Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Proposed Rules 12905 

the language from the Reference Method 

22 requirements in Section 3. EPA has 

determined that the addition of Method 

22 and these definitions is consistent 

with federal regulations. Without these 

requirements, it would be difficult to 

determine compliance with 401 KAR 

63:010 because the previous version of 

the rule did not offer a standard method 

for determining visible emissions. 

EPA has reviewed all changes in the 

October 15, 2020, SIP revision regarding 

401 KAR 63:010 and has preliminarily 

determined that the changes are 

consistent with Federal regulations and 

do not interfere with attainment and 

maintenance of the NAAQS or any other 

applicable requirement of the Act. The 

changes strengthen the existing fugitive 

emission control standards in the 

Kentucky SIP. For these reasons, EPA is 

proposing to approve the changes to this 

rule into the SIP. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Kentucky’s Regulation 401 KAR 

63:010—Fugitive Emissions, state 

effective on June 30, 2020, which 

updates the Commonwealth’s fugitive 

emission provisions, with the exception 

of the nuisance provisions added to 

paragraph 3(4) for the reasons described 

in Section II. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the 

revision to Regulation 401 KAR 

63:010—Fugitive Emissions, which 

updates the Commonwealth’s fugitive 

emissions rule. EPA is proposing to 

approve these changes because they are 

consistent with the CAA. 

V. 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. 

See 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. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: February 17, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

[FR Doc. 2022–04111 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2021–0809; FRL–9579–01– 

R8] 

Air Plan Approval; Montana; 

Thompson Falls PM10 Nonattainment 

Area Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to fully 

approve the Limited Maintenance Plan 

(LMP) submitted by the State of 

Montana to EPA on November 4, 2021, 

for the Thompson Falls 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 is proposing to determine that the 

Thompson Falls NAA has attained the 

1987 24-hour PM10 NAAQS of 150 mg/ 

m3. This determination is based upon 

monitored air quality data for the PM10

NAAQS during the years 2015–2020. 

EPA is taking this action pursuant to the 

Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0809 to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 


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1 see also 57 FR 18070 (April 28, 1992) and 66 

FR 55102 (November 1, 2001). 

2The ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment’’ (Calcagni memo) 

outlines the criteria for redesignation (see docket for 

memo). 

3The ‘‘Limited Maintenance Plan Option for 

Moderate PM10 Nonattainment Areas’’ outlines the 

criteria for development of a PM10 limited 

maintenance plan (see docket for memo). 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: 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 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 

plan to offer hard copy review of the 

docket. Please email or call the person 

listed in the FOR FURTHER INFORMATION

CONTACT section if you need to make 

alternative arrangements for access to 

the docket. 

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: 

gregory.kate@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

Description of the Thompson Falls NAA 

The Thompson Falls NAA is in 

Sanders County and is on the north side 

of the Clark Fork River Valley in 

northwestern Montana. The Clark Fork 

River has been dammed at the center of 

the small town of Thompson Falls to 

form the Thompson Falls Reservoir and 

the configuration of the nearby 

mountains and valley create 

temperature inversions in the fall and 

winter months. The EPA promulgated 

the PM10 NAAQS on July 1, 1987 (52 FR 

24634). The Thompson Falls NAA was 

originally designated as a Group III area 

on July 1, 1987 (52 FR 24634), meaning, 

at that time, there was a strong 

likelihood the Thompson Falls NAA 

would attain the PM10 NAAQS and, 

therefore, needed only adjustments to 

their preconstruction permit review 

program and monitoring network. 

However, multiple exceedances of the 

1987 24-hour PM10 NAAQS resulted in 

nonattainment and subsequently the 

Thompson Falls NAA was classified as 

Moderate for the 1987 24-hour PM10

NAAQS, effective January 20, 1994 (58 

FR 67334). Within 18 months of this 

Moderate designation, by May 18, 1995, 

Montana was required to submit to EPA 

a Moderate NAA State Implementation 

Plan (SIP) for the Thompson Falls NAA 

containing, among other requirements, 

provisions to assure that reasonably 

available control measures (RACM), 

including reasonably available control 

technologies (RACT) and demonstrated 

whether it was practicable to attain the 

PM10 NAAQS by December 31, 2000 (57 

FR 13498 (April 16, 1992).1

The State of Montana submitted an 

initial PM10 SIP to EPA on June 26, 

1997, and a subsequent submission on 

June 13, 2000. EPA approved both the 

June 26, 1997 and the June 13, 2000 

p.m.10 SIP submissions for the 

Thompson Falls initial control plan on 

April 24, 2008 (73 FR 22057). The State 

of Montana’s SIP for the Thompson 

Falls Moderate NAA included, but was 

not limited to, a comprehensive 

emissions inventory, RACM 

(implemented by November 18, 1997), a 

demonstration that attainment of the 

PM10 NAAQS would be achieved in 

Thompson Falls by December 31, 2000; 

Reasonable Further Progress (RFP) 

requirements and control measures that 

satisfy the contingency measures 

requirement of section 172(c)(9) of the 

CAA. The EPA fully approved the 

Thompson Falls NAA PM10 attainment 

plan on January 22, 2004 (69 FR 3011). 

