[Federal Register Volume 72, Number 238 (Wednesday, December 12, 2007)]
[Proposed Rules]
[Pages 70540-70542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24093]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0806; FRL-8504-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana--Air Quality, 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing to approve revisions to the State 
Implementation Plan (SIP) submitted by the Governor of Montana on 
December 8, 1997, May 28, 2003, and August 25, 2004. The December 8, 
1997 submittal revised the Administrative Rules of Montana (ARM ) 
Chapter 8, Subchapter 3, Section 17.8.316 (Incinerators) by adding 
Subsection (6). ARM 17.8.316(6) excludes incinerators from having to 
comply with the other provisions of ARM 17.8.316, including the 
particulate matter emissions standard of 0.10 grains per cubic foot and 
the 10% opacity standard, if these sources have been issued a Montana 
air quality permit under 75-2-215, Montana Code Annotated (MCA), and 
ARM 17.8.770, which pertain to permitting of solid or hazardous waste 
incinerators. The August 25, 2004 submittal made a minor editorial 
revision to ARM 17.8.316(5). The May 28, 2003 submittal made minor 
editorial revisions to ARM 17.8.316(6). This action is being taken 
under section 110 of the Clean Air Act (CAA).

DATES: Comments must be received on or before January 11, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0806, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air and Radiation Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
     Hand Delivery: Director, Air and Radiation Program, 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only 
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding 
Federal holidays. Special arrangements should be made for deliveries of 
boxed information.

[[Page 70541]]

    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0806. 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 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, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. 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: Carl Daly, Air and Radiation Program, 
U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202, (303) 312-6416, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Summary of SIP Revision
III. Proposed Action
IV. 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. Summary of SIP Revision

    On December 8, 1997, the State of Montana submitted to EPA a SIP 
revision request. The revision added Subsection (6) to Section 17.8.316 
(Incinerators) of the Administrative Rules of Montana (ARM), Chapter 8 
(Air Quality), Subchapter 3 (Emission Standards). Subsection (6) 
exempts incinerators from the requirements of ARM 17.8.316, including 
the particulate matter emissions standard of 0.10 grains per cubic foot 
and the 10% opacity standard, if these sources have been issued a 
Montana air quality permit under 75-2-215, MCA, and ARM 
17.8.706(5).1 2
---------------------------------------------------------------------------

    \1\ Montana Code Annotated (MCA) 75-2-215 (Solid or hazardous 
waste incineration--Additional permit requirements)
    \2\ ARM 17.8.706(5) was recodified to ARM 17.8.770 effective on 
December 6, 2002. This provision has not been submitted by the State 
to be incorporated into the federally aproved SIP. ARM 17.8.770 (ARM 
17.8.706(5)) requires applicants for a preconstruction permit for an 
incineration facility to submit a human health risk assessment 
protocol and a human health risk assessment.
---------------------------------------------------------------------------

    The revision also included wording changes to ARM 17.8.316. Most 
are minor editorial or technical corrections and do not change the 
substance of the rule. One of the changes was to substitute the words 
``solid and hazardous waste'' for the word ``refuse'' in the rule. The 
effect of this change was to extend the rule requirements to 
incinerators burning solid or hazardous waste, not just refuse. The 
full text of the changes can be found in our Technical Support Document 
(TSD), which is contained in the Docket for this action.
    We interpret ARM 17.8.316(6) to allow terms of a permit to override 
a requirement that has been approved as part of the SIP (i.e., the 
provisions in ARM 17.8.316(1)-(5)). Therefore, this revision requires 
an analysis showing that this new rule will not interfere with

[[Page 70542]]

compliance with the National Ambient Air Quality Standards (NAAQS) or 
Prevention of Significant Deterioration (PSD) increments. Section 
110(l) of the CAA states that EPA cannot approve a SIP revision that 
would interfere with any applicable requirement concerning attainment 
or reasonable further progress, as defined in Section 171 of the CAA, 
or any other applicable requirements of the CAA. Montana did not 
provide any demonstration in its December 8, 1997 SIP revision 
submittal that ARM 17.8.316(6) meets these criteria. Subsequent to the 
State's submittal, EPA requested information from the Montana 
Department of Environmental Quality (DEQ) in order to conduct its own 
analysis on the impact of ARM 17.8.316(6) on the attainment and 
maintenance of the NAAQS for particulate matter with an aerodynamic 
diameter less than or equal to 10 and 2.5 micrometers (PM-10 and PM-
2.5) and compliance with the PSD PM-10 increments. Based on this 
analysis, EPA has determined that this specific change to a SIP 
requirement will not adversely impact the attainment and maintenance of 
the PM-10 and PM-2.5 NAAQS, or compliance with the PM-10 increments, in 
Montana. EPA's analysis of this revision's impact is contained in the 
TSD for this action. In addition, the TSD discusses EPA's verification 
that ARM 17.8.316(6) will not impact compliance with, or the ability to 
enforce, the federal New Source Performance Standards (NSPS) or Maximum 
Achievable Control Technology (MACT) regulations. Based on a letter 
from the Montana DEQ dated October 2, 2007, and its own consideration 
of the rule change, EPA has determined that ARM 17.8.316(6) will not 
interfere with, supersede, or replace any NSPS or MACT requirements for 
sources, or affect in any way the State's, EPA's, or any other person's 
ability to enforce such NSPS or MACT requirements. The TSD and the DEQ 
letter are available for review as part of the Docket for this action.
    On August 25, 2004, the State of Montana submitted to EPA a SIP 
revision request that, in part, revised Subsection (5) to ARM 17.8.316 
(Incinerators). This revision makes a minor change to the third 
sentence of Subsection (5) from: ``Testing shall be conducted in 
accordance with ARM 17.8.106 and the Montana Source Testing Protocol 
and Procedures Manual''; to: ``Testing shall be conducted in accordance 
with ARM 17.8.106 and the Montana Source Test Protocol and Procedures 
Manual.''
    On May 28, 2003, the State of Montana submitted to EPA a SIP 
revision request that, in part, revised ARM 17.8.316(6). This revision 
makes minor changes to Subsection (6) from: ``This rule does not apply 
to incinerators for which an air quality preconstruction permit has 
been issued under 75-2-215, MCA, and ARM 17.8.706(5)''; to: ``This rule 
does not apply to incinerators for which a Montana air quality permit 
has been issued under 75-2-215, MCA, and ARM 17.8.770.''
    EPA's review of the revisions to ARM 17.8.316 indicates that they 
are consistent with the CAA, and we are proposing to approve the 
revisions to ARM 17.8.316 into the Montana SIP. EPA is soliciting 
public comments on the issues discussed in this document or on other 
relevant matters. These comments will be considered before taking final 
action. Interested parties may participate in the Federal rulemaking 
procedure by submitting written comments to the EPA Regional office 
listed in the ADDRESSES section of this document.

III. Proposed Action

    EPA is proposing to approve the revisions to ARM 17.8.316, 
submitted on December 8, 1997, May 28, 2003, and August 25, 2004, into 
the Montana SIP.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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 proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This proposed 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 approves a state rule implementing a Federal 
standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 CAA. 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 proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: December 4, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
 [FR Doc. E7-24093 Filed 12-11-07; 8:45 am]
BILLING CODE 6560-50-P