[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29694-29696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13597]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0136; FRL-9979-76--Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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: This final rule is effective on July 26, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2018-0136. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
confidential business information (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 electronically through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional information.

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].

SUPPLEMENTARY INFORMATION: 

I. What is the EPA taking final action to approve?

    The EPA is taking final action to approve a revision to Montana's 
PSD regulations as submitted by the State of Montana on October 14, 
2016. We are taking final action to approve the following revision to 
Administrative Rules of Montana (ARM) 17.8.818(7)(a)(iii): Removing the 
phrase ``averaged over a 24-hour period.''
    We provided a detailed background in our proposed rulemaking, 
published on April 27, 2018. See 83 FR 18494. We invited comment on all 
aspects of our proposal and provided a 30-day comment period. The 
comment period ended on May 29, 2018.
    In this action, we are responding to the comments we received and 
taking final rulemaking action on the State's October 14, 2016 
submittal.

II. Response to Comments

    We received two comments during the public comment period. 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

    We are taking final action to approve changes to Montana's SIP--in 
particular the revisions to ARM 17.8.818(7)(a)(iii), which removes the 
phrase ``averaged over a 24-hour period''--as submitted on October 14, 
2016. We are taking final action to approve this change, as it is 
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 our proposed 
rulemaking, 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.

IV. Incorporation by Reference

    In this action, the EPA is taking final action 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 
taking final action to incorporate by reference a change to the State 
of Montana's SIP removing ``averaged over a 24-hour period'' from ARM 
17.8.818(7)(a)(iii). The EPA has made, and will continue to make, these 
materials generally available through

[[Page 29695]]

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). Therefore, these materials have 
been approved by the EPA for inclusion in the SIP, 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 this final rulemaking, and will be incorporated by 
reference in the next update to the SIP compilation.\1\
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    \1\ 62 FR 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 provision 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 finalizes approval of 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 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 CAA; and,
     Is not subject to Executive Order 12898 (59 FR 7629, 
February 16, 1994) because it does not establish an environmental 
health or safety standard.
    In addition, this final rule 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 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 August 27, 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, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 20, 2018.
Douglas 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

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2. Section 52.1370(c) is amended by revising table entry ``17.8.818'' 
to read as follows:


Sec.  52.1370  Identification of plan.

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    (c) * * *

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                                                                           State      EPA rule final
            State citation                       Rule title           effective date       date         Final rule citation             Comments
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                                                                      * * * * * * *
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                       (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
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                                                                      * * * * * * *
17.8.818.............................  Review of Major Stationary         08/20/2016       6/26/2018  [insert Federal          .........................
                                        Sources and Major                                              Register citation].
                                        Modifications--Source
                                        Applicability and Exemptions.
 

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[FR Doc. 2018-13597 Filed 6-25-18; 8:45 am]
 BILLING CODE 6560-50-P