[Federal Register Volume 73, Number 80 (Thursday, April 24, 2008)]
[Rules and Regulations]
[Pages 22057-22062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-0367; FRL-8552-4]


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

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 Governor of 
Montana on June 26, 1997, and June 13, 2000. (Portions of the June 26, 
1997 submittal were withdrawn by the Governor of Montana on February 8, 
1999). These revisions contain an inventory of emissions for Whitefish 
and establish and require continuation of all control measures adopted 
and implemented for reductions of particulate aerodynamic diameter less 
than or equal to 10 micrometers (PM10) in order to attain 
the PM10 National Ambient Air Quality Standards (NAAQS) in 
Whitefish. Using the PM10 clean data areas approach, we are 
approving the control measures and the emissions inventory that were 
submitted as part of the PM10 nonattainment area SIP for 
Whitefish. This action is being taken under section 110 of the Clean 
Air Act (CAA or Act).

DATES: This rule is effective on June 23, 2008 without further notice, 
unless EPA receives adverse comment by May 27, 2008. 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-2007-0367, 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

[[Page 22058]]

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 a.m. to 4:30 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-
2007-0367.
    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 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, 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: Laurel Dygowski, EPA Region 8, 1595 
Wynkoop, Denver, CO 80202-1129, (303) 312-6144; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Summary of SIP Revision
III. Analysis of Requirements to Use Clean Data Areas Approach
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://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

A. Background

    The Whitefish area was designated nonattainment for PM10 and 
classified as moderate under section 107(d)(3) of the Clean Air Act on 
October 19, 1993 (see 58 FR 36908 (July 9, 1993), 58 FR 53886 (October 
19, 1993), and 40 CFR 81.327 (Flathead County (part)). The Whitefish 
designation became effective on November 18, 1993. The air quality 
planning requirements for moderate PM10 nonattainment areas are set out 
in subparts 1 and 4 of Title I of the Act. Subpart 1 applies to 
nonattainment areas generally and subpart 4 applies to PM10 
nonattainment areas. At times, subpart 1 and subpart 4 overlap or 
conflict. We have attempted to clarify the relationship among these 
provisions in guidance entitled the ``General Preamble'' (see 57 FR 
13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)) and, as 
appropriate, in today's notice.

B. What Requirements Do States Need To Follow in Developing PM10 
Nonattainment Area SIPs?

    Our ``General Preamble'' describes our preliminary views on how we 
will

[[Page 22059]]

review SIPs and SIP revisions submitted under Title I of the Act, 
including State-submitted SIPs for moderate PM10 nonattainment areas 
(see generally 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 
1992)). In this document, we are applying our interpretations 
considering the specific factual issues presented.
    A State containing a moderate PM10 nonattainment area designated 
after the 1990 Amendments is normally required to submit several 
provisions within 18 months of the effective date of the designation. 
These provisions were due for the Whitefish area by May 18, 1995. They 
include an emissions inventory, control measures, an attainment 
demonstration, quantitative milestones for reasonable further progress 
(RFP), and contingency measures. Requirements for the control measures 
include: provisions to assure that reasonably available control 
measures (RACM), including reasonably available control technologies 
(RACT), shall be implemented no later than four years after 
designation, which was November 18, 1997 for Whitefish. However, under 
the PM10 clean data areas approach that we are proposing to use here, 
we are only proposing to require the control measures, the provisions 
for enforcing those measures, and the emissions inventory for 
Whitefish.
1. Clean Data Areas Approach
    The air quality planning requirements for PM10 nonattainment areas 
are set out in subparts 1 and 4 of title I of the Act. EPA has issued a 
General Preamble \1\ and Addendum to the General Preamble \2\ 
describing our preliminary views on how the Agency intends to review 
state implementation plans (SIPs) submitted to meet the CAA's 
requirements for PM10 plans. These documents provide 
detailed discussions of our interpretation of the title I requirements.
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    \1\ ``General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990,'' 57 FR 13498 (April 16, 1992), as 
supplemented at 57 FR 18070 (April 28, 1992).
    \2\ ``State Implementation Plans for Serious PM10 Nonattainment 
Areas, and Attainment Date Waivers for PM10 Nonattainment Areas 
Generally; Addendum to the General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' 59 FR 41998 
(August 16, 1994).
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    In nonattainment areas where monitored data demonstrate that the 
NAAQS have already been achieved, EPA has determined that certain 
requirements of part D, subparts 1 and 2 of the Act do not apply. 
Therefore we do not require certain submissions for an area that has 
attained the NAAQS. These include reasonable further progress (RFP) 
requirements, attainment demonstrations, RACM, and contingency 
measures, because these provisions have the purpose of helping achieve 
attainment of the NAAQS.
    This interpretation of the CAA is known as the Clean Data Policy 
and is the subject of two EPA memoranda. EPA also finalized the 
statutory interpretation set forth in the policy in a final rule, 40 
CFR 51.918, as part of its ``Final Rule to Implement the 8-hour Ozone 
National Ambient Air Quality Standard--Phase 2'' (Phase 2 Final Rule). 
See discussion in the preamble to the rule at 70 FR 71612, 71645-46 
(November 29, 2005).
    EPA believes that the legal bases set forth in detail in our Phase 
2 Final rule, our May 10, 1995 memorandum from John S. Seitz, entitled 
``Reasonable Further Progress, Attainment Demonstration, and Related 
Requirements for Ozone Nonattainment Areas Meeting the Ozone National 
Ambient Air Quality Standard,'' and our December 14, 2004 memorandum 
from Stephen D. Page entitled ``Clean Data Policy for the Fine Particle 
National Ambient Air Quality Standards'' are equally pertinent to the 
interpretation of provisions of subparts 1 and 4 applicable to 
PM10. Our interpretation that an area that is attaining the 
standards is relieved of obligations to demonstrate RFP and to provide 
an attainment demonstration, RACM and contingency measures pursuant to 
part D of the CAA, pertains whether the standard is PM10, 
ozone or PM2.5 (see 71 FR 40954-40955).
    If an area meets the following requirements, the state will no 
longer be required to develop an attainment demonstration, contingency 
measures or a RFP demonstration. The area must meet the following 
requirements:
    (a) The area must be attaining the PM10 NAAQS with the 
three most recent years of quality-assured air quality data.
    (b) The state must continue to operate an appropriate 
PM10 air quality monitoring network, in accordance with 40 
CFR part 58, in order to verify the attainment status of the area.
    (c) The control measures for the area, which were responsible for 
bringing the area into attainment, must be approved by EPA as meeting 
the CAA requirements for RACM/RACT.
    (d) A PM10 emissions inventory must be completed for the 
area.

