[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18494-18496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08624]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0136; FRL-9976-44--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to PSD Permitting Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
fully approve the State Implementation Plan (SIP) revision submitted by 
the State of Montana on October 14, 2016. Montana's October 14, 2016 
submittal revises their prevention of significant deterioration (PSD) 
regulations. This action is being taken under section 110 of the Clean 
Air Act (CAA) (Act).

DATES: Written comments must be received on or before May 29, 2018.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2018-0136 at 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

I. Background

    In Montana's letter from Governor Steve Bullock to EPA Regional

[[Page 18495]]

Administrator Shaun McGrath (governor's letter) dated September 21, 
2016, Montana referenced two actions for the EPA to consider for 
approval into Montana's federally approved SIP: (1) Revisions to PSD 
Permitting Provisions; and (2) Montana's 2015 Revised 8-hour ozone 
NAAQS initial designations. Montana's 2015 revised 8-hour ozone NAAQS 
initial designations is not part of Montana's SIP, and therefore does 
not require action under CAA section 110. In this proposed rulemaking 
action, the EPA is proposing full approval of Montana's revision to 
their PSD permitting provisions, and the EPA is taking no action on 
Montana's 2015 revised 8-hour ozone NAAQS initial designations.

Montana's October 14, 2016 Submittal

    Section 165(e)(2) of the federal Clean Air Act (CAA) requires a 
proposed major emitting facility to conduct monitoring for, among other 
emissions, particulate matter with a diameter of less than 2.5 
micrometers (PM2.5).
    On May 16, 2008, EPA promulgated the rule, ``Implementation of the 
New Source Review Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)'' (73 FR 28321) (the 2008 
PM2.5 New Source Review (NSR) Implementation Rule) and on 
October 20, 2010 EPA promulgated the rule, ``Prevention of Significant 
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC)'' (75 FR 64864) (the 2010 
Increment Rule). The 2010 Increment Rule adopted regulations setting 
the SMC for PM2.5 at 4 micrograms per cubic meter averaged 
over 24 hours. A SMC may be used to exempt sources from preconstruction 
monitoring when modeled impacts from the proposed facility, or the 
existing air quality level in the area of the proposed source, is less 
than the SMC.
    The Board of Environmental Review of the State of Montana (the 
Board) revised Administrative Rules of Montana (ARM) 
17.8.818(7)(a)(iii) to adopt the same SMC for PM2.5 as the 
federal regulation, effective October 14, 2011 (See docket--MAR Notice 
No. 17-322.). These revisions, which were submitted to the EPA on 
August 21, 2012, addressed the requirements of the 2008 
PM2.5 NSR Implementation Rule and the 2010 Increment Rule, 
including setting the SMC for PM2.5 at 4 micrograms per 
cubic meter, averaged over a 24-hour period. Subsequently, portions of 
the 2010 Increment rule were vacated by the federal courts (Sierra Club 
v. EPA, 705 F. 3d 458 (D.C. Cir. 2013)). Among other things, the court 
vacated the PM2.5 SMC as not allowed by the CAA. On December 
9, 2013, the EPA promulgated the rule ``Prevention of Significant 
Deterioration for Particulate Matter Less Than 2.5 Micrometers--
Significant Impact Levels and Significant Monitoring Concentration: 
Removal of Vacated Elements.'' (78 FR 73698). This rulemaking revised 
the affected NSR-PSD rules accordingly, in which the EPA amended 40 CFR 
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to reduce the SMC to 0 
micrograms per cubic meter and eliminate the 24-hour averaging period.
    Because the EPA amended its SMC regulations, the Montana Department 
of Environmental Quality (MDEQ) requested the Board to amend its rule, 
ARM 17.8.818(7)(a)(iii). However, the MDEQ did not recommend that the 
Board remove the 24-hour averaging period for the PM2.5 SMC 
from the rule. On March 24, 2015, Montana submitted SIP revisions to 
the EPA which addressed the court's decisions (except for removing the 
24-hour averaging period); this submittal superseded and replaced these 
aspects of Montana's August 21, 2012 submittal.
    In response to Montana's March 24, 2015 SIP revisions, on April 20, 
2016 (81 FR 23180), the EPA published a final rulemaking titled: ``Air 
Quality State Implementation Plans; Approvals and Promulgations: 
Montana; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 
2010 NO2, 2010 SO2, and 2012 PM2.5 
National Ambient Air Quality Standards.'' Under section 110(k)(4) of 
the CAA, the EPA may conditionally approve a SIP based on a commitment 
from a state to adopt specific enforceable measures within 1 year from 
the date of final approval. In the EPA's April 20, 2016 rulemaking, the 
EPA took final action to approve revisions in the March 24, 2015 
submittal to ARM 17.8.818(7)(a)(iii) on the condition that the State 
adopts and submits specific revisions within 1 year of EPA's final 
action on these infrastructure submittals; specifically to remove the 
phrase ``24-hour average'' in ARM 17.8.818(7)(a)(iii).\1\ Montana 
submitted this amendment to their rules to EPA within 1 year, on 
October 14, 2016, and the EPA is proposing action on Montana's October 
14, 2016 submittal in this rulemaking. Upon the EPA finding a timely 
meeting of Montana's commitment in full, the EPA's April 20, 2016 
conditional approval of the SIP revisions would convert to a final 
approval of Montana's plan. In this action, the EPA proposes that 
Montana's October 14, 2016 submittal meets Montana's obligation under 
the conditional approval of ARM 17.8.818(7)(a)(iii) in our April 20, 
2016 final rulemaking action.
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    \1\ See ``Section 128 and 2012 PM2.5 Cover Letter and 
PSD Commitment Letter'' submitted to EPA on December 17, 2015, 
contained within this docket.
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II. What are the changes that EPA is proposing action to approve?