II. Requirements for Redesignation 

A. CAA Requirements for Redesignation 

of NAAs 

NAAs can be redesignated to 

attainment after the area has measured 

air quality data showing it has attained 

the NAAQS and when certain planning 

requirements are met. Section 

107(d)(3)(E) of the CAA, and the General 

Preamble to Title I provide the criteria 

for redesignation. See 57 FR 13498 

(April 16, 1992). These criteria are 

further clarified in a policy and 

guidance memorandum from John 

Calcagni, Director, Air Quality 

Management Division, EPA Office of Air 

Quality Planning and Standards dated 

September 4, 1992, ‘‘Procedures for 

Processing Requests to Redesignate 

Areas to Attainment.’’ 2 The criteria for 

redesignation are: 

(1) The Administrator has determined 

that the area has attained the applicable 

NAAQS; 

(2) The Administrator has fully 

approved the applicable SIP for the area 

under section 110(k) of the CAA; 

(3) The state containing the area has 

met all requirements applicable to the 

area under section 110 and part D of the 

CAA; 

(4) The Administrator has determined 

that the improvement in air quality is 

due to permanent and enforceable 

reductions in emissions; and 

(5) The Administrator has fully 

approved a maintenance plan for the 

area as meeting the requirements of 

section 175A of the CAA. 

B. The LMP Option for PM10 NAAs 

On August 9, 2001, the EPA issued 

guidance on streamlined maintenance 

plan provisions for certain moderate 

PM10 NAAs seeking redesignation to 

attainment (Memo from Lydia Wegman, 

Director, Air Quality Standards and 

Strategies Division, entitled ‘‘Limited 

Maintenance Plan Option for Moderate 

PM10 Nonattainment Areas,’’ (hereafter 

the LMP Option memo)).3 The LMP 

Option memo contains a statistical 

demonstration to show that areas 

meeting certain air quality criteria will, 

with a high degree of probability, 

maintain the standard 10 years into the 

future. Thus, the EPA has already 

provided the maintenance 

demonstration for areas meeting the 

criteria outlined in the LMP Option 

memo. It follows that future year 

emission inventories for these areas, and 

some of the standard analyses to 

determine transportation conformity 

with the SIP are no longer necessary. 

To qualify for the LMP Option, the 

area should have attained the 1987 24- 

hour PM10 NAAQS, based upon the 

most recent 5 years of air quality data 

at all monitors in the area, and the 24- 

hour design concentration should be at 

or below the ‘‘Critical Design Value’’ 

(CDV). The CDV is a calculated design 

concentration that indicates that the 

area has a low probability (1 in 10) of 

exceeding the NAAQS in the future. For 

the purposes of qualifying for the LMP 

option, a presumptive CDV of 98 mg/m3

is most often employed, but an area may 

elect to use a site-specific CDV should 

the average design concentration (ADC) 

be above 98 mg/m3, while demonstrating 

that the area has a low probability of 

exceeding the NAAQS in the future. The 

annual PM10 standard was effectively 


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4The design concentrations are calculated using 

three years of data and the ‘‘Table Look-up’’ method 

described in the ‘‘PM10 SIP Development 

Guideline’’, EPA–450/2–86–001, June 1987. 

5Exceedances in 2017 and 2020 have been 

flagged and concurred on as exceptional events. 

Additional information on 2017 data can be found 

in Appendix A, p. a–1, of the submission by the 

state in the docket of this action and additional 

information on 2020 data can be found in the 

docket for this action, document titled: Montana 

2020 p.m.10 Letter. 

6Please see section III(F) of this action for further 

discussion and description of exceptional events in 

Continued 

revoked on December 18, 2006 (71 FR 

61143), and as such will not be 

discussed as a requirement for 

qualifying for the LMP option. In 

addition, the area should expect only 

limited growth in on-road motor vehicle 

PM10 emissions (including fugitive dust) 

and should have passed a motor vehicle 

regional emissions analysis test. The 

LMP Option memo also identifies core 

provisions that must be included in the 

LMP. These provisions include an 

attainment year emissions inventory, 

assurance of continued operation of an 

EPA-approved air quality monitoring 

network, and contingency provisions. 

III. Review of Montana’s Submittal 

Addressing the Requirements for 

Redesignation and Limited 

Maintenance Plan 

A. Has the Thompson Falls NAA 

attained the applicable NAAQS? 

States must demonstrate that an area 

has attained the 24-hour PM10 NAAQS 

through analysis of ambient air quality 

data from an ambient air monitoring 

network representing peak PM10

concentrations. The data should be 

stored in the EPA Air Quality System 

(AQS) database. The request for 

redesignation of the Thompson Falls 

PM10 NAA submitted by the State of 

Montana presented data and analyses to 

demonstrate that the area attained the 

PM10 standard using 2015–2019 data. 

During the review process the EPA 

identified a single 2017 24-hour PM10

data point that was inadvertently 

omitted from the submission, and 

therefore this datapoint was included in 

the tables and calculations contained in 

this action. In addition to reviewing the 

2015–2019 data the EPA included 2020 

p.m.10 data in this action (as it is 

currently the most recent year of 

certified data present in AQS) to 

confirm that the area is still attaining 

the 24-hour PM10 NAAQS. Additionally, 

preliminary 2021 data indicates the area 

continues to attain. 

Today, EPA is proposing to determine 

that the Thompson Falls NAA has 

attained the 24-hour PM10 NAAQS 

based on monitoring data from calendar 

years 2015–2020. The 24-hour standard 

is attained when the expected number 

of days with 24-hour average 

concentrations above 150 mg/m3

(averaged over a 3-year period) is less 

than or equal to one. See 40 CFR 50.6(a). 

A minimum of three complete and 

consecutive years of air quality data are 

generally necessary to show attainment 

of the standard. See 40 CFR part 50, 

appendix K. A complete year of air 

quality data, as referred to in 40 CFR 

part 50, appendix K, is comprised of all 

four calendar quarters with each quarter 

containing data from at least 75% of the 

scheduled sampling days. 

