[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.

* * * * *
    (e) * * *

[[Page 33549]]



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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]
BILLING CODE 6560-50-P