[Federal Register Volume 66, Number 156 (Monday, August 13, 2001)]
[Rules and Regulations]
[Pages 42427-42439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19872]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52, 60, 61 and 62

[MT-001-0018a, MT-001-0019a, MT-001-0020a, MT-001-0022a, MT-001-0023a; 
MT-001-0031a; FRL-7026-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action partially approving and 
partially disapproving State Implementation Plan (SIP) revisions 
submitted by the Governor of Montana on September 19, 1997; December 
10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These 
submitted revisions are intended to recodify and modify the State's air 
quality rules so that they are consistent with Federal requirements, 
minimize repetition in the air quality rules, and clarify existing 
provisions. They also contain Yellowstone County's Local Regulation No. 
002--Open Burning. We are also announcing that on May 16, 2001 we 
delegated the authority for the implementation and enforcement of the 
New Source Performance Standards (NSPS) to the State. We are updating 
the NSPS and National Emissions Standards for Hazardous Air Pollutants 
(NESHAP) ``Status of Delegation Tables'' and the names and addresses of 
the Regional Office and State Offices in the Region. We are also 
updating regulations to indicate that Montana provided a negative 
declaration. EPA is either not acting on or disapproving certain 
provisions of the State's air quality rules that should not be in the 
SIP because they are not generally related to attainment of the 
National Ambient Air Quality Standards (NAAQS) or they are inconsistent 
with our SIP requirements. Finally, some provisions of the rules will 
be acted on at a later date. This action is being taken under sections 
110 and 111 of the Clean Air Act.

DATES: This rule is effective on October 12, 2001 without further 
notice, unless EPA receives adverse comment by September 12, 2001. If 
adverse comment is received, EPA will before October 12, 2001 publish a 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect. The NSPS delegation of 
authority to Montana became effective on 5/16/2001.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado, 
80202. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air and 
Radiation Program, Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202 and copies of the 
Incorporation by Reference material are available at the Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State 
documents relevant to this action are available for public inspection 
at the Montana Department of Environmental Quality, Air and Waste 
Management Bureau, 1520 E. 6th Avenue, Helena, Montana 59620.

FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA Region 8, (303) 
312-6437.

SUPPLEMENTARY INFORMATION: For the purpose of this document, we are 
giving meaning to certain words as follows: (a) The words ``EPA,'' 
``we,'' ``us'' or ``our'' mean or refer to the United States 
Environmental Protection Agency. (b) The words State or Montana mean 
the State of Montana unless the context indicates otherwise. (c) The 
initials MDEQ mean the Montana Department of Environmental Quality.
    On June 15, 2001, EPA published a direct final rule (66 FR 32545) 
partially approving and partially disapproving, and a parallel proposed 
rule (66 FR 32594) proposing to partially approve and partially 
disapprove, the SIP revisions submitted by the Governor of Montana on 
September 19, 1997; December 10, 1997; April 14, 1999; December 6, 
1999; and March 3, 2000. The direct final rule was scheduled to become 
effective on August 14, 2001, if EPA did not before that date withdraw 
the rule, possibly in response to submission of an adverse comment. In 
separate actions published today, we are withdrawing both the June 15, 
2001, direct final rule and parallel proposed rule because the 
documents contain a number of errors that we had independently 
identified and wanted to correct before the direct final rule would 
have otherwise become effective on August 14, 2001. In the withdrawal 
actions, we indicate that we intend to issue another direct final rule 
and a parallel proposed rule correcting these errors and addressing the 
Governor of Montana's September 19, 1997, December 10, 1997, April 14, 
1999, December 6, 1999, and March 3, 2000, submittals.

[[Page 42428]]

    This document is the subsequent direct final rule which addresses 
the Governor of Montana's September 19, 1997, December 10, 1997, April 
14, 1999, December 6, 1999, and March 3, 2000 submittals and corrects 
the errors we committed in our June 15, 2001, actions as discussed in 
our withdrawal action. In addition to the errors identified in our 
withdrawal actions, we have made some additional changes. We expanded 
the Summary and Final Action paragraphs; revised the regulatory text 
for 40 CFR 52.1370(c)(49) to (1) make it clearer, (2) indicate that the 
Governor's submittals also include the Yellowstone County Open Burning 
Regulation, (3) remove the incorporation by reference of the State's 
new stack height rules and indicate that the prior stack height rules 
still remain in the approved SIP, and (4) add another document to the 
list of Additional Material; expanded section II.B.2.a, below; and made 
minor editorial changes.

I. What Is the Purpose of This Document?

    In this document we are acting on five SIP revisions, submitted by 
the Governor of Montana on September 19, 1997; December 10, 1997; April 
14, 1999; December 6, 1999; and March 3, 2000, which modify the Montana 
air quality rules. The revisions are intended to make the rules 
consistent with Federal requirements, minimize repetition in the air 
quality rules, and clarify existing provisions. This document explains 
our action in response to the five submittals.
    The September 19, 1997 submittal is a recodification (renumbering) 
of the State air quality rules. The December 10, 1997 submittal updates 
the incorporation by reference (IBR) of various documents in the State 
air quality rules. The April 14, 1999 submittal consists of various air 
quality rule revisions the State made between 1995 to 1998 but which 
had not previously been submitted to us. The December 6, 1999 submittal 
revises the State's open burning rules and adopts Yellowstone County's 
Local Regulation No. 002--Open Burning. The March 3, 2000 submittal 
again updates the IBR of various documents in the State's rules and 
corrects references to an EPA Handbook for Air Pollution Measurement 
Systems.

II. Is the State's Submittal Approvable?

    We reviewed the five submittals and placed each rule (or section of 
a rule) into a category based on the changes that were made in the rule 
and/or our action on the rule. The first category (see II.A. below) 
consists of those rules (or sections of rules) which have been 
recodified; there are no substantive changes in the text of the rules. 
We are approving these recodified rules. The second category (see II.B 
below) consists of those rules (or sections of rules) for which, in 
addition to being recodified, the text of the rule was modified. A 
discussion of whether or not the text changes are approved or 
disapproved is provided below. The third category (see II.C. below) 
includes those rules we cannot approve in the SIP. A discussion of why 
these rules cannot be approved in the SIP is provided below. Finally, 
the fourth category (see II.D. below) identifies those rules that we 
will act on at a later date.

A. Category 1

    We are approving the following sections of the Administrative Rules 
of Montana (ARM) because the rules have only been recodified; there are 
no substantive changes in the text of the rules. These recodified rules 
replace the prior codified rules in the federally approved SIP.
1. Subchapter 1--General Provisions
    ARM sections 17.8.101 (except 17.8.101(40)(a)), 17.8.105(1), 
17.8.110(3), 17.8.111, 17.8.130-131, 17.8.140-142;
2. Subchapter 3--Emission Standards
    ARM sections 17.8.301, 17.8.304 (except 17.8.304(4)(f)), 17.8.308, 
17.8.316, 17.8.320, 17.8.322-323, 17.8.324 (except 17.8.324(1)(c) and 
(2)(d)), 17.8.325-326, 17.8.330-331, 17.8.333-334;
3. Subchapter 6--Open Burning
    ARM sections 17.8.605, 17.8.614-615;
4. Subchapter 7--Permit, Construction, and Operation of Air Contaminant 
Sources \1\
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    \1\ The recodification contains paragraphs ARM 17.8.705(1)(q), 
17.8.708, and 17.8.733(1)(c) (formerly ARM 16.8.1102(1)(q), 
16.8.1121 and 16.8.1113(1)(c), respectively) that had been adopted 
by the State on August 8, 1996 but had not been submitted to us 
prior to the recodification submittal. Revisions to ARM 17.8.705(1) 
and (2), 17.8.708 (repealed), and 17.8.733(1)(b) and (c) were 
subsequently adopted by the State on May 14, 1999. The August 8, 
1996 and May 14, 1999 adopted revisions were submitted to EPA on 
August 26, 1999. With this document we are not approving ARM 
17.8.705(1)(q), 17.8.708 and 17.8.733(1)(c) submitted with the 
recodification. We are addressing the August 26, 1999 submittal and 
these recodified rules in a separate rulemaking action.
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    ARM sections 17.8.701 (except 17.8.701(10)), 17.8.704(1), (3)-(5), 
17.8.705(1)(a)-(n), 17.8.706-707, 17.8.710, 17.8.715-717, 17.8.730-732, 
17.8.733 (except (17.8.733(1)(c)), 17.8.734;
5. Subchapter 8--Prevention of Significant Deterioration \2\
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    \2\ In the State definition of ``baseline area,'' ARM 
17.8.801(3)(a), it reads `` * * * equal to or greater than 1 g/m\3\ 
(annual average) * * *'' This should read `` * * * equal to or 
greater than 1 g/m\3\ (annual average) * * *'' The State 
must correct this error in its next regulatory update.
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    ARM sections 17.8.801 (except 17.8.801(29)(a)), 17.8.804-809, 
17.8.818-828;
6. Sub-Chapter 9--Permit Requirements for Major Stationary Sources or 
Major Modifications Locating Within Non-attainment Areas
    ARM sections 17.8.901 (except 17.8.901(14)(c) and 901(20)(a)), 
17.8.904-906;
7. Subchapter 10--Preconstruction Permit Requirements for Major 
Stationary Sources or Major Modifications Locating Within Attainment or 
Unclassified Areas
    ARM sections 17.8.1001, 17.8.1006-1007; and
8. Subchapter 11--Visibility Impact Assessment
    ARM sections 17.8.1101(2) and (3), 17.8.1106(2), 17.8.1108, 
17.8.1109(2) and (3), and 17.8.1110.