The Thompson Falls NAA has one 

State and Local Air Monitoring Station 

(SLAMS) PM10 monitor, Thompson 

Falls High School (AQS ID 30–089– 

0007), operated by the Montana 

Department of Environmental Quality 

(MDEQ). Table 1 summarizes the PM10

data collected from 2015–2020 for the 

Thompson Falls NAA. The EPA deems 

the data collected from these monitors 

valid, and the data have been submitted 

and certified by the MDEQ to be 

included in AQS. All years are complete 

except for 2016 which has one 

incomplete quarter of data. Therefore, 

the State performed data substitution for 

the missing 2016 data. Methods and 

results for the missing 2016 data 

substitution can be found in Appendix 

E of the State submission in the docket 

of this action. 

TABLE 1—SUMMARY OF MAXIMUM 24-HOUR PM10 CONCENTRATIONS (μg/m3), DESIGN CONCENTRATIONS (μg/m3), AND

NUMBER OF EXCEEDANCES FOR THOMPSON FALLS 2015–2020 

[Based on data from Thompson Falls High School, AQS Identification Number (30–089–0007)] 

Year Maximum concentration Design concentration 4

Number of exceedances 

excluding regionally 

concurred exceptional 

events 5

2015 ............................................................................................. 143 135 0 

2016 ............................................................................................. 135 135 0 

2017 ............................................................................................. 210 135 1 

2018 ............................................................................................. 72 135 0 

2019 ............................................................................................. 43 72 0 

2020 ............................................................................................. 148 99 0 

The CAA allows for the exclusion of 

air quality monitoring data from design 

value calculations when there are 

exceedances caused by exceptional 

events, including for expected number 

exceedances for PM10 averaged over a 3- 

year period, that meet the criteria for an 

exceptional event identified in the 

EPA’s implementing regulations, the 

Exceptional Events Rule at 40 CFR 50.1, 

50.14, and 51.930. For the purposes of 

this proposed action, on November 23, 

2021, the State of Montana submitted 

exceptional event demonstrations to 

request exclusion of data impacted by 

wildfires. The EPA evaluated the State 

of Montana’s exceptional event 

demonstrations for the flagged values of 

the 24-hour PM10 listed in Table 3 

below in the Thompson Falls Moderate 

NAA, with respect to the requirements 

of EPA’s Exceptional Events Rule (40 

CFR 50.1, 50.14, and 50.930). 

On January 25, 2022, EPA concurred 

with the State of Montana’s requests to 

exclude event-influenced data listed in 

Table 3, finding that the State of 

Montana’s demonstration met the 

Exceptional Event Rule criteria. As 

such, the event-influenced data have 

been removed from the data set used for 

regulatory purposes. For this proposed 

action, EPA relies on the PM10

concentrations reported at the 

Thompson Falls monitoring site which 

showed only one exceedance from 

2015–2020 when exceptional events are 

excluded. Therefore, the expected 

number of days with 24-hour average 

concentrations above 150 mg/m3

averaged over a 3-year period is less 

than one, and as such, the EPA proposes 

to determine that the Thompson Falls 

NAA has attained the standard for the 

24-hour PM10 NAAQS.6


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the Thompson Falls NAA during the 2015–2020 

time period. 

7The emissions inventory included in the 

Thompson Falls MT submission is the 2017 

National Emissions Inventory (NEI). The NEI is a 

composite of data from many different sources, with 

PM data coming primarily from EPA models as well 

as from state, tribal, and local air quality 

management agencies. Different data sources use 

different data collection methods, and many of the 

emissions data are based on estimates rather than 

actual measurements. The EPA considers the 2017 

NEI representative of the period from 2015—2019 

because MT provided comparable vehicle miles 

traveled (VMT) data in their submission. See 

Thompson Falls, MT Submission, Appendix C, 

Montana Department of Transportation Future VMT 

Projections, p.C–1 in docket. 

Additionally, the EPA concurred on 

the State of Montana’s request to 

exclude PM10 data listed in Table 3 in 

regulatory decisions. For further 

information, refer to the State of 

Montana’s Exceptional Event 

demonstration packages and the EPA’s 

concurrence and analyses located in the 

docket for this proposed action. 

B. Does the Thompson Falls NAA have 

a fully approved SIP under CAA section 

110(k)? 

To qualify for redesignation, the SIP 

for the area must be fully approved 

under CAA section 110(k) and must 

satisfy all requirements that apply to the 

area. Section 189 of the CAA contains 

requirements and milestones for all 

initial Moderate NAA SIPs including: 

(1) Provisions to assure that RACM 

(including such reductions in emissions 

from existing sources in the area as may 

be obtained through the adoption, at a 

minimum, of RACT shall be 

implemented no later than December 

10, 1993; (2) A demonstration 

(including air quality modeling) that the 

plan will provide for attainment as 

expeditiously as practicable by no later 

than December 31, 1994, or, where the 

state is seeking an extension of the 

attainment date under section 188(e), a 

demonstration that attainment by 

December 31, 1994, is impracticable and 

that the plan provides for attainment by 

the most expeditious alternative date 

practicable (CAA sections 189(a)(1)(A)); 

(3) Quantitative milestones which are to 

be achieved every 3 years and which 

demonstrate RFP toward attainment by 

December 31, 1994, (CAA sections 

172(c)(2) and 189(c)); and (4) 

Contingency measures to be 

implemented if the area fails to make 

RFP or attain by its attainment deadline. 

