Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16571 

Article XX or XXI citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

2101.20 .......................... Definitions .................... 4/3/2012 3/30/2015 [Insert Federal Register citation].Revise the latest entry dated 11/26/14, 79 FR 

70471 by revising the existing definition of 

‘‘Major Source’’ and ‘‘Major Modification’’. 

* * * * * * * 

Part B—Permits Generally 

*******

2102.04 .......................... Permits Generally ........ 4/3/2012 3/30/2015 [Insert Federal Register citation].

* * * * * * 

2102.06 .......................... Major Sources Locating 

in or Impacting a 

Nonattainment Area.

4/3/2012 3/30/2015 [Insert Federal Register citation].As per request by PADEP in a letter to EPA 

dated June 27, 2014, the following language 

appearing at paragraph b.1; subparagraph 

b.3.A; and Subsections e and g, is excluded 

from the SIP: ‘‘Additions, revisions, or deletions to such regulations by the Commonwealth are incorporated in this Subsection 

and are effective on the date established by 

the state regulation, unless otherwise established by regulation under this Article.’’ 

As per letter from PADEP dated 2/20/2013, the 

June 25, 2012 SIP submission inadvertently 

deleted language from the end of subsection 

(f) of the regulation submitted with SIP submittal. The SIP revision incorporating Article 

XXI § 2102.06(f) should read as follows ‘‘f. 

Requirements for Modeling. Where air quality 

models are used to meet the provisions of 

this section, modeling shall be based on the 

applicable models and other requirements 

specified in 40 CFR Part 51 Appendix W 

(Guideline on Air Quality Models). Where an 

air quality model is inappropriate, the model 

may be modified or another model may be 

substituted only on a case-by-case basis at 

the Department’s discretion upon written approval by the administrator of EPA. In addition, use of a modified or substituted model 

must be subject to notice and opportunity for 

public comment under procedures set forth in 

40 CFR 51.102.’’ 

* * * * * * * 

2102.08 .......................... Emission Offset Registration.4/3/2012 3/30/2015 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2015–07106 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0352; FRL–9925–51– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Montana Second 10-Year Carbon 

Monoxide Maintenance Plan for 

Billings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Montana. On 

July 13, 2011, the Governor of 

Montana’s designee submitted to EPA a 

second 10-year maintenance plan for the 

Billings area for the carbon monoxide 

(CO) National Ambient Air Quality 

Standard (NAAQS). This maintenance 

plan addresses maintenance of the CO 

NAAQS for a second 10-year period 

beyond the original redesignation. EPA 


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16572 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

1 In this case, the initial maintenance period 

extended through 2012. Thus, the second 10-year 

period extends through 2022. 

2 In addition to Billings and Great Falls, the 

Missoula, MT CO maintenance area was included 

in the July 13, 2011 Alternative Monitoring 

Strategy. 

is also approving an alternative 

monitoring strategy for the Billings CO 

maintenance area, which was submitted 

by the Governor’s designee on June 22, 

2012. 

DATES: This final rule is effective April 

29, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R08–OAR– 

2012–0352. All documents in the docket 

are listed in the www.regulations.gov 

index. 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop St., 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, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, EPA, Region 8, Mailcode 

8P–AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–7104, 

clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA mean 

or refer to the Clean Air Act, unless the 

context indicates otherwise. 

(ii) The initials CO mean or refer to carbon 

monoxide. 

(iii) The words EPA, we, us or our mean 

or refer to the United States Environmental 

Protection Agency. 

(iv) The initials NAAQS mean or refer to 

the National Ambient Air Quality Standards. 

(v) The initials SIP mean or refer to State 

Implementation Plan. 

(vi) The words Montana and State mean or 

refer to the State of Montana. 

I. Background 

Eight years after an area is 

redesignated to attainment, Clean Air 

Act (CAA) section 175A(b) requires the 

state to submit a subsequent 

maintenance plan to EPA, covering a 

second 10-year period.1 This 

maintenance plan must demonstrate 

continued compliance with the NAAQS 

during this second 10-year period. On 

July 13, 2011, the Governor of 

Montana’s designee submitted to EPA a 

second 10-year maintenance plan for the 

Billings area for the CO NAAQS. 