B. Category 2

    The second category consists of those rules (or sections of rules) 
for which, in addition to being recodified, the text of the rule has 
been modified. A discussion of the modification to each rule (or 
section of a rule) and whether or not the text changes are approved or 
disapproved is provided below. The recodified and modified rules that 
we are approving replace the prior codified rules in the federally 
approved SIP.
    1. Subchapter 1--General Provisions (a) Definitions--ARM 
17.8.101(40)(a). On October 6, 1995, June 21, 1996 and June 12, 1998, 
the State adopted revisions to the definition of ``volatile organic 
compounds (VOC)'' in ARM 17.8.101(40)(a) (formerly ARM 
16.8.701(40)(a)). The State revised the definition to coincide with 
revisions to the federal definition. Since the definition of VOC is 
consistent with our definition we are approving ARM 17.8.101(40)(a) 
into the SIP.
    (b) Incorporation by Reference--ARM sections 17.8.102 and 
17.8.103(1)-(4). On June 21, 1996, the State adopted revisions to its 
incorporation by reference of documents and other statutory references 
contained in the State's air quality rules, to update the references to 
the July 1995 edition of the Code of Federal Regulations (CFR), 1995 
edition of the Montana Code Annotated

[[Page 42429]]

(MCA), 1993 edition of the United States Code, and December 31, 1995 
edition of the Administrative Rules of Montana. With this revision, the 
State deleted duplicative rules and combined existing incorporation by 
references into new rules. The State also made several non-substantive 
amendments for consistency, to delete unnecessary language and to make 
the language in the rules conform to current rule drafting 
requirements. The following sections of the rules were modified or 
added: ARM 17.8.102 (formerly ARM 16.8.710) and ARM 17.8.103(1)-(4) 
(formerly ARM 16.8.708(1)-(2)).
    On August 22, 1997, the State again adopted updates to its 
incorporation by reference section of the Administrative Rules of 
Montana to specify additional sources for obtaining federal material 
incorporated by reference, and to incorporate the July 1996 edition of 
the CFR and the December 31, 1996 edition of the Administrative Rules 
of Montana. The following sections were revised: ARM 17.8.102 and ARM 
17.8.103(3).
    On June 12, 1998, the State again adopted revisions to incorporate 
the July 1997 edition of the CFR, the 1997 edition of the MCA and the 
December 31, 1997 edition of the Administrative Rules of Montana into 
ARM 17.8.102.
    On September 24, 1999, the State again adopted revisions to 
incorporate the July 1998 edition of the CFR and the December 31, 1998 
edition of the Administrative Rules of Montana into ARM 17.8.102 and 
the reference to EPA's ``Quality Assurance Handbook for Air Pollution 
Measurement Systems'' into ARM 17.8.103.
    We are approving ARM sections 17.8.102 and 17.8.103(1)-(4) into the 
SIP.
    (c) Testing Requirements--ARM 17.8.105(2). On June 21, 1996 the 
State adopted a minor revision in ARM 17.8.105(2) (formerly ARM 
16.8.704(2)) to include a reference to another State rule. In addition, 
on June 21, 1996 the State deleted and did not replace ARM 16.8.704(3). 
State rule ARM 16.8.704(3) incorporated by reference 40 CFR part 51, 
Appendix P. This incorporation was duplicative of ARM 16.8.708(1)(d) 
(now ARM 17.8.103(1)(d)) which also incorporated by reference 40 CFR 
part 51, Appendix P. We are approving the revision of ARM 17.8.105(2) 
into the SIP and the deletion of ARM 16.8.704(3) from the SIP.
    (d) Source Testing Protocol--ARM 17.8.106. On September 24, 1999 
the State adopted revisions to ARM 17.8.106 to correct the reference to 
EPA's ``Quality Assurance Handbook for Air Pollution Measurement 
Systems.'' We are approving the revisions to ARM 17.8.106 into the SIP.
    (e) Malfunctions--ARM 17.8.110(1), (2), (4), (5), (6), and (7). On 
October 6, 1995, the State adopted revisions to its malfunction rule in 
ARM 17.8.110(7) (formerly ARM 16.8.705(7)). The revised State rule 
allows a facility to respond to a malfunction of equipment on a 
temporary basis without obtaining an air quality permit. Because the 
revisions require that if the temporary replacement equipment 
constitutes a major stationary source under sub-chapters 8, 9, and 10, 
then the source must comply with the requirements of the applicable 
sub-chapter, we believe the revision is acceptable. In addition to the 
temporary replacement revisions, on October 6, 1995 the State also made 
several editorial and clarifying revisions in the malfunction rule, ARM 
17.8.110(1), (2), (4), (5) and (6) (formerly ARM 16.8.705(1), (2), (4), 
(5) and (6)). We are approving the revisions to ARM 17.8.110(1), (2), 
(4), (5), (6), and (7) into the SIP.
2. Subchapter 3--Emission Standards
    (a) Incorporation by Reference --ARM 17.8.302(1)-(4). On May 19, 
1995, the State adopted revisions to add ARM 17.8.302(1)(b) and (c) 
(formerly ARM 16.8.1429(2)(b) and (c)). This revision incorporated by 
reference 40 CFR part 60, Appendix A, Method 9, and 40 CFR part 60 
Appendix B, performance specification 1. This revision occurred at the 
same time the State adopted revisions to the Kraft Pulp Mill rule. See 
the discussion of the Kraft Pulp Mill rule in section II.D.1 below.
    On August 9, 1996 the State adopted revisions reformatting the 
incorporation by reference of documents in ARM 17.8.302(1)(a)-(h) and 
(2)-(4) and adding ARM 17.8.302(1)(i) (formerly ARM 16.8.1429(1)(a)-(h) 
and (2)-(4) and 16.8.1429(1)(i), respectively). State rule ARM 
17.8.302(1)(i) incorporates by reference 40 CFR part 63.
    On June 20, 1997, the State adopted revisions to ARM 17.8.302(1) by 
adding 17.8.302(1)(j). State rule ARM 17.8.302(1)(j) incorporates by 
reference 40 CFR part 60, subpart Cc.
    As indicated in the General Provisions section II.B.1(b) above, on 
August 22, 1997, the State again adopted updates to its incorporation 
by reference of documents. State rule ARM 17.8.302(3) was revised.
    On June 12, 1998 the State adopted more revisions to update the 
incorporation by reference of documents in ARM 17.8.302(1)(e) and (i). 
State rule ARM 17.8.302(1)(e) was revised to incorporate by reference 
our final rule published on October 7, 1997 (62 FR 52399), entitled 
``Determination of Total Fluoride Emissions from Selected Sources of 
Primary Aluminum Production Facilities.'' State rule ARM 17.8.302(1)(i) 
was revised to incorporate by reference our final rule published on 
October 7, 1997 (62 FR 52407), entitled ``National Emission Standards 
for Hazardous Air Pollutants from Primary Reduction Facilities.''
    On November 6, 1998 the State adopted revisions to ARM 17.8.302(1) 
by adding 302(1)(k). State rule ARM 17.8.302(1)(k) incorporates by 
reference 40 CFR part 60, subpart Ce.
    On September 24, 1999, the State adopted more revisions to ARM 
17.8.302(1) to remove superfluous language since a more current version 
of the CFR is being incorporated elsewhere. As a result, the September 
24, 1999 revision deleted some of the prior adopted revisions mentioned 
above.
    We are approving ARM 17.8.302(1)-(4) into the SIP.
    (b) Visible Air Contaminants--ARM 17.8.304(4)(f). On May 19, 1995, 
the State adopted revisions to its rules by adding ARM 17.8.304(4)(f) 
(formerly 16.8.1404(4)(f)). This pertains to opacity from recovery 
furnaces at Kraft Pulp Mills. As indicated in section II.D.1 below, we 
will act on the revisions pertaining to the Kraft Pulp Mill Rule at a 
later date. Therefore, we are not approving ARM 17.8.304(4)(f) into the 
SIP at this time.
    (c) Fuel Burning--ARM 17.8.309 and ARM 17.8.310. On October 6, 
1995, the State adopted revisions to the particulate emission limits 
for fuel burning equipment and industrial processes (ARM 17.8.309 and 
17.8.310, formerly, ARM 16.8.1402 and 16.8.1403, respectively). The 
State re-wrote and re-formatted the provisions in ARM 17.8.309(1) and 
(2) (formerly ARM 16.8.1402(1) and (2)) and ARM 17.8.310(1) and (2) 
(formerly ARM 16.8.1403(1) and (2)). We believe the revisions to these 
sections do not change the stringency of the rule and are approving 
them. However, the State added provisions to the rules with ARM 
17.8.309(5)(b) and 17.8.310(3)(e) (formerly ARM 16.8.1402(5) and ARM 
16.8.1403(3)(e)). State rules ARM 17.8.309(5)(b) and 17.8.310(3)(e) 
provide an exception that the rules do ``* * * not apply to particulate 
matter emitted from * * * sources constructed after March 16, 1979, 
that have a specific particulate emission limitation contained in an 
air quality preconstruction permit obtained under ARM Title 17, Chapter 
8, sub-chapter 7, a court order, board order or department order, or a 
process specific rule.'' We

