[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3171-3172]
[FR Doc No: 2017-00087]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2014-0222; FRL-9956-55-Region 6]

Approval and Promulgation of Implementation Plans; Texas; Control
of Air Pollution From Visible Emissions and Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or Act), the
Environmental Protection Agency (EPA) is approving revisions to the
Texas State Implementation Plan (SIP) submitted by the State of Texas
that pertain to particulate matter and outdoor burning regulations. The
State submitted the SIP revisions in the years 1989, 2004, 2006 and
2014.

DATES: This rule is effective on February 10, 2017.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2014-0222. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information 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 either electronically through http://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Mr. Randy Pitre,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
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
proposal at 81 FR 74739 (October 27, 2016). In that document we
proposed to approve five Texas SIP revisions that pertain to
particulate matter and outdoor burning regulations. We did not receive
comments regarding our proposal.

II. Final Action

    We are approving the Texas SIP revisions dated from 1989, 2004,
2006 and 2014. Specifically, we are approving the August 21, 1989, and
June 9, 2006, submittals that repealed Rule 105.2 of the Texas
Administrative Code (TAC) (subsequently renumbered as 30 TAC Section
111.155 and repealed). We are also approving the July 18, 2006,
submittal that revises 30 TAC Section 111.203. We are also approving
the November 15, 2004, and July 18, 2006, submittals that revise 30 TAC
Section 111.209. We are also approving the March 3, 2014, submittal
that revises 30 TAC Section 111.211.

III. Incorporation by Reference

    In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.

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, 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 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. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.

    Dated: December 28, 2016.
Ron Curry,
Regional Administrator, Region 6.

0
40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270(c) the table titled ``EPA Approved Regulations in
the Texas SIP'' is amended by removing the entry for ``Rule 105.2''
under Chapter 111, Subchapter A, Division 5 and revising the entries
for sections 111.203, 111.209 and 111.211.
    The amendments read as follows:

Sec.  52.2270  Identification of plan

* * * * *
    (c) * * *

                                    EPA Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                  State approval/     EPA approval
        State citation           Title/subject     submittal date         date                Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Subchapter B--Outdoor Burning
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 111.203..............  Definitions.....         6/28/2006   1/11/2017,
                                                                     [Insert Federal
                                                                     Register
                                                                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Section 111.209..............  Exception for            6/28/2006   1/11/2017,
                                Disposal Fires.                      [Insert Federal
                                                                     Register
                                                                     citation].
Section 111.211..............  Exception for            1/15/2014   1/11/2017,
                                Prescribed Burn.                     [Insert Federal
                                                                     Register
                                                                     citation].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2017-00087 Filed 1-10-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 122 (Friday, June 24, 2011)]
[Notices]
[Pages 37161-37162]
[FR Doc No: 2011-15806]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: U.S. Securities and
Exchange Commission, Office of Investor Education and Advocacy,
Washington, DC 20549-0213.
Extension:
    Rule 19b-4 and Form 19b-4; OMB Control No. 3235-0045; SEC File No.
270-38.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 19b-
4 (17 CFR 240.19b-4) under the Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.).
    Section 19(b) of the Securities Exchange Act of 1934 (``Act'') (15
U.S.C. 78s(b)) requires each self-regulatory organization (``SRO'') to
file with the Commission copies of any proposed rule, or any proposed
change in, addition to, or deletion from the rules of such SRO. Rule
19b-4 (17 CFR 240.19b-4) implements the requirements of Section 19(b)
by requiring the SROs to file their proposed rule changes on Form 19b-4
and by clarifying which actions taken by SROs are deemed proposed rule
changes and so must be filed pursuant to Section 19(b).
    The collection of information is designed to provide the Commission
with the information necessary to determine, as required by the Act,
whether the proposed rule change is consistent with the Act and the
rules thereunder. The information is used to determine if the proposed
rule change should be approved or if proceedings should be instituted
to determine whether the proposed rule change should be disapproved.
    The respondents to the collection of information are self-
regulatory organizations (as defined by the Act), including national
securities exchanges, national securities associations, registered
clearing agencies and the Municipal Securities Rulemaking Board.

