[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50582-50585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0304, FRL 9932-53-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Montana 
on March 17, 2010, August 1, 2011, November 22, 2011, and September 19, 
2014. The revisions are to the Administrative Rules of Montana (ARM) 
and include minor editorial and grammatical changes, updates to 
citations and references to federal and state laws and regulations, 
revisions to open burning rules, changes to the process for appealing 
air quality permits, and providing a process for revocation of air 
quality permits when owners cannot be found by mail. Also in this 
action, EPA is correcting final rules pertaining to Montana's SIP. On 
January 29, 2010, EPA took direct final action to approve SIP revisions 
as submitted by the State of Montana on January 16, 2009 and May 4, 
2009. EPA subsequently discovered an error in our January 29, 2010 
direct final action related to ``incorporation by reference'' (IBR) 
materials and the associated regulatory text numbering. EPA is 
correcting this error with today's action. Finally, EPA is updating the 
Montana nonregulatory provisions table to add carbon monoxide 
maintenance plans for Billings, Montana, and Great Falls, Montana 
approved by EPA on March 30, 2015 and April 1, 2015, respectively. This 
action is being taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 21, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2010-0304. 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., 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: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, 
[email protected].

I. Background

    The State of Montana submitted SIP revisions containing amendments 
to IBR current federal regulations and other material into air quality 
rules of the ARM. The notice of proposed rulemaking (NPR) published on 
June 1, 2015 (80 FR 30984) proposed approval of Montana's submissions 
with respect to the following: Grammatical changes made to ARM 
17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from 
the March 17, 2010 submittal; revisions to ARM 17.8.604(1)(a), 
17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) 
and (9), 17.8.615(6) and (7), and 17.8.763(3) from the November 22, 
2011 submission; citations and references to federal law and State 
rules superseding and replacing all previous versions of ARM 
17.8.102(1)(a), 17.8.102(1)(b), and 17.8.102(1)(c) from the September 
19, 2014 submittal; and language added to ARM 17.8.102(3) and 
17.8.102(4)(a) through (d) from the September 19, 2014 submittal. The 
reasons for our approval are provided in detail in the NPR.
    For reasons explained in the NPR, EPA also provided notice that 
language in ARM 17.8.102 with a State effective date of October 26, 
2007 was in effect between January 16, 2010 and publication of our 
proposed notice on June 1, 2015. Finally, for reasons explained in our 
NPR, EPA proposed to correct erroneous amendatory instructions 
published in the Federal Register on January 29, 2010 (75 FR 4698).

II. Response to Comments

    No comments were received on our June 1, 2015 NPR.

III. Final Action

    EPA is approving grammatical changes made to ARM 17.8.102(1), and 
all revisions of 17.8.802(1)(c) and 17.8.822(9) from the March 17, 2010 
submittal. We are approving the November 22, 2011 submittal's revisions

[[Page 50583]]

to ARM 17.8.604(1)(a), 17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) 
and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), and 17.8.763(3). We 
are approving the September 19, 2014 submittal's citations and 
references to federal law and State rules superseding and replacing all 
previous versions of ARM 17.8.102(1)(a), 17.8.102(1)(b), and 
17.8.102(1)(c). Previous submittals were received on March 17, 2010 and 
August 1, 2011. We are also approving language added to ARM 17.8.102(3) 
and 17.8.102(4)(a) through (d) from the September 19, 2014 submittal.
    Our action provides notice that language in ARM 17.8.102 with a 
State effective date of October 26, 2007 was in effect between January 
16, 2010 and June 1, 2015. EPA is also adding to table (e) of CAA Sec.  
52.1370, ``EPA-approved nonregulatory provisions,'' to reflect the 
final EPA approval of carbon monoxide limited maintenance plans for the 
Billings (80 FR 16571, March 30, 2015) and Great Falls (80 FR 17331, 
April 1, 2015) carbon monoxide maintenance areas. These additions were 
inadvertently left out of the table when these maintenance plans were 
approved. Finally, EPA is correcting erroneous amendatory instructions 
published in the Federal Register on January 29, 2010 (75 FR 4698).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the ARM 
regarding citations and references to federal and State laws and 
regulations; open burning rules; air quality permits appeal process; 
and revocation of air quality permits discussed in section III, EPA's 
Review of the State of Montana's March 17, 2010; August 1, 2011; 
November 22, 2011; and September 19, 2014 Submittals, and CFR 
Correction, of the NPR (80 FR 30984, June 1, 2015). EPA is also 
correcting incorporation by reference errors in our final rulemaking 
``Air Quality State Implementation Plans; Approvals and Promulgations: 
Montana; Revised Format for Materials Being Incorporated by Reference'' 
(80 FR 22909, April 24, 2015) to reflect the final EPA approval of 
carbon monoxide limited maintenance plans for the Billings (80 FR 
16571, March 30, 2015,) and Great Falls (80 FR 17331, April 1, 2015) 
carbon monoxide maintenance areas. The EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. 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 
final action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this final action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, Oct. 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, Aug. 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, Feb. 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 October 19, 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, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 4, 2015.
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.

