Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 40911 

1Even though the requirements are suspended, 

EPA is not precluded from acting upon these 

elements at any time if submitted to EPA for review 

and approval. On March 17, 2011 (76 FR 14584), 

EPA took final action to approve the submitted SIP 

revision for the Libby PM2.5 nonattainment area, 

which included an attainment demonstration, 

RACM, RFP, and contingency measures. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2014–0254; FRL–9930–47– 

Region 8] 

Determinations of Attainment of the 

1997 Annual Fine Particulate Matter 

Standard for the Libby, Montana 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing two separate 

and independent determinations 

regarding the Libby, Montana 

nonattainment area for the 1997 annual 

fine particulate matter (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). First, EPA is determining that 

the Libby nonattainment area attained 

the 1997 annual PM2.5 NAAQS by the 

applicable attainment date, April 2010. 

This determination is based on qualityassured and certified ambient air quality 

data for the 2007–2009 monitoring 

period. Second, EPA is finalizing that 

the Libby nonattainment area has 

continued to attain the 1997 annual 

PM2.5 NAAQS, based on quality-assured 

and certified ambient air quality data for 

the 2012–2014 monitoring period. Based 

on the second determination, EPA will 

suspend certain nonattainment area 

planning obligations. These 

determinations do not constitute a 

redesignation to attainment. The Libby 

nonattainment area will remain 

designated nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the Libby 

nonattainment area meets the Clean Air 

Act (CAA) requirements for 

redesignation to attainment, which 

include an approved maintenance plan. 

These proposed actions are being taken 

under the CAA. 

DATES: This final rule is effective on 

August 13, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2014–0254. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Crystal Ostigaard, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6602, 

ostigaard.crystal@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Libby nonattainment area is 

comprised of the City of Libby within 

Lincoln County. See 40 CFR 81.327. On 

April 14, 2015 (71 FR 19935), EPA 

published a proposed rulemaking for 

the Libby nonattainment area. In the 

April 14, 2015 rulemaking action, EPA 

proposed to make a determination that 

the Libby nonattainment area attained 

the 1997 annual PM2.5 NAAQS by the 

area’s attainment date, April 2010. EPA 

also proposed to make a determination 

that the Libby nonattainment area 

continues to attain the 1997 annual 

PM2.5 NAAQS. No comments were 

received on the April 14, 2015 proposed 

rule. 

II. Summary of Rulemaking Actions 

These actions do not constitute a 

redesignation of the Libby 

nonattainment area to attainment for the 

1997 annual PM2.5 NAAQS under CAA 

section 107(d)(3). Neither determination 

of attainment involves approving a 

maintenance plan for the Libby 

nonattainment area, nor determines that 

the Libby nonattainment area has met 

all the requirements for redesignation 

under the CAA, including that the 

attainment be due to permanent and 

enforceable measures. Therefore, the 

designation status of the Libby 

nonattainment area will remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

takes a final rulemaking action to 

determine that the Libby nonattainment 

area meets the CAA requirements for 

redesignation to attainment. 

A. Determination of Attainment by the 

Attainment Date 

Pursuant to section 188(b)(2) of the 

CAA, EPA is making a determination 

that the Libby nonattainment area has 

attained the 1997 annual PM2.5 NAAQS 

by the area’s attainment date, April 

2010. This determination is based upon 

quality-assured and certified ambient air 

monitoring data for the 2007–2009 

monitoring period that shows the area 

has monitored attainment to the 1997 

PM2.5 annual NAAQS attainment date. 

The effect of this final determination of 

attainment to the 1997 PM2.5 annual 

NAAQS attainment date is to discharge 

EPA’s obligation under CAA section 

181(b)(2) to determine, based on the 

Libby nonattainment area’s air quality 

whether the area attained the standard. 

B. ‘‘Clean Data’’ Determination of 

Attainment 

EPA is also making a determination 

that the Libby nonattainment area 

continues to attain the 1997 annual 

PM2.5 NAAQS. This ‘‘clean data’’ 

determination is based upon quality 

assured and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS for the 2012–2014 

monitoring period. As a result of this 

determination, the requirement for the 

Libby nonattainment area to submit an 

attainment demonstration, reasonably 

available control measures (RACM), 

reasonable further progress (RFP), and 

contingency measures related to 

attainment of the 1997 annual PM2.5

NAAQS shall be suspended for so long 

as the area continues to attain the 

NAAQS.1

C. EPA’s Analysis of the Relevant Air 

Quality Data 

Consistent with the requirements 

contained in 40 CFR part 50, EPA has 

reviewed the annual PM2.5 ambient air 

quality monitoring data for the 2007– 

2009 and 2012–2014 monitoring periods 

for the Libby nonattainment area, as 

recorded in EPA’s Air Quality System 

(AQS) database. On the basis of that 

review, EPA has concluded that the 

Libby nonattainment area attained the 

1997 annual PM2.5 NAAQS, based on 

data for the 2007–2009 monitoring 

period. EPA has also concluded that the 

Libby nonattainment area continues to 

attain, based on data for the 2012–2014 

monitoring period. 

III. Final Action 

EPA is making two separate and 

independent determinations regarding 

the Libby nonattainment area. First, 


asabaliauskas on DSK5VPTVN1PROD with RULES
40912 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Rules and Regulations 

pursuant to section 188(b)(2) of the 

CAA, EPA is making a determination 

that the Libby nonattainment area has 

attained the 1997 annual PM2.5 NAAQS 

attainment date of April 2010. Second, 

EPA is making a determination that the 

Libby nonattainment area is attaining 

the 1997 annual PM2.5 NAAQS, based 

on quality assured and certified ambient 

air monitoring data for the 2012–2014 

monitoring period. This final 

determination suspends the 

requirements for the Libby 

nonattainment area to submit an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 1997 annual PM2.5

NAAQS for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. These determinations do 

not constitute a redesignation to 

attainment. The Libby nonattainment 

area will remain designated 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Libby 

nonattainment area meets the CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

IV. Statutory and Executive Orders 

Review 

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, 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, as 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 Clean Air Act; 

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 September 14, 

2015. 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: June 25, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1374 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1374 Control strategy: Particulate 

matter. 

* * * * * 

(c) Determination of Attainment. EPA 

has determined, July 14, 2015, based on 

quality-assured air monitoring data for 

2007–2009 and 2012–2014 ambient air 

quality data, that the Libby, MT fine 

particulate matter (PM2.5) nonattainment 

area attained the 1997 annual PM2.5

national ambient air quality standards 

(NAAQS). Therefore, EPA has met the 

requirement of CAA section 188(b)(2) to 

determine, based on the area’s air 

quality as of the attainment date or as 

expeditiously as practicable, whether 

the area attained the 1997 annual PM2.5

NAAQS. Additionally, this 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. If EPA determines, after noticeand-comment rulemaking, that this area 

no longer meets the 1997 annual PM2.5

NAAQS, the corresponding 

determination of attainment for that area 

shall be withdrawn. 

[FR Doc. 2015–17054 Filed 7–13–15; 8:45 am] 

BILLING CODE 6560–50–P 


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