    Twenty-five respondents file an average total of 1,405 responses
per year. Each response takes approximately 38.057 hours to complete.
The total annual reporting burden for filing proposed rule changes is
53,470 hours. The respondents are required to post all proposed rule
changes to their Web sites, each of which takes approximately four
hours to complete. For 1,405 proposed rule changes, the total annual
reporting burden for posting them to respondents' Web sites is 5,620
hours. The respondents are required to update the postings of those
proposed rule changes which become effective (on average, 1,071 per
year), each of which takes approximately four hours to complete. The
total annual reporting burden for updating proposed rule change
postings on the respondents' Web sites is 4,284 hours. Thus, the total
estimated annual response burden pursuant to Rule 19b-4 and Form 19b-4
is the sum of the total annual reporting burdens for filing proposed
rule changes, posting them to the respondents' Web sites, and updating
the postings of those that become effective on the respondents, which
is 63,374 hours.
    Compliance with Rule 19b-4 is mandatory. Information received in
response to Rule 19b-4 shall not be kept confidential; the information
collected is public information. An agency may not conduct or sponsor,
and a person is not required to respond to, a collection of information
unless it displays a currently valid control number.
    The public may view the background documentation for this
information collection at the following Web site, http://www.reginfo.gov. Comments should be directed to (i) Desk Officer for
the Securities and Exchange Commission, Office of Information and
Regulatory Affairs, Office of Management and Budget, Room 10102, New
Executive Office Building, Washington, DC 20503, or by sending an e-
mail to<EMAIL_ADDRESS>and (ii) Thomas Bayer, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 6432 General Green Way, Alexandria, VA 22312 or send an
e-mail to<EMAIL_ADDRESS>Comments must be submitted to OMB
within 30 days of this notice.

    June 21, 2011.
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-15806 Filed 6-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Proposed Rules]
[Pages 34102-34106]
[FR Doc No: 2019-15107]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0320; FRL-9996-63-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Montana; East Helena Lead Nonattainment Area Maintenance Plan
and Redesignation Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Maintenance Plan, submitted by the State of Montana to the
EPA on October 28, 2018, for the East Helena Lead (Pb) nonattainment
area (East Helena NAA) and concurrently redesignating the East Helena
NAA to attainment of the 1978 Pb National Ambient Air Quality Standard
(NAAQS). The EPA is taking this action pursuant to the Clean Air Act
(CAA).

DATES: Written comments must be received on or before August 16, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-EPA-R08-OAR-2019-0320, 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 http://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 either electronically
in www.regulations.gov or in hard copy at the Air and Radiation
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. The 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: James Hou, Air and Radiation Division,
EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, Colorado,
80202-1129,<PHONE_NUMBER><EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.

I. Background

    The East Helena NAA is in southern Lewis and Clark County, and is
defined as a rectangle that includes both the community of East Helena
and unincorporated portions of southern Lewis and Clark County. On
November 6, 1991 (56 FR 56694), the East Helena area was designated as
nonattainment for the 1978 Pb NAAQS (1.5 [mu]g/m\3\). This designation
was effective on January 6, 1992 and required the State to submit a
CAA, title I, part D Pb nonattainment state implementation plan (SIP)
by July 6, 1993. On August 16, 1995, July 2, 1996 and October 20, 1998
the Governor of Montana submitted SIP revisions to meet the part D SIP
requirements. The control plan submitted as part of the East Helena Pb
attainment plan focused on limiting emissions from the ASARCO lead
smelter, which comprised the majority of lead emissions in the NAA, as
well as restricting emissions from the American Chemet Copper Furnace.
These emission reductions were further assisted through the complete
removal of lead in gasoline by 1995.
    On April 4, 2001, ASARCO shut down its lead smelter operations,
thereby eliminating 99.8 percent of all stationary source Pb emissions
in the NAA. The facility's three large smelter stacks were dismantled
in August 2009. On April 15, 2007, ASARCO's Title V permit expired, and
ASARCO's Montana Air Quality Permit was revoked in September 2013. The
former ASARCO site is currently an active Superfund site, with no
development possible until cleanup has been completed.
    On June 18, 2001 (66 FR 32760), the EPA partially approved and
partially disapproved the State's part D SIP submittals, which
satisfied the CAA's criteria for Pb nonattainment SIPs. In the June 18,
2001 action, the EPA also determined that the NAA had attained the 1978
Pb NAAQS, based on air monitoring data through the calendar year 1999.
The monitoring data used to determine attainment of the NAAQS included
data while the ASARCO facility was still operating.

