[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Rules and Regulations]
[Pages 70009-70011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29335]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP NO. MT-001-0043, FRL-7397-4]


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

AGENCY: Environmental Protection Agency (EPA).

[[Page 70010]]


ACTION: Final rule.

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SUMMARY: EPA is approving 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 have been addressed separately. This action is being 
taken under section 110 of the Clean Air Act (CAA).

EFFECTIVE DATE: This final rule is effective December 20, 2002.

ADDRESSES: 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 at the Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, Room B-108 
(Mail Code 6102T), 1301 Constitution Ave., NW., 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: Laurel Dygowski , EPA, Region 8, (303) 
312-6144.

SUPPLEMENTARY INFORMATION: On August 19, 2002 (67 FR 53765), EPA 
published a notice of proposed rulemaking (NPR) for the State of 
Montana. The NPR proposed approval of 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 (ARM 17.8.132). The 
intended effect of this action is to make the Credible Evidence Rule 
Federally enforceable.

I. Final Action

    Since we received no comment on the August 19, 2002 notice of 
proposed rulemaking, EPA is approving 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 (ARM 17.8.132).

II. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this 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 approves 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 (Pub. L. 104-4).
    This 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 approves 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 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.).
    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).
    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 January 21, 2003. 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).)

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, Volatile organic compounds.

    Dated: October 10, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region 8.

    40 CFR part 52, Chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

[[Page 70011]]

PART 52--[AMENDED]

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

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

Subpart BB--Montana

    2. Section 52.1370 is amended by adding paragraph (c)(58) to read 
as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (58 ) On April 30, 2001, the Governor of Montana submitted a 
request to add a credible evidence rule to the Administrative Rules of 
Montana (ARM). ARM 17.8.132--``Credible Evidence'' has been approved 
into the SIP.
    (i) Incorporation by reference.
    (A) ARM 17.8.132 effective December 8, 2000.

[FR Doc. 02-29335 Filed 11-19-02; 8:45 am]
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