III. Analysis of Requirements to Use Clean Data Areas Approach

A. Attainment of the PM10 NAAQS

    Whether an area has attained the PM10 NAAQS is based 
exclusively upon measured air quality levels over the most recent and 
complete three calendar year period (see 40 CFR part 50 and 40 CFR 50, 
appendix K). On November 1, 2001 (66 FR 55102), we published a final 
rulemaking action declaring that the Whitefish PM10 
nonattainment area was in attainment of the PM10 standard 
based on 2003-2005 monitoring data and that the area had attained the 
standard by its attainment date. The applicable attainment date as 
required by the CAA for Whitefish was December 31, 2000. If you wish to 
obtain more information regarding our attainment determination, please 
see our November 1, 2001, Federal Register document.
    To use the PM10 clean data areas approach, an area must 
be attaining with the three most recent years of quality assured data 
at the time of this notice. In this case, the three most recent years 
are 2003-2005. During the 2003-2005 period, data was collected at the 
Dead End monitoring station (AQS identification 30-029-0009). 
The regulatory requirement for data capture in 40 CFR part 50, Appendix 
K, is 75 percent on a quarterly basis. The 2003-2005 monitoring data 
shows no exceedances of either the 24-hour or annual PM10 
NAAQS during this period, and data capture met the 75 percent 
criterion.

B. Continued Operation of PM10 Monitoring Network

    The Montana Department of Environmental Quality (MDEQ) shall 
continue to operate its PM10 air quality monitoring network 
in accordance with 40 CFR, part 58, in order to verify the attainment 
status of the area. We approved Montana's state-wide air quality 
monitoring program on March 9, 1981 (see 46 FR 15686). This approval 
established the state and local air monitoring station (SLAMS) network, 
the maintenance requirements for the monitoring stations, and the 
method of data reporting and annual review for the stations. The 
stations are to monitor ambient levels of criteria pollutants (for 
which NAAQS have been established). All SLAMS are to be operated in 
accordance with the criteria established in 40 CFR 58, subpart B, and 
are to be sited according to 40 CFR 58, appendix E. Reference or 
equivalent monitors are to be used as defined in 40 CFR 50.1 and the 
quality assurance procedures are to be followed as outlined in 40 CFR 
58, appendix A. On December 21, 1993 (see 58 FR 67324), we approved 
revisions to the state-wide monitoring SIP to update the existing 
monitoring SIP.
    Monitoring in Whitefish for PM10 is currently performed 
at the Dead End

[[Page 22060]]

monitoring station (AQS identification 30-029-0009). EPA 
Region VIII conducts periodic reviews of Montana's ambient air network, 
which includes the Whitefish site. Based on these reviews, our 
monitoring staff has approved this location of this monitoring station.

