[Federal Register Volume 69, Number 14 (Thursday, January 22, 2004)]
[Rules and Regulations]
[Pages 3011-3012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1233]



[[Page 3011]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SIP No. MT-001-0005, MT-001-0006; FRL-7609-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Thompson Falls PM10 Nonattainment Area Control Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Governor of Montana on June 26, 1997, and June 13, 
2000, as meeting the requirements for moderate PM-10 nonattainment 
areas contained in Part D of the Clean Air Act. (Portions of the June 
26, 1997, submittal were withdrawn by the Governor of Montana on 
February 28, 1999. We are only acting on the portions of the June 26, 
1997, submittal that were not withdrawn.) These revisions contain an 
inventory of emissions for Thompson Falls and establish and require 
continuation of all control measures adopted and implemented for 
reductions of particulate matter with an aerodynamic diameter less than 
or equal to 10 micrometers (PM10) in order to attain the 
PM10 National Ambient Air Quality Standards (NAAQS) in 
Thompson Falls. We are approving the control measures and the emissions 
inventory as part of the Montana SIP and making the control measures 
Federally enforceable. Also, we will be taking action on other portions 
of the June 13, 2000, submittal at a later time. This action is being 
taken under section 110 of the Clean Air Act.

EFFECTIVE DATE: This final rule is effective February 23, 2004.

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 80202-2466 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 November 19, 2003 (68 FR 65229), we 
proposed to approve SIP revisions submitted by the Governor of Montana 
on June 26, 1997, and June 13, 2000, as meeting the requirements for 
moderate PM-10 nonattainment areas contained in Part D of the Clean Air 
Act.\1\ These revisions contain an inventory of emissions for Thompson 
Falls and establish and require continuation of all control measures 
adopted and implemented for reductions of particulate matter with an 
aerodynamic diameter less than or equal to 10 micrometers 
(PM10) in order to attain the PM10 National 
Ambient Air Quality Standards (NAAQS) in Thompson Falls. A discussion 
of the control measures is contained in the November 19, 2003, proposed 
rulemaking. With this action, we are approving the submitted emission 
inventory and control measures for Thompson Falls as meeting the 
requirements of Part D of the Clean Air Act and also making the control 
measures Federally enforceable.
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    \1\ On February 28, 1999, the Governor of Montana withdrew all 
chapters of the Thompson Falls Air Pollution Control Plan submitted 
on June 26, 1997, except chapters 45.2, 45.10.10, and 45.10.12, and 
the emissions inventory. The June 13, 2000 submittal contained 
corrections to chapter 45.10.10 and the emissions inventory 
submitted on June 26, 1997. We are only approving the portions of 
the SIP that the Governor did not withdraw, as corrected by the June 
13, 2000 submittal.
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I. Final Action

    We received no comment on our November 19, 2003, notice of proposed 
rulemaking. EPA is approving State Implementation Plan revisions 
submitted by the Governor of Montana on June 26, 1997, and June 13, 
2000. The June 26, 1997, submittal contains the Thompson Falls Air 
Pollution Control Plan and an emissions inventory for the Thompson 
Falls PM10 nonattainment area. On February 28, 1999, the 
Governor of Montana withdrew all chapters of the Thompson Falls Air 
Pollution Control Plan submitted on June 26, 1997, except chapters 
45.2, 45.10.10 and 45.10.12 and the emissions inventory. The June 13, 
2000, submittal contains corrections to chapter 45.10.10 of the 
Thompson Falls Air Pollution Control Plan and the emissions inventory 
submitted on June 26, 1997. Chapters 45.2, 45.10.10 and 45.10.12 of the 
Thompson Falls Air Pollution Control Plan include the PM10 
control measures, control demonstration and enforceability sections of 
the plan. We are approving the emissions inventory for Thompson Falls 
and chapters 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air 
Pollution Control Plan as meeting the requirements for moderate PM-10 
nonattainment areas contained in Part D of the Clean Air Act.

II. Statutory and Executive Order Reviews

    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),

[[Page 3012]]

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 March 22, 2004. 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: December 31, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

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

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

Subpart BB--Montana

0
2. Section 52.1370 is amended by adding paragraph (c)(60) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (60) On June 26, 1997, the Governor of Montana submitted the 
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997, submittal. On 
February 28, 1999, the Governor of Montana withdrew all chapters of the 
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, 
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections 
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control 
Plan.
    (i) Incorporation by reference.
    (A) Board Order issued June 20, 1997, by the Montana Board of 
Environmental Review, as reprinted in section 45.2.2 of the Thompson 
Falls Air Pollution Control Plan. The Board Order adopts and 
incorporates the May 1997 Maintenance Agreement Between the City of 
Thompson Falls, Montana Department of Transportation, and Montana 
Department of Environmental Quality which contains the control plan for 
the attainment and maintenance of the PM-10 National Ambient Air 
Quality Standards in the Thompson Falls area.
    (B) May 1997 Maintenance Agreement between the City of Thompson 
Falls, Montana Department of Transportation, and Montana Department of 
Environmental Quality, as reprinted in section 45.2.1 of the Thompson 
Falls Air Pollution Control Plan.
    (ii) Additional Material.
    (A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air 
Pollution Control Plan.

0
3. Section 52.1391 is amended by redesignating the existing paragraph 
as paragraph (a) and adding paragraph (b) to read as follows:


Sec.  52.1391  Emission inventories.

* * * * *
    (b) As part of the Thompson Falls Air Pollution Control Plan 
(approved at Sec.  52.1370(c)(60)), the Governor of Montana submitted a 
PM-10 emission inventory for the Thompson Falls area as a SIP revision. 
The PM-10 emission inventory covers the time period of July 1, 1990 
through June 30, 1991.

[FR Doc. 04-1233 Filed 1-21-04; 8:45 am]
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