[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Rules and Regulations]
[Pages 33547-33549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13618]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R08-OAR-2020-0741; FRL-10025-27-Region 8]
Approval and Promulgation of Implementation Plans; Montana; Butte
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) submitted by the State of Montana to EPA
on March 23, 2020, for the Butte Moderate nonattainment area (NAA) for
particulate matter with an aerodynamic diameter less than or equal to a
nominal 10 micrometers (PM10) and concurrently redesignate
the NAA to attainment for the 24-hour PM10 National Ambient
Air Quality Standard (NAAQS). In order to approve the LMP and
redesignation, EPA determined that the Butte, MT NAA has attained the
1987 24-hour PM10 NAAQS of 150 [mu]g/m\3\. This
determination is based upon monitored air quality data for the
PM10 NAAQS during the years 2014 through 2018. The EPA is
taking this action pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on July 26, 2021.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2020-0741. 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, Air and Radiation
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail
Code 8P-ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129,
telephone number: (303) 312-6175, email address: [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our April
19, 2021 proposal (86 FR 20353). In that document, we proposed to
approve the LMP for the Butte NAA and the State's request to
redesignate the Butte NAA from nonattainment to attainment for the 1987
24-hour PM10 NAAQS. Additionally, we proposed to determine
that the Butte NAA has attained the NAAQS for PM10. That
determination was based upon monitored air quality data for the
PM10 NAAQS during the years 2014 through 2018. Finally, in
our April 19, 2021 proposal, EPA proposed to approve the Butte LMP as
meeting the appropriate transportation conformity requirements found in
40 CFR part 93, subpart A.
The public comment period on the EPA's proposed rule opened on
April 19, 2021, the date of its publication in the Federal Register (86
FR 20353) and closed on May 19, 2021. During this time, the EPA
received two comments, both in support of this action and neither
require response to comment.
II. Final Action
For the reasons explained in our proposed action, we are approving
the LMP for the Butte NAA and the State's request to redesignate the
Butte NAA from nonattainment to attainment for the 1987 24-hour
PM10 NAAQS. Additionally, the EPA is determining that the
Butte NAA has attained the
[[Page 33548]]
NAAQS for PM10. This determination is based upon monitored
air quality data for the PM10 NAAQS during the years 2014
through 2018. The EPA is approving that the Butte LMP as meeting the
appropriate transportation conformity requirements found in 40 CFR part
93, subpart A.
III. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
EPA is finalizing the incorporation by reference of maintenance plans
for the Butte PM10 NAA and the Governor of Montana's
redesignation requests for the Butte PM10 NAAs to
attainment. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 8 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information). Therefore, these materials have been approved by the EPA
for inclusion in the State implementation plan, have been incorporated
by reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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, 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, 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 24, 2021. 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,
and Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 21, 2021.
Debra H. Thomas,
Acting 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. In Sec. 52.1370, the table in paragraph (e) is amended by adding
the entry ``Butte 1987 PM10 Limited Maintenance Plan'' under
the heading entitled ``(8) Silver Bow County'' at the end of the
section to read as follows:
Sec. 52.1370 Identification of plan.
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(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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(8) Silver Bow County
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* * * * * * *
Butte 1987 PM10 Limited .............. 6/25/2021 [insert Federal Register citation].
Maintenance Plan.
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0
3. In Sec. 52.1374, add paragraph (f) to read as follows:
Sec. 52.1374 Control strategy: Particulate matter.
* * * * *
(f) On March 23, 2020, the State of Montana submitted limited
maintenance plans for the Butte PM10 nonattaiment areas and
requested that this area 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, the table entitled ``Montana--PM-10'' is amended by
revising the entry ``Silver Bow County, Butte'' to read as follows:
Sec. 81.327 Montana.
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Designation Classification
Designated area -------------------------------------------------------------------------------
Date Type Date Type
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Silver Bow County, Butte........ 7/26/2021 Attainment.
The following area of Butte-
Silver Bow excluding the
territorial limits of the
City of Walkerville:
Beginning at the Northwest
corner of Section 2, T.3N.,
R.8W., thence Easterly to
Northeast corner Section 5,
T.3N., R.7W.; then
Southerly to Northwest
corner Section 9, T.3N.,
R.7W.; thence Easterly to
Northeast corner Section
10, T.3N., R.7W.; thence
Southerly to Southeast
corner Section 22, T.2N.,
R.7W.; thence Westerly to
Southwest corner Section
19, T.2N., R.7W.; thence
Northerly to Northwest
corner Section 19, T.2N.,
R.7W.; thence Westerly to
Southwest corner Section
14, T.2N., R.8W.; thence
Northerly to Southwest
corner Section 35, T.3N.,
R.8W.; thence Westerly to
Southwest corner Section
34, T.3N., R.8W.; thence
Northerly to Northwest
corner Section 27, T.3N.,
R.8W.; thence Westerly to
Southwest corner Section
20, T.3N., R.8W.; thence
Northerly to Northwest
corner Section 17, T.3N.,
R.8W.; thence Easterly to
Northwest corner Section
14, T.3N., R.8W.; thence
Northerly to the point of
beginning.
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[FR Doc. 2021-13618 Filed 6-24-21; 8:45 am]
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