C. Control Measure Requirements

    Moderate PM10 nonattainment areas, designated after the 
1990 Amendments, must submit provisions to ensure that RACM is 
implemented no later than 4 years after designation, which was November 
18, 1997 for Whitefish (see sections 172(c)(1) and 189(a)(1)(C) of the 
Act). The General Preamble contains a detailed discussion of our 
interpretation of the RACM requirements (see 57 FR 13539-13545 and 
13560-13561).
    The State should identify available control measures to make sure 
they are reasonable and that they meet the area's attainment needs, 
(see 57 FR 13540-13544). A State may reject an available control 
measure if it is technologically infeasible or unreasonably expensive. 
In addition, RACM doesn't require controls on emissions from sources 
that are insignificant (de minimis) and doesn't require an area to use 
all available control measures if it demonstrates timely attainment and 
if using additional controls wouldn't expedite attainment.

Whitefish Control Measures

    The Whitefish PM10 Control Plan contains control 
measures for particulate emissions of fugitive dust that have been 
incorporated into the Flathead County Air Pollution Control Program. 
The measures adopted in the plan include control of fugitive dust from 
paved roads, parking lots, construction and demolition activities, and 
land clearing. In addition, the measures include requirements for 
street sweeping and flushing. Whitefish adopted the provisions for this 
control program as local regulations (Rule 701-707) and they were 
adopted as part of the Flathead County Air Pollution Control Program on 
June 24, 1997. In addition, the Flathead County Air Pollution Control 
Program contains county wide open burning regulations that are 
applicable to Whitefish. Each of the regulations specific to Whitefish 
are explained below.

Rule 701--Material To Be Used on Roads and Parking Lots--Standards

    Rule 701 pertains to the types of sanding material that can be used 
for sanding roads and parking lots. This rule requires the application 
of sanding material with a material content passing a number 200 mesh 
screen to be no more than 4.0 percent oven dry weight and have a 
durability rating, as defined by the Montana Modified L.A. Abrasion 
test, of less than or equal to 9.0 percent wear loss.

Rule 702--Construction and Demolition Activity

    The construction and demolition rule requires owners or operators 
of such activities to obtain a permit that describes the project and 
contains a dust control plan that constitutes RACT. RACT is the use of 
techniques to prevent the emission and/or airborne transport of dust 
and dirt from the site and includes the application of water or other 
liquid, limiting access to the site, securing loads, cleaning vehicles, 
and scheduling projects for optimum meteorological conditions.

Rule 703--Pavement of Roads Required and Rule 704--Pavement of Parking 
Lots Required

    Rule 703 and Rule 704 require a plan and schedule of implementation 
to improve existing unpaved roads and parking lots by paving, routine 
application of dust suppressants, or other reasonable control measures, 
as determined in a compliance plan that must be filed with the Flathead 
County Health Department. In addition, the paving regulations require 
new streets, roads, or alleys that are greater than fifty feet in 
length and have an average projected traffic volume greater than 200 
vehicles per day be paved. The rule also requires that new parking lots 
greater than 5,000 square feet, or with a parking capacity greater than 
fifteen vehicles, or with a traffic volume of more than fifty vehicles 
per day be paved.

Rule 705--Street Sweeping and Flushing

    Rule 705 requires a prioritized street sweeping and flushing 
program that commences on the first working day after any streets 
become temporarily or permanently ice-free and temperatures are 
expected to remain above thirty-five degrees for a 24-hour period. 
Prioritized street sweeping and flushing applies during November 
through April. Streets with the highest traffic volume are cleaned 
first. During May through October, street sweeping and flushing occurs 
on an as needed basis.

Rule 706--Clearing of Land Greater than \1/4\ Acre in Size

    The owner or operator of any land greater than 0.25 acre in size 
that has been cleared or excavated is required to use RACT to control 
dust emissions. In this case, RACT means techniques to prevent the 
emission or transport of dust and dirt from any disturbed or exposed 
land. RACT includes, but is not limited to, vegetative cover, synthetic 
cover, water or chemical stabilization, and installing wind breaks.