These contingency measures are to take 

effect without further action by the state 

or the EPA. (CAA section 172(c)(9)). 

The EPA fully approved the 

Thompson Falls NAA PM10 attainment 

plan on January 22, 2004 (69 FR 3011). 

The Thompson Falls plan included 

RACM, an attainment demonstration, 

emissions inventory, quantitative 

milestones, and control and contingency 

measure requirements. As such, the area 

has a fully approved NAA SIP under 

section 110(k) of the CAA. 

C. Has the state met all applicable 

requirements under section 110 and 

Part D of the CAA? 

Section 107(d)(3)(E) of the CAA 

requires that a state containing a NAA 

must meet all applicable requirements 

under section 110 and Part D of the 

CAA for an area to be redesignated to 

attainment. The EPA interprets this to 

mean that the state must meet all 

requirements that applied to the area 

prior to, and at the time of, the 

submission of a complete redesignation 

request. The following is a summary of 

how Montana meets these requirements. 

1. CAA Section 110 Requirements 

Section 110(a)(2) of the CAA contains 

general requirements for SIPs. These 

requirements include, but are not 

limited to, submittal of a SIP that has 

been adopted by the state after 

reasonable notice and public hearing, 

provisions for establishment and 

operation of appropriate apparatus, 

methods, systems and procedures 

necessary to monitor ambient air 

quality, implementation of a permit 

program, provisions for Part C— 

Prevention of Significant Deterioration 

(PSD) and Part D—New Source Review 

(NSR) permit programs, criteria for 

stationary source emission control 

measures, monitoring and reporting, 

provisions for modeling and provisions 

for public and local agency 

participation. See the General Preamble 

for further explanation of these 

requirements. See 57 FR 13498 (April 

16, 1992). 

For purposes of redesignation, the 

EPA’s review of the Montana SIP shows 

that the State has satisfied all 

requirements under section 110(a)(2) of 

the CAA. Further, in 40 CFR 52.1372, 

the EPA has approved Montana’s plan 

for the attainment and maintenance of 

the national standards under section 

110. 

2. Part D Requirements 

Part D contains general requirements 

applicable to all areas designated 

nonattainment. The general 

requirements are followed by a series of 

subparts specific to each pollutant. All 

PM10 NAAs must meet the general 

provisions of Subpart 1 and the specific 

PM10 provisions in Subpart 4, 

‘‘Additional Provisions for Particulate 

Matter Nonattainment Areas.’’ The 

following paragraphs discuss these 

requirements as they apply to the 

Thompson Falls NAA. 

3. Subpart 1, Section 172(c) 

Subpart 1, section 172(c) contains 

general requirements for NAA plans. A 

thorough discussion of these 

requirements may be found in the 

General Preamble. See 57 FR 13538 

(April 16, 1992). CAA section 172(c)(2) 

requires nonattainment plans to provide 

for RFP. Section 171(1) of the CAA 

defines RFP as ‘‘such annual 

incremental reductions in emissions of 

the relevant air pollutant as are required 

by this part (part D of title I) or may 

reasonably be required by the 

Administrator for the purpose of 

ensuring attainment of the applicable 

national ambient air quality standard by 

the applicable date.’’ Since EPA is 

proposing to determine that the 

Thompson Falls NAA is in attainment 

of the PM10 NAAQS, we believe that no 

further showing of RFP or quantitative 

milestones is necessary. 

4. Section 172(c)(3)—Emissions 

Inventory Section 

Section 172(c)(3) of the CAA requires 

a comprehensive, accurate, current 

inventory of actual emissions from all 

sources in the Thompson Falls PM10

NAA. Montana included an emissions 

inventory for the calendar year 2017 

with the November 4, 2021submittal of 

the LMP for the NAA. The LMP Option 

memo states that an attainment 

inventory should represent emissions 

during the same 5-year period 

associated with the air quality data used 

to determine that the area meets the 

applicability requirements of the LMP 

option. The Thompson Falls LMP 

includes an emission inventory from 

2017, representative of the 2015–2019 5- 

year period which served as the 5-year 

period relied upon in the LMPs as 

meeting the air quality data 

requirements of the LMP option memo.7

5. Section 172(c)(5)—NSR 

The 1990 CAA Amendments 

contained revisions to the NSR program 

requirements for the construction and 

operation of new and modified major 

stationary sources located in NAAs. The 

CAA requires states to amend their SIPs 

to reflect these revisions but does not 

require submittal of this element along 

with the other SIP elements. The CAA 

established June 30, 1992, as the 

submittal date for the revised NSR 

programs (section 189 of the CAA). 

Montana has a fully approved 

nonattainment NSR program, approved 

on August 30, 1995 (60 FR 45051). 

Montana also has a fully approved PSD 


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8See Thompson Falls, MT submission in docket, 

Table 2.4—Thompson Falls, MT—PM10 Emission 

Summary, p. 2–5. 

9Update on Application of the Exceptional 

Events Rule to the PM10 Limited Maintenance Plan 

Option, US EPA, William T. Harnett, Director, Air 

Quality Policy Division, OAQPS, May 7, 2009. 

program, approved on August 30, 1995 

(60 FR 45051). Upon the effective date 

of redesignation of an area from 

nonattainment to attainment, the 

requirements of the Part D NSR program 

will be replaced by the PSD program 

and the maintenance area NSR program. 

