAA is one of three NAAs in 
Flathead County. It is rectangularly shaped, and generally encompasses 
the downtown portion of Columbia Falls and the nearby surrounding 
areas. Columbia Falls was originally designated as a Group I area on 
August 7, 1987, meaning it was likely to violate the PM10 
NAAQS, and was subsequently classified as a Moderate NAA for the 1987 
24-hour PM10 NAAQS on November 6, 1991. See 56 FR 56694. 
States containing initial Moderate PM10 NAAs were required 
to submit, by November 15, 1991, a Moderate NAA State Implementation 
Plan (SIP) that, among other requirements, implemented Reasonably 
Available Control Measures (RACM) by December 10, 1993, and 
demonstrated whether it was practicable to attain the PM10 
NAAQS by December 31, 1994. See generally 57 FR 13498 (April 16, 1992); 
see also 57 FR 18070 (April 28, 1992). The State of Montana submitted 
an initial PM10 SIP to the EPA on May 6, 1992, and 
subsequent submissions on August 26, 1994 and July 18, 1995. The State 
of Montana's SIP for the Columbia Falls Moderate NAA included, among 
other things: A comprehensive emissions inventory; RACM; a 
demonstration that attainment of the PM10 NAAQS would be 
achieved in Columbia Falls by December 31, 1994; Reasonable Further 
Progress (RFP) requirements; and control measures that satisfy the 
contingency measures requirement of section 172(c)(9) of the CAA. The 
EPA fully approved the Columbia Falls NAA PM10 attainment 
plan on March 19, 1996 (61 FR 11153).
    The Libby PM10 NAA is one of three NAAs in Flathead 
County. It is an irregularly shaped portion of Lincoln County, 
comprising of the city of Libby, and the surrounding communities. The 
area was originally designated as a Group I area on August 7, 1987, 
meaning it was likely to violate the PM10 NAAQS, and was 
subsequently classified as a Moderate NAA for the 1987 24-hour 
PM10 NAAQS on November 6, 1991. See 56 FR 56694.
    The State of Montana submitted an initial PM10 SIP to 
the EPA on November 25, 1991, with revisions and corrections submitted 
on May 24, 1993 and June 3, 1994. The State of Montana's SIP for the 
Libby Moderate PM10 NAA included, among other things: A 
comprehensive emissions inventory; RACM; a demonstration that 
attainment of the PM10 NAAQS would be achieved in Libby by 
December 31, 1994; RFP requirements; and control measures that satisfy 
the contingency measures requirement of section 172(c)(9) of the CAA. 
The EPA approved the Libby NAA PM10 attainment plan, with 
the exception of the contingency plan, on August 30, 1994 (59 FR 
44627). Revisions to the contingency plan were submitted by Montana on 
March 15, 1995 and subsequently approved on September 30, 1996 (61 FR 
51074).
    The Kalispell PM10 NAA is one of three NAAs in Flathead 
County. It is irregularly shaped and generally encompasses the City of 
Kalispell and the nearby surrounding areas, including the 
unincorporated community of Evergreen. Kalispell was originally 
designated as a Group I area on August 7, 1987, meaning it was likely 
to violate the PM10 NAAQS, and was subsequently classified 
as a Moderate NAA for the 1987 24-hour PM10 NAAQS on 
November 6, 1991. See 56 FR 56694. The State of Montana submitted an 
initial PM10 SIP to the EPA on November 25, 1991 and 
submitted three additional SIP revisions between 1991 and 1994. The 
State of Montana's SIP for the Kalispell Moderate NAA included, among 
other things: A comprehensive emissions inventory; RACM; a 
demonstration that attainment of the PM10 NAAQS would be 
achieved in Kalispell by December 31, 1994; RFP requirements; and 
control measures that satisfy the contingency measures requirement of 
section 172(c)(9) of the CAA. The EPA fully approved the Kalispell NAA 
PM10 attainment plan on March 19, 1996 (61 FR 11153).
    The factual and legal background for this action is discussed in 
detail in our March 20, 2020 (85 FR 16029) proposed approval of the 
Columbia Falls, Kalispell and Libby LMP as meeting the appropriate 
transportation conformity requirements, and concurrent redesignation of 
the Columbia Falls, Kalispell and Libby NAAs to attainment of the NAAQS 
for PM10.

II. Response to Comments

    The public comment period on the EPA's proposed rule opened on 
March 20, 2020, the date of its publication in the Federal Register, 
(85 FR 16029), and closed on April 20, 2020. During this time, the EPA 
received no comments.