    We are proposing to approve changes to Montana's SIP--in particular 
the revisions to ARM 17.8.818(7)(a)(iii)--as submitted on October 14, 
2016. We are proposing to approve the changes that are consistent with 
the CAA and the EPA regulations as follows:
    1. CAA section 110(a)(2)(C), which requires each state plan to 
include ``a program to provide for . . . the regulation of the 
modification and construction of any stationary source within the areas 
covered by the plan as necessary to assure that [the NAAQS] are 
achieved, including a permit program as required in parts C and D of 
this subchapter'';
    2. CAA section 110(a)(2)(A), requires that SIPs contain enforceable 
emissions limitations and other control measures. Under section CAA 
section 110(a)(2), the enforceability requirement in section 
110(a)(2)(A) applies to all plans submitted by a state. Montana's 
regulations in ARM 17.8 create enforceable obligations for sources;
    3. CAA section 110(i) (with certain limited exceptions) prohibits 
states from modifying SIP requirements for stationary sources except 
through the SIP revision process. As described in Section I, Montana 
fulfilled this requirement;
    4. CAA section 110(l), provides that the EPA cannot approve a SIP 
revision that interferes with any applicable requirement of the Act. 
The revisions to ARM 17.8.818 would not interfere with sections 
110(a)(2) and 110(i) of the Act, as they are in compliance with current 
federal regulations;
    5. CAA section 161, which requires a SIP to contain emission 
limitations to prevent significant deterioration of air quality in 
regions designated as attainment or unclassifiable; and
    6. Montana's SIP revision complies with the requirements of 40 CFR 
51.166 as the plan imposes the regulatory requirements on individual 
sources, as required by the regulatory provisions.

III. Proposed Action

    The EPA is proposing to approve a revision to Montana's SIP as 
submitted by the State of Montana on October 14, 2016, which remove 
``24-hour average'' from ARM 17.8.818(7)(a)(iii).

[[Page 18496]]

IV. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing the incorporation 
by reference of a change to the State of Montana's SIP regarding 
removing ``24-hour average'' from ARM 17.8.818(7)(a)(iii). The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov 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).

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 choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting federal 
requirements and 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) 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 CAA; 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).
    The SIP is not approved to 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 
proposed 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).

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: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-08624 Filed 4-26-18; 8:45 am]
 BILLING CODE 6560-50-P