43180 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

(4) Previously approved on August 29, 

2006, in paragraph (c)(337)(i)(C)(1) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(6), Rule 

2012: Attachment C, ‘‘Requirements for 

Monitoring, Reporting, and 

Recordkeeping for NOX Emissions: 

Quality Assurance and Quality Control 

Procedures,’’ amended on December 4, 

2015. 

(5) Previously approved on August 29, 

2006, in paragraph (c)(337)(i)(C)(1) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(7), Rule 

2012: Chapter 4, ‘‘Requirements for 

Monitoring, Reporting, and 

Recordkeeping for NOX Emissions: 

Process Units—Periodic Reporting and 

Rule 219 Equipment,’’ amended on 

December 4, 2015. 

(6) Previously approved on August 29, 

2006, in paragraph (c)(337)(i)(C)(1) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(8), Rule 

2011: Attachment E, ‘‘Requirements for 

Monitoring, Reporting, and 

Recordkeeping for SOX Emissions: 

Definitions,’’ amended on February 5, 

2016. 

(7) Previously approved on August 29, 

2006, in paragraph (c)(337)(i)(C)(1) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(9), Rule 

2012: Attachment F, ‘‘Requirements for 

Monitoring, Reporting, and 

Recordkeeping for NOX Emissions: 

Definitions,’’ amended on February 5, 

2016. 

* * * * * 

(342) * * * 

(i) * * * 

(C) * * * 

(5) Previously approved on August 29, 

2006 in paragraph (c)(342)(i)(C)(2) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(1), Rule 

2001, ‘‘Applicability,’’ amended on 

December 4, 2015. 

* * * * * 

(388) * * * 

(i) * * * 

(A) * * * 

(6) Previously approved on August 12, 

2011 in paragraph (c)(388)(i)(A)(4) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(2), Rule 

2002, ‘‘Allocations for NOX & SOX,’’ 

amended on October 7, 2016. 

* * * * * 

(404) * * * 

(i) * * * 

(A) * * * 

(5) Previously approved on December 

20, 2011 in paragraph (c)(404)(i)(A)(1) of 

this section and now deleted with 

replacement in (c)(491)(i)(A)(3), Rule 

2005, ‘‘New Source Review for Regional 

Clean Air Incentives Market,’’ amended 

on December 4, 2015. 

* * * * * 

(491) Amended regulations for the 

following APCDs were submitted on 

March 17, 2017 by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 2001, ‘‘Applicability,’’ 

amended on December 4, 2015. 

(2) Rule 2002, ‘‘Allocations for Oxides 

of Nitrogen (NOX) and Oxides of Sulfur 

(SOX),’’ amended on October 7, 2016. 

(3) Rule 2005, ‘‘New Source Review 

for RECLAIM,’’ amended on December 

4, 2015. 

(4) Protocol for Rule 2011: 

Attachment C, ‘‘Quality Assurance and 

Quality Control Procedures,’’ amended 

on December 4, 2015. 

(5) Protocol for Rule 2011: Chapter 3, 

‘‘Process Units—Periodic Reporting,’’ 

amended on December 4, 2015. 

(6) Protocol for Rule 2012: 

Attachment C, ‘‘Quality Assurance and 

Quality Control Procedures,’’ amended 

on December 4, 2015. 

(7) Protocol for Rule 2012: Chapter 4, 

‘‘Process Units Periodic Reporting and 

Rule 219 Equipment,’’ amended on 

December 4, 2015. 

(8) Protocol for Rule 2011: 

Attachment E, ‘‘Definitions,’’ amended 

on February 5, 2016. 

(9) Protocol for Rule 2012: 

Attachment F, ‘‘Definitions,’’ amended 

on February 5, 2016. 

[FR Doc. 2017–19454 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0339; FRL–9967–66– 

Region 8] 

Montana Second 10-Year Carbon 

Monoxide Maintenance Plan for 

Missoula 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Montana. On 

September 19, 2016, the Governor of 

Montana submitted to the EPA a Clean 

Air Act (CAA) section 175A(b) second 

10-year maintenance plan for the 

Missoula, Montana area for the carbon 

monoxide (CO) National Ambient Air 

Quality Standard (NAAQS). This 

limited maintenance plan (LMP) 

addresses maintenance of the CO 

NAAQS for a second 10-year period 

beyond the original redesignation. This 

action is being taken under sections 110 

and 175A of the CAA. 

