[Federal Register Volume 67, Number 160 (Monday, August 19, 2002)]
[Proposed Rules]
[Pages 53765-53766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20988]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NO. MT-001-0043; FRL-7261-4]


Approval and Promulgation of Air Quality Implementation Plans for 
the State of Montana; Revision to the Administrative Rules of Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP) 
revision submitted by the Governor of Montana on April 30, 2001. The 
April 30, 2001 submittal revises the State's Administrative Rules of 
Montana (ARM) by adding a Credible Evidence Rule. The intended effect 
of this action is to make the Credible Evidence Rule Federally 
enforceable. Finally, the Governor's April 30, 2001 submittal contains 
other SIP revisions which will be addressed separately. This action is 
being taken under section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before September 18, 
2002.

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. 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: Laurel Dygowski, EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'' or 
``our'' is used means EPA.

I. Analysis of the State Submittal

A. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
EPA. Section 110(a)(2) of the Act provides that each implementation 
plan admitted by a State must be adopted after reasonable notice and 
public hearing. Section 110(1) of the Act similarly provides that each 
revision to an implementation plan submitted by a State under the Act 
must be adopted by such State after reasonable notice and public 
hearing.
    EPA also must determine whether a submittal is complete and 
therefore warrants further EPA review and action (see section 110(k)(1) 
and 57 FR 13565). EPA's completeness criteria are set out at 40 CFR 
part 51, appendix V. EPA attempts to make completeness determinations 
within 60 days of receiving a submission. However, a submittal is 
deemed complete by operation of law if a completeness determination is 
not made by EPA six months after receipt of submission.
    To entertain public comment, the State of Montana, after providing 
adequate public notice, held several public hearings to address the 
revisions to the SIP. Following the public hearings and public comment 
period, the Montana Board of Environmental Review adopted the 
revisions. Revisions to ARM 17.8.132 were adopted on November 17, 2000.
    The Governor of Montana submitted the revisions to the SIP with a 
letter dated April 30, 2001. The SIP revisions were reviewed by EPA to 
determine completeness in accordance with the completeness criteria set 
out at 40 CFR part 51, appendix V. In a June 29, 2001 letter, the EPA 
informed the State that the submittal was found to be complete.

B. Summary of SIP Revisions

ARM 17.8.132--Credible Evidence
    Montana has adopted a credible evidence rule (ARM 17.8.132) to 
comply with the EPA's final rule concerning credible evidence. On 
February 24, 1997, EPA promulgated regulations under section 113(a) and 
113(e)(1) of the CAA that gave EPA authority to use all available data 
to prove CAA violations (see 62 FR 8314-8328). The final rule requires 
states to include provisions in their SIPs to allow for the use of 
credible evidence for the purposes of submitting compliance 
certifications and for establishing whether or not a person has 
violated a standard in a SIP.
    In accordance with section 110(k)(5) of the CAAA SIP Call was 
issued to the State of Montana on July 7, 1994 which was later 
superceded by another SIP Call on October 20, 1999. In a letter from 
William P. Yellowtail, EPA Regional Administrator, to Marc Racicot, 
Governor of Montana, EPA notified the State of Montana that their SIP 
was inadequate to comply with sections 110(a)(2)(A) and (C) of the CAA 
because the SIP could be interpreted to limit the types of credible 
evidence or information that may be used for determining compliance and 
establishing violations. In response to the SIP Call, the State of 
Montana adopted and submitted a new credible evidence rule, ARM 
17.8.132. EPA believes the State's new credible evidence rule meets the 
requirements of 40 CFR 51.212(c) and is proposing approval of it into 
the SIP.
    Section 110(l) of the Clean Air Act states that a SIP revision 
cannot be approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the NAAQS or any other applicable requirements of 
the Act. The Montana SIP revisions that are the subject of this 
document do not interfere with the maintenance of the NAAQS or any 
other applicable requirement of the Act because the State of Montana's 
new credible evidence rule meets the federal requirements in 40 CFR 
51.212(c) and this rule will enhance the State's efforts in 
implementing the Clean Air Act. Therefore, section 110(l) requirements 
are satisfied.

II. Proposed Action

    EPA is proposing to approve Montana's Credible Evidence Rule

[[Page 53766]]

(ARM 17.8.132) submitted on April 30, 2001. EPA is soliciting public 
comments on the issues discussed in this document or on other relevant 
matters. These comments will be considered before taking final action. 
Interested parties may participate in the Federal rulemaking procedure 
by submitting written comments to the EPA Regional office listed in the 
ADDRESSES section of this document.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Public Law 104-4).
    This proposed rule also does not have tribal implications because 
it will 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). This action also does not 
have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve 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. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. 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. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: August 13, 2002.
Robert E. Roberts,
Regional Administrator, Region 8.
[FR Doc. 02-20988 Filed 8-16-02; 8:45 am]
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