[[Page 42430]]

interpret this language as allowing terms of a construction permit to 
override a requirement that has been approved as part of the SIP. We 
cannot approve this part of the provision into the SIP, as it would 
allow the State to change a SIP requirement through the issuance of a 
permit. Pursuant to section 110 of the Act, to change a requirement of 
the SIP, the State must adopt a SIP revision and obtain our approval of 
the revision. Alternatively, EPA's March 5, 1996 ``White Paper Number 2 
for Improved Implementation of the Part 70 Operating Permits Program'' 
explains how States can streamline multiple applicable requirements for 
the same emission unit under the part 70 permit process. Such process 
must ensure that the streamlined emission limit is at least as 
stringent as all applicable emission limits for an emissions unit. This 
streamlining can only be allowed through the part 70 permit process, in 
which we have the opportunity to review the streamlined requirements 
and the ability to veto the part 70 permit if the streamlined 
requirement is not as stringent as each separate applicable 
requirement. Because we do not have veto authority under the Prevention 
of Significant Deterioration (PSD) or minor source permitting programs, 
we do not allow the State to streamline requirements through either of 
those construction permitting programs. Therefore, we are approving ARM 
17.8.309 and ARM 17.8.310 into the SIP, except that we are disapproving 
ARM 17.8.309(5)(b) and 17.8.310(3)(e).
    (d) Hydrocarbon Emissions, Petroleum Products--ARM 17.8.324(1)(c) 
and (2)(d). On December 6, 1996, the State adopted a new numbering 
system for the air rules. We are disapproving ARM 17.8.324(1)(c) and 
(2)(d) (formerly ARM 16.8.1425(1)(c) and (2)(d), respectively). We 
previously disapproved these rules under the prior codification. See 
July 18, 1995 (60 FR 36768) notice and 40 CFR 52.1384(c). Our prior 
disapproval also applies to the new codification. We are modifying 40 
CFR 52.1384(c) accordingly.
    (e) Emission Standards for Existing Aluminum Plants--Standards for 
Visible Emissions--ARM 17.8.332. As indicated in the General Provisions 
section II.B.1(b) above, on June 21, 1996 the State adopted revisions 
to its incorporation by reference of documents. State rule ARM 
17.8.332(1) (formerly ARM 16.8.1503(1)) was modified and ARM 
16.8.1503(2) was deleted. State rule ARM 16.8.1503(2) incorporated by 
reference method 9 of Appendix A of 40 CFR part 60. This was 
duplicative of the incorporation by reference material being added with 
ARM 16.8.1507(1)(a). On November 7, 1996 the state repealed ARM 
16.8.1507 because, with the recodification of the rules, sub-chapters 
14 and 15 were combined, making ARM 16.8.1507 unnecessary since sub-
chapter 14 already had a rule incorporating by reference the same 
documents being incorporated in sub-chapter 15. Therefore, the material 
incorporated by reference in ARM 16.8.1503(2) is now incorporated by 
reference at ARM 17.8.302(1)(b). We are approving the revision of ARM 
17.8.332 into the SIP and the deletion of ARM 16.8.1503(2) from the 
SIP.
3. Subchapter 6--Open Burning
    (a) Incorporation by Reference and Minor Changes--ARM sections 
17.8.602, 17.8.604 and 17.8.612(6). On January 20, 1995, the State 
adopted revisions to its Open Burning Rules (ARM 17.8.604 and 
17.8.612(6) (formerly ARM 16.8.1302 and 16.8.1307(6), respectively)). 
The State revised the rules to correct incorrect wording, insert a 
missing rule reference and correct a reference to the Division.
    As indicated in the General Provisions section in II.B.1(b) above, 
on June 21, 1996 the State adopted revisions to its incorporation by 
reference of documents. The following sections were modified: ARM 
17.8.602 (formerly ARM 16.8.1311) and ARM 17.8.604(1)-(2) (formerly ARM 
16.8.1302(1)-(3)).
    As indicated in the General Provisions section in II.B.1(b) above, 
on August 22, 1997, the State again adopted updates to its 
incorporation by reference of documents. State rule ARM 17.8.602(3) was 
revised.
    On July 2, 1999, the State revised ARM 17.8.612(6) to update the 
MDEQ's telephone number.
    We are approving ARM sections 17.8.602, 17.8.604 and 17.8.612(6) 
into the SIP.
    (b) Open Burning Eastern Montana--ARM sections 17.8.601 and 
17.8.606. On October 6, 1995 the State adopted revisions to its Open 
Burning Rules (ARM 17.8.601 and 17.8.606 (formerly ARM 16.8.1301 and 
16.8.1303, respectively)). The revisions allow minor open burners in 
eastern Montana to conduct essential agricultural open burning and 
prescribed wildland open burning without a permit during December, 
January and February if they notify the department prior to the 
burning. Prior to these changes, minor open burners in eastern Montana 
had to request department permission to conduct such open burning. We 
are approving the revisions to the open burning rule because we do not 
believe the revisions will jeopardize existing particulate matter 
(particulate matter with an aerodynamic diameter less than or equal to 
a nominal 10 micrometers (PM-10)) nonattainment areas or interfere with 
attainment and maintenance of the PM-10 NAAQS or increment in Montana. 
All but one of the State's PM-10 nonattainment areas are in the western 
region of the State. Although there is one PM-10 nonattainment area in 
the eastern Montana open burning zone, the difference in the geography 
and weather patterns of the eastern part of the State should assure 
that the revisions made in the open burning rule will not jeopardize 
this one PM-10 nonattainment area. For these same reasons, we believe 
these rule changes will not interfere with attainment and maintenance 
of the PM-10 NAAQS or increment in Montana. Therefore, we are approving 
ARM 17.8.601 and 17.8.606 into the SIP.
    (c) Other Revisions to Open Burning Rule--ARM sections 17.8.601, 
17.8.606, 17.8.610, 17.8.611, 17.8.612, 17.8.613. On July 2, 1999, the 
State adopted revisions to the Open Burning Rules (ARM 17.8.601, 
17.8.606, 17.8.610, 17.8.611, 17.8.612, 17.8.613). The revisions (1) 
update the MDEQ's telephone number; (2) remove reference to the 
national weather service office as a source of forecasts of ventilation 
conditions and in its place indicate that ventilation conditions may be 
obtained from MDEQ; (3) allow open burning permits to be issued for 
periods other than one year; and (4) require additional information be 
submitted for emergency open burning permits.
    We are approving the revisions to ARM 17.8.601, 17.8.606, 17.8.610, 
17.8.611, 17.8.612, and 17.8.613, adopted on July 2, 1999, into the 
SIP.
4. Subchapter 7--Permit, Construction, and Operation of Air Contaminant 
Sources
    (a) Definition and IBR--ARM 17.8.701 and ARM 17.8.702. On August 8, 
1996, the State adopted a definition for ``negligible risk'' (ARM 
17.8.701(10), formerly ARM 16.8.1101(10)) and updated the incorporation 
by references in ARM 17.8.702 (formerly ARM 16.8.1120). As indicated in 
an April 5, 2000 letter from the State to EPA, the definition of 
``negligible risk,'' at ARM 17.8.701(10) and a document incorporated by 
reference in ARM 17.8.702(1)(f) were not intended to be incorporated 
into the SIP.
    As indicated in the General Provisions section in II.B.1(b) above, 
on August 22, 1997, the State adopted