DATES: This rule is effective on 

November 13, 2017 without further 

notice, unless the EPA receives adverse 

comment by October 16, 2017. If 

adverse comment is received, the EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2017–0339 at 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. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. (303) 312–7104, 

clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

the EPA through https://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information on a disk or CD ROM that 

you mail to the EPA, mark the outside 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43181 

1 In this case, the initial maintenance period 

described in CAA section 175A(a) was required to 

extend for at least 10 years after the redesignation 

to attainment, which was effective on September 

17, 2007. See 72 FR 46158. The first maintenance 

plan showed maintenance through 2020. CAA 

section 175A(b) requires that the second 10-year 

maintenance plan maintain the NAAQS for ‘‘10 

years after the expiration of the 10-year period 

referred to in [section 175A(a)].’’ Thus, for the 

Missoula area, the second 10-year period ends in 

2027. 

2http://www.epa.gov/airdata/. 

3Memorandum ‘‘Limited Maintenance Plan 

Option for Nonclassifiable CO Nonattainment 

Areas’’ from Joseph W. Paisie, Group Leader, EPA 

Integrated Policy and Strategies Group, to Air 

Branch Chiefs, October 6, 1995 (hereafter referred 

to as ‘‘LMP Guidance’’). 

4See Table 1 below. Additionally, according to 

the LMP guidance, an area using the LMP option 

must continue to have a design value ‘‘at or below 

7.65 ppm until the time of final EPA action on the 

redesignation.’’ Table 1, below, demonstrates that 

the area meets this requirement. 

5 Violations of the 8-hour CO NAAQS are most 

likely to occur on winter weekdays, as weekdays 

see more consistent workweek traffic and the 

Missoula area is prone to temperature inversions in 

the winter which lead to stagnant air conditions. 

The typical winter day from 2010 was used because 

monitoring in Missoula ceased in 2011. 

6See ‘‘Procedures for Processing Requests to 

Redesignate Areas to Attainment,’’ from John 

Calcagni, Director, Air Quality Management 

Division, EPA, September 4, 1992. 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register volume, date, and page 

number); 

• Follow directions and organize your 

comments; 

• Explain why you agree or disagree; 

• Suggest alternatives and substitute 

language for your requested changes; 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used; 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced; 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives; 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats; and 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

Under the CAA Amendments of 1990, 

the Missoula area was designated as 

nonattainment and classified as a 

‘‘moderate’’ CO area, with a design 

value of less than or equal to 12.7 parts 

per million (ppm) (56 FR 56694, 

November 6, 1991). On May 27, 2005, 

the Governor of Montana submitted to 

the EPA a request to redesignate the 

Missoula CO nonattainment area to 

attainment for the 8-hour CO NAAQS. 

Along with this request, the Governor 

submitted a CAA section 175A(a) 

maintenance plan which established an 

attainment year of 2000, and 

demonstrated that the area would 

maintain the 8-hour CO NAAQS 

through 2020. The EPA approved the 

State’s redesignation request, CAA 

section 175A(a) maintenance plan and 

base year emissions inventory on 

August 17, 2007 (72 FR 46158). 

Eight years after an area is 

redesignated to attainment, CAA 

Section 175A(b) requires the state to 

submit a subsequent maintenance plan 

to the EPA, covering a second 10-year 

period.1 This second 10-year 

maintenance plan must demonstrate 

continued maintenance of the 

applicable NAAQS during this second 

10-year period. To fulfill this 

requirement of the Act, the Governor of 

Montana submitted the second 10-year 

Missoula CO maintenance plan 

(hereafter, ‘‘revised Missoula 

Maintenance Plan’’) to the EPA on 

September 19, 2016. With this action, 

we are approving the revised Missoula 

Maintenance Plan. 