Rule 707--Contingency Plan

    Rule 707 provides that in the event EPA provides notification to 
the State that the SIP for the Whitefish area failed to timely attain 
the PM10 NAAQS or make reasonable further progress, 
contingency measures will be required. The contingency measures require 
that de-icing agents will be used on roads or parking lots.
D. Emissions Inventory
    Section 172(c)(3) of the Act requires that nonattainment plan 
provisions include a comprehensive, accurate, current inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. MDEQ submitted an emissions inventory for Whitefish 
on June 26, 1997, withdrew that inventory on February 28, 1999, and 
resubmitted it on June 13, 2000. MDEQ chose January 1, 1993 through 
December 31, 1993 as the base year for the emission inventory due to 
the occurrence of PM10 violations during the preceding year. 
The results of the emissions inventory indicate that crustal 
particulate matter was the major contributor to PM10 
concentrations in the Whitefish area during 1993. Crustal particulate 
matter accounted for 92.1% of the PM10 emissions during that 
time, with the majority of the PM10 emissions occurring in 
the spring quarter. The major source of PM10 was identified 
as road dust. The major contributors to road dust were re-entrained 
road dust generated from road sanding material and vehicle carry-on of 
mud and dirt from unpaved roads, alleys, and parking lots.
    EPA is proposing to approve the emission inventory for Whitefish 
because it is accurate and comprehensive, and consistent with the 
requirements of sections 172(c)(3) and 110(a)(2)(K) of the CAA. In 
addition to the above requirements for the use of the clean data areas 
approach, any requirements that depend solely on designation or 
classification, such as new source review (NSR) and RACM/RACT, will 
remain in effect. New source review requirements have been approved as 
part of the Administrative Rules of Montana, title 17, chapter 8, 
subchapters 8 and 9 and were approved as part of the SIP on August 13, 
2001 (see 66 FR 42427). (Administrative and clerical changes have been 
made to the rule on January 24, 2006 (see 71 FR 3770 and 3776) and July 
19, 2006 (see

[[Page 22061]]

71 FR 40922)). New source review requirements that were approved into 
the SIP will continue to be in effect.
    However, the requirements under CAA section 172(c) for developing 
attainment demonstrations, RFP demonstrations, and contingency measures 
are waived due to the fact that the areas which are eligible under this 
approach have already attained the PM10 NAAQS and have met 
RFP. Any sanctions clocks that may be running for an area due to 
failure to submit, or disapproval of, any attainment demonstration, RFP 
or contingency measure requirements, are stopped. In addition, areas 
are still required to demonstrate transportation conformity using the 
build/no-build test, or the no-greater-than-1990 test. The emissions 
budget test would not be required because the requirements for an 
attainment demonstration and RFP, which establish the budgets, no 
longer apply. The applicable tests for general conformity still apply. 
The use of the clean data areas approach doesn't act as a CAA section 
107(d) redesignation, but only serves to approve nonattainment area 
SIPs required under part D of the CAA.

IV. Final Action

    EPA is approving State Implementation Plan (SIP) revisions 
submitted by the Governor of Montana on June 26, 1997 and June 13, 
2000. The June 26, 1997 submittal revises the SIP by adding the 
Whitefish PM10 Control Plan and an emissions inventory for 
the Whitefish area. On February 28, 1999, the Governor of Montana 
withdrew all chapters of the Whitefish PM10 Control Plan 
submitted on June 26, 1997, except chapters 15.2.7, 15.12.8, and 
15.12.10. The June 13, 2000 submittal contains corrections to chapter 
15.12.8. Chapters 15.2.7, 15.12.8, and 15.12.10 contain the 
PM10 control measures, control demonstration, and 
enforceability sections of the plan. We are approving the emissions 
inventory for Whitefish and chapters 15.2.7, 15.12.8, and 15.12.10 of 
the Whitefish PM10 Control Plan using the PM10 
clean areas data approach.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. 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 June 23, 2008 without 
further notice unless the Agency receives adverse comments by May 27, 
2008. 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 Review

    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 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 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. section 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. 
section 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 June 23, 2008. 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

[[Page 22062]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: March 27, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.

    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)(66) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (66) On June 26, 1997, the Governor of Montana submitted the 
Whitefish OM10 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 sections of the 
Whitefish PM10 Control Plan submitted on June 26, 1997, 
except sections 15.2.7, 15.12.8, and 15.12.10. EPA is approving 
sections 15.2.7, 15.12.8, and 15.12.10 of the Whitefish PM10 
Control Plan.
    (i) Incorporation by reference.
    (A) Sections 15.2.7, 15.12.8, and 15.12.10 of the Whitefish 
PM10 Control Plan.
    (ii) Additional Material.
    (A) Flathead County Air Pollution Control Program as of June 20, 
1997.

[FR Doc. E8-8862 Filed 4-23-08; 8:45 am]
BILLING CODE 6560-50-P