[[Page 42431]]

updates to its incorporation by reference of documents. State rule ARM 
17.8.702(3) was revised.
    We are approving ARM 17.8.702 (except for ARM 17.8.702(1)(f)) into 
the SIP. We are not approving ARM 17.8.701(10) nor ARM 17.8.702(1)(f) 
into the SIP.
    (b) Minor Corrections--ARM 17.8.704(2), 17.8.705(1)(o), 
17.8.720(2). On January 20, 1995, the State adopted revisions to 
several sections of the permitting rules to clarify the rules and 
update incorrect citations. The following rules were revised: ARM 
17.8.704(2), 17.8.705(1)(a), 17.8.720(2)) (formerly, ARM 16.8.1119(2), 
16.8.1102(1)(o), and 16.8.1107(2), respectively). We are approving ARM 
17.8.704(2), 17.8.705(1)(o), and 17.8.720(2) into the SIP.
    (c) Malfunctions--ARM 17.8.705(1)(p). On October 6, 1995, the State 
adopted revisions to its permitting rule (in ARM 17.8.705(1)(p) 
(formerly ARM 16.8.1102(1)(p)) to coincide with revisions to its 
malfunction rule. As discussed in section II.B.1(e) above, we believe 
the revision to the malfunction rule is acceptable. Therefore, we are 
approving ARM 17.8.705(1)(p) into the SIP.
    (d) Public review of Permit Application--ARM 17.8.720. On April 12, 
1996, the State adopted revisions to ARM 17.8.720 (formerly ARM 
16.8.1107) to allow an applicant to request an extension of the 60-day 
deadline for the department to issue a permit; to allow the department 
more time to issue a permit; to correct grammatical and citations in 
the rule; and to improve clarity of the rule. We are approving ARM 
17.8.720 into the SIP.
5. Subchapter 8--Prevention of Significant Deterioration
    (a) Definitions--ARM 17.8.801(29)(a). On October 6, 1995, June 21, 
1996 and June 12, 1998 the State adopted revisions to the definition of 
``volatile organic compounds (VOC)'' in ARM 17.8.801(29)(a) (formerly 
16.8.945(29)(a)). The State revised the definition to coincide with 
revisions to the federal definition. Since the definition of VOC is 
consistent with our definition, we are approving ARM 17.8.801(29)(a) 
into the SIP.
    (b) Incorporation by Reference--ARM 17.8.802. As indicated in the 
General Provisions section II.B.1(b) above, on June 21, 1996 the State 
adopted revisions to its incorporation by reference of documents. State 
rule ARM 17.8.802 (formerly ARM 16.8.946) was revised.
    As indicated in the General Provisions section II.B.1(b) above, on 
August 22, 1997, the State again adopted updates to its incorporation 
by reference of documents. State rules ARM 17.8.802(1)(g) and (3) were 
revised.
    We are approving ARM 17.8.802 into the SIP.
6. Subchapter 9--Permit Requirements for Major Stationary Sources or 
Major Modifications Locating Within Non-Attainment Areas
    (a) Definitions--ARM 17.8.901(20)(a). On October 6, 1995, June 21, 
1996 and June 12, 1998 the State adopted revisions to the definition of 
``volatile organic compounds (VOC)'' in ARM 17.8.901(20)(a) (formerly 
ARM 16.8.1701(20)(a). The State revised the definition to coincide with 
revisions to the federal definition. Since the definition of VOC is 
consistent with our definitions, we are approving ARM 17.8.901(20)(a) 
into the SIP.
    (b) Incorporation by Reference--ARM sections 17.8.901(14)(c) and 
17.8.902(1)-(5). As indicated in the General Provisions section 
II.B.1(b) above, on June 21, 1996 the State adopted revisions to its 
incorporation by reference of documents. The following sections were 
modified: ARM 17.8.901(14)(c) (formerly 16.8.1701(14)(c)) and ARM 
17.8.902(1)-(5) (formerly ARM 16.8.1702(1)-(2)).
    As indicated in the General Provisions section II.B.1(b) above, on 
August 22, 1997, the State again adopted updates to its incorporation 
by reference of documents. State rule ARM 17.8.902(3) was revised.
    We are approving ARM 17.8.901(14)(c) and 17.8.902 into the SIP.
7. Subchapter 10--Preconstruction Permit Requirements for Major 
Stationary Sources or Major Modifications Locating Within Attainment or 
Unclassified Areas
    (a) Incorporation by Reference--ARM 17.8.1002. As indicated in the 
General Provisions section II.B.1(b) above, on June 21, 1996 the State 
adopted revisions to its incorporation by reference of documents. State 
rule ARM 17.8.1002(1)-(5) (formerly ARM 16.8.1802(1)-(2)) was revised.
    As indicated in the General Provisions section II.B.1(b) above, on 
August 22, 1997, the State again adopted updates to its incorporation 
by reference of documents. State rule ARM 17.8.1002(3) was revised.
    We are approving ARM 17.8.1002 into the SIP.
    (b) Minor Corrections--ARM sections 17.8.1004 and 17.8.1005. On 
January 20, 1995, the State adopted revisions to several sections of 
the permitting rules to clarify the rules and update incorrect 
citations. The following rules were revised: ARM 17.8.1004 and 
17.8.1005 (formerly, ARM 16.8.1803 and 16.8.1804, respectively). We are 
approving ARM 17.8.1004 and 17.8.1005 into the SIP.\3\
---------------------------------------------------------------------------

    \3\ When the State recodified its rules it inadvertently made an 
error. ARM 17.8.1005(6) refers to ``17.8.905(6) through (8).'' This 
should read ``17.8.906(6) through (8).'' The State must correct this 
error in its next regulatory update.
---------------------------------------------------------------------------

8. Subchapter 11--Visibility Impact Assessment
    (a) Incorporation by Reference--ARM 17.8.1102, 1103 and 1107. As 
indicated in the General Provisions section II.B.1(b) above, on June 
21, 1996 the State adopted revisions to its incorporation by reference 
of documents. The following sections were modified: ARM 17.8.1102 
(formerly ARM 16.8.1009); ARM 17.8.1103(1) (formerly ARM 16.8.1001) and 
ARM 17.8.1107(1) (formerly ARM 16.8.1004(1)).
    As indicated in the General Provisions section II.B.1(b) above, on 
August 22, 1997, the State again adopted updates to its incorporation 
by reference of documents. The following sections were revised: ARM 
17.8.1102(1)(b) and (3).
    Because of the reformatting of the incorporation by reference of 
documents, on June 21, 1996 the State deleted and did not replace the 
following sections: ARM 16.8.1001(2) and 16.8.1004(2).
    We are approving ARM 17.8.1102, 1103 and 1107 into the SIP and the 
deletion of ARM 16.8.1001(2) and 16.8.1004(2) from the SIP.
    (b) Minor Corrections--ARM 17.8.1101(1), 17.8.1103(1), 
17.8.1106(1), 17.8.1109(1), and 17.8.1111. On January 20, 1995 the 
State adopted revisions to several sections of the visibility rules to 
update incorrect citations. The following rules were revised: ARM 
17.8.1101(1), 17.8.1103(1), 17.8.1106(1), 17.8.1109(1), and 17.8.1111 
(formerly, ARM 16.8.1002(1), 16.8.1001(1), 16.8.1003(1), 16.8.1006(1), 
and 16.8.1008, respectively). We are approving ARM 17.8.1101(1), 
17.8.1103(1), 17.8.1106(1), 17.8.1109(1), and 17.8.1111 into the SIP.

C. Category 3

    We cannot approve certain types of rules into the SIP. A listing of 
each rule (or section of a rule) we are not approving in the SIP and a 
discussion

[[Page 42432]]

of why we believe we can not approve that rule into the SIP is provided 
below:
1. Subchapter 3--Emission Standards
    (a) Odors--ARM 17.8.315. We believe we have no legal basis in the 
Act for approving Montana's odor control rule ARM 17.8.315 (formerly 
ARM 16.8.1427) and making it Federally enforceable because odor control 
provisions are not generally related to attainment or maintenance of 
the National Ambient Air Quality Standards (NAAQS). Therefore, we are 
not taking action to incorporate ARM 17.8.315 into the SIP.
    (b) Standard of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources--ARM 17.8.340(1) through (3). ARM 
17.8.340(1) through (3) (formerly ARM 16.8.1423(1) through (3)) is the 
rule the State uses to implement our new source performance standards 
(NSPS) in 40 CFR part 60. On May 16, 2001, we issued a letter 
delegating the responsibility for all sources located, or to be 
located, in the State of Montana subject to the NSPS promulgated in 40 
CFR part 60. The categories of new stationary sources covered by this 
delegation are the categories covered by all NSPS subparts in 40 CFR 
part 60, as in effect on July 1, 1998, except subparts Cb, Cc, Cd and 
Ce. Given that the State now has delegation of authority for NSPS in 40 
CFR part 60, pursuant to 110(k)(6) of the Act, we are removing the old 
codification, ARM 16.8.1423(1) through (3), from the SIP and not 
approving the new codification of ARM 17.8.340(1) through (3) into the 
SIP. We are updating the table in 40 CFR 60.4(c) to indicate that the 
40 CFR part 60 NSPS are now delegated to the State and revising EPA's 
address and Montana's and other States' agency names and addresses in 
40 CFR 60.4(a) and (b)(BB), (b)(JJ) and (b)(TT).
    The May 16, 2001 letter of delegation to the State follows:

Honorable Judy Martz,
Governor of Montana, State Capitol, Helena, Montana 59620-0801

    Dear Governor Martz: On March 3, 2000 the State submitted a 
revision to the New Source Performance Standards (NSPS) rules in the 
Administrative Rules of Montana (ARM) 17.8.340. Specifically, the 
State revised its NSPS to incorporate the Federal NSPS in effect as 
of July 1, 1998.
    Subsequent to States adopting NSPS regulations, EPA delegates 
the authority for the implementation and enforcement of those NSPS, 
so long as the State's regulations are equivalent to the Federal 
regulations. EPA reviewed the pertinent statutes and regulations of 
the State of Montana and determined that they provide an adequate 
and effective procedure for the implementation and enforcement of 
the NSPS by the State of Montana. Therefore, pursuant to Section 
111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60, 
EPA hereby delegates its authority for the implementation and 
enforcement of the NSPS to the State of Montana as follows:
    (A) Responsibility for all sources located, or to be located, in 
the State of Montana subject to the standards of performance for new 
stationary sources promulgated in 40 CFR Part 60. The categories of 
new stationary sources covered by this delegation are all NSPS 
subparts in 40 CFR Part 60, as in effect on July 1, 1998. Note this 
delegation does not include the emission guidelines in subparts Cb, 
Cc, Cd, and Ce. These subparts require state plans which are 
approved under a separate process pursuant to Section 111(d) of the 
Act.
    (B) Not all authorities of NSPS can be delegated to States under 
Section 111(c) of the Act, as amended. The EPA Administrator retains 
authority to implement those sections of the NSPS that require: (1) 
approving equivalency determinations and alternative test methods, 
(2) decision making to ensure national consistency, and (3) EPA 
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60 
being delegated in this letter, the enclosure lists examples of 
sections in 40 CFR Part 60 that cannot be delegated to the State of 
Montana.
    (C) As 40 CFR Part 60 is updated, Montana should revise its 
regulations accordingly and in a timely manner and submit to EPA 
requests for updates to its delegation of authority.
    This delegation is based upon and is a continuation of the same 
conditions as those stated in EPA's original delegation letter of 
May 18, 1977, to the Honorable Thomas L. Judge, then Governor of 
Montana, except that condition 6, relating to Federal facilities, 
was voided by the Clean Air Act Amendments of 1977. Please also note 
that EPA retains concurrent enforcement authority as stated in 
condition 3. In addition, if at any time there is a conflict between 
a State and Federal NSPS regulation, the Federal regulation must be 
applied if it is more stringent than that of the State, as stated in 
condition 9. EPA published its May 18, 1977 delegation letter in the 
notices section of the September 6, 1977 Federal Register (42 FR 
44573), along with an associated rulemaking notifying the public 
that certain reports and applications required from operators of new 
or modified sources shall be submitted to the State of Montana (42 
FR 44544). Copies of the Federal Register notices are enclosed for 
your convenience.
    Since this delegation is effective immediately, there is no need 
for the State to notify the EPA of its acceptance. Unless we receive 
written notice of objections from you within ten days of the date on 
which you receive this letter, the State of Montana will be deemed 
to accept all the terms of this delegation. EPA will publish an 
information notice in the Federal Register in the near future to 
inform the public of this delegation, in which this letter will 
appear in its entirety.
    If you have any questions on this matter, please contact me or 
have your staff contact Richard Long, Director of our Air and 
Radiation Program, at (303) 312-6005.

        Sincerely yours,
Jack W. McGraw,

Acting Regional Administrator.

Enclosures

cc: Jan Sensibaugh, Director, Montana Department of Environmental 
Quality, John Wardell, 8MO

Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective 
Through July 1, 1998, to the State of Montana

   Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
            40 CFR subparts                         Section(s)
------------------------------------------------------------------------
A......................................  60.8(b)(2) and (b)(3), and
                                          those sections throughout the
                                          standards that reference
                                          60.8(b)(2) and (b)(3);
                                          60.11(b) and (e).
Da.....................................  60.45a.
Db.....................................  60.44b(f), 60.44b(g) and
                                          60.49b(a)(4).
Dc.....................................  60.48c(a)(4).
Ec.....................................  60.56c(i), 60.8
J......................................  60.105(a)(13)(iii) and
                                          60.106(i)(12).
Ka.....................................  60.114a.
Kb.....................................  60.111b(f)(4), 60.114b,
                                          60.116b(e)(3)(iii),
                                          60.116b(e)(3)(iv), and
                                          60.116b(f)(2)(iii).
O......................................  60.153(e).
S......................................  60.195(b).
DD.....................................  60.302(d)(3).
GG.....................................  60.332(a)(3) and 60.335(a).
VV.....................................  60.482-1(c)(2) and 60.484.
WW.....................................  60.493(b)(2)(i)(A) and
                                          60.496(a)(1).

[[Page 42433]]

 
XX.....................................  60.502(e)(6)
AAA....................................  60.531, 60.533, 60.534, 60.535,
                                          60.536(i)(2), 60.537,
                                          60.538(e) and 60.539.
BBB....................................  60.543(c)(2)(ii)(B).
DDD....................................  60.562-2(c).
GGG....................................  60.592(c).
III....................................  60.613(e).
JJJ....................................  60.623.
KKK....................................  60.634.
NNN....................................  60.663(e).
QQQ....................................  60.694.
RRR....................................  60.703(e).
SSS....................................  60.711(a)(16), 60.713(b)(1)(i)
                                          and (ii), 60.713(b)(5)(i),
                                          60.713(d), 60.715(a) and
                                          60.716.
TTT....................................  60.723(b)(1),
                                          60.723(b)(2)(i)(C),
                                          60.723(b)(2)(iv), 60.724(e)
                                          and 60.725(b).
VVV....................................  60.743(a)(3)(v)(A) and (B),
                                          60.743(e), 60.745(a) and
                                          60.746.
WWW....................................  60.754(a)(5).
------------------------------------------------------------------------

    (d) Standard of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources--Municipal Solid Waste Landfill 
Facilities--ARM 17.8.340(4). On June 20, 1997, the State adopted rules 
for Municipal Solid Waste Landfill Facilities. We believe we have no 
legal basis in the Act for approving Montana's rule for Municipal Solid 
Waste Landfill Facilities, ARM 17.8.340(4), into the SIP because these 
rules are not generally related to attainment or maintenance of the 
NAAQS. Therefore, we are not taking action to incorporate ARM 
17.8.340(4) into the SIP. However, on July 8, 1998 (63 FR 36858), we 
did approve these rules as meeting section 111(d) of the Act. See 40 
CFR 62.6600-6602.
    (e) Standard of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources--Hospital/Medical/Infectious Waste 
Incinerator Facilities--ARM 17.8.340(5). On October 16, 1998, the State 
adopted rules for Hospital/Medical/Infectious Waste Incinerator 
Facilities. We believe we have no legal basis in the Act for approving 
Montana's rule for Hospital/Medical/Infectious Waste Incinerator 
Facilities, ARM 17.8.340(5), into the SIP because these rules are not 
generally related to attainment or maintenance of the NAAQS. Therefore, 
we are not taking action to incorporate ARM 17.8.340(5) into the SIP. 
However, on June 22, 2000 (65 FR 38732), we did approve these rules as 
meeting section 111(d) of the Act. See 40 CFR 62.6610-6612.
    (f) Emission Standards for Hazardous Air Pollutants--ARM 17.8.341. 
ARM 17.8.341 (formerly ARM 16.8.1424) is the rule the State uses to 
implement our national emission standards for hazardous air pollutants 
(NESHAPs) regulations in 40 CFR part 61. On May 16, 2000, we issued a 
letter indicating that we were delegating the authority of 40 CFR part 
61 to the State. Given that the State now has delegation of authority 
for NESHAPs in 40 CFR part 61, pursuant to 110(k)(6) of the Act, we are 
removing the old codification ARM 16.8.1424 from the SIP and not 
approving the new codification of ARM 17.8.341 into the SIP. We are 
updating the table in 40 CFR 61.04(c)(8) to indicate that the 40 CFR 
part 61 NESHAPs are now delegated to the State and revising EPA's 
address and Montana's and other States' agency names and addresses in 
40 CFR 61.04(a) and (b)(G), (b)(BB), (b)(JJ), (b)(TT) and (b)(ZZ).
    (g) Emission Standards for Hazardous Air Pollutants for Source 
Categories--ARM 17.8.342. On August 9, 1996, the State adopted ARM 
17.8.342 (formerly ARM 16.8.1431) for the Maximum Achievable Control 
Technology (MACT) standards (i.e., 40 CFR part 63). We believe we have 
no legal basis in the Act for approving Montana's MACT rules into the 
SIP because these rules are not generally related to attainment or 
maintenance of the NAAQS. Therefore, we are not taking action to 
incorporate ARM 17.8.342 into the SIP. However, on May 16, 2000, we 
issued a letter indicating that we were delegating the authority of 40 
CFR part 63 to the State.
    (h) Air Quality Operating Permit Program Applicability--ARM 
17.8.1204. On January 20, 1995, the State adopted revisions to ARM 
17.8.1204 (formerly ARM 16.8.2004) and the Governor of Montana 
submitted these revisions on April 14, 1999. Sub-chapter 12 pertains to 
the Operating Permit Program. We believe we have no legal basis in the 
Act for approving any of the provisions of the operating permit program 
into the SIP. Therefore, we are not taking action to incorporate ARM 
17.8.1204 into the SIP. However, we fully approved Montana's Title V 
program on December 22, 2000, 65 FR 80785.

