[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55097-55099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27278]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NOS. MT-001-0024; MT-001-0025; MT-001-0026; MT-001-0034; MT-001-
0035; FRL-7093-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; State Implementation Plans; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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SUMMARY: The EPA published in the Federal Register on June 12, 2001 and 
June 18, 2001 several documents that, among other things, approved 
updates to Montana's State Implementation Plan (SIP). In the June 12, 
2001, rule, which approved the State's Emergency Episode Avoidance Plan 
and Cascades County's Local Regulation Chapter 7, Open Burning, EPA 
inadvertently omitted a sentence from the Administrative Requirements 
section of the document. EPA is correcting the Administrative 
Requirements section with this document. In the June 18, 2001, rule, 
which partially approved and partially disapproved the East Helena Lead 
(Pb) SIP, EPA inadvertently referenced an incorrect date in the 
preamble and inadvertently failed to promulgate regulatory text for 
those portions of the plan we disapproved, and to indicate that we 
determined that the East Helena Pb nonattainment area had attained the 
Pb NAAQS. In addition, in the regulatory text that was promulgated in 
the June 18, 2001 document, EPA inadvertently failed to indicate that 
the partially approved Pb SIP superseded the previously approved Pb 
SIP. Also, quotation marks were placed in the wrong location in the 
June 18, 2001 regulatory text. EPA is correcting the date in the 
preamble, promulgating the regulatory text for the disapproved 
provisions of the plan, correcting the promulgated regulatory text to 
indicate that the partially approved Pb SIP supercedes the previously 
approved Pb SIP, and correcting the location of quotation marks in the 
promulgated regulatory text with this document.

EFFECTIVE DATE: This rule is effective December 3, 2001.

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

SUPPLEMENTARY INFORMATION:

June 12, 2001, Rulemaking

    In our June 12, 2001 (66 FR 31548) (FR Doc. 01-14612) rulemaking we 
approved Montana's Emergency Episode Avoidance Plan and Cascades 
County's Local Regulation Chapter 7, Open Burning. In the 
Administrative Requirements section of that rulemaking, on page 31549, 
third column, the paragraph that starts with ``The Congressional Review 
Act * * *'', the following sentence should be added between the first 
and second sentence: ``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.'' \1\
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    \1\ Note, although the Administrative Requirements section in 
the June 12, 2001 preamble did not include the statement that we 
would submit a report containing the rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, 
and the Comptroller General of the United States, on June 6, 2001, 
we did, in fact, fulfill this requirement by sending a report to the 
U.S. Senate, the U.S. House of Representatives, and the Comptroller 
General of the United States containing the Montana rule and other 
required information.
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June 18, 2001, Rulemaking

    In our June 18, 2001 (66 FR 32760) (FR Doc. 01-15142) rulemaking we 
partially approved and partially disapproved the East Helena Lead SIP. 
On page 32764, second and third columns, we inadvertently referenced 
the wrong date. At the bottom of the second column, paragraph starting 
with ``We are disapproving * * *'', ``June 21, 1996'' should be 
replaced with ``June 26, 1996.'' In the third column, paragraph 
starting with ``We are disapproving paragraphs 15 and 15 * * *'', 
``June 21, 1996'' should be replaced with ``June 26, 1996.''
    Additionally, in the June 18, 2001 rulemaking, we partially 
disapproved provisions of the State's East Helena Lead SIP (see 66 FR 
at 32761 and 32764) and determined that the East Helena Pb 
nonattainment area had attained the Pb NAAQS (see 66 FR 32765). 
However, we failed to promulgate corresponding text in the Code of 
Federal Regulations. In this document we are promulgating changes to 40 
CFR 52, subpart BB, specifically Sec. 52.1384 (Emission control 
regulations) to correspond to the partially disapproved plan provisions 
and Sec. 52.1375 (Control strategy: Lead) to correspond to the 
attainment determination.
    Also, the East Helena Pb Plan partially approved on June 18, 2001 
superseded a previously approved Pb Plan submitted on September 29, 
1983. We are correcting the regulatory text (at Sec. 52.1370(c)(51)) to 
indicate that the

[[Page 55098]]

September 29, 1983 Pb Plan is superseded.
    Finally, in the June 18, 2001 rulemaking, on page 32766, third 
column, paragraph (5), the quotation mark ending the quotation was 
placed in the wrong location. We are correcting the regulatory text to 
read as follows:

    The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A.