III. Final Action

    For the reasons explained in our proposed action, we are approving 
the LMP for the Columbia Falls, Kalispell and Libby NAAs and the 
State's request to redesignate the Columbia Falls, Kalispell and Libby 
NAAs from nonattainment to attainment for the 1987 24-hour 
PM10 NAAQS. Additionally, the EPA has determined that the 
Kalispell and Libby NAAs have attained the NAAQS for 
PM10.\1\ This determination is based upon monitored air 
quality data for the PM10 NAAQS during the years 2016-2018. 
The EPA is approving the Columbia Falls, Kalispell and Libby LMPs as 
meeting the appropriate transportation conformity requirements found in 
40 CFR part 93, subpart A and general conformity requirements found in 
40 CFR part 93, subpart B.
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    \1\ See January 31, 2011 (76 FR 5280) wherein the EPA determined 
that the Columbia Falls NAA attained the PM10 NAAQS.
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IV. 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,

[[Page 38329]]

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 August 25, 2020. 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, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Particulate matter, Reporting and recordkeeping 
requirements.

    Dated: May 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
    For the reasons stated in the preamble, EPA amends 40 CFR parts 52 
and 81 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. In Sec.  52.1370:
0
a. In the table in paragraph (e):
0
i. Add the entries ``Columbia Falls 1987 PM10 Limited 
Maintenance Plan'' and ``Kalispell 1987 PM10 Limited 
Maintenance Plan'' in alphabetical order under the heading entitled 
``(3) Flathead County''.
0
ii. Add the entry ``Libby 1987 PM10 Limited Maintenance 
Plan'' in alphabetical order under the heading entitled ``(5) Lincoln 
County''.
    The additions read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (e) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Notice of
                 Title/subject                        State        final rule                                  NFR citation
                                                 effective date       date
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                                                                      * * * * * * *
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                                                                   (3) Flathead County
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                                                                      * * * * * * *
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Columbia Falls 1987 PM10 Limited Maintenance     ..............    6/26/20 2020  [insert Federal Register citation]
 Plan.
 
                                                                      * * * * * * *
Kalispell 1987 PM10 Limited Maintenance Plan...  ..............       6/26/2020  [insert Federal Register citation]
 
                                                                      * * * * * * *
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                                                                   (5) Lincoln County
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[[Page 38330]]

 
                                                                      * * * * * * *
Libby 1987 PM10 Limited Maintenance Plan.......  ..............       6/26/2020  [insert Federal Register citation]
 
                                                                      * * * * * * *
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0
3. In Sec.  52.1374, add paragraph (e) to read as follows:


Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (e) On July 23, 2019, the State of Montana submitted limited 
maintenance plans for the Columbia Falls, Kalispell and Libby 
PM10 nonattaiment areas and requested that these areas be 
redesignated to attainment for the PM10 National Ambient Air 
Quality Standards. The redesignation request and limited maintenance 
plans satisfy all applicable requirements of the Clean Air Act.

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, amend the table entitled ``Montana--PM-10'' by 
revising the entries for ``Flathead County:'' and ``Lincoln County, 
Libby and vicinity'' to read as follows:


Sec.  81.327  Montana.

* * * * *

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                                               Designation                            Classification
        Designated area         --------------------------------------------------------------------------------
                                      Date                 Type                Date                Type
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                                                  * * * * * * *
Flathead County:
    The area bounded by lines         7/27/2020  Attainment.............  ..............  ......................
     from Universal
     Transmercator (UTM)
     coordinate 700000mE,
     5347000mN, east to
     704000mE, 5347000mN, south
     to 704000mE, 5341000mN,
     west to 703000mE,
     5341000mN, south to
     703000mE, 5340000mN, west
     to 702000mE, 5340000mN,
     south to 702000mE,
     5339000mN, east to
     703000mE, 5339000mN, south
     to 703000mE, 5338000mN,
     east to 704000mE,
     5338000mN, south to
     704000mE, 5336000mN, west
     to 702000mE, 5336000mN,
     south to 702000mE,
     5335000mN, west to
     700000mE, 5335000mN, north
     to 700000mE, 5340000mN,
     west to 695000mE,
     5340000mN, north to
     695000mE, 5345000mN, east
     to 700000mE, 5345000mN,
     north to 700000mE,
     5347000mN.
 
                                                  * * * * * * *
Lincoln County, Libby and             7/27/2020  Attainment.............  ..............  ......................
 vicinity.
 
                                                  * * * * * * *
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[FR Doc. 2020-12077 Filed 6-25-20; 8:45 am]
BILLING CODE 6560-50-P