[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3776-3779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-634]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 60

[EPA-R08-OAR-2004-MT-0001, FRL-8012-9]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana; New Source 
Performance Standards for Montana; Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Montana on August 20, 2003, except for 
revisions to three rules that EPA will act on at a later date. The 
revisions modify definitions and references to federal regulations and 
other materials in the Administrative Rules of Montana. 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.

EFFECTIVE DATE: This final rule is effective February 23, 2006.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2004-MT-0001. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through

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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. Background
II. Final Action
III. 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. Background

    On July 20, 2004 (69 FR 43371), EPA published a notice of proposed 
rulemaking partially approving and partially disapproving SIP revisions 
submitted by the State of Montana on April 18, 2003 and August 20, 
2003. The revisions modify the open burning rules, definitions and 
references to federal regulations and other materials in the 
Administrative Rules of Montana. At this time we are finalizing our 
proposed action on the August 20, 2003 submittal. We will address the 
April 18, 2003 submittal, pertaining to open burning rules and ARM 
17.8.302(1)(f), in a separate action. In the July 20, 2004 proposed 
rulemaking notice we also announced that on January 9, 2004, pursuant 
to section 111(c) of the Act, we delegated the authority to the State 
of Montana to implement and enforce the New Source Performance 
Standards (NSPS).
    The August 20, 2003 submittal contains amendments to definitions 
and incorporation by reference of current federal regulations and other 
material into air quality rules at ARM 17.8.101, 17.8.102, 17.8.103, 
17.8.106, 17.8.110, 17.8.302, 17.8.401, 17.8.402, 17.8.801, 17.8.802, 
17.8.818, 17.8.819, 17.8.821, 17.8.901, 17.8.902, 17.8.905, and 
17.8.1002. The amendments update federal citations, make clerical 
amendments, and eliminate the duplication of statutory language in 
definitions by citing to the definitions in the statute.
    We proposed to approve all of the August 20, 2003 submittal, except 
for changes in ARM 17.8.401 and 402. In our proposal we indicated that 
we were not acting on the changes to ARM 17.8.401 and 402 at this time 
for the same reasons stated on our August 13, 2001 action (66 FR 42427 
at 42434). We did not receive any comments on our proposed action of 
the August 20, 2003 submittal.
    We have also decided to not act on the changes to ARM 17.8.106 at 
this time. We will address ARM 17.8.106 at a later date.

II. Final Action

    EPA is approving the following changes to the ARM that were 
submitted on August 20, 2003 and effective on April 11, 2003: ARM 
17.8.101(2), (8), (9), (12), (19), (20), (22), (23), (30) and (36); 
17.8.102; 17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), 
(6), (20), (21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), 
(3) and (6); 17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 
17.8.902(1); 17.8.905(1)(c); and 17.8.1002(1). We are also approving 
the deletion of ARM 17.8.101(43) that references definitions in the 
Montana Code Annotated.
    EPA is not acting on the following changes to the ARM that were 
submitted on August 20, 2003 and effective on April 11, 2003: ARM 
17.8.106, 17.8.401 and 17.8.402. These revisions will be addressed in a 
separate action.
    EPA is updating the table in 40 CFR 60.4(c), entitled ``Delegation 
Status of New Source Performance Standards [(NSPS) for Region VIII],'' 
to indicate the current status of the 40 CFR part 60 NSPS that are 
delegated to the State of Montana.
    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 20, 2003 submittal 
merely makes administrative amendments to the State's Administrative 
Rules of Montana. Therefore, section 110(l) requirements are satisfied.

III. 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.

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    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 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

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.

40 CFR Part 60

    Administrative practice and procedure, Air pollution control, 
Aluminum, Ammonium sulfate plants, Beverages, Carbon monoxide, Cement 
industry, Coal, Copper, Dry cleaners, Electric power plants, 
Fertilizers, Fluoride, Gasoline, Glass and glass products, Graphic arts 
industry, Household appliances, Insulation, Intergovernmental 
relations, Iron, Lead, Lime, Metallic and nonmetallic mineral 
processing plants, Metals, Motor vehicles, Natural gas, Nitric acid 
plants, Nitrogen dioxide, Paper and paper products industry, 
Particulate matter, Paving and roofing materials, Petroleum, Phosphate, 
Plastics materials and synthetics, Reporting and recordkeeping 
requirements, Sewage disposal, Steel, Sulfur oxides, Tires, Urethane, 
Vinyl, Waste treatment and disposal, Zinc.

    Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.

0
40 CFR parts 52 and 60 are 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)(61) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (61) Revisions to State Implementation Plan were submitted by the 
State of Montana on August 20, 2003. The revisions modify definitions 
and references to federal regulations and other materials in the 
Administrative Rules of Montana (ARM). The revisions also delete the 
definition at ARM 17.8.101(43).
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 
17.8.101(2), (8), (9), (12), (19), (20), (22), (23), (30), and (36); 
17.8.102; 17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4), 
(6), (20), (21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2), 
(3) and (6); 17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14); 
17.8.902(1); 17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003.

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended 
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat. 
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as 
amended, 104 Stat. 2399, unless otherwise noted).

Subpart A--General Provisions

0
2. Section 60.4 is amended by revising the entries for ``Eb--Large 
Municipal Waste Combustors'' and ``Ec--Hospital/Medical/Infectious 
Waste Incinerators'' in the table in paragraph (c) entitled 
``Delegation Status of New Source Performance Standards [(NSPS) for 
Region VIII]'' to read as follows:


Sec.  60.4  Address.

* * * * *
    (c) * * *

                              Delegation Status of New Source Performance Standards
                                            [(NSPS) for Region VIII]
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                       Subpart                           CO        MT        ND        SD        UT        WY
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                                                  * * * * * * *
Eb--Large Municipal Waste Combustors................  ........        X   ........        X         X         X
Ec--Hospital/Medical/Infectious Waste Incinerators..        X         X         X         X         X         X
 
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[FR Doc. 06-634 Filed 1-23-06; 8:45 am]
BILLING CODE 6560-50-P