[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3770-3773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-633]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-MT-0001, FRL-8012-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana; Direct Final 
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the State of Montana 
on August 25, 2004. The revisions are to the Administrative Rules of 
Montana and correct internal references to state documents; correct 
references to, or update citations of, Federal documents; and make 
minor editorial changes. The intended effect of this action is to make 
federally enforceable those provisions that EPA is approving. This 
action is being taken under section 110 of the Clean Air Act.

DATES: This rule is effective on March 27, 2006 without further notice, 
unless EPA receives adverse comment by February 23, 2006. If adverse 
comment is received, EPA will publish a timely withdrawal of the direct 
final rule in the Federal Register informing the public that the rule 
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2005-MT-0001, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected] and [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and 
Radiation Program, Environmental Protection Agency (EPA), Region 8, 
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m. 
to 4:55 p.m., excluding Federal holidays. Special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2005-MT-0001. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is

[[Page 3771]]

an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air and Radiation 
Program, Environmental Protection Agency (EPA), Region 8, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466. EPA requests that if at 
all possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the hard copy of the docket. You 
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, Air and Radiation 
Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region 
8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466, (303) 312-
6437, [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. EPA's Review of the State of Montana's August 25, 2004 
Submittal
IV. Final Action
V. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain 
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air 
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Montana mean the State of Montana, unless 
the context indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background

    On August 25, 2004, the Governor submitted a SIP revision that 
contains amendments to the following sections of the Administrative 
Rules of Montana (ARM) 17.8.102, 17.8.103, 17.8.106, 17.8.130, 
17.8.316, 17.8.320, 17.8.401, 17.8.801, 17.8.819 and 17.8.822. The 
amendments correct internal references to state documents; correct 
references to, or update citations of, federal documents; and make 
minor editorial changes. The Board of Environmental Review adopted the 
amendments on March 26, 2004.
    On December 22, 2004, the Governor of Montana rescinded the 
submission of the changes to ARM 17.8.102.

III. EPA's Review of the State of Montana's August 25, 2004 Submittal

A. Changes to Sub-Chapter 1--General Provisions

    1. Review of changes to ARM 17.8.102--Incorporation by Reference--
EPA is not acting on these changes since the Governor rescinded them.
    2. Review of changes to ARM 17.8.103--Incorporation by Reference 
and Availability of Referenced Documents. The state is correcting a 
reference to the Montana Source Test Protocol and Procedures Manual 
(July 1994 ed.). We are not acting on these changes at this time.
    3. Review of changes to ARM 17.8.106--Source Testing Protocol. The 
state is correcting a reference to the Montana Source Test Protocol and 
Procedures Manual (July 1994 ed.). We are not acting on these changes 
at this time.
    4. Review of changes to ARM 17.8.130--Enforcement Procedures--
Notice of Violation Order to Take Corrective Action. The state is 
updating language and making minor editorial changes necessary to 
conform to the Montana Code Annotated. We are approving all of ARM 
17.8.130 as in effect on April 9, 2004.

B. Changes to Sub-Chapter 3--Emission Standards

    1. Review of changes to ARM 17.8.316--Incinerators. We are not 
acting on the changes to ARM 17.8.316 because of other pending changes 
to this section that we have not acted on yet. We will address both 
changes in a separate action.

[[Page 3772]]

    2. Review of changes to ARM 17.8.320(9)--Wood-Waste Burners. The 
state is correcting internal citations to other state regulations. We 
are approving ARM 17.8.320(9) as in effect on April 9, 2004.

C. Changes to Sub-Chapter 4--Stack Heights and Dispersion Techniques

    1. Review of changes to ARM 17.8.401--Definitions. The state is 
making minor clerical changes. We are not acting on these changes at 
this time for the same reasons stated on our August 13, 2001 action (66 
FR 42427 at 42434).

D. Changes to Sub-Chapter 8--Prevention of Significant Deterioration of 
Air Quality

    1. Review of changes to ARM 17.8.801--Definitions. The state is 
making minor clerical changes to how federal documents are cited in the 
definitions. We are approving the revisions to ARM 17.8.801(22) as in 
effect on April 9, 2004.
    2. Review of changes to ARM 17.8.819--Control Technology Review. 
The state is making minor clerical changes to how federal documents are 
cited. We are approving all of ARM 17.8.819 as in effect on April 9, 
2004.
    3. Review of changes to ARM 17.8.822--Air Quality Analysis. The 
state is correcting internal citations to other state regulations and 
making other minor clerical changes. We are approving all of ARM 
17.8.822 as in effect on April 9, 2004.

IV. Final Action

    EPA is approving the following changes to the ARM that were 
submitted on August 25, 2004 and effective on April 9, 2004: ARM 
17.8.130; 17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822.
    EPA is not acting on the following changes to the ARM that were 
submitted on August 25, 2004 and effective on April 9, 2004: ARM 
17.8.103, 17.8.106, 17.8.316 and 17.8.401. These revisions will be 
addressed in separate actions.
    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. The August 25, 2004 submittal 
merely makes administrative amendments to the State's Administrative 
Rules of Montana. Therefore, section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments; we are merely approving administrative changes to 
Montana's air rules. However, in the ``Proposed Rules'' section of 
today's Federal Register publication, EPA is 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 March 27, 2006 
without further notice unless the Agency receives adverse comments by 
February 23, 2006. If the EPA receives adverse comments, EPA will 
publish a timely 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, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. 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), 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.

[[Page 3773]]

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 27, 2006. 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 7, 2005.
Kerrigan G. Clough,
Acting 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)(62) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (62) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 25, 2004. The revisions correct internal 
references to state documents; correct references to, or update 
citations of, Federal documents; and make minor editorial changes.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.130; 
17.8.320(9); 17.8.801(22); 17.8.819; and 17.8.822, effective April 9, 
2004.

[FR Doc. 06-633 Filed 1-23-06; 8:45 am]
BILLING CODE 6560-50-P