6. Section 172(c)(7)—Compliance With 

CAA Section 110(a)(2): Air Quality 

Monitoring Requirements 

Once an area is redesignated, the state 

must continue to operate an appropriate 

air monitoring network in accordance 

with 40 CFR part 58 to verify attainment 

status of the area. The State of Montana 

operates one PM10 SLAMS in each of 

the NAAs. The Thompson Falls 

monitoring site meets EPA SLAMS 

network design and siting requirements 

set forth at 40 CFR part 58, appendices 

D and E. In section 3.5 of the LMP that 

we are proposing to approve, the State 

commits to continued operation of the 

monitoring network. 

7. Section 172(c)(9)—Contingency 

Measures 

The CAA requires that contingency 

measures take effect if the area fails to 

meet RFP requirements or fails to attain 

the NAAQS by the applicable 

attainment date. Since the Thompson 

Falls NAA has attained the 1987 24- 

hour PM10 NAAQS, contingency 

measures are no longer required under 

section 172(c)(9) of the CAA. However, 

contingency provisions are required for 

maintenance plans under section 

175(a)(d). We describe the contingency 

provisions Montana provided in the 

LMP section below. 

8. Part D, Subpart 4 

Part D, subpart 4, section 189(a), (c) 

and (e) requirements apply to any 

Moderate NAA before the area can be 

redesignated to attainment. The 

requirements which were applicable 

prior to the submission of the request to 

redesignate the area must be fully 

approved into the SIP before 

redesignating the area to attainment. 

These requirements include: (a) 

Provisions to assure that RACM was 

implemented by December 10, 1993; (b) 

Either a demonstration that the plan 

provided for attainment as 

expeditiously as practicable but not 

later than December 31, 1994, or a 

demonstration that attainment by that 

date was impracticable; (c) Quantitative 

milestones which were achieved every 3 

years and which demonstrate RFP 

toward attainment by December 31, 

1994; and (d) Provisions to assure that 

the control requirements applicable to 

major stationary sources of PM10 also 

apply to major stationary sources of 

PM10 precursors except where the 

Administrator determined that such 

sources do not contribute significantly 

to PM10 levels which exceed the 

NAAQS in the area. These provisions 

were fully approved into the SIP upon 

the EPA’s approval of the PM10

Moderate area plan for the Thompson 

Falls NAA on January 22, 2004 (69 FR 

3011). 

D. Has the state demonstrated that the 

air quality improvement is due to 

permanent and enforceable reductions? 

A state must be able to reasonably 

attribute the improvement in air quality 

to permanent and enforceable emission 

reductions. In making this showing, a 

state must demonstrate that air quality 

improvements are the result of actual 

enforceable emission reductions. This 

showing should consider emission rates, 

production capacities, and other related 

information. The analysis should 

assume that sources are operating at 

permitted levels (or historic peak levels) 

unless evidence is presented that such 

an assumption is unrealistic. Permanent 

and enforceable control measures in the 

Thompson Falls NAA SIP includes 

RACM. Emission sources in the NAA 

have been implementing RACM for at 

least 10 years. 

Areas that qualify for the LMP will 

meet the NAAQS, even under worst 

case meteorological conditions. Under 

the LMP option, the maintenance 

demonstration is presumed to be 

satisfied if an area meets the qualifying 

criteria. Thus, by qualifying for the 

LMP, Montana has demonstrated that 

the air quality improvements in the 

Thompson Falls NAA is the result of 

permanent emission reductions and not 

a result of either economic trends or 

meteorology. A description of the LMP 

qualifying criteria and how the 

Thompson Falls area meets these 

criteria is provided in the following 

section. 

Permanent and enforceable emission 

reductions in the Thompson Falls NAA 

have reduced emissions 29% since the 

1991 baseline. The primary controls 

incorporated into the SIP included rules 

focused on reducing fugitive dust 

emissions from roads and parking lots. 

Additionally, the approved control plan 

satisfied the requirements for RACM of 

area sources. Based on the 2017 national 

emissions inventory, PM10 emissions in 

all source areas are below the levels 

approved in the original control plan.8

E. Does the area have a fully approved 

maintenance plan pursuant to section 

175A of the CAA? 

In this action, we are proposing to 

approve the LMP for the Thompson 

Falls NAA in accordance with the 

principles outlined in the LMP Option. 

F. Has the state demonstrated that the 

Thompson Falls NAA qualifies for the 

LMP Option? 

The LMP Option memo outlines the 

requirements for an area to qualify for 

the LMP Option. First, the area should 

be attaining the NAAQS. As stated 

above in section III. A., the EPA has 

determined that the Thompson Falls 

NAA is attaining the PM10 NAAQS. 

Second, the ADC for the past 5 years 

of monitoring data must be at or below 

the CDV. As noted in section II.B., the 

CDV is a margin of safety value and is 

the value at which an area has been 

determined to have a 1 in 10 probability 

of exceeding the NAAQS. The LMP 

Option memo provides two methods for 

review of monitoring data for the 

purpose of qualifying for the LMP 

option. The first method is a 

comparison of a site’s ADC with the 

CDV of 98 mg/m3 for the 24-hour PM10

NAAQS. A second method that applies 

to the 24-hour PM10 NAAQS is the 

calculation of a site-specific CDV and a 

comparison of the site-specific CDV 

with the ADC for the past 5 years of 

monitoring data. Table 2 below outlines 

the design concentrations for the years 

2015–2020 and presents the ADC. 

