[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40922-40925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11344]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0009, FRL-8187-6]


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 October 25, 2005. The revisions are to the Administrative Rules of 
Montana and update the citations and references to federal documents 
and addresses where copies of documents can be obtained, and delete 
three definitions. 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 September 18, 2006 without further 
notice, unless EPA receives adverse comment by August 18, 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-2006-0009, by one of the following methods:
      http://www.regulations.gov. Follow the online 
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-
2006-0009. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. The 
www.regulations.gov Web site is 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 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

[[Page 40923]]

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 
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 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 October 25, 2005 
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 
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 October 25, 2005, 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, 17.8.302, 17.8.602, 
17.8.767, 17.8.802, 17.8.902, 17.8.1002, and 17.8.1102. The amendments 
update citations and references to Federal documents and addresses 
where copies of documents can be obtained. The Board of Environmental 
Review adopted these amendments on June 3, 2005 and they became 
effective on June 17, 2005. Additionally, the October 2005 submittal 
deletes the definition of ``public nuisance'' from Sub-Chapter 1 and 
the definitions of ``animal matter'' and ``reduction'' from Sub-Chapter 
3. The Board of Environmental Review rescinded the definitions on May 
18, 2001 and the rescission became effective on June 8, 2001.

III. EPA's Review of the State of Montana's October 25, 2005 Submittal

A. Revisions to the Administrative Rules of Montana Adopted June 3, 
2005 and Effective June 17, 2005

1. Changes to Sub-Chapter 1--General Provisions
    a. Review of changes to ARM 17.8.102--Incorporation by Reference--
Publication Dates. The state is updating the reference to the United 
States Code, and the dates of the Code of Federal Regulations and other 
state rules that are referenced. We are approving ARM 17.8.102 as in 
effect on June 17, 2005.
    b. Review of changes to ARM 17.8.103--Incorporation by Reference 
and Availability of Referenced Documents. The state is amending ARM 
17.8.103(3) and (4) to update the addresses for obtaining copies of 
documents referenced in the rule. We are approving ARM 17.8.103(3) and 
(4) as in effect on June 17, 2005.
2. Changes to Sub-Chapter 3--Emission Standards
    a. Review of changes to ARM 17.8.302--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.302(2) and amending ARM 
17.8.302(3) and (4) to update the addresses for obtaining copies of 
documents referenced in the rule. We are approving ARM 17.8.302(2), (3) 
and (4) as in effect on June 17, 2005.
3. Changes to Sub-Chapter 6--Open Burning
    a. Review of changes to ARM 17.8.602--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.602(2) and amending ARM 
17.8.602(3) and (4) to update the addresses for obtaining copies of 
documents referenced in the rule. We are approving ARM 17.8.602(2), (3) 
and (4) as in effect on June 17, 2005.
4. Changes to Sub-Chapter 7--Permit, Construction and Operation of Air 
Contaminant Sources
    a. Review if changes to ARM 17.8.767--Incorporation by Reference. 
EPA will address these revisions in a separate action with other 
revisions to Sub-Chapter 7 submitted previously.

[[Page 40924]]

5. Changes to Sub-Chapter 8--Prevention of Significant Deterioration of 
Air Quality
    a. Review of changes to ARM 17.8.802--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.802(2) and amending ARM 
17.8.802(3), (4) and (5) to update the addresses for obtaining copies 
of documents referenced in the rule. We are approving ARM 17.8.802(2), 
(3), (4) and (5) as in effect on June 17, 2005.
6. Changes to Sub-Chapter 9--Permit Requirements for Major Stationary 
Sources or Major Modifications Locating Within Nonattainment Areas
    a. Review of changes to ARM 17.8.902--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.902(2) and amending ARM 
17.8.902(3), (4) and (5) to update the addresses for obtaining copies 
of documents referenced in the rule. We are approving ARM 17.8.902(2), 
(3), (4) and (5) as in effect on June 17, 2005.
7. Changes to Sub-Chapter 10--Preconstruction Permit Requirements for 
Major Stationary Sources or Major Modifications Locating Within 
Attainment or Unclassified Areas
    a. Review of changes to ARM 17.8.1002--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.1002(2) and amending ARM 
17.8.1002(3), (4) and (5) to update the addresses for obtaining copies 
of documents referenced in the rule. We are approving ARM 17.8.1002(2), 
(3), (4) and (5) as in effect on June 17, 2005.
8. Changes to Sub-Chapter 11--Visibility Impact Assessment
    a. Review of changes to ARM 17.8.1102--Incorporation by Reference. 
The state is making minor changes to ARM 17.8.1102(2) and amending ARM 
17.8.1102(3) and (4) to update the addresses for obtaining copies of 
documents referenced in the rule. We are approving ARM 17.8.1102(2), 
(3) and (4) as in effect on June 17, 2005.

