Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34795 

1See ‘Whitefish NAA EJSCREEN’ document 

available in docket. 

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. 

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 mg/m3. 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: 

gregory.kate@epa.gov. 

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. 

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 


khammond on DSKJM1Z7X2PROD with RULES
34796 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 

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 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart BB—Montana 

■ 2. In § 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: 

§ 52.1370 Identification of plan. 

* * * * * 

(e) * * * 

Title/subject State 

effective date 

Notice of 

final rule date NFR citation 

*******

(3) Flathead County 

*******

Whitefish 1987 PM10 Limited Maintenance Plan ............................. ........................ 6/8/2022 [insert Federal Register citation]. 

* * * * * * * 

■ 3. In § 52.1374, add paragraph (g) to 

read as follows: 

§ 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 

■ 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 

■ 5. In § 81.327, in the table entitled 

‘‘Montana—PM–10’’ under the entry 

‘‘Flathead County:’’ revise the fourth 

entry to read as follows: 

§ 81.327 Montana. 

* * * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Rules and Regulations 34797 

1See ‘Thompson Falls MT NAA EJSCREEN 

Report’ document available in docket. 

MONTANA—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Flathead County: 

*******

The City of Whitefish and 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.

7/8/2022 Attainment.

* * * * * * * 

* * * * * 

[FR Doc. 2022–11580 Filed 6–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R08–OAR–2021–0809; FRL–9579–02– 

R8] 

Approval and Promulgation of 

Implementation Plans; Montana; 

Thompson Falls PM10 Nonattainment 

Area Limited Maintenance Plan and 

Redesignation Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving 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 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 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 

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–2021–0809. 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: 

gregory.kate@epa.gov. 

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 12905). In that 

document, we proposed 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, we proposed to determine 

that the Thompson Falls 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 

Thompson Falls 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 12905) 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 Thompson Falls 

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 12905). This 

action addresses a plan for continued 

attainment of the 1987 PM10 NAAQS for 

the Thompson Falls 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 

Thompson Falls area is attaining the 

1987 PM10 NAAQS and the Thompson 

Falls 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. 

III. Final Action 

For the reasons explained in our 

proposed action, we are approving 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 determining 

that the Thompson Falls NAA has 

attained the NAAQS for PM10. This 

determination is based upon monitored 


khammond on DSKJM1Z7X2PROD with RULES