Table 3 summarizes the wildfire 

related events that were excluded from 

the calculated design concentrations in 

Table 2. Table 3 includes all regionally 

concurred exceptional events, as well as 

values between 98 mg/m3 and 155 mg/ 

m3, which were treated in a manner 

analogous to exceedance data under the 

Exceptional Events Rule for the purpose 

of determining the LMP option 

eligibility. The values between 98 mg/m3

and 155 mg/m3 remain in the AQS 

database for use in calculating design 

concentrations for every purpose 

besides determining LMP eligibility.9

The Exceptional Events Rule can be 

found in 40 CFR 50.14 and 40 CFR 

51.930, and outlines the requirements 

for the treatment of monitored air 

quality data that has been heavily 

influenced by an exceptional event. 40 

CFR 50.1(j) defines an exceptional event 

as an event which affects air quality, is 

not reasonably controllable or 

preventable, is an event caused by 


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10See Update on Application of the Exceptional 

Events Rule to the PM10 Limited Maintenance Plan 

Option, US EPA, William T. Harnett, Director, Air 

Quality Policy Division, OAQPS, May 7, 2009 and 

Additional Methods, Determinations, and Analyses 

to Modify Air Quality Data Beyond Exceptional 

Events, US EPA, Richard Wayland, Director, Air 

Quality Assessment Division and Anna Marie 

Wood, Director, Air Quality Policy Division, April 

4, 2019 memos in docket. 

11February 8, 2019 letter to MDEQ, Re: 

Exceptional Events Requests Regarding 

Exceedances of the 24-hour PM10 NAAQS and the 

LMP Eligibility Threshold at Montana Monitoring 

Sites with PM10 Nonattainment Areas; and 

November 1, 2018 letter to MDEQ, Re: Request for 

EPA concurrence on exceptional event claims for 

fine (PM2.5) and coarse (PM10) particulate matter 

data impacted by wildfires in 2015 and 2016. See 

Thompson Falls, MT submission in docket; and 

additional information on 2020 data can be found 

in the docket for this action, document titled: 

Montana 2020 PM10 Letter. 

12See memo to file in docket dated January 10, 

2022 titled ‘‘Memo to File—Thompson Falls, MT 

Motor Vehicle Regional Emissions Analysis.’’ 

human activity that is unlikely to recur 

at a particular location or a natural 

event and is determined by the 

Administrator in accordance with 40 

CFR 50.14 to be an exceptional event. 

Exceptional events do not include 

stagnation of air masses or 

meteorological inversions, 

meteorological events involving high 

temperatures or lack of precipitation, or 

air pollution relating to source 

noncompliance. 40 CFR 50.14(b) states 

that the EPA shall exclude data from use 

in determinations of exceedances and 

NAAQS violations where a state 

demonstrates to the EPA’s satisfaction 

that an exceptional event caused a 

specific air pollution concentration in 

excess of one or more NAAQS at a 

particular air quality monitoring 

location and otherwise satisfies the 

requirements of section 50.14. Table 3 

below includes some values between 98 

mg/m3 and 155 mg/m3 that were 

excluded for the sole purpose of 

determining PM10 LMP eligibility in 

accordance with the LMP guidance.10

Supporting documentation of EPA’s 

concurrence with the wildfire related 

events can be found in the docket.11

TABLE 2—SUMMARY OF 24-HOUR

PM10 DESIGN CONCENTRATIONS

(μg/m3) FOR THOMPSON FALLS

[Based on data from Thompson Falls HS Site, 

AQS Identification Number (30–089–0007)] 

Design concentration 

years 

Design 

concentration 

(μg/m3) 

2015–2017 ...................... 100 

2016–2018 ...................... 88 

2017–2019 ...................... 70 

2018–2020 ...................... 66 

Average Design Concentration (of Most Recent 3 Design Concentrations) 75 μg/m3. 

TABLE 3—THOMPSON FALLS 24-HOUR

PM10 EVENTS EXCLUDED FROM THE

2015–2020 DATA FOR THE PURPOSE OF DETERMINING LMP ELIGIBILITY

[Based on data from Thompson Falls HS Site, 

AQS Identification Number (30–089–0007)] 

Date 24-hour value 

(μg/m3) 

8–14–2016 ...................... 105 

8–24–2015 ...................... 117 

8–26–2015 ...................... 135 

8–27–2015 ...................... 122 

8–29–2015 ...................... 143 

8–30–2016 ...................... 135 

9–6–2017 ........................ 251 

9–7–2017 ........................ 231 

9–8–2017 ........................ 249 

9–9–2017 ........................ 100 

9–12–2020 ...................... 168 

9–13–2020 ...................... 206 

9–14–2020 ...................... 185 

9–15–2020 ...................... 148 

9–16–2020 ...................... 103 

9–17–2020 ...................... 107 

9–18–2020 ...................... 99 

Values between 98 μg/m3 and 155 μg/m3

were excluded by EPA solely for the purpose 

of determining limited maintenance plan (LMP) 

eligibility in accordance with LMP guidance. 

The values remain in AQS and are still used 

for all other purposes (including calculating the 

estimated exceedances and official design 

concentrations). 

The ADC for the 24-hour PM10

NAAQS for Thompson Falls, based on 

data from the SLAMS monitor for the 

years 2016–2020 is 75 mg/m3. This value 

falls below the presumptive 24-hour 

CDV of 98 mg/m3 and would meet the 

first threshold for LMP eligibility. 