II. Requirements for Redesignation

CAA Requirements for Redesignation of Nonattainment Areas

    The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) of the CAA
allows for redesignation provided that: (1) The Administrator
determines that the area has attained the applicable NAAQS; (2) the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k); (3) the Administrator determines that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP and applicable Federal air pollutant control regulations and other
permanent and enforceable reductions; (4) the Administrator has fully
approved a maintenance plan for the area as meeting the requirements of
CAA section 175A; and (5) the state containing such area has met all
requirements applicable to the area for purposes of redesignation under
section 110 and part D of title I of the CAA.

III. Review of the Montana State Submittal Addressing the Requirements
for Redesignation and Limited Maintenance Plans

Criteria (1)--Has the East Helena NAA attained the applicable NAAQS?

    Under section 179(c)(1), the EPA has the responsibility for
determining whether a nonattainment area has attained the Pb NAAQS. The
EPA must make an attainment determination as expeditiously as
practicable, but no later than 6 months after the attainment date for
the area. On June 18, 2001, the EPA determined that the East Helena NAA
attained the 1978 Pb NAAQS (66 FR 32763).

Criteria (2)--Does the East Helena NAA have a fully approved SIP under
Section 110(k) of the CAA?

    The EPA has approved the applicable Montana SIP for the East Helena
NAA under section 110(k) of the CAA for all requirements applicable for
purposes of redesignation. The EPA may rely on prior SIP approvals in
approving a redesignation request (see Calcagni Memorandum \1\ at p. 3)
plus any additional measures it may approve in conjunction with a
redesignation action. Following passage of the CAA of 1970, Montana has
adopted and submitted, and the EPA has fully approved provisions
addressing various SIP elements applicable for the 1978 lead NAAQS in
the East Helena Pb NAA. See 66 FR 32760.
---------------------------------------------------------------------------

    \1\ September 4, 1992 memo from John Calcagni, entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment.''
---------------------------------------------------------------------------

Criteria (3)--Has the East Helena Pb NAA met all the applicable
requirements under Section 110 and Part D of the CAA?

General SIP Requirements
    General SIP elements and requirements are delineated in section
110(a)(2) of title I, part A of the CAA. These requirements include,
but are not limited to, the following: Submittal of a SIP that has been
adopted by the state after reasonable public notice and hearing;
provisions for establishment and operation of appropriate procedures
needed to monitor ambient air quality; implementation of a source
permit program; provisions for the implementation of part C
requirements (Prevention of Significant Deterioration (PSD)) and
provisions for the implementation of part D requirements (New Source
Review (NSR) permit programs); provisions for air pollution modeling;
and provisions for public and local agency participation in planning
and emission control rule development.
Title I, Part D--Applicable SIP Requirements
    Subpart 1 of part D, found in sections 172-176 of the CAA, sets
forth the basic nonattainment requirements applicable to all
nonattainment areas. All areas that were designated nonattainment for
the 1978 lead NAAQS were designated under Subpart 1 in accordance with
the deadlines in Subpart 5. For purposes of evaluating this
redesignation request, the applicable Subpart 1 SIP requirements for
all nonattainment areas are contained in sections 172(c)(1)-(9) and in
section 176. A thorough discussion of the requirements contained in
sections 172 and 176 can be found in the General Preamble for
Implementation of title I. See 57 FR 13498 (April 16, 1992).
Subpart 1, Section 172--Requirements
    Section 172 requires states with nonattainment areas to submit
attainment plans providing for timely attainment and meeting a variety
of other requirements. The EPA's longstanding interpretation of the
nonattainment planning requirements of section 172 is that once an area
is attaining the NAAQS, those requirements are not ``applicable'' for
purposes of CAA section 107(d)(3)(E)(ii) and therefore need not be
approved into the SIP before the EPA can redesignate the area. In the
1992 General Preamble for Implementation of Title I, the EPA set forth
its interpretation of applicable requirements for purposes of
evaluating redesignation requests when an area is attaining a standard.
See 57 FR 13498,