The 8-hour CO NAAQS—9.0 ppm—is 

attained when such value is not 

exceeded more than once a year. 40 CFR 

50.8(a)(1). The Missoula area has 

attained the 8-hour CO NAAQS from 

1992 to the present.2 In October 1995, 

the EPA issued guidance that provided 

nonclassifiable CO nonattainment areas 

the option of using a less rigorous 

‘‘limited maintenance plan’’ (LMP) 

option to demonstrate continued 

attainment and maintenance of the 8- 

hour CO NAAQS.3 According to this 

guidance, areas that can demonstrate 

design values at or below 7.65 ppm 

(85% of exceedance levels of the 8-hour 

CO NAAQS) for eight consecutive 

quarters qualify to use a LMP. For the 

revised Missoula Maintenance Plan, on 

which we are finalizing action, the State 

used the LMP option to demonstrate 

continued maintenance of the 8-hour 

CO NAAQS in the Missoula area 

through 2027. We have determined that 

the Missoula area qualifies for the LMP 

option for this plan revision, since the 

area’s maximum design value for the 

most recent eight consecutive quarters 

with certified data (years 2009 and 

2010) was 2.4 ppm.4

III. The EPA’s Evaluation of the Revised 

Missoula Maintenance Plan 

The following are the key elements of 

an LMP for CO: Emission Inventory, 

Maintenance Demonstration, 

Monitoring Network/Verification of 

Continued Attainment, Contingency 

Plan, and Conformity Determinations. 

Below, the EPA describes our evaluation 

of each of these elements as it pertains 

to the revised Missoula Maintenance 

Plan. 

A. Emission Inventory 

The revised Missoula Maintenance 

Plan contains an emissions inventory 

for the base year 2010. The emission 

inventory is a list, by source category, of 

the air contaminants directly emitted 

into the Missoula CO maintenance area 

on a typical winter day in 2010.5 The 

data in the emission inventory were 

developed using EPA-approved 

emissions modeling methods. A more 

detailed description of the 2010 

inventory is documented in the 

Missoula CO maintenance plan. See 

Revised Missoula Maintenance Plan, p. 

4–6. Included in this inventory are 

residential wood burning, natural gas 

combustion, commercial equipment, 

construction equipment, industrial 

equipment, residential lawn and garden 

equipment, commercial lawn and 

garden equipment, railway maintenance 

equipment, railway locomotives, motor 

vehicle exhaust, and point sources. 

Notably, motor vehicle exhaust from 

onroad mobile sources accounted for 

71% of total CO emissions in the 

Missoula Maintenance Area during the 

inventory period. The revised 

maintenance plan contains detailed 

emission inventory information that was 

prepared in accordance with EPA 

guidance, and is acceptable to the EPA.6

B. Maintenance Demonstration 

The EPA considers the maintenance 

demonstration requirement to be 

satisfied for areas that qualify for and 

are using the LMP option. As mentioned 

above, a maintenance area is qualified to 

use the LMP option if that area’s 

maximum 8-hour CO design value for 

eight consecutive quarters does not 

exceed 7.65 ppm (85% of the CO 

NAAQS). The EPA maintains that if an 


rmajette on DSKBCKNHB2PROD with RULES
43182 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

7 Design values were derived from the EPA 

AirData Web site (https://www.epa.gov/ 

airdata/). 

8The monitor only operated for 47 days in 2011, 

and ceased operation on March 31, 2011. The 2.1 

ppm value in Table 1 indicates the highest value 

recorded at the CO monitor in 2011. 

9See Table 1 above. Design values were derived 

from the EPA AirData (https://www.epa.gov/ 

airdata/) Web site. 

10 In the revised Missoula Maintenance Plan, the 

State refers to this period 2008–2010 baseline. 

11See ‘‘Review of National Ambient Air Quality 

Standards for Carbon Monoxide,’’ 76 FR 54294, 

August 31, 2011. 

area begins the maintenance period with 

a design value no greater than 7.65 ppm, 

the air quality along with the continued 

applicability of prevention of significant 

deterioration requirements, the control 

measures already in the SIP, and federal 

measures should provide adequate 

assurance of maintenance over the 10- 

year maintenance period and the EPA 

would not require such areas to project 

emissions over the maintenance period. 

Because the last recorded CO design 

values in the Missoula area were 

consistently well below the LMP 

threshold (See Table 1 below) and no 

changes are proposed to the area’s 

permanent and enforceable control 

measures, the State has adequately 

demonstrated that the Missoula area 

will maintain the 8-hour CO NAAQS 

into the future. 