In addition to having an ADC that is 

below the presumptive or area specific 

CDV, and in order to qualify for the 

LMP, the area must meet the motor 

vehicle regional emissions analysis test 

in attachment B of the LMP Option 

memo. Using the methodology outlined 

in the memo, the data presented in the 

State submission in section 3.2 and 

based on monitoring data for the period 

2016–2020, the EPA has determined 

that the Thompson Falls NAA has a 

projected design concentration of 79 mg/ 

m3 after 10 years, attributable to motor 

vehicle emission growth. This value is 

below the presumptive 24-hour CDV of 

98 mg/m3 and therefore passes the motor 

vehicle regional emissions analysis test. 

For the detailed calculations used to 

determine how the Thompson Falls 

NAA passed the motor vehicle regional 

analysis test, see the supporting 

documents in the docket.12

The State’s submission demonstrated 

that the 2015–2019 monitoring data 

shows that Thompson Falls has attained 

the 24-hour NAAQS for PM10, and the 

24-hour ADC for the area is less than the 

24-hour PM10 presumptive and areaspecific CDV. The data presented in this 

action demonstrates that the 2016–2020 

data show that Thompson Falls has 

attained the 24-hour NAAQS for PM10, 

and the 24-hour ADC for the area is less 

that the 24-hour PM10 presumptive CDV 

of 98 mg/m3. Finally, the area has met 

the regional vehicle emissions analysis 

test for both the 2015–2019 and 2016– 

2020 periods of monitoring data. Thus, 

the Thompson Falls NAA qualifies for 

the LMP Option described in the LMP 

Option memo. The LMP Option memo 

also indicates that once a state selects 

the LMP Option and it is in effect, the 

state will be expected to determine, on 

an annual basis, that the LMP criteria 

are still being met. If a state determines 

that the LMP criteria are not being met, 

it should take action to reduce PM10

concentrations enough to requalify for 

the LMP. One possible approach a state 

could take is to implement contingency 

measures. Please see section 3.6 of the 

Thompson Falls LMP for a description 

of contingency provisions submitted as 

part of the State’s submittal. 

G. Does the state have an approved 

attainment emissions inventory which 

can be used to demonstrate attainment 

of the NAAQS? 

A state’s approved attainment plan 

should include an emissions inventory 

(attainment inventory) which can be 

used to demonstrate attainment of the 

NAAQS. The inventory should 

represent emissions during the same 5- 

year period associated with air quality 

data used to determine whether the area 

meets the applicability requirements of 

the LMP Option. A state should review 

its inventory every 3 years to ensure 

emissions growth is incorporated in the 

attainment inventory if necessary. In 

this instance, Montana completed an 

attainment year inventory for the 

attainment year 2017 for the Thompson 

Falls NAA. The EPA has reviewed the 

2017 emissions inventories and 

determined that they are current, 

accurate and complete. In addition, the 

emissions inventory submitted with the 

LMP for the calendar year 2017 is 

representative of the level of emissions 

during the time period used to calculate 

the ADC since 2017 is included in the 

5-year period used to calculate the 

design concentrations (2015–2019). 


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H. Does the LMP include an assurance 

of continued operation of an 

appropriate EPA-approved air quality 

monitoring network, in accordance with 

40 CFR Part 58? 

The PM10 monitoring network for the 

Thompson Falls NAA has been 

developed and maintained in 

accordance with federal siting and 

design criteria in 40 CFR part 58, 

appendices D and E and in consultation 

with the EPA Region 8. In section 3.5 of 

the Thompson Falls LMP, Montana 

states that it will continue to operate its 

monitoring network to meet EPA 

requirements. 

I. Does the plan meet the CAA 

requirements for contingency provisions 

for maintenance plans? 

Section 175A of the CAA states that 

a maintenance plan must include 

contingency provisions, as necessary, to 

promptly correct any violation of the 

NAAQS which may occur after 

redesignation of the area to attainment. 

As explained in the LMP Option memo, 

these contingency measures do not have 

to be fully adopted at the time of 

redesignation. As noted above, CAA 

section 175A requirements are distinct 

from CAA section 172(c)(9) contingency 

measures. Section 3.6 of the Thompson 

Falls LMP describes a process and 

timeline to identify and evaluate 

appropriate contingency measures in 

the event of a quality assured violation 

of the PM10 NAAQS. Upon notification 

of a PM10 exceedance in any of the three 

areas, the MDEQ and the appropriate 

local government will develop 

contingency measures designed to 

prevent or correct a violation of the 

PM10 standard. This process will be 

completed within twelve months of the 

exceedance notification. Upon violating 

the PM10 standard, the MDEQ and local 

government will determine if the local 

contingency measures will be adequate 

to prevent further exceedances or 

violations. If the agencies determine that 

local measures will be inadequate, the 

MDEQ and local government will adopt 

State-enforceable measures. 

The current and proposed 

contingency provisions in the 

Thompson Falls LMP meet the 

requirements for contingency provisions 

as outlined in the LMP Option memo. 

IV. Conformity and the LMP Option 

Section 176(c) of the CAA requires the 

conformity of federal actions to the air 

quality goals of an NAA or maintenance 

area. Such federal actions include 

actions on transportation plans, 

programs and projects developed, 

funded, or approved by federal agencies 

or by recipients of federal funds, as well 

as more general actions receiving federal 

assistance or approval. Conformity of 

these two types of actions is known, 

respectively, as ‘‘transportation 

conformity’’ and ‘‘general conformity.’’ 

The purpose of conformity is to ensure 

that such federal actions will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. The 

EPA’s transportation and general 

conformity rules are found in 40 CFR 

part 93, subparts A and B, respectively. 