D. Category 4

    Category 4 consists of those rules that we will act on at a later 
date.
    (1) On April 14, 1999, the Governor of Montana submitted revisions 
to the Incorporation by Reference Rule, Visible Air Contaminant Rule 
and Kraft Pulp Mill Rule (ARM 17.8.302(1)(b) and (c), 17.8.304(4)(f) 
and 17.8.321 (formerly ARM 16.8.1429(2)(b) and (c), 16.8.1404(4)(f) and 
16.8.1413, respectively)) which had been adopted by the State on May 
19, 1995 and December 11, 1998. The revisions to the Kraft Pulp Mill 
Rule were adopted both prior to and after the air quality rules were 
recodified. As discussed earlier in section II.B.2(a), we are approving 
the revisions to ARM 17.8.302(1). We will act on the revisions and the 
recodification of ARM 17.8.304(4)(f) and 17.8.321 at a later date. 
These revisions are not being approved as part of SIP at this time. The 
prior codified Kraft Pulp Mill Rule, ARM 16.8.1413, effective December 
13, 1972, remains in the SIP.
    (2) On December 8, 1997, the Governor of Montana submitted 
revisions to the Incinerator Rule, ARM 17.8.316, which were adopted by 
the State on June 11, 1997. The revisions to the Incinerator rule were 
adopted after the recodification of the air quality rules. We are 
approving the recodification, as indicated in section II.A.2 above, but 
we will act on the June 11, 1997 revisions to the Incinerator Rule at a 
later date.
    (3) The September 19, 1997 submittal contained Subchapter 13, 
Conformity. We will act on the Conformity sub-chapter at a later date.
    (4) The September 19, 1997 recodification contains paragraphs ARM

[[Page 42434]]

17.8.705(1)(q), 17.8.708, and 17.8.733(1)(c) (formerly ARM 
16.8.1102(1)(q), 16.8.1121 and 16.8.1113(1)(c), respectively) that had 
been adopted by the State on August 8, 1996 but had not been submitted 
to us prior to the recodification. Revisions to ARM 17.8.705(1) and 
(2), 17.8.708 (repealed), and 17.8.733(1)(b) and (c) were subsequently 
adopted by the State on May 14, 1999. The August 8, 1996 and May 14, 
1999 adopted revisions were submitted to EPA on August 26, 1999. With 
this document we are not approving ARM 17.8.705(1)(q), 17.8.708 and 
17.8.733(1)(c), which were submitted with the recodification. We will 
address the August 26, 1999 submittal along with these recodified rules 
at a later date.
    (5) On January 20, 1995, the State adopted revisions to several 
sections of the stack height rules to update incorrect citations. The 
following rules were revised: ARM 17.8.401(4)(b) and 17.8.403(1) 
(formerly, ARM 16.8.1204(4)(b) and 16.8.1206(1), respectively). On 
September 17, 1997, the State submitted a recodification of its rules 
including the stack height rules. We will address the January 20, 1995 
stack height rule revisions along with the recodified stack height 
rules in a future rulemaking action. The prior codified stack heights 
and dispersion techniques rule, ARM 16.8.1204 through 16.8.1206, 
effective June 13, 1986, remains in the approved SIP.
    The June 15, 2001 preambles to the direct final and proposed rules 
stated our intent to approve most of the State's recodified air quality 
rules, including the State's recodified stack height rules. However, in 
another pending SIP action in Montana (Billings/Laurel), we have 
questioned aspects of the Montana stack height regulations that are 
repeated in the recodification. We do not believe we should act on the 
recodification of these rules before we give full consideration to 
relevant issues in the context of our ongoing action on the Billings/
Laurel SIP, where the issues first arose and should be resolved. 
Accordingly, we will act on the recodified stack height rules at a 
later date. This deferral of action will have no effect on the existing 
approved Montana stack height SIP.

III. Miscellaneous Issues

    (1) On June 21, 1996, the State repealed ARM 16.8.1419, Fluoride 
Emissions--Phosphate Processing. Previously we had incorporated this 
provision into the Federally approved SIP. Since fluoride emissions are 
not generally related to attainment or maintenance of the NAAQS, we are 
approving the deletion of ARM 16.8.1419 from the SIP. In a February 14, 
2001 letter, the State indicated that ARM 16.8.1419 was not developed 
to satisfy the Clean Air Act section 111(d) requirements and that there 
are no phosphate fertilizer plants in Montana that meet the definition 
of affected facility under any of the 40 CFR part 60, subparts T, U, V, 
W or X, and that there are no phosphate fertilizer plants in Montana 
that meet the definition of affected facility under any of the subparts 
T, U, V, W, or X, constructed before October 22, 1974, and that have 
not reconstructed or modified since 1974. We are revising 40 CFR part 
62, subpart BB to indicate that Montana has certified that it has no 
such sources.
    (2) On November 7, 1996, the State repealed ARM 16.8.301, Standing 
(pertaining to a rehearing before the Board), because it merely refers 
the reader to existing statutory requirements, and ARM 16.8.401-404, 
Emergency Procedures (pertaining to Board hearings on emergency orders 
of the department), because most of the provisions repeat statutory 
language. Previously we had incorporated these provisions into the 
Federally approved SIP. Since these provisions are not generally 
related to attainment or maintenance of the NAAQS, we are approving the 
deletion of ARM 16.8.301 and 16.8.401-404 from the SIP.
    (3) On November 7, 1996, the State repealed ARM 16.8.1104, Existing 
Sources and Stacks--Permit Application Requirements (requiring existing 
sources constructed after November 23, 1968, to apply for an air 
quality permit), because the State believed the rule was no longer 
necessary; all such facilities have either applied for an air quality 
permit or have altered the facility in a manner that would require an 
air quality permit under other provisions of the department's air 
quality rules. Previously we had incorporated ARM 16.8.1104 into the 
Federally approved SIP. We agree with the State's assessment and are 
approving the deletion of ARM 16.8.1104 from the SIP.
    (4) The April 14, 1999 submittal contained rule ARM 17.4.101 
pertaining to alternative public hearing procedures. According to the 
State's April 5, 2000 letter to EPA, the State will be rescinding this 
rule. We are not acting on rule ARM 17.4.101.
    (5) The State's September 19, 1997 submittal also contained the 
State Emergency Episode Avoidance Plan (EEAP). The same EEAP was 
submitted on July 8, 1997. We approved the July 8, 1997 submittal on 
December 6, 1999 (64 FR 68034). Since the September 19, 1997 EEAP 
merely duplicates the July 8, 1997 EEAP, and we have already approved 
the July 8, 1997 EEAP, we are not acting on the September 19, 1997 
submittal.
    (6) On August 22, 1997, the Board revised ARM 17.8.1202 (formerly 
ARM 16.8.2003). The Governor's April 14, 1999 letter requested that ARM 
17.8.1202 be rescinded. Sub-chapter 12 pertains to the Operating Permit 
Program. We have no legal basis in the Act for approving any of the 
provisions of the operating permit program into the SIP. However, on 
October 23, 1996 (61 FR 54946) we inadvertently incorporated ARM 
16.8.2003 (now ARM 17.8.1202) into the SIP. Since approval of ARM 
16.8.2003 into the SIP was in error, we are removing ARM 16.8.2003 from 
the SIP pursuant to section 110(k)(6) of the Act. Also, we fully 
approved Montana's Title V program on December 22, 2000, 65 FR 80785.
    (7) On December 6, 1999, the Governor of Montana submitted a 
regulation from the Yellowstone County Air Pollution Control (YCAPC) 
program. The submittal consists solely of Regulation No. 002--Open 
Burning Restrictions. We believe it is appropriate to incorporate local 
air pollution control programs in the SIP if the program is needed for 
attainment and maintenance of any National Ambient Air Quality Standard 
(NAAQS). The State's Group II PM-10 SIP relies on many rules, including 
the State's open burning rules, to assure maintenance of the PM-10 
NAAQS. We approved the Group II PM-10 SIP on January 20, 1994 (59 FR 
2988). By approving the YCAPC's Regulation No. 002, the State has given 
Yellowstone County the responsibility to ensure that State open burning 
rules are met. Since the County is implementing measures that the State 
is relying upon to assure that the PM-10 NAAQS are maintained, we 
believe it is appropriate to incorporate the county rules in the SIP. 
In addition, including the county rules in the SIP will make the 
county-issued open burning permits federally enforceable, further 
assuring the effectiveness of the PM-10 plan.
    On December 23, 1992, then Montana Governor Stan Stephens submitted 
a SIP revision regarding the YCAPC major rule revisions. To date we 
have not acted on the December 23, 1992 submittal. The December 6, 1999 
letter from Governor Marc Racicot indicates that the recent 
modifications to the YCAPC's program supersede the 1992 submittal and, 
therefore, rescinds the December 23, 1992 submittal. Accordingly, we 
are acting to approve the December 6, 1999 submittal of the YCAPC open 
burning program.

