[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Proposed Rules]
[Pages 45393-45395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18492]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0100; FRL-9914-64-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana--Air Quality, 
Subchapter 7, Exclusion for De Minimis Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Environmental Protection Agency (EPA) is proposing to correct 
final rules pertaining to the State of Montana's State Implementation 
Plan (SIP). On February 13, 2012, EPA took final action to partially 
approve and partially disapprove SIP revisions and new rules as 
submitted by the State of Montana on June 25, 2010 and May 28, 2003. 
EPA subsequently discovered errors in our February 13, 2012 final 
action related to the ``incorporation by reference'' materials and the 
associated regulatory text that inadvertently reversed portions of our 
July 8, 2011 final action. EPA is proposing to correct those errors 
with today's action; and we are only seeking comments on these 
corrections. This action is being taken under section 110 of the Clean 
Air Act (CAA).

DATES: Written comments must be received on or before September 4, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0100, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: [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 Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 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.
    Instructions: Direct your comments to Docket EPA-R08-OAR-2011-0100. 
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 
email. 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 email comment directly to EPA, without going through http://www.regulations.gov your email 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 instructions on submitting comments, go to 
Section I. General Information of the SUPPLEMENTARY INFORMATION section 
of this document.

[[Page 45394]]

    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 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: Jaslyn Dobrahner, Air Program, EPA, 
Region 8, Mail Code 8P-AR, 1595 Wynkoop, Denver, Colorado 80202-1129, 
(303) 312-6252, [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 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.

Table of Contents

I. General Information
II. Background
III. What action is EPA taking?
IV. Statutory and Executive Orders Review

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through http://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on 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:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period 
deadline identified.
    3. Scope of comments. Although EPA is including the entire 
regulatory text in this action and the associated proposed 
incorporation by reference materials (with proposed corrections) so 
that the public can see the corrections, EPA is only seeking comment on 
the proposed corrections that are described in this document. Our prior 
documents provided an opportunity for the public to review and comment 
on our partial approval and partial disapproval actions regarding these 
Montana State Implementation Plan regulations. Therefore, we will only 
address comments regarding the proposed corrections described in this 
document.

II. Background

    In our rule published on February 13, 2012 (77 FR 7531), EPA took 
final action to partially approve and partially disapprove SIP 
revisions and new rules as submitted by the State of Montana on June 
25, 2010 and May 28, 2003. On page 7534, third column, under the 
regulatory text in 40 CFR 52.1370(c)(72)(i) Incorporation by reference, 
paragraph (A), EPA inadvertently incorporated by reference all of 
Administrative Rules of Montana (ARM), 17.8.740, Definitions. We are 
proposing to amend the regulatory text in 40 CFR 51.1370(c)(72)(i)(A) 
to specify that EPA only approved the phrase ``, except when a permit 
is not required under ARM 17.8.745'' in ARM 17.8.740(8)(a) and the 
phrase, ``, except as provided in ARM 17.8.745'' in ARM 17.8.740(8)(c). 
Therefore, we propose that the regulatory text in 40 CFR 
51.1370(c)(72)(i)(A) read as follows: ``Administrative Rules of 
Montana, 17.8.740, Definitions, ARM 17.8.740(8)(a) and (c), 
respectively, the phrases `, except when a permit is not required under 
ARM 17.8.745' and `, except as provided in ARM 17.8.745'; 17.8.743, 
Montana Air Quality Permits--When Required, (except for the phrase in 
17.8.743(1)(b), `asphalt concrete plants, mineral crushers, and', and 
17.8.743(1)(c)); and 17.8.764, Administrative Amendment to Permit, 
effective 12/27/2002.''
    This proposed correction is consistent with: (1) The preamble of 
our February 13, 2012 final rule (77 FR 7531, 7534); and (2) the July 
8, 2011 final rule (76 FR 40237) and associated regulatory text found 
in 40 CFR 52.1370(c)(70)(i)(B)(2) where we disapproved the phrase in 
ARM 17.8.740(2) ``includes a reasonable period of time for startup and 
shakedown and'' and the definitions in ARM 17.8.740(10) and (14), 
``Negligible risk to the public health, safety, and welfare and to the 
environment'' and ``Routine Maintenance, repair, or replacement,'' 
respectively. We also confirm that our approval of the phrase ``unless 
the increase meets the criteria in ARM 17.8.745 for a de minimis change 
not requiring a permit, or'' in 17.8.764(1)(b) of our July 8, 2011 
final rule (76 FR 40237) is accurate, while the same phrase in the 
preamble of the July 8, 2011 and February 13, 2012 final rules is 
incorrect.
    In this action, EPA is also proposing to correct the associated IBR 
material for our February 13, 2012 (77 FR 7531) rule by striking out 
the aforementioned phrases (ARM 17.8.740(2), ARM 17.8.743(1)(c)) and 
two definitions (ARM 17.8.740(10), ARM 17.8.740(14)) that were 
inadvertently included in the IBR SIP material from the State's May 28, 
2003 submittal; and the proposed corrected IBR material appears in the 
docket for this action.
    For more detailed information regarding these February 13, 2012 and 
July 8, 2011 actions, see 77 FR 7531 and 76 FR 40237.

III. What action is EPA taking?

    EPA is proposing to amend the text in 40 CFR 51.1370(c)(72)(i)(A) 
to read as follows: ``Administrative Rules of Montana, 17.8.740, 
Definitions, ARM

[[Page 45395]]

17.8.740(8)(a) and (c), respectively, the phrases `, except when a 
permit is not required under ARM 17.8.745' and `, except as provided in 
ARM 17.8.74'; 17.8.743, Montana Air Quality Permits--When Required, 
(except for the phrase in 17.8.743(1)(b), `asphalt concrete plants, 
mineral crushers, and', and 17.8.743(1)(c)); and 17.8.764, 
Administrative Amendment to Permit, effective 12/27/2002.''

IV. Statutory and Executive Orders Review

    Under the CAA, 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 CAA. Accordingly, this 
proposed action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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 CAA; 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.

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.

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

    Date: July 15, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2014-18492 Filed 8-4-14; 8:45 am]
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