[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Rules and Regulations]
[Pages 69374-69375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27505]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0100; FRL-9918-35-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; Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 materials incorporated by reference and the 
associated regulatory text that inadvertently reversed portions of our 
July 8, 2011 final action. EPA is taking final action, under section 
110 of the Clean Air Act (CAA).

DATES: This final rule is effective December 22, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2011-0100. All documents in the docket are listed in 
the www.regulations.gov index. Although listed in the index, some 
information may not be 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 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street Denver, Colorado 80202-1129. EPA requests 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 initials ARM mean or refer to the Administrative Rules of 
Montana.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The words State or Montana mean the State of Montana, unless 
the context indicates otherwise.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Orders Review

I. 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 
taking final action to amend the regulatory text in 40 CFR 
52.1370(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, the regulatory text in 40 CFR 
52.1370(c)(72)(i)(A) reads as set forth in the regulatory text of this 
final rule.
    This 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 taking final action 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.
    For more detailed information regarding these February 13, 2012 and 
July 8, 2011 actions, see 77 FR 7531 and 76 FR 40237.

II. Response to Comments

    We did not receive any comments on our August 5, 2014 proposal (79 
FR 45393) to correct final rules pertaining to the State of Montana's 
SIP.

III. Final Action

    EPA is taking final action to amend the text in 40 CFR 
52.1370(c)(72)(i)(A) to read as follows: ``Administrative Rules of 
Montana, 17.8.740, Definitions, ARM 17.8.740(8)(a), the phrase `, 
except when a permit is not required under ARM 17.8.745' and ARM 
17.8.740(8)(c), the phrase `, except as provided in ARM 17.8.745'; 
17.8.743, Montana Air Quality Permits--When Required, (except 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,

[[Page 69375]]

provided that they meet the criteria of the CAA. Accordingly, this 
final action merely approves some state law as meeting federal 
requirements and 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 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.
    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).
    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 January 20, 2015. 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 CAA 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.

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

    Dated: October 8, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR Part 52 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 52.1370 is amended by revising paragraph (c)(72)(i)(A) to 
read as follows:


Sec.  52.1370  Identification of Plan.

* * * * *
    (c) * * *
    (72)* * *
    (i) * * *
    (A) Administrative Rules of Montana, 17.8.740, Definitions, ARM 
17.8.740(8)(a) only, the phrase ``, except when a permit is not 
required under ARM 17.8.745'' and ARM 17.8.740(8)(c) only, the phrase 
``, except as provided in ARM 17.8.745''; 17.8.743, Montana Air Quality 
Permits--When Required, (except the phrase in 17.8.743(1)(b), ``asphalt 
concrete plants, mineral crushers, and'', and 17.8.743(1)(c) in its 
entirety); and 17.8.764, Administrative Amendment to Permit; effective 
12/27/2002.
* * * * *
[FR Doc. 2014-27505 Filed 11-20-14; 8:45 am]
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