[[Page 42435]]

IV. Final Action

    We are approving the revisions and recodification to the 
Administrative Rules of Montana submitted by the Governor on September 
19, 1997, December 10, 1997, April 14, 1999 December 6, 1999 and March 
3, 2000 except for the following provisions that we are not acting on, 
are disapproving, or will act upon at a later date. The portions of the 
recodification and revisions that we are approving replace the prior 
SIP approved regulations (except for the Kraft Pulp Mill Rule, ARM 
16.8.1413, effective December 13, 1972, and the Stack Heights and 
Dispersion Techniques Rule, ARM 16.8.1204-1206, effective June 13, 
1986, which will remain a part of the approved SIP). We are also 
approving into the SIP Yellowstone County's Local Regulation No. 002--
Open Burning. The provisions that we are not acting on because these 
rules are not appropriate to be in the SIP or because the State does 
not want them in the SIP include: ARM sections 17.4.101, 17.8.315, 
17.8.340, 17.8.341, 17.8.342, 17.8.701(10) and 17.8.702(1)(f), and 
17.8.1204.
    The provisions that we are disapproving include: ARM 
17.8.309(5)(b), 17.8.310(3)(e), and 17.8.324(1)(c) and 2(d).
    The provisions that we will act upon at a later date include: ARM 
sections 17.8.304(4)(f), revisions to ARM 17.8.316 (adopted on 6/11/
97), 17.8.321, 17.8.401-403, 17.8.705(1)(q), 17.8.708, 17.8.733(1)(c), 
and 17.8.1301-1313.
    The provisions that we are removing from the SIP include: ARM 
sections 16.8.301, 16.8.401-404, 16.8.704(3), 16.8.1001(2), 
16.8.1004(2), 16.8.1104, 16.8.1419, 16.8.1423, 16.8.1424, 16.8.1503(2) 
and 16.8.2003.
    Finally, we are announcing the delegation of authority for NSPS 
implementation and enforcement to the State and updating the tables in 
40 CFR 60.4(c) and 40 CFR 61.04(c)(8) to indicate that the 40 CFR part 
60 NSPS and 40 CFR part 61 NESHAPs are now delegated to the State and 
revising EPA's address and Montana's and other States' agency names and 
addresses in 40 CFR 60.4(a), (b)(BB), (b)(JJ) and (b)(TT), and 40 CFR 
61.04(a), (b)(G), (b)(BB), (b)(JJ), (b)(TT) and (b)(ZZ). We are also 
updating 40 CFR part 62 subpart BB to indicate that Montana submitted a 
negative declaration.
    EPA is 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 October 12, 2001 without further 
notice unless we receive adverse comments by September 12, 2001. If the 
EPA receives adverse comments, we will before October 12, 2001 publish 
a withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. The EPA 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 
EPA receives 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. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

C. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612 (Federalism) and 12875 (Enhancing the 
Intergovernmental Partnership). Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132, because it 
merely partially approves and partially disapproves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. Thus, the requirements of section 6 of the Executive Order do 
not apply to this rule.

D. Executive Order 13175

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the

[[Page 42436]]

distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This action does not involve or impose any requirements that affect 
Indian Tribes. Thus, Executive Order 13175 does not apply to this rule.

E. Executive Order 13211

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a 
significant regulatory action under Executive Order 12866.

F. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions.
    This partial approval rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).
    Moreover, EPA's partial disapproval rule will not have a 
significant impact on a substantial number of small entities. 
Therefore, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Furthermore, 
as explained in this action, the submission does not meet the 
requirements of the Clean Air Act and EPA cannot approve the 
submission. EPA has no option but to partially disapprove the 
submittal. The partial disapproval will not affect any existing State 
requirements applicable to the entities. Federal disapproval of a State 
submittal does not affect its State enforceability.

G. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the partial approval and partial 
disapproval actions promulgated do not include a Federal mandate that 
may result in estimated costs of $100 million or more to either State, 
local, or tribal governments in the aggregate, or to the private 
sector. This Federal action partially approves and partially 
disapproves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

H. Submission to Congress and the Comptroller General

    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 rule 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). This rule will be effective October 12, 2001 unless EPA 
receives adverse written comments by September 12, 2001.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

J. Petitions for Judicial Review

    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 October 12, 2001. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule 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) of the Clean Air 
Act.)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

40 CFR Part 60

    Environmental protection, Air pollution control, Aluminum, Ammonium 
sulfate plants, Beverages, Carbon monoxide, Cement industry, Coal, 
Copper, Drycleaners, Electric power plants, Fertilizers, Fluoride, 
Gasoline, Glass and glass products, Grains, Graphic arts industry, 
Household appliances, Insulation, Intergovernmental relations, Iron, 
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals, 
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide, 
Paper and paper products industry, Particulate matter, Paving and 
roofing materials, Petroleum, Phosphate, Plastics materials and 
synthetics, Reporting and recordkeeping requirements, Sewage

[[Page 42437]]

disposal, Steel, Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment 
and disposal, Wool, Zinc.

40 CFR Part 61

    Environmental protection, Air pollution control, Arsenic, Asbestos, 
Benzene, Beryllium, Hazardous substances, Mercury, Vinyl chloride.

40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Fluoride, Intergovernmental relations, Phosphate 
fertilizer plants, Reporting and recordkeeping requirements.

    Dated: July 31, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region 8.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

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

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

    2. Section 52.1370 is amended by adding paragraph (c)(49) to read 
as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (49) On September 19, 1997, December 10, 1997, April 14, 1999, 
December 6, 1999 and March 3, 2000, the Governor submitted a 
recodification and revisions to the Administrative Rules of Montana. 
EPA is replacing in the SIP all of the previously approved Montana air 
quality regulations except that the Kraft Pulp Mill Rule, ARM 
16.8.1413, effective December 13, 1972, and Stack Heights and 
Dispersion Techniques Rule, ARM 16.8.1204-1206, effective June 13, 
1986, with those regulations listed in paragraph (c)(49)(i)(A) of this 
section. The Kraft Pulp Mill Rule, ARM 16.8.1413, effective December 
13, 1972, and Stack Heights and Dispersion Techniques Rule, ARM 
16.8.1204-1206, effective June 13, 1986, remain part of the SIP. In 
addition, the Governor submitted Yellowstone County's Local Regulation 
No. 002--Open Burning.
    (i) Incorporation by reference.
    (A) Administrative Rule of Montana (ARM) Table of Contents; section 
17.8.101, effective 6/26/98; sections 17.8.102-103, effective 10/8/99; 
section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/
99, sections 17.8.110-111, effective 8/23/96; sections 17.8.130-131, 
effective 8/23/96; sections 17.8.140-142, effective 8/23/96; section 
17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99; 
section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section 
17.8.308, effective 8/23/96; section 17.8.309 (excluding 
17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding 
17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/
96; section 17.8.320, effective 8/23/96; sections 17.8.322-323, 
effective 8/23/96; section 17.8.324 (excluding 17.8.324(1)(c) and 
(2)(d)), effective 8/23/96; sections 17.8.325-326, effective 8/23/96; 
sections 17.8.330-334, effective 8/23/96; section 17.8.601, effective 
7/23/99; section 17.8.602, effective 9/9/97; sections 17.8.604-605, 
effective 8/23/96; section 17.8.606, effective 7/23/99; sections 
17.8.610-613, effective 7/23/99; section 17.8.614-615, effective 8/23/
96; section 17.8.701 (excluding 17.8.701(10)), effective 8/23/96; 
section 17.8.702 (excluding 17.8.702(1)(f)), effective 9/9/97; section 
17.8.704, effective 8/23/96; section 17.8.705 (excluding 
17.8.705(1)(q)) effective 8/23/96; sections 17.8.706-707, effective 8/
23/96; section 17.8.710, effective 8/23/96; sections 17.8.715-717, 
effective 8/23/96; section 17.8.720, effective 8/23/96; sections 
17.8.730-732, effective 8/23/96; section 17.8.733 (excluding 
17.8.733(1)(c)), effective 8/23/96; section 17.8.734, effective 8/23/
96; section 17.8.801, effective 6/26/98; section 17.8.802, effective 9/
9/97; sections 17.8.804-809, effective 8/23/96; sections 17.8.818-828, 
effective 8/23/96; section 17.8.901, effective 6/26/98; section 
17.8.902, effective 9/9/97; sections 17.8.904-906, effective 8/23/96; 
section 17.8.1001, effective 8/23/96; section 17.8.1002, effective 9/9/
97; sections 17.8.1004-1007, effective 8/23/96; section 17.8.1101, 
effective 8/23/96; section 17.8.1102, effective 9/9/97; section 
17.8.1103, effective 8/23/96; and sections 17.8.1106-1111, effective 8/
23/96.
    (B) April 27, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (C) Board Order issued on September 24, 1999, by the Montana Board 
of Environmental Review approving the Yellowstone County Air Pollution 
Control Program.
    (D) Yellowstone County Air Pollution Control Program, Regulation 
No. 002 Open Burning, effective September 24, 1999.
    (E) March 6, 2001 letter from Robert Habeck, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Yellowstone County Air Pollution Control Program 
Regulation No. 002 Open Burning.
    (ii) Additional Material.
    (A) April 5, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (B) February 14, 2001 letter from Don Vidrine, Montana Department 
of Environmental Quality, to Dick Long, U.S. Environmental Protection 
Agency, Region 8.
* * * * *