    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
incorrect administrative text and dates in the preamble of previous 
rulemakings, promulgating regulatory text for rules disapproved in a 
previous rulemaking and correcting regulatory text in a previous 
rulemaking. Thus, notice and public procedure are unnecessary. We find 
that this constitutes good cause under 5 U.S.C. 553(b)(B).

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. 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. Because the agency has made a ``good 
cause'' finding that this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute as indicated in the Supplementary Information section above, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    This technical correction action does not involve technical 
standards; thus the requirements of section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of 
the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings' issued under the executive order. This rule does not impose an 
information collection burden under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and 
Executive Orders for the underlying rules are discussed in the June 12, 
2001, rule, approving Montana's Emergency Episode Avoidance Plan and 
Cascade County's Local Regulation Chapter 7, Open Burning, and in the 
June 18, 2001, rule, partially approving and partially disapproving the 
East Helena Lead SIP.
    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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA has made such a good cause finding, including 
the reasons therefore, and established an effective date of December 3, 
2001. 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. This correction to the identification 
of plan for Montana is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

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


    Accordingly, 40 CFR part 52, subpart BB of chapter I, title 40 is 
corrected by making the following amendments:

PART 52--[CORRECTED]

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

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

    2. Revise Sec. 52.1370(c)(51) introductory text and 
(c)(51)(i)(B)(5) to read as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (51) The Governor of Montana submitted the East Helena Lead SIP 
revisions with letters dated August 16, 1995, July 2, 1996, and October 
20, 1998. The revisions address regulating lead emission from Asarco, 
American Chemet and re-entrained road dust from the streets of East 
Helena. The revisions supersede the Lead Plan submitted to EPA on 
September 29, 1983 (see paragraph (c)(15) of this section).
    (i) * * *
    (B) * * *
    (5) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
* * * * *

    3. Add a new Sec. 52.1375 to read as follows:

[[Page 55099]]

Sec. 52.1375  Control strategy: Lead.

    Determination--EPA has determined that the East Helena Lead 
nonattainment area has attained the lead national ambient air quality 
standards through calendar year 1999. This determination is based on 
air quality data currently in the AIRS database (as of the date of our 
determination, June 18, 2001).

    4. In Sec. 52.1384 add paragraph (b) to read as follows:


Sec. 52.1384  Emission control regulations.

* * * * *
    (b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference 
several documents that comprise the East Helena Lead SIP. Sections 
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the 
documents that were incorporated by reference were excluded. The 
excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are 
disapproved. These provisions are disapproved because they do not 
entirely conform to the requirement of section 110(a)(2) of the Act 
that SIP limits must be enforceable, nor to the requirement of section 
110(i) that the SIP can be modified only through the SIP revision 
process. The following phrases, words, or section in exhibit A of the 
stipulation between the Montana Department of Environmental Quality 
(MDEQ) and Asarco, adopted by order issued on June 26, 1996 by the 
Montana Board of Environmental Review (MBER), are disapproved:
    (i) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (ii) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (iii) The words, ``or an equivalent procedure'' in the second 
sentence in section 5(G) of exhibit A;
    (iv) The sentence, ``Any revised documents are subject to review 
and approval by the Department as described in section 12,'' from 
section 6(E) of exhibit A;
    (v) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
    (vi) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (vii) The sentences, ``This revised Attachment shall be subject to 
the review and approval procedures outlined in Section 12(B). The 
Baghouse Maintenance Plan shall be effective only upon full approval of 
the plan, as revised. This approval shall be obtained from the 
Department by January 6, 1997. This deadline shall be extended to the 
extent that the Department has exceeded the time allowed in section 
12(B) for its review and approval of the revised document,'' in section 
12(A)(7) of exhibit A; and
    (viii) Section 12(B) of exhibit A.
    (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco 
adopted by order issued on June 26, 1996 by the MBER are disapproved. 
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted 
by order issued on August 4, 1995 by the MBER is disapproved.
* * * * *

    Dated: October 22, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 01-27278 Filed 10-31-01; 8:45 am]
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