Along with the revised Billings 

Maintenance Plan, the State submitted a 

CO maintenance plan for the Great 

Falls, Montana maintenance area, and 

an alternative strategy for monitoring 

continued attainment of the CO NAAQS 

in all of the State’s CO maintenance 

areas on July 13, 2011.2 The State 

submitted the alternative monitoring 

strategy in order to conserve resources 

by discontinuing the gaseous CO 

ambient monitors in both the Billings 

and Great Falls CO maintenance areas. 

We commented on the State’s 

‘‘Alternative Monitoring Strategy,’’ and 

the State submitted a revised version of 

the strategy, which incorporated our 

comments on June 22, 2012. 

In a document published on 

December 2, 2014, we proposed 

approval of the Billings second 10-year 

maintenance plan and the associated 

‘‘Alternative Monitoring Strategy.’’ (79 

FR 71369) 

II. Response to Comments 

The comment period for our 

December 2, 2014 proposed rule was 

open for 30 days. We did not receive 

any comments on the proposed action. 

III. Final Action 

EPA is approving the revised Billings 

Maintenance Plan submitted on July 13, 

2011. This maintenance plan meets the 

applicable CAA requirements and EPA 

has determined it is sufficient to 

provide for maintenance of the CO 

NAAQS over the course of the second 

10-year maintenance period out to 2022. 

EPA is also approving the State’s 

Alternative Monitoring Strategy, 

submitted on June 22, 2012, for the 

Billings CO maintenance area. We are 

not approving application of the 

Alternative Monitoring Strategy in other 

areas of Montana with this action, as the 

Alternative Monitoring Strategy must be 

considered on a case-by-case basis 

specific to the circumstances of each 

particular CO maintenance area rather 

than broadly. 

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 


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Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16573 

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 May 29, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

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

Dated: March 17, 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. 

Subpart BB—Montana 

■ 2. Section 52.1373 is amended by 

revising paragraph (b) to read as follows: 

§ 52.1373 Control strategy: Carbon 

monoxide. 

* * * * * 

(b) Revisions to the Montana State 

Implementation Plan, revised Carbon 

Monoxide Maintenance Plan for 

Billings, as submitted by the Governor’s 

Designee on July 13, 2011, and the 

associated Alternative Monitoring 

Strategy for Billings, as submitted by the 

Governor’s Designee on June 22, 2012. 

* * * * * 

[FR Doc. 2015–07227 Filed 3–27–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0033; FRL–9925–19– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; Public 

Participation for Air Quality Permit 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve two provisions 

submitted by the State of Texas as 

revisions to the Texas State 

Implementation Plan (SIP) on July 2, 

2010, specific to the applicability of the 

public notice requirements to 

applications for Plant-Wide 

Applicability (PAL) permits and 

standard permits for concrete batch 

plants without enhanced controls. 

Today’s direct final action will complete 

the rulemaking process started in our 

December 13, 2012, proposal and 

approve the public notice provisions 

into the Texas SIP. The EPA is also 

taking direct final action to convert the 

public notice applicability provisions 

for Texas Flexible Permits from a final 

conditional approval to a full approval. 

The EPA is taking this action under 

section 110 and parts C and D of the 

Clean Air Act (CAA or the Act). 

DATES: This rule is effective on May 29, 

2015 without further notice, unless the 

EPA receives relevant adverse 

comments by April 29, 2015. If the EPA 

receives such comments, the EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2015–0033, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions. 

• Email: Adina Wiley at wiley.adin& 

• Mail or delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2015– 

0033. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Do not submit 

information through http://

www.regulations.gov or email, if you 

believe that it is CBI or otherwise 

protected from disclosure. The http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means that the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment along with 

any disk or CD–ROM submitted. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters and any form of 

encryption and should be free of any 

defects or viruses. For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Adina Wiley, 214–665–2115, 


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