13564 (April 16, 1992). The EPA noted that the requirements for
reasonable further progress (RFP) and other measures designed to
provide for attainment do not apply in evaluating redesignation
requests because those nonattainment planning requirements ``have no
meaning'' for an area that has already attained the standard. Id. This
interpretation was also set forth in the Calcagni Memorandum. The EPA's
understanding of section 172 also forms the basis of its Clean Data
Policy, which suspends a state's obligation to submit most of the
attainment planning requirements that would otherwise apply, including
an attainment demonstration and planning SIPs to provide for RFP,
reasonably available control measures (RACM), and contingency measures
under section 172(c)(9).
    As noted above, EPA already approved Montana's attainment plan for
the Area. See 66 FR 32760 (June 18, 2001). Among other things, the
approved attainment plan satisfied the section 172(c)(1) requirements
for RACM; 172(c)(2) requirements related to RFP; 172(c)(3) requirements
for an emissions inventory; 172(c)(6); and 172(c)(9) requirements for
contingency measures.
    Section 172(c)(4) requires the identification and quantification of
allowable emissions for major new and modified stationary sources to be
allowed in an area, and section 172(c)(5) requires source permits for
the construction and operation of new and modified major stationary
sources anywhere in the nonattainment area. 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 nonattainment areas. 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,
most recently approved on July 18, 1995 (60 FR 36715) at Administrative
Rules of Montana (ARM) Subchapter 8. Montana also has a fully approved
PSD program, most recently approved on July 18, 1995 (60 FR 36715).
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.
    Section 172(c)(7) requires the SIP to meet the applicable
provisions of section 110(a)(2). As noted above, the Montana SIP meets
the requirements of section 110(a)(2) applicable for purposes of
redesignation.
    Section 172(c)(8) allows a state to use equivalent modeling,
emission inventory, and planning procedures if such use is requested by
the state and approved by the EPA. Montana has not requested the use of
equivalent techniques under section 172(c)(8).
Section 176--Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that the EPA promulgated pursuant to its authority under the CAA. In
light of the elimination of lead additives in gasoline, transportation
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November
12, 2008).

Criteria (4)--Has the State demonstrated that the air quality
improvement is due to permanent and enforceable reductions?

    For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the air quality improvement in the
area is due to permanent and enforceable reductions in emissions
resulting from implementation of the SIP, applicable Federal air
pollution control regulations, and other permanent and enforceable
reductions (CAA section 107(d)(3)(E)(iii)). The EPA has determined that
Montana has demonstrated that the observed air quality improvement in
the East Helena NAA is due to permanent and enforceable reductions in
emissions.
    In the EPA's June 18, 2001 approval of the State of Montana's
attainment plan (66 FR 32760), three major sources of Pb were
identified in the East Helena NAA: The ASARCO Smelter complex; re-
entrained dust from the roads of East Helena; and the American Chemet
Corporation's copper oxide manufacturing facility. The East Helena
attainment plan contained Pb control measures for these three sources,
needed to attain the NAAQS to satisfy the section 172(c) RACM
requirement. The EPA approved these controls as RACM/reasonably
available control technology (RACT) and incorporated them into the SIP,
making them permanent and enforceable SIP measures to meet the
requirement of the CAA and the 1978 NAAQS. See (66 FR 32760).
    On April 4, 2001, ASARCO shut down its lead smelter operations,
thereby eliminating the largest source of Pb emissions in the NAA. The
facility's three large smelter stacks were dismantled in August 2009.
On April 15, 2007, ASARCO's Title V permit expired, and the ASARCO
Montana Air Quality Permit was revoked in September 2013. With the
removal of ASARCO lead smelter emissions, more than 99.8 percent of the
lead emissions from all stationary sources in the NAA were permanently
removed.
    On June 10, 2013, the State of Montana submitted a request to
remove stipulations limiting the allowable concentration of lead in raw
feed at the American Chemet Corporation's East Helena facility. In
order to approve the SIP revision, the EPA requested that the Montana
Department of Environmental Quality (MDEQ) provide modeling to
demonstrate noninterference with the attainment and maintenance of the
Pb NAAQS and that the State finalize the revocation of ASARCO's permit.
The EPA subsequently approved the requested SIP revision after the
revocation of ASARCO's permit and after modeling showed a Pb
concentration for the NAA of 0.14 [mu]g/m\3\. This modeled
concentration is an order of magnitude lower than the applicable 1978
Pb NAAQS (1.5 [mu]g/m\3\). See 83 FR 13196. Due to the closure of
ASARCO, and based on recent modeling for the NAA, the EPA considers the
Pb emission reductions in the NAA to be permanent and enforceable.