    3. Section 52.1384 is amended by adding paragraph (a) and revising 
paragraph (c).


Sec. 52.1384  Emission control regulations.

    (a) Administrative Rules of Montana 17.8.309(5)(b) and 
17.8.310(3)(e) of the State's rule regulating fuel burning, which were 
submitted by the Governor on April 14, 1999 and which allow terms of a 
construction permit to override a requirement that has been approved as 
part of the SIP, are disapproved. We cannot approve these provisions 
into the SIP, as it would allow the State to change a SIP requirement 
through the issuance of a permit. Pursuant to section 110 of the Act, 
to change a requirement of the SIP, the State must adopt a SIP revision 
and obtain our approval of the revision.
* * * * *
    (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) 
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule 
regulating hydrocarbon emissions from petroleum products, which were 
submitted by the Governor on May 17, 1994 and later recodified with a 
submittal by the Governor on September 19, 1997, and which allow the 
discretion by the State to allow different equipment than that required 
by this rule, are disapproved. Such discretion cannot be allowed 
without requiring EPA review and approval of the alternative equipment 
to ensure that it is equivalent in efficiency to that equipment 
required in the approved SIP.

PART 60--[AMENDED]

    1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended 
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat. 
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as 
amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

    2. Section 60.4 is amended by:

[[Page 42438]]

    a. Revising the names and addresses listed for the EPA Region VIII 
office in paragraph (a), the State of Montana in paragraph (b)(BB), the 
State of North Dakota in paragraph (b)(JJ) and the State of Utah in 
paragraph (b)(TT) to read as follows: and
    b. Amending the table entitled ``Delegation Status of New Source 
Performance Standards [(NSPS) for Region VIII]'' in paragraph (c) by 
revising the column heading for ``MT'' and the entries for subparts 
``Ec'', ``RRR'', ``UUU'' and ``WWW'' to read as follows:


Sec. 60.4  Address.

* * * * *
    (a) * * *
    Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, 999 18th Street, Suite 300, 
Denver, CO 80202-2466.
* * * * *
    (b) * * *
    (BB) State of Montana, Department of Environmental Quality, 1520 E. 
6th Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NSPS delegation status, 
see paragraph (c) of this section.

* * * * *
    (JJ) State of North Dakota, Division of Air Quality, North Dakota 
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.

    Note: For a table listing Region VIII's NSPS delegation status, 
see paragraph (c) of this section.

* * * * *
    (TT) State of Utah, Division of Air Quality, Department of 
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.

    Note: For a table listing Region VIII's NSPS delegation status, 
see paragraph (c) of this section.

* * * * *
    (c) * * *

                 Delegation Status of New Source Performance Standards [(NSPS)] for Region VIII
----------------------------------------------------------------------------------------------------------------
                 Subpart                      CO          MT          ND        SD \1\      UT \1\        WY
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
Ec-Hospital/Medical/Infectious Waste            (*)         (*)         (*)         (*)
 Incinerators...........................
 
*                  *                  *                  *                  *                  *
                                                        *
RRR--VOC Emissions from Synthetic               (*)         (*)         (*)         (*)         (*)         (*)
 Organic Chemistry Manufacturing
 Industry (SOCMI) Reactor Processes.....
 
*                  *                  *                  *                  *                  *
                                                        *
UUU--Calciners and Dryers in Mineral            (*)         (*)         (*)         (*)         (*)         (*)
 Industries.............................
 
*                  *                  *                  *                  *                  *
                                                        *
WWW--Municipal Solid Waste Landfills....        (*)         (*)         (*)         (*)         (*)        (*)
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.
\1\ Indicates approval of State regulation as part of the State Implementation Plan (SIP).

PART 61--[AMENDED]

    1. The authority citation for part 61 continues to read as follows:

    Authority: Sec. 101, 112, 114, 116, 301, Clean Air Act as 
amended (42. U.S.C. 7401, 6412, 7414, 7416, 7601).

Subpart A--General Provisions

    2. Sec. 61.04 is amended by:
    a. Revising the names and addresses listed for the EPA Region VIII 
office in paragraph (a), the State of Colorado in paragraph (b)(G), the 
State of Montana in paragraph (b)(BB), the State of North Dakota in 
paragraph (b)(JJ) and the State of Utah in paragraph (b)(TT) and adding 
the State of Wyoming in paragraph (b)(ZZ) to read as follows:
    b. Amending the table entitled ``Region VIII.--Delegation Status of 
National Emission Standards for Hazardous Air Pollutants'' by revising 
the column heading for ``MT'' to read as follows:


Sec. 61.04  Address.

* * * * *
    (a) * * *
    Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, 
Wyoming) Assistant Regional Administrator, Office of Enforcement, 
Compliance and Environmental Justice, 999 18th Street, Suite 300, 
Denver, CO 80202-2466.
* * * * *
    (b) * * *
    (G) State of Colorado, Air Pollution Control Division, Department 
of Public Health and Environment, 4300 Cherry Creek Drive South, 
Denver, CO 80246-1530.

    Note: For a table listing Region VIII's NESHAP delegation 
status, see paragraph (c) of this section.

* * * * *
    (BB) State of Montana, Department of Environmental Quality, 1520 E. 
6th Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NESHAP delegation 
status, see paragraph (c) of this section.

* * * * *
    (JJ) State of North Dakota, Division of Air Quality, North Dakota 
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.

    Note: For a table listing Region VIII's NESHAP delegation 
status, see paragraph (c) of this section.

* * * * *
    (TT) State of Utah, Division of Air Quality, Department of 
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.

    Note: For a table listing Region VIII's NESHAP delegation 
status, see paragraph (c) of this section.

* * * * *
    (ZZ) State of Wyoming, Air Quality Division, Department of 
Environmental Quality, 122 W. 25th St., Cheyenne, WY 82002.
* * * * *
    (c) * * *

[[Page 42439]]



         Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
                    Subpart                         CO         MT       ND \2\     SD \2\     UT \2\       WY
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
* Indicates approval of delegation of subpart to state.
\1\ Authorities which may not be delegated include 40 CFR part 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii),
  61.112(c), 61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3),
  61.242-1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of
  Authority.
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T, W which were
  approved through section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
  insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
  operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
  convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671.

Subpart BB--Montana

    2. Add a new and undesignated center heading and Sec. 62.6613 to 
subpart BB to read as follows:

Fluoride Emissions From Existing Phosphate Fertilizer Plants


Sec. 62.6613  Identification of plan--negative declaration.

    The Montana Department of Environmental Quality certified in a 
letter dated February 14, 2001, that there are no phosphate fertilizer 
plants in Montana that meet the definition of affected facility under 
any of the subparts T, U, V, W or X. Additionally, there are no 
phosphate fertilizer plants in Montana that meet the definition of 
affected facility under any of the subparts T, U, V, W, or X, 
constructed before October 22, 1974, and that have not reconstructed or 
modified since 1974.

[FR Doc. 01-19872 Filed 8-10-01; 8:45 am]
BILLING CODE 6560-50-P