[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45864-45866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0724, FRL-9839-2]


Promulgation of State Implementation Plan Revisions; 
Infrastructure Requirements for the 1997 and 2006 PM2.5 
National Ambient Air Quality Standards; Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is partially approving and partially disapproving the 
State Implementation Plan (SIP) submission from the State of Montana to 
demonstrate that the SIP meets the infrastructure requirements of the 
Clean Air Act (CAA) for the National Ambient Air Quality Standards 
(NAAQS) promulgated for fine particulate matter (PM2.5) on 
July 18, 1997 and on October 17, 2006. The CAA requires that each 
state, after a new or revised NAAQS is promulgated, review their SIPs 
to ensure that they meet infrastructure requirements. The State of 
Montana submitted a certification of their infrastructure SIP for the 
1997 and 2006 PM2.5 NAAQS on February 10, 2010. EPA is 
acting separately on the portions of the February 10, 2010 submission 
relating to interstate transport of air pollution.

DATES: This final rule is effective August 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0724. 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 www.regulations.gov or in hard copy at the Air 
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, 8:00 a.m. 
to 4:00 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kathy Ayala, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142, 
[email protected].

SUPPLEMENTARY INFORMATION:

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 initials CBI mean or refer to confidential business 
information.
    (iii) The words or initials Department or DEQ mean or refer to 
the Department of Environmental Quality.
    (iv) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (v) The initials NAAQS mean or refer to national ambient air 
quality standards.
    (vi) The initials NSR mean or refer to new source review.
    (vii) The initials PM mean or refer to particulate matter.
    (viii) The initials PM2.5 mean or refer to particulate matter 
with an aerodynamic diameter of less than 2.5 micrometers (fine 
particulate matter).
    (ix) The initials ppm mean or refer to parts per million.
    (x) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (xi) The initials SIP mean or refer to State Implementation 
Plan.

Table of Contents

I. Background

[[Page 45865]]

II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Infrastructure requirements for SIPs are provided in sections 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The 
elements that are the subject of this action are described in detail in 
our proposal of May 13, 2013 (78 FR 27891).
    On May 13, 2013 (78 FR 27891), EPA published a notice of proposed 
rulemaking (NPR) to act on a February 10, 2010 infrastructure SIP 
submission from the State of Montana for the 1997 and 2006 
PM2.5 NAAQS. The NPR proposed approval of the submission for 
the following infrastructure elements for the 1997 and 2006 
PM2.5 NAAQS: CAA Section 110(a)(2)(A), (B), (C) with respect 
to the requirement to have a minor NSR program that addresses 
PM2.5; (E)(i), (E)(iii), (F), (G), (H), (J) with respect to 
the requirements of CAA sections 121 and 127, (K), (L), and (M). The 
NPR proposed to disapprove the submissions for the following 
infrastructure elements for the 1997 and 2006 PM2.5 NAAQS: 
CAA Section 110(a)(2)(E)(ii) concerning requirements for state boards 
under CAA section 128; and elements (C) and (J) with respect to the 
requirement to have a PSD program that meets the requirements of part C 
of Title I of the Act. Finally, the NPR proposed to take no action on 
the portion of the submission addressing infrastructure element 
110(a)(2)(D) for the 1997 and 2006 PM2.5 NAAQS, as that 
portion will be acted on separately.
    We proposed to disapprove Montana's February 10, 2010 submission 
with respect to the requirements of three individual infrastructure 
elements. The first of these is element 110(a)(2)(E)(ii), relevant to 
CAA section 128 and state boards. The reasons for this disapproval are 
detailed within our proposal. In summary, the Montana SIP fails to 
include provisions which meet the explicit legal requirements of this 
requirement of the CAA. The second and third elements we proposed to 
disapprove are provisions required by elements 110(a)(2)(C) and (J), 
regarding requirements for PSD programs to treat nitrogen oxides as a 
precursor for ozone as detailed by the ozone phase 2 implementation 
rule (70 FR 71612). The analysis supporting this action is detailed in 
our proposal dated May 13, 2013 (78 FR 27891).
    Under a Consent Decree that has been entered with a district court, 
we are required to take final action on this infrastructure SIP no 
later than July 15, 2013. We note that on June 18, 2013 EPA received 
revisions to the Montana SIP entitled, ``1997 Ozone NAAQS 
Implementation Rule Updates to Montana State Implementation Plan,'' 
which are intended to address the requirements of elements (C) and (J). 
That submission will be addressed in a timely manner in a future 
action. However, the impending consent decree deadline precludes the 
Agency from postponing this final action.

II. Response to Comments

    No comments were received on the 5/13/2013 proposal.

III. Final Action

    EPA is approving Montana's February 10, 2010 infrastructure SIP 
submission for the following infrastructure elements for the 1997 and 
2006 PM2.5 NAAQS: CAA Section 110(a)(2)(A), (B), (C) with 
respect to the requirement to have a minor NSR program that addresses 
PM2.5; (E)(i), (E)(iii), (F), (G), (H), (J) with respect to 
the requirements of sections 121 and 127, (K), (L), and (M). EPA is 
disapproving Montana's February 10, 2010 infrastructure SIP submission 
for the following infrastructure elements for the 1997 and 2006 
PM2.5 NAAQS: CAA Section 110(a)(2)(E)(ii) concerning 
requirements for state boards under CAA section 128; and elements (C) 
and (J) with respect to the requirement to have a PSD program that 
meets the requirements of part C of Title I of the Act. Finally, EPA is 
taking no action on Montana's submission for infrastructure element 
110(a)(2)(D) for the 1997 and 2006 PM2.5 NAAQS as that 
portion of the submission will be acted on separately.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law that meets Federal 
requirements and disapproves state law that does not meet Federal 
requirements. This action does not impose additional requirements 
beyond those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

    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 action 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).

[[Page 45866]]

    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 30, 2013. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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: July 12, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]

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 52.1394 is amended by designating the existing paragraph as 
(a) and adding paragraph (b) to read as follows:


Sec.  52.1394  Section 110(a)(2) Infrastructure requirements.

* * * * *
    (b) On February 10, 2010, Brian Schweitzer, Governor, State of 
Montana, submitted a certification letter which provides the State of 
Montana's SIP provisions which meet the requirements of CAA section 
110(a)(1) and (2), elements (A), (B), (C) with respect to the 
requirement to have a minor NSR program that addresses 
PM2.5; (E)(i), (E)(iii), (F), (G), (H), (J) with respect to 
the requirements of sections 121 and 127, (K), (L), and (M).

[FR Doc. 2013-18192 Filed 7-29-13; 8:45 am]
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