Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Billings
Federal Register, Volume 79 Issue 231 (Tuesday, December 2, 2014)
Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)
Proposed Rules
Pages 71369-71373
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-28390
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
EPA-R08-OAR-2012-0352; FRL-9919-97-OAR
Approval and Promulgation of Air Quality Implementation Plans; State of Montana Second 10-Year Carbon Monoxide Maintenance Plan for Billings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing approval of a State Implementation Plan (SIP) revision submitted by the State of Montana. On July 13, 2011, the Governor of Montana's designee submitted to EPA a second 10-year maintenance plan for the Billings area for the carbon monoxide (CO) National Ambient Air Quality Standard (NAAQS). This maintenance plan addresses maintenance of the CO NAAQS for a second 10-year period beyond the original redesignation. EPA is also proposing approval of an alternative monitoring strategy for the Billings CO maintenance area, which was submitted by the Governor's designee on June 22, 2012.
DATES: Comments must be received on or before January 2, 2015.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2012-0352, by one of the following methods:
http://www.regulations.gov. Follow the on-line instructions for submitting comments.
Email: clark.adam@epa.gov
Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air Program, Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Director, Air Program, EPA, Region 8, Mail Code 8P-AR, 1595 Wynkoop, Denver, Colorado
Page 71370
80202-1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal holidays. Special arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2012-0352. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA, without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I. General Information of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly-available docket materials are available either electronically in http://www.regulations.gov or in hard copy at the Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129. EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air Program, EPA, Region 8, Mailcode 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, (303) 312-7104, clark.adam@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise.
(ii) The initials ADT mean or refer to Average Daily Traffic.
(iii) The initials CO mean or refer to carbon monoxide.
(iv) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency.
(v) The initials LMP mean or refer to Limited Maintenance Plan.
(vi) The initials MDEQ mean or refer to Montana Department of Environmental Quality.
(vii) The initials MVEB mean or refer to Motor Vehicle Emissions Budget.
(viii) The initials NAAQS mean or refer to the National Ambient Air Quality Standards.
(ix) The initials ppm mean or refer to parts per million.
(x) The initials RTP mean or refer to Regional Transportation Plan.
(xi) The initials SIP mean or refer to State Implementation Plan.
(xii) The initials TIP mean or refer to Transportation Improvement Plan.
(xiii) The words Montana and State mean or refer to the State of Montana.
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General Information
What should I consider as I prepare my comments for EPA?
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Submitting Confidential Business Information (CBI). Do not submit CBI to EPA through http://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 EPA, mark the outside 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.
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Tips for preparing your comments. When submitting comments, remember to:
Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register, 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.
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Background
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Billings CO Maintenance Plan
Under the Clean Air Act (CAA) Amendments of 1990, the Billings area was designated as nonattainment and classified as a ``not classified'' CO area. This was because the area had been designated as nonattainment before November 15, 1990, but had not violated the CO NAAQS in 1988 and 1989 (56 FR 56694, November 6, 1991). On February 9, 2001, the Governor of Montana submitted to us a request to redesignate the Billings CO nonattainment area to attainment for the CO NAAQS. Along with this request, the Governor submitted a CAA section 175A(a) maintenance plan which demonstrated that the area would maintain the CO NAAQS for the first 10 years following our approval of the redesignation request. We approved the State's redesignation request and 10-year maintenance plan on February 21, 2002 (67 FR 7966).
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Eight years after an area is redesignated to attainment, CAA section 175A(b) requires the state to submit a subsequent maintenance plan to EPA, covering a second 10-year period.\1\ This second 10-year maintenance plan must demonstrate continued compliance with the NAAQS during this second 10-year period. To fulfill this requirement of the CAA, the Governor of Montana's designee submitted the second 10-year update of the Billings CO maintenance plan (hereafter; ``revised Billings Maintenance Plan'') to us on July 13, 2011. With this action, we are proposing approval of the revised Billings Maintenance Plan.
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\1\ In this case, the initial maintenance period extended through 2012. Thus, the second 10-year period extends through 2022.