The transportation conformity rule 

generally requires a demonstration that 

emissions from the relevant projects of 

a transportation plan and transportation 

improvement program covering a 

designated area are consistent with the 

motor vehicle emissions budget (MVEB 

or ‘budget’) contained in the SIP or 

maintenance plan for that area. The 

MVEB is the level of mobile source 

emissions of a pollutant relied upon in 

the attainment or maintenance 

demonstration to attain or maintain the 

NAAQS in the NAA or maintenance 

area. 

Under the transportation conformity 

rule, designated areas meeting the 

criteria for the LMP Option will not be 

required to satisfy the rule’s regional 

emissions analysis requirements (40 

CFR 93.109(e)). When the EPA approves 

an LMP, we are concluding that it is 

unreasonable to expect that the 

qualifying area will experience 

sufficient growth during the 

maintenance period that a violation of 

the PM10 NAAQS would result. 

Therefore, the EPA is concluding with 

an LMP approval that the area’s budget 

is essentially not constraining for the 

duration of the maintenance period and 

a regional emissions analysis will not be 

necessary to demonstrate conformity. 

However, because LMP areas are still 

maintenance areas, approval of a 

Thompson Falls LMP does not remove 

certain transportation conformity rule 

requirements for transportation plans, 

programs, and projects. As an isolated 

rural maintenance area, the Thompson 

Falls area will generally be subject to 

the requirements of 40 CFR 93.109(g), as 

modified by the requirements for LMP 

areas in 40 CFR 93.109(e). Specifically, 

state transportation plans, 

transportation improvement programs 

and transportation projects still must 

demonstrate that they are fiscally 

constrained (30 CFR 93.108), are still 

subject to consultation requirements (40 

CFR 93.112), and projects must not 

interfere with the implementation of 

any transportation control measures 

from the applicable implementation 

plan (40 CFR 93.113). 

Approval of the LMP option would 

have similar implications with respect 

to general conformity. Federal actions 

subject to general conformity in an LMP 

area will not be required to satisfy the 

budget test requirement of the general 

conformity rule. Such federal actions 

are presumed to conform under the LMP 

option as emissions budgets in such 

areas are essentially not constraining for 

the duration of the maintenance period. 

V. Environmental Justice Concerns 

To identify potential environmental 

burdens and susceptible populations in 

the Thompson Falls NAA, EPA 

performed a screening-level analysis 

using the EPA’s EJSCREEN tool to 

evaluate environmental and 

demographic indicators within the area. 

The tool outputs are contained in the 

docket for this action. The results 

indicate that within the Thompson Falls 

NAA, the EJ index for the NationalScale Air Toxics Assessment (NATA) 

for diesel particulate matter is at the 

81st percentile compared to the rest of 

the State and results indicate a lowincome population of 58%, as compared 

to the State average of 34% for Montana. 

These populations may be vulnerable 

and subject to disproportionate impacts 

within the meaning of the executive 

orders described above. Further, as the 

EJSCREEN analysis is a screening-level 

assessment and not an in-depth review, 

it is possible that there are other 

vulnerable groups within the Thompson 

Falls NAA. 

As to all vulnerable groups within the 

Thompson Falls NAA, as explained 

above, we believe that this action will 

be beneficial and will tend to reduce 

impacts as this action, if finalized, 

addresses a plan for continued 

attainment of the PM10 NAAQS for the 

Thompson Falls NAA. When the EPA 

establishes a new or revised NAAQS, 

the CAA requires the EPA to designate 

all areas of the U.S. as either 

nonattainment, attainment, or 

unclassifiable. If an area is designated 

nonattainment for a NAAQS, the state 

must develop a plan outlining how the 

area will attain and maintain the 

standard by reducing air pollutant 

emissions. In this action we are 

proposing to approve the LMP for the 

Thompson Falls NAA and the State’s 

request to redesignate the Thompson 

Falls NAA from nonattainment to 

attainment for the 1987 24-hour PM10

NAAQS. Approval of the LMP will 

contribute to the ongoing protection of 

those residing, working, attending 

school, or otherwise present in those 

areas, and we propose to determine that 

this action, if finalized, will not have 

disproportionately high or adverse 


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human health or environmental effects 

on communities with environmental 

justice concerns. 

VI. Proposed Action 

For the reasons explained in section 

III., we are proposing to approve the 

LMP for the Thompson Falls NAA and 

the State’s request to redesignate the 

Thompson Falls NAA from 

nonattainment to attainment for the 

1987 24-hour PM10 NAAQS. 

Additionally, the EPA is proposing to 

determine that the Thompson Falls 

NAA has attained the NAAQS for PM10. 

This determination is based upon 

monitored air quality data for the PM10

NAAQS during the years 2014–2020. 

The EPA is proposing to approve the 

Thompson Falls LMP as meeting the 

appropriate transportation conformity 

requirements found in 40 CFR part 93, 

subpart A. 

VII. 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 proposes to approve 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 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 proposed 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). 

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: February 28, 2022. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2022–04759 Filed 3–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2021–0808; FRL–9595–01– 

R8] 

Air Plan Approval; Montana; Whitefish 

PM10 Nonattainment Area Limited 

Maintenance Plan and Redesignation 

Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to fully 

approve 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 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 is proposing to 

determine that the Whitefish NAA has 

attained the 1987 24-hour PM10 NAAQS 

of 150 mg/m3. This determination is 

based upon monitored air quality data 

for the PM10 NAAQS during the years 

2015–2020. EPA is taking this action 

pursuant to the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before April 7, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2021–0808 to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: 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 

electronically in www.regulations.gov. 

To reduce the risk of COVID–19 

transmission, for this action we do not 


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