TABLE 1—8-HOUR CO DESIGN

VALUES FOR MISSOULA, MONTANA

Design value 

(ppm) 7 Year 

3.6 ......................................... 2003 

2.9 ......................................... 2004 

3.6 ......................................... 2005 

2.4 ......................................... 2006 

2.4 ......................................... 2007 

2.7 ......................................... 2008 

2.5 ......................................... 2009 

TABLE 1—8-HOUR CO DESIGN VALUES FOR MISSOULA, MONTANA— 

Continued 

Design value 

(ppm) 7 Year 

2.2 ......................................... 2010 

2.1 8 ....................................... 2011 

C. Monitoring Network/Verification of 

Continued Attainment 

In the revised Missoula Maintenance 

Plan, the State adopted an alternative 

monitoring strategy for Missoula that 

was previously approved by the EPA to 

satisfy this requirement for both the 

Billings CO Maintenance Area (80 FR 

16571, March 30, 2015) and Great Falls 

CO Maintenance Area (80 FR 17331, 

April 1, 2015). The State adopted the 

alternative monitoring strategy to 

conserve resources by discontinuing the 

gaseous CO ambient monitor in the 

Missoula CO maintenance area. In place 

of the gaseous ambient monitor, the 

State’s alternative method relies on 

rolling 3-year Average Daily Traffic 

(ADT) vehicle counts collected from 

permanent automatic traffic recorders 

(devices installed into a street’s 

pavement to continuously collect data) 

in each maintenance area. 

Since 2006, no Missoula monitor has 

registered a design value greater than 

2.7 ppm, roughly 30% of the NAAQS.9

Citing these consistently low monitor 

values, and expressing a desire to 

conserve monitoring resources, the State 

requested to discontinue CO monitoring 

in Missoula and instead use an 

alternative strategy for monitoring 

maintenance of the 8-hour CO NAAQS. 

The alternative monitoring strategy 

utilizes ADT vehicle counts collected 

from permanent automatic traffic 

recorders in the Missoula CO 

maintenance area to determine average 

monthly traffic during the traditional 

high CO concentration season of 

November through February (the winter 

season). The State will compare the 

latest rolling 3-year ADT volumes 

during the winter season to the 2008– 

2011 baseline ADT volumes (see Table 

2) that correlate to the low CO 

monitored values during that period 

(see Table 1).10 Because mobile sources 

are the biggest driver of CO pollution, 

the Montana Department of 

Environmental Quality (MDEQ) 

reasoned that any significant increase in 

CO emissions would have to be 

accompanied by a significant increase in 

ADT.11 The EPA agrees with the State’s 

reasoning. 

TABLE 2—TRAFFIC VOLUMES FOR MISSOULA, MONTANA

Winter season 

Average daily traffic for site A–037 

Winter 

monthly 

average 

Rolling threeyear average 

% Difference 

from 

2008–2011 

baseline 

November 2008–January 2009 * ............................................................................... 19,134 ........................................ ..........................

November 2009–February 2010 ............................................................................... 20,320 ........................................ ..........................

November 2010–February 2011 ............................................................................... 20,221 (Baseline) 19,892 ........... ..........................

November 2011–February 2012 ............................................................................... 20,120 20,220 ............................ 1.65 

November 2012–February 2013 ............................................................................... 20,004 20,115 ............................ 1.12 

November 2013–February 2014 ............................................................................... 19,943 20,022 ............................ 0.66 

November 2014–February 2015 ............................................................................... 21,037 20,328 ............................ 2.19 

November 2015–February 2016 ............................................................................... 21,763 20,914 ............................ 5.14 

* There is no ADT information available for February 2009. 

If the rolling 3-year ADT value is 25% 

higher than the monthly average value 

from the November 2008–February 2011 

baseline period of 19,892, the State, in 

cooperation with the Missoula CityCounty Health Department (MCCHD), 

will reestablish CO ambient monitoring 

in Missoula the following high season 

(November–February). If the CO design 

value in the following high season has 

not increased from the baseline mean by 

an equal or greater rate at which the 

ADT has increased, and the monitor 

values remain at or below 50% of the 8- 

hour CO NAAQS (2nd max 

concentration ≤4.5 ppm), the monitor 

may be removed and the ADT counts 

will continue to be relied upon to 

determine compliance with the NAAQS. 

This process will be repeated each time 

the rolling 3-year ADT increases by a 

factor of 25% (e.g., 50%, 75%) above the 

baseline 2008–2011 period, and the 

same analysis will be conducted to 

determine if the monitors can be 

removed. 