Criteria (5)--Does the area have a fully approved maintenance plan
pursuant to Section 175A of the CAA?

    For redesignating a nonattainment area to attainment, the CAA
requires the EPA to determine that the area has a fully approved
maintenance plan pursuant to section 175A of the CAA. See CAA section
107(d)(3)(E)(iv). In conjunction with its request to redesignate the
East Helena Pb NAA to attainment for the 1978 Pb NAAQS, MDEQ submitted
a SIP revision to provide for maintenance of the 1978 Pb NAAQS for at
least 10 years after the

effective date of redesignation to attainment. The EPA believes that
this maintenance plan meets the requirements for approval under section
175A of the CAA.
Maintenance Plan Requirements
    Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan
demonstrating that attainment will continue to be maintained for the 10
years following the initial 10-year period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures as the EPA deems necessary to assure prompt
correction of any future 1978 lead violations. The Calcagni Memorandum
provides further guidance on the content of a maintenance plan,
explaining that a maintenance plan should address five requirements:
the attainment emissions inventory; maintenance demonstration;
monitoring; verification of continued attainment; and a contingency
plan. As is discussed more fully below, the EPA has preliminarily
determined that Montana's maintenance plan includes all the necessary
components and is thus proposing to approve it as a revision to the
Montana SIP.
Attainment Emission Inventory
    The State of Montana submitted to the EPA emissions inventories for
the East Helena NAA as part of their attainment plan that identified a
level of emissions in the NAA that would be sufficient to attain the
1978 Pb NAAQS. As noted above, the EPA approved the attainment plan and
determined that the area had attained the 1978 Pb NAAQS on June 18,
2001 (66 FR 32760). The controlled emissions inventory for ASARCO and
American Chemet were 64.7 tons per year (tpy) and 0.0615 tpy,
respectively.
Maintenance Demonstration
    A state may generally demonstrate maintenance of the 1.5 [mu]g/m\3\
standard by either showing that future Pb emissions will not exceed the
level of the attainment inventory, or by modeling to show that the
future mix of sources and emission rates will not cause a violation of
the 1978 Pb NAAQS. The demonstration should be for a period of ten
years following the redesignation, e.g., until 2028 for the maintenance
plan update. The state demonstrates attainment of the standard using
the attainment inventory since it is based on maximum permitted
allowable emissions and Pb emissions are not expected to increase over
the maintenance period. As a result of the closure of the major source
of Pb emissions in the NAA, current Pb emissions in the Montana
Maintenance Plan emission inventory represent less than 1 percent of
the 1995 control plan stationary source emissions.
    Further, on March 28, 2018, the EPA approved revisions to the East
Helena Pb portion of the Montana SIP, submitted on September 13, 2013,
which relied on dispersion modeling. Dispersion modeling is a more
sophisticated means of demonstrating maintenance because it
incorporates meteorology, topography, and source characteristics in
addition to permitted allowable emissions rates. The EPA reviewed the
supplied modeling analysis and agreed that the methodology was done in
accordance with 40 CFR part 51, Appendix W and the EPA's ``Guideline on
Air Quality Models.'' The AERMOD modeling analysis, conducted in
accordance with Appendix W and the Guideline on Air Quality Models,
used the emission limits in the SIP, located in Condition II.A.4.b of
the 1995 Board Order, of 0.007 lb/hr and the results show a
concentration of 0.14 [mu]g/m\3\ (which includes background
concentrations).Therefore, East Helena is below the Pb NAAQS threshold
for the applicable 1978 Pb NAAQS of 1.5 [mu]g/m\3\. The submitted
modeling analysis used background concentrations of lead based off lead
monitoring results that were performed during the three quarters
immediately after the ASARCO facility ceased operations in April of
2001 (See 83 FR 1602). No significant changes in modeling inputs have
occurred since the September 11, 2013 submittal and none are
anticipated through the maintenance period. Therefore, the EPA finds
that Montana has demonstrated maintenance of the 1978 Pb NAAQS.
Monitoring Network and Verification of Continued Attainment