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The 8-hour CO NAAQS--9.0 parts per million (ppm)--is attained when such value is not exceeded more than once a year. 40 CFR 50.8(a)(1). The Billings area has attained the 8-hour CO NAAQS from 1988 to the present. In October 1995, 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 CO NAAQS.\2\ According to this guidance, areas that can demonstrate design values (2nd highest max) at or below 7.65 ppm (85% of exceedance levels of the 8-hour CO NAAQS) for eight consecutive quarters qualify to use an LMP. The area qualified for and used EPA's LMP option for the first 10-year Billings CO maintenance plan (67 FR 7966, February 21, 2002). For the revised Billings Maintenance Plan the State again used the LMP option to demonstrate continued maintenance of the CO NAAQS in the Billings area. We have determined that the Billings area continues to qualify for the LMP option because the maximum design value for the most recent eight consecutive quarters with certified data at the time the State adopted the plan (years 2008 and 2009) was 2 ppm.\3\
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\2\ Memorandum ``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.
\3\ See Table 2 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 2, below, demonstrates that the area meets this requirement.
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Alternative CO Monitoring Strategy
Along with the revised Billings Maintenance Plan, the State submitted a CO maintenance plan for the Great Falls, Montana maintenance area, and an alternative strategy for monitoring continued attainment of the CO NAAQS in all of the State's CO maintenance areas on July 13, 2011.\4\ The State submitted the alternative monitoring strategy to conserve resources by discontinuing the gaseous CO ambient monitors in both the Billings and Great Falls CO maintenance areas. In place of the gaseous ambient monitors, the State's alternative method relies on rolling 3-year Average Daily Traffic (ADT) vehicle counts collected from permanent automatic traffic recorders in each maintenance area. We commented on the State's ``Alternative Monitoring Strategy,'' and the State submitted to us a revised version of the strategy which incorporated our comments on June 22, 2012. The State's June 22, 2012 Alternative Monitoring Strategy replaced the version submitted on July 13, 2011.
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\4\ In addition to Billings and Great Falls, the Missoula, MT CO maintenance area was included in the July 13, 2011Alternative Monitoring Strategy.
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EPA's Evaluation of Montana's Alternative Monitoring Strategy in Billings
Since 2002, no Billings CO monitor has registered a design value greater than 4.4 ppm, which is roughly half of the NAAQS. Further, since 2006, no Billings monitor has registered a design value greater than 2.2 ppm, roughly 25% of the NAAQS.\5\ Citing these consistently low monitor values, and expressing a desire to conserve monitoring resources, the State has requested to discontinue CO monitoring in Billings and instead use an alternative strategy for monitoring maintenance of the CO NAAQS.
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\5\ See Table 2 below. Design values were derived from the EPA AirData (http://www.epa.gov/airdata/) Web site.
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The State's Alternative Monitoring Strategy utilizes ADT vehicle counts collected from permanent automatic traffic recorders in the Billings CO maintenance area to determine average monthly traffic during the traditional high CO concentration season of November through February. The State will compare the latest rolling 3-years of monthly ADT volumes to the 2008-2010 baseline ADT volumes (see Table 1) that correlate to the low CO monitored values during that period (see Table 2). 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.\6\ EPA agrees with the State's reasoning.
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\6\ See ``Review of National Ambient Air Quality Standards for Carbon Monoxide,'' 76 FR 54294, August 31, 2011.
Table 1--Traffic Volumes for Billings, Montana
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Rolling 2008-2010 ADT: November to February
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Billings (#A-
Month-Year 050)
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January 2008............................................ 32,778
February 2008........................................... 35,463
November 2008........................................... 35,832
December 2008........................................... 32,042
January 2009............................................ 33,256
February 2009........................................... 35,695
November 2009........................................... 37,121
December 2009........................................... 33,905
January 2010............................................ 32,340
February 2010........................................... 34,317
November 2010........................................... 33,885
December 2010........................................... 34,317
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Average............................................. 34,246
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Table 2--8-Hour CO Design Values for Billings, Montana
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Design Value (ppm) \7\ Year
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4.3..................................................... 2002
4.4..................................................... 2003
3.7..................................................... 2004
3.5..................................................... 2005
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2006
2.2..................................................... 2007
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2008
1.8..................................................... 2009
1.9..................................................... 2010
1.3..................................................... 2011
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If the rolling 3-year ADT value is 25% higher than the average value from the 2008-2010 baseline period of 34,246, the State will reestablish CO ambient monitoring in Billings the following high season (November-February). If the CO design value in that season has not increased from the baseline mean by an equal or greater rate at which ADT has increased, and the monitor values remain at or below 50% of the CO NAAQS (2nd max concentration Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);
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 (Public Law 104-4);
Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and
Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not 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, Reporting and recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 10, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
FR Doc. 2014-28390 Filed 12-1-14; 8:45 am
BILLING CODE 6560-50-P
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