[Federal Register Volume 87, Number 110 (Wednesday, June 8, 2022)]
[Rules and Regulations]
[Pages 34795-34797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11580]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R08-OAR-2021-0808; FRL-9595-02-R8]


Approval and Promulgation of Implementation Plans; Montana; 
Whitefish 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 August 6, 2021, for the Whitefish Moderate nonattainment area (NAA) 
for particulate matter with an aerodynamic diameter less than or equal 
to a nominal 10 micrometers (PM10) and concurrently 
redesignating 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 Whitefish NAA has 
attained the 1987 24-hour PM10 NAAQS of 150 [micro]g/m\3\. 
This determination is based upon monitored air quality data for the 
PM10 NAAQS during the years 2015 through 2020. The EPA is 
taking this action pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on July 8, 2022.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2021-0808. 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 March 
8, 2022 proposal (87 FR 12912). In that document, we proposed to 
approve the LMP for the Whitefish NAA and the State's request to 
redesignate the Whitefish NAA from nonattainment to attainment for the 
1987 24-hour PM10 NAAQS. Additionally, we proposed to 
determine that the Whitefish NAA has attained the NAAQS for 
PM10. That determination was based upon monitored air 
quality data for the PM10 NAAQS during the years 2015 
through 2020. Finally, in our March 8, 2022 proposal, EPA proposed to 
approve the Whitefish 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 
March 8, 2022, the date of its publication in the Federal Register (87 
FR 12912) and closed on April 7, 2022. During this comment period we 
received no comments on our proposal.

II. Environmental Justice Considerations

    As discussed on the proposed rule, to identify environmental 
burdens and susceptible populations in underserved communities in the 
Whitefish area, we performed a screening-level analysis using the EPA's 
environmental justice (EJ) screening and mapping tool 
(``EJSCREEN'').\1\ The results of this screening level analysis are 
described in our proposed rule (87 FR 12912). This action addresses a 
plan for continued attainment of the 1987 PM10 NAAQS for the 
Whitefish area. Approval of this plan does not impose any additional 
regulatory requirements on sources beyond those imposed by state law. 
As discussed in our proposed rule, Montana has demonstrated that the 
Whitefish area is attaining the 1987 PM10 NAAQS and the 
Whitefish Maintenance Plan provides for the maintenance of the NAAQS 
for 10 years beyond redesignation. For these reasons, this action will 
not result in disproportionately high and adverse human health or 
environmental effects on communities with environmental justice 
concerns.
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    \1\ See `Whitefish NAA EJSCREEN' document available in docket.
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III. Final Action

    For the reasons explained in our proposed action, we are approving 
the LMP for the Whitefish NAA and the State's request to redesignate 
the Whitefish NAA from nonattainment to attainment for the 1987 24-hour 
PM10 NAAQS. Additionally, the EPA is determining that the 
Whitefish NAA has attained the NAAQS for PM10. This 
determination is based upon monitored air quality data for the 
PM10 NAAQS during the years 2015 through 2020. The EPA is 
approving that the Whitefish LMP as meeting the appropriate 
transportation conformity requirements found in 40 CFR part 93, subpart 
A.

IV. 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, the 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, 
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

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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 8, 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

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: May 24, 2022.
K.C. Becker,
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 ``Whitefish 1987 PM10 Limited Maintenance Plan'' 
under the heading entitled ``(3) Flathead County'' at the end of the 
section 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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                                               (3) Flathead County
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                                                  * * * * * * *
Whitefish 1987 PM10 Limited   ..............        6/8/2022  [insert Federal Register citation].
 Maintenance Plan.
 
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0
3. In Sec.  52.1374, add paragraph (g) to read as follows:


Sec.  52.1374  Control strategy: Particulate matter.

* * * * *
    (g) On August 6, 2021, the State of Montana submitted limited 
maintenance plans for the Whitefish 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, in the table entitled ``Montana--PM-10'' under the 
entry ``Flathead County:'' revise the fourth entry to read as follows:


Sec.  81.327  Montana.

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                                                 Montana--PM-10
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                                                      Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                           Date                  Type                  Date            Type
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Flathead County:
 
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    The City of Whitefish and               7/8/2022  Attainment................
     surrounding vicinity bounded by
     lines from Universal
     Transmercator (UTM) coordinates
     695000 mE, 5370000 mN, east to
     699000 mE, 5370000 mN, south to
     699000 mE, 5361000 mN, west to
     695000 mN, 5361000 mN, and
     north to 695000 mE, 5370000 mN.
 
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[FR Doc. 2022-11580 Filed 6-7-22; 8:45 am]
BILLING CODE 6560-50-P


