[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13196-13198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0634; FRL-9975-63--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to East Helena Lead SIP

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) revisions submitted 
by the state of Montana on September 11, 2013. The submittal revises 
the portions of the State Implementation Plan (SIP) that pertain to the 
East Helena Lead SIP. This action is being taken under section 110 of 
the Clean Air Act (CAA) (Act).

DATES: This final rule is effective on April 27, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket Identification Number EPA-R08-OAR-2017-0634. All documents in 
the docket are listed on the http://www.regulations.gov index. Although 
listed in the index, some information may not be publicly available, 
e.g., Confidential Business Information 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 
through 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. The EPA requests that 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: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency, Region 8, Mailcode 8P-AR, 1595 
Wynkoop, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The EPA is taking final action pertaining to SIP revisions that 
stem from a June 10, 2013, Montana Board of Environmental Review Order 
(Board Order) which removes a stipulated condition in an August 4, 1995 
Board Order. The condition limited the allowable concentration of lead 
in raw feed material at the American Chemet Corporation's East Helena 
facility. Specifically, American Chemet requested a change to the 1995 
Board Order which would eliminate Exhibit A, Section 3, Subsection B. 
This subsection reads:

    ``Feed Material into the plant shall have a quarterly average 
lead content of less than 0.15%, and an average annual lead content 
of less than 0.10%.''

    All other East Helena Lead SIP provisions, including direct 
numerical limits on lead emissions from American Chemet Corporation's 
East Helena facility, would remain unchanged.
    On January 12, 2018, the EPA published a proposed rulemaking for 
this action (83 FR 1602). The proposed rulemaking discussed the history 
of the East Helena lead SIP, including the lead in feed limits that 
were created in the 1995 Board Order in order to address the area's 
nonattainment status for the 1978 lead National Ambient Air Quality 
Standard (NAAQS). The principal target for curtailing lead emissions 
was the American Smelting and Refining Company (ASARCO) facility, which 
was a lead smelter located adjacent to American Chemet's East Helena 
facility. In addition to shutting down its operations in 2001, ASARCO 
demolished its stacks in 2009. The EPA subsequently promulgated a new, 
more stringent, lead NAAQS standard (0.15 ug/m\3\). The final lead 
NAAQS rulemaking was published on November 12, 2008 (73 FR 66964) and 
effective December 31, 2011. The entire state of Montana, including the 
East Helena area, was designated as ``Unclassifiable/Attainment'' for 
the 2008 lead NAAQS.
    In response to the DEQ's request for the EPA's guidance concerning 
modifying the 1995 Board order to eliminate Exhibit A, Section 3, 
Subsection B, the EPA sent a letter dated December 18, 2009 (see 
docket) which outlined conditions which the state of Montana must meet 
in order for Exhibit A, Section 3, Subsection B to be removed from the 
East Helena lead SIP and, as outlined in 83 FR 1602, those conditions 
have been met. For details, please see the January 12, 2018 notice 
proposing approval of the revision.

II. Response to Comments

    The EPA received two public comments on our proposed action to 
approve Montana's September 11, 2013 SIP submittal. One comment was 
submitted by Neal Blossom, Director of Global Environmental and 
Regulatory Affairs for American Chemet Corporation. The other comment 
was submitted anonymously. Below is a summary of the comments and the 
EPA's responses.
    Comment: American Chemet Corporation supports the EPA's approval of 
the SIP revisions submitted

[[Page 13197]]

by the state of Montana on September 11, 2013, because the air quality 
in the area will remain in compliance with the NAAQS standard, as 
demonstrated by the modeling analysis submitted.
    Response: The EPA agrees that final approval of the revisions 
submitted by the state of Montana on September 11, 2013, will maintain 
compliance with the lead NAAQS standard, as demonstrated by the 
modeling analysis submitted.
    Comment: The anonymous commenter made various statements about the 
Endangered Species Act, the National Environmental Policy Act, and 
cost-benefit analysis in general. The commenter also alleged 
unspecified impacts of unspecified regulations.
    Response: After reviewing the comments, the EPA has determined that 
the comments are outside the scope of our proposed action or fail to 
identify any material issue necessitating a response.

III. Final Action

    The EPA is taking final action to approve the revisions to 
Montana's 1995 Board Order to remove Exhibit A, Section 3, Subsection 
B.
    Section 110(l) of the CAA prohibits the EPA from approving any SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (RFP) or any 
other applicable requirement of the CAA. For the reasons explained in 
our January 12, 2018 proposed rulemaking notice, the removal of Exhibit 
A, Section 3, Subsection B satisfies the conditions set forth in 
section 110(l).
    Section 193 of the CAA, which only applies to nonattainment areas, 
prohibits the modification of a SIP-approved control requirement in 
effect before November 15, 1990, unless the modification insures 
equivalent or greater emissions reductions of such air pollutant. CAA 
section 193 does not apply to this revision because the American Chemet 
limits were approved into the SIP after November 15, 1990.

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 a revised 
State of Montana Board Order as described in section III of this 
preamble. The EPA has made, and will continue to make, these materials 
generally available through and at the EPA Region 8 Office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by the EPA for inclusion in the state 
implementation plan, have been incorporated by reference by the EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of the 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update to the SIP compilation.\1\
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    \1\ 62 Fed. Reg. 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    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, the EPA's role is to approve state actions, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves some state law provisions as meeting 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     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 the 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, the SIP does not apply on any Indian 
reservation land or in any other area where the 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. The 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 29, 2018. 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, 
Intergovernmental relations, Incorporation by reference, Lead, Nitrogen 
dioxide, Ozone, Particulate

[[Page 13198]]

matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

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

    Dated: March 22, 2018.
Douglas H. Benevento,
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 52.1370 is amended in the table in paragraph (d) under the 
centered heading ``(4) Lewis and Clark County'' by revising the entry 
for ``Lead NAAQS--Board Orders, Stipulations, Exhibits, and 
Attachments, Exhibit A--American Chemet Emissions Limitations and 
Conditions, American Chemet Corporation, East Helena, Montana'' to read 
as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (d) * * *

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                                                          Notice of
            Title/subject                   State        final rule                   NFR citation
                                       effective date       date
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                                                  * * * * * * *
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                                           (4) Lewis and Clark County
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                                                  * * * * * * *
Lead NAAQS--Board Orders,                  06/10/2013       3/28/2018  [insert Federal Register citation].
 Stipulations, Exhibits, and
 Attachments, Exhibit A--American
 Chemet Emissions Limitations and
 Conditions, American Chemet
 Corporation, East Helena, Montana.
 
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[FR Doc. 2018-06109 Filed 3-27-18; 8:45 am]
 BILLING CODE 6560-50-P