B. Deletion of Definitions from the Administrative Rules of Montana 
Rescinded May 18, 2001 and Effective June 8, 2001

1. Changes to Sub-Chapter 1--General Provisions
    a. Review of changes to ARM 17.8.101--Definitions. The state is 
deleting the definition of ``public nuisance.'' At the same time the 
state deleted its non-SIP approved odor rule they also deleted several 
definitions of terms that were included in the odor rule. Although the 
term ``public nuisance'' is used on two other air quality rules the 
state intends for the statutory definition to apply to these rules. We 
are approving the removal of the definition of ``public nuisance'' 
effective on June 8, 2001.
2. Changes to Sub-Chapter 3--Emission Standards
    a. Review of changes to ARM 17.8.301--Definitions. The state is 
deleting the definitions of ``animal matter'' and ``reduction.'' At the 
same time the state deleted its non-SIP approved odor rule they also 
deleted several definitions of terms that were included in the odor 
rule. The term ``animal matter'' is not used in any other air quality 
rules. The term ``reduction'' is used in other air quality rules, 
however, in the other rules its meaning is different than that 
contained in the definition being deleted. The state intends the term 
``reduction'' to have the meaning indicated by the particular context 
of each rule. We are approving the removal of the definitions for 
``animal matter'' and ``reduction'' effective on June 8, 2001.

IV. Final Action

    EPA is approving the following changes to the ARM that were 
submitted on October 25, 2005 and effective on June 17, 2005: ARM 
17.8.102(1), 17.8.103(3) and (4); 17.8.302(2), (3) and (4); 
17.8.602(2), (3) and (4); 17.8.802(2), (3), (4) and (5); 17.8.902(2), 
(3), (4) and (5); 17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) 
and (4).
    EPA is approving the deletion of the following definitions from the 
ARM that were submitted on October 25, 2005 and effective on June 8, 
2001: ``public nuisance'' in Sub-Chapter 1 and ``animal matter'' and 
``reduction'' in Sub-Chapter 3.
    EPA is not acting on the following changes to the ARM that were 
submitted on October 25, 2005 and effective on June 17, 2005: ARM 
17.8.767(1), (2), (3) and (4). These revisions will be addressed in a 
separate action.
    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 October 25, 2005 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 September 18, 
2006 without further notice unless the Agency receives adverse comments 
by August 18, 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).

[[Page 40925]]

    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 September 18, 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: June 13, 2006.
Andrew M. Gaydosh,
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)(64) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (64) Revisions to State Implementation Plan were submitted by the 
State of Montana on October 25, 2005. The revisions are to the 
Administrative Rules of Montana and: update the citations and 
references to federal documents and addresses where copies of documents 
can be obtained; and delete the definition of ``public nuisance'' from 
Sub-Chapter 1 and the definitions of ``animal matter'' and 
``reduction'' from Sub-Chapter 3.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM 
17.8.102(1), 17.8.103(3) and (4); 17.8.302(2), (3) and (4); 
17.8.602(2), (3) and (4); .17.8.802(2), (3), (4) and (5); 17.8.902(2), 
(3), (4) and (5); 17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) 
and (4), effective June 17, 2005.

[FR Doc. E6-11344 Filed 7-18-06; 8:45 am]
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