40 CFR 58.14(c) allows approval of 

requests to discontinue ambient 

monitors ‘‘on a case-by-case basis if 

discontinuance does not compromise 


rmajette on DSKBCKNHB2PROD with RULES
Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 43183 

12Further information concerning the EPA’s 

interpretations regarding MVEBs can be found in 

the preamble to EPA’s November 24, 1993 

transportation conformity rule (see 58 FR 62193– 

62196). 13LMP Guidance at 4. 

data collection needed for 

implementation of a NAAQS and if the 

requirements of appendix D to 40 CFR 

part 58, if any, continue to be met.’’ The 

EPA finds that the alternative 

monitoring strategy in the revised 

Missoula Maintenance Plan meets the 

criteria of 40 CFR 58.14(c) for the 

Missoula CO maintenance area. Given 

the long history of low CO 

concentrations in the Missoula area and 

the adequacy of the alternative 

monitoring strategy at ensuring 

continued attainment of the CO NAAQS 

in the area, the EPA finds it appropriate 

to approve the State’s request to not 

operate a gaseous CO monitor in 

Missoula and use the alternative 

monitoring strategy in its place. 

D. Contingency Plan 

The revised Missoula Maintenance 

Plan stated that a trend of increasing CO 

concentrations or a single 8-hour 

average of 9.5 ppm or greater would 

trigger a voluntary, local process by the 

Missoula Air Pollution Control Board to 

identify and evaluate potential 

contingency measures. The plan also 

indicated that a violation of the 8-hour 

CO NAAQS (two or more values of 9.5 

ppm or greater during a calendar year) 

would trigger mandatory 

implementation of contingency 

measures. 

As noted in the previous section, the 

alternative monitoring strategy in the 

revised Missoula Maintenance Plan 

requires reestablishment of a CO 

monitor in Missoula if traffic levels 

(responsible for 71% of CO emissions in 

Missoula) increase from the 2008–2011 

baseline by a factor of 25% and provides 

that any reestablished monitors showing 

values above 50% of the NAAQS cannot 

be removed. Therefore, the EPA finds 

that CO emissions in Missoula are very 

unlikely to increase to the point of an 

8-hour NAAQS exceedance (the trigger 

for voluntary contingency measures) 

without that exceedance being observed 

by a gaseous monitor, as such an 

increase would most likely coincide 

with a significant increase in traffic 

volume. 

The revised Missoula Maintenance 

Plan retains two contingency measures 

adopted as part of the area’s fully 

approved SIP. The first expands the 

oxygenated fuel program to other 

months besides November, December, 

January and February, as described in 

Rule 10.110 of the Missoula City-County 

Air Pollution Control Program. The 

second further restricts woodstove 

burning as described in Rule 9.601 of 

the Missoula City-County Air Pollution 

Control Program. 

The revised Missoula Maintenance 

Plan indicates that contingency 

measures will be implemented within 

60 days of notification by MDEQ and 

the EPA that the Missoula area has 

violated the 8-hour CO NAAQS. Upon 

notification of a CO NAAQS violation, 

MCCHD will review relevant 

information and implement one or both 

of the contingency measures to correct 

the violation. In the event that 

violations continue to occur after 

contingency measures have been 

implemented, additional contingency 

measures will be implemented until the 

violations are corrected. See Revised 

Missoula Maintenance Plan, p. 11. 

We find that the contingency 

measures provided in the revised 

Missoula Maintenance Plan are 

sufficient and meet the requirements of 

section 175A(d) of the CAA. 

E. Transportation Conformity 

Transportation conformity is required 

by section 176(c) of the CAA. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS (CAA 

176(c)(1)(B)). The EPA’s conformity rule 

at 40 CFR part 93, subpart A requires 

that transportation plans, programs and 

projects conform to SIPs and establish 

the criteria and procedures for 

determining whether or not they 

conform. To effectuate its purpose, the 

conformity rule requires a 

demonstration that emissions from the 

Regional Transportation Plan (RTP) and 

the Transportation Improvement 

Program (TIP) are consistent with the 

motor vehicle emission budget (MVEB) 

contained in the control strategy SIP 

revision or maintenance plan (40 CFR 

93.101, 93.118, and 93.124). A MVEB is 

defined as the level of mobile source 

emissions of a pollutant relied upon in 

the attainment or maintenance 

demonstration to attain or maintain 

compliance with the NAAQS in the 

nonattainment or maintenance area.12

Under the LMP guidance, MVEBs 

generally are treated as not constraining 

for the length of the maintenance 

period. While the EPA’s LMP guidance 

does not exempt an area from the need 

to affirm conformity, it explains that the 

area may demonstrate conformity 

without submitting a MVEB. According 

to the LMP guidance, it is unreasonable 

to expect that a LMP area will 

experience so much growth in that 

period that a violation of the CO 

NAAQS would result.13 We note that 

the CO maintenance plan for Missoula 

that we approved in 2007 (72 FR 46158, 

August 17, 2007) contains a MVEB for 

2020 of 42.67 tons per day of CO. 