    Following the EPA's June 18, 2001 determination of attainment for
the 1978 Pb NAAQS for the East Helena NAA, and the permanent removal of
Pb emission in the area due to ASARCO's closure, MDEQ discontinued the
operation of all Pb monitors in the NAA. MDEQ has confirmed that the
State commits to resume monitoring before any major source of Pb
commences to operate. If a new major source of Pb locates within the
East Helena NAA and the source modeling indicates that the Pb impacts
are greater than 75 percent of the current NAAQS including background,
the source will be required to install appropriate Pb monitoring for a
period of no less than three years to assure that the current NAAQS are
adequately protected within the NAA. Moreover, Montana's PSD program
requires that permit applicants conduct preconstruction monitoring to
identify baseline concentrations. Notably, the applicable NAAQS that a
major Pb source be evaluated against, would be for the more stringent
and current 2008 Pb NAAQS of 0.15 [mu]g/m\3\ as opposed to the 1978
NAAQS of 1.5 [mu]g/m\3\.
Contingency Provisions
    The East Helena NAA Pb Maintenance Plan includes the State's
commitment to continue to implement and enforce measures necessary to
maintain the Pb NAAQS. MDEQ's current operating permit program places
limits on Pb emissions from existing sources. Should an existing
facility (such as Chemet) want to upgrade or increase Pb emissions, the
facility would be subject to the PSD program. Should a new facility be
constructed in the East Helena maintenance area, the facility would
also be subject to PSD as required in the Calcagni Memo. If these
measures prove insufficient to protect against exceedances of the
NAAQS, the State of Montana has also committed to adopt, submit as a
SIP revision, and implement expeditiously any and all measures needed
to ensure maintenance of the NAAQS.
    The Calcagni Memo emphasizes the importance of specific contingency
measures, schedules for adoption, and action levels to trigger
implementation of the contingency plan. Since there are no major
sources of Pb emissions remaining in the NAA from the original 1995
East Helena Pb Attainment SIP, ambient Pb monitoring was discontinued
in 2001 when ASARCO shut down and the State's contingency plan will
focus on new sources or modifications of existing permitted sources, we
conclude that the State's commitment satisfactorily addresses the CAA
provisions.
    Since there are neither significant Pb sources nor ambient Pb
monitoring in the East Helena maintenance area, we agree with the State
that any new source planning to locate within the maintenance area or
existing source proposing a significant increase in Pb emissions would
be subject to Montana's SIP-approved major NSR and

minor source permitting programs.\2\ Thus, we find that MDEQ's
permitting program is sufficient to track future air quality trends and
to assure that the East Helena maintenance area will not violate the
NAAQS. If the State identifies the potential for a NAAQS violation
through the permitting process, the State would ascertain what measures
would be needed to avoid the violation.
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    \2\ ARM Title 17, Chapter 8, Subchapters 7, 8, 9, and 10.
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Has the State met transportation and general conformity requirements?
    Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs, and projects that are developed, funded, or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement, and enforceability
that the EPA promulgated pursuant to its authority under the CAA. In
light of the elimination of lead additives in gasoline, transportation
conformity does not apply to the lead NAAQS. See 73 FR 66964 (November
12, 2008).

IV. Proposed Action

    After review and analysis of Montana's submittal, the EPA is
proposing to take the following actions pursuant to section 110 of the
CAA: Redesignate the East Helena, Montana Pb nonattainment area to
attainment for the 1978 Pb NAAQS; and approve Montana's October 28,
2018 SIP revision for continued maintenance and attainment of the 1978
Pb NAAQS in East Helena, Montana.

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 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.

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

    Dated: July 11, 2019.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2019-15107 Filed 7-16-19; 8:45 am]
BILLING CODE 6560-50-P