[[Page 50584]]

Subpart BB--Montana

0
2. Section 52.1370 is amended by:
0
a. In paragraph (c), revising the table entries for ``17.8.102'', 
``17.8.604'', ``17.8.610'', ``17.8.612'', ``17.8.613'', ``17.8.614'', 
``17.8.615'', ``17.8.763'', ``17.8.802'', ``17.8.822.''
0
b. In paragraph (e), revising the second table entry under ``(2) 
Cascade County'' and the first table entry under ``(9) Yellowstone 
County.''
    The revisions read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

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                                                        State      EPA final rule     Final rule
        State citation              Rule title     effective date       date           citation        Comments
----------------------------------------------------------------------------------------------------------------
                     (i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.102......................  Incorporation by      10/16/2009,       8/20/2015  [insert Federal
                                 Reference.            06/12/2014                   Register
                                                                                    citation].
 
                                                  * * * * * * *
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                        (iv) Administrative Rules of Montana, Subchapter 06, Open Burning
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.604......................  Prohibited Open        04/15/2011       8/20/2015  [insert Federal
                                 Burning--When                                      Register
                                 Permit Required.                                   citation].
 
                                                  * * * * * * *
17.610........................  Major Open             04/15/2011       8/20/2015  [insert Federal
                                 Burning Source                                     Register
                                 Restrictions.                                      citation].
 
                                                  * * * * * * *
17.8.612......................  Conditional Air        04/15/2011       8/20/2015  [insert Federal
                                 Quality Open                                       Register
                                 Burning Permits.                                   citation].
17.8.613......................  Christmas Tree         04/15/2011       8/20/2015  [insert Federal
                                 Waste Open                                         Register
                                 Burning Permits.                                   citation].
17.8.614......................  Commercial Film        04/15/2011       8/20/2015  [insert Federal
                                 Production Open                                    Register
                                 Burning Permits.                                   citation].
17.8.615......................  Firefighter            04/15/2011       8/20/2015  [insert Federal
                                 Training.                                          Register
                                                                                    citation].
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(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.763......................  Revocation of          04/15/2011       8/20/2015  [insert Federal
                                 Permit.                                            Register
                                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.802......................  Incorporation by       10/16/2009       8/20/2015  [insert Federal
                                 Reference.                                         Register
                                                                                    citation].
 
                                                  * * * * * * *
17.8.822......................  Air Quality            10/16/2009       8/20/2015  [insert Federal
                                 Analysis.                                          Register
                                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Notice of
                         Title/Subject                               State        final rule     NFR Citation
                                                                effective date       date
---------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              (2) Cascade County
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Great Falls Carbon Monoxide (CO)--Maintenance Plan, State of               N/A        4/1/2015     80 FR 17331
 Montana Air Quality Control Implementation Plan, Cascade
 County Carbon Monoxide Limited Maintenance Plan, Chapter 7,
 Great Falls Carbon Monoxide (CO) Limited Maintenance Plan and
 the Associated Alternative Monitoring Strategy...............

[[Page 50585]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            (9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Billings Carbon Monoxide (CO)--Maintenance Plan, State of                  N/A       3/30/2015     80 FR 16571
 Montana Air Quality Control Implementation Plan, Yellowstone
 County Carbon Monoxide Limited Maintenance Plan, Chapter 56,
 Billings Carbon Monoxide (CO) Limited Maintenance Plan and
 the associated Alternative Monitoring Strategy...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. Section 52.1397 is amended by adding paragraph (c)(69) to read as 
follows:


Sec.  52.1397  Original identification of plan.

* * * * *
    (c) * * *
    (69) Revisions to the State Implementation Plan which were 
submitted by the State of Montana on January 16, 2009 and May 4, 2009. 
The revisions are to the Administrative Rules of Montana; they make 
minor editorial and grammatical changes, update the citations and 
references to Federal laws and regulations, and make other minor 
changes to conform to federal regulations.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102 
Incorporation by Reference--Publication Dates, 17.8.301 Definitions, 
17.8.901 Definitions, and 17.8.1007 Baseline for Determining Credit for 
Emissions and Air Quality Offsets, effective October 24, 2008.
    (B) Administrative Rules of Montana (ARM) section 17.8.308 
Particulate Matter, Airborne, effective February 13, 2009.
* * * * *
[FR Doc. 2015-20496 Filed 8-19-15; 8:45 am]
 BILLING CODE 6560-50-P