However, the State did not revise or 

remove this 2020 MVEB from the SIP 

with the revised Missoula Maintenance 

Plan. Therefore, under our conformity 

regulation, consistency with the 2020 

MVEB must continue to be 

demonstrated by the Missoula 

Metropolitan Planning Organization 

(MPO) as long as that year is within the 

timeframe of the RTP (i.e., through 

2020). See 40 CFR 93.118(b)(2)(i) and 

(d)(2). 

When the year 2020 is no longer 

within the timeframe of the 

transportation plan (i.e., 2021 and 

beyond), there will no longer be a need 

to demonstrate conformity with any 

MVEB for the Missoula CO maintenance 

area, for the reasons described in the 

EPA’s LMP guidance. From that point 

forward, all actions that require 

conformity determinations for the 

Missoula CO maintenance area under 

our conformity rule provisions will be 

considered to have already satisfied the 

regional emissions analysis and ‘‘budget 

test’’ requirements in 40 CFR 93.118, 

because of our approval of the revised 

Missoula Maintenance Plan. 

However, since LMP areas are still 

maintenance areas, certain aspects of 

transportation conformity 

determinations will be required for 

transportation plans, programs and 

projects. Specifically, for such 

determinations, RTPs, TIPs and projects 

will have to demonstrate that they are 

fiscally constrained (40 CFR 93.108) and 

meet the criteria for consultation and 

timely implementation of 

Transportation Control Measures (40 

CFR 93.112 and 40 CFR 93.113, 

respectively). In addition, projects in 

LMP areas will be required to meet the 

applicable criteria for localized CO hot 

spot analyses to satisfy ‘‘project level’’ 

conformity determinations (40 CFR 

93.116 and 40 CFR 93.123), which must 

also incorporate the latest planning 

assumptions and models available (40 

CFR 93.110 and 40 CFR 93.111, 

respectively). 

Our approval of the revised Missoula 

Maintenance Plan affects future CO RTP 

and TIP transportation conformity 

determinations as prepared by the 

Missoula MPO, the Montana 

Department of Transportation, the 

Federal Highway Administration and 

the Federal Transit Administration. See 

40 CFR 93.100. 


rmajette on DSKBCKNHB2PROD with RULES
43184 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Rules and Regulations 

IV. Final Action 

We are approving the revised 

Missoula Maintenance Plan submitted 

on September 19, 2016. This 

maintenance plan meets the applicable 

CAA requirements, and we have 

determined it is sufficient to provide for 

maintenance of the 8-hour CO NAAQS 

over the course of the second 10-year 

maintenance period out to 2027. 

We are publishing this rule without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the Proposed Rules section 

of today’s Federal Register publication, 

we are publishing a separate document 

that will serve as the proposal to 

approve the SIP revision if adverse 

comments are filed. This rule will be 

effective November 13, 2017 without 

further notice unless we receive adverse 

comments by October 16, 2017. If we 

receive adverse comments, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

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. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state actions, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves some state law 

provisions as meeting federal 

requirements; this action 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 the 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 does not apply on 

any Indian reservation land or in any 

other area where the 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. The 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 November 13, 

2017. 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that the EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action may not be challenged later 

in proceedings to enforce its 

requirements. (See CAA 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: August 31, 2017. 

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 (d) to read as 

follows: 

§ 52.1373 Control strategy: Carbon 

monoxide. 

* * * * * 

(d) Revisions to the Montana State 

Implementation Plan, revised Carbon 

Monoxide Maintenance Plan for 

Missoula, as submitted by the Governor 

on September 19, 2016. 

[FR Doc. 2017–19460 Filed 9–13–17; 8:45 am] 

BILLING CODE 6560–50–P 


rmajette on DSKBCKNHB2PROD with RULES