[Federal Register Volume 87, Number 70 (Tuesday, April 12, 2022)]
[Rules and Regulations]
[Pages 21578-21579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07406]



40 CFR Part 52

[EPA-R08-OAR-2021-0678; FRL-9299-02-R8]

Air Plan Approval; Montana; 2015 Ozone NAAQS Interstate Transport 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision submitted by the State of Montana as meeting the Clean Air Act 
(CAA) requirement that each State Implementation Plan (SIP) contain 
adequate provisions to prohibit emissions that will significantly 
contribute to nonattainment or interfere with maintenance of the 2015 
ozone National Ambient Air Quality Standards (NAAQS) in any other 
state. EPA is taking this action pursuant to the CAA.

DATES: This rule is effective on May 12, 2022.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2021-0678. 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 

FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, telephone number: (303) 312-6728, email address: 
[email protected].

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

I. Background

    On February 3, 2022 (87 FR 6095), EPA published a document in the 
Federal Register proposing approval of the interstate transport portion 
of the State of Montana's October 1, 2018 SIP revision. EPA's proposed 
approval addressed the CAA requirement prohibiting air emissions from 
the State that significantly contribute to nonattainment or interfere 
with maintenance of the 2015 8-hour ozone NAAQS in other states. See 
CAA section 110(a)(2)(D)(i)(I) (the ``good neighbor provision''). The 
rationale for EPA's proposed action is given in the February 3, 2022 
proposal and will not be repeated here. EPA received no public comments 
on the proposal for this rulemaking.

II. Final Action

    EPA is approving the good neighbor portion of the State's October 
1, 2018 SIP revision into the Montana SIP. This revision is approved as 
meeting CAA section 110(a)(2)(D)(i)(I) requirements that Montana's SIP 
includes adequate provisions prohibiting any source or other type of 
emissions activity within the state from emitting any air pollutant in 
amounts that will contribute significantly to nonattainment or 
interfere with maintenance of the 2015 ozone NAAQS in any other state.

III. 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, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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, 
     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 

[[Page 21579]]

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. 
    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 June 13, 2022. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 2, 2022.
KC Becker,
Regional Administrator, Region 8.
    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart BB--Montana

2. In Sec.  52.1370, the table in paragraph (e) is amended under 
``Statewide'' by adding the entry ``Interstate Transport Requirements 
of the CAA, section 110(a)(2)(D)(i)(I), for the 2015 Ozone NAAQS'' 
after the entry for ``Montana regional haze 5-year progress report'' to 
read as follows:

Sec.  52.1370   Identification of plan.

* * * * *
    (e) * * *

                                              State effective    Notice of final
               Title/subject                        date            rule date               NFR citation
                                                  (1) Statewide
                                                  * * * * * * *
Interstate Transport Requirements of the                   N/A     April 12, 2022  [insert Federal Register
 CAA, section 110(a)(2)(D)(i)(I), for the                                           citation]
 2015 Ozone NAAQS.
                                                  * * * * * * *

[FR Doc. 2022-07406 Filed 4-11-22; 8:45 am]