[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Proposed Rules]
[Pages 26806-26808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0268; FRL-9994-77-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Incorporation by Reference Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Montana on August 6, 2018. The revisions include an update to 
incorporate by reference the 2016 version of the Code of Federal 
Regulations (CFR) and 2015 version of the United States Code (U.S.C.) 
within the Adminstrative Rules of Montana (ARM) that are part of the 
Montana SIP. The revisions also include administrative changes that 
consolidate the ARM's references to the CFR and U.S.C. and remove two 
CFR exemptions from incorporation by reference into the ARM. Additional 
revisions remove incorporation by reference of certain EPA standards 
for which the state already has delegated authority from the EPA, and 
correct an internal reference in the ARM.

DATES: Comments: Written comments must be received on or before July 
10, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0268, to the Federal Rulemaking Portal: https://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.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. 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, 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 and Radiation 
Division, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The 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: Chris Dresser, Air Quality Planning 
Branch, EPA, Region 8, Mailcode 8ARD-QP, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-6385, [email protected].

I. Background

    On September 29, 2017, and February 9, 2018, the Montana Board of 
Environmental Review conducted public hearings pursuant to 40 CFR 
51.102 to consider the adoption of revisions to the ARM. The approved 
changes were submitted to the EPA for approval into Montana's SIP on 
August 6, 2018. The SIP submittal includes changes that: (1) Amend ARM 
17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 17.8.1002, 
17.8.1102, and 17.8.1402 to remove repetitive text describing the 
location of rule reference material and centralize and consolidate 
those reference citations into sections 17.8.102(3) and (4); (2) Modify 
air quality rules by correcting an internal reference in ARM 17.8.904; 
(3) Amend ARM 17.8.102(2), to remove the exemptions of 40 CFR part 63, 
subparts JJJJJ and KKKKK; (4) Remove references to 40 CFR parts 60, 61, 
and 63 in sections 17.8.102(2), 17.8.103(1)(f)-(i), 17.8.302(1)(a)-(c), 
17.8.767(1)(c)-(d), 17.8.802(1)(c)-(d), 17.8.902(1)(a)-(b), and 
17.8.1002(1)(a)-(b), for which Montana is already delegated authority; 
and (5) Update ARM 17.8.102(1) to incorporate by reference the 2016 
version of the CFR and the 2015 version of the U.S.C.

II. Analysis of the State's Submittal

    The EPA evaluated the proposed SIP revisions (amendments to the 
ARM) submitted by the State on August 6, 2018. The subsequent analysis 
for each rule change in the SIP is as follows:

    (1) The State of Montana is requesting that the EPA revise the 
SIP to remove text in ARM sections 17.8.103, 17.8.302, 17.8.602, 
17.8.767, 17.8.802, 17.8.902, 17.8.1002, 17.8.1102, and 17.8.1402 
describing the location of references to the CFR and U.S.C. The 
location of rule reference material would be consolidated into ARM 
sections 17.8.102(3) and (4). Identifying this information once, in 
the General Provisions of ARM 17.8.102(3) and (4), would eliminate 
repetition of the information in ARM 17.8.103, 17.8.302, 17.8.602, 
17.8.767, 17.8.802, 17.8.902, 17.8.1002, 17.8.1102 and 17.8.1402. 
The EPA proposes to find that this revision is necessary and 
appropriate to efficiently describe the location of referenced 
material.
    (2) The State of Montana is requesting to revise the SIP to 
incorporate an amendment to ARM 17.8.904(7) which corrects an 
internal reference. In 2011, the State amended the rule, which was 
submitted to the EPA the following year for inclusion in

[[Page 26807]]

the SIP. In January 2016, the EPA identified an incorrect internal 
reference in ARM 17.8.904(7). This change proposes to amend the text 
from a reference to ARM 17.8.904(5) to the correct reference to ARM 
17.8.904(6). The EPA proposes to find this change necessary and 
appropriate as it will allow the rule to be properly implemented.
    (3) The State of Montana is requesting to revise the SIP to 
incorporate an amendment to ARM 17.8.102(2) which removes the 
exemptions for 40 CFR part 63, subparts JJJJJ and KKKKK. Subparts 
JJJJJ and KKKKK are National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for brick and structural clay products 
manufacturing and clay ceramics manufacturing, respectively. 
Originally adopted into the ARM in 2003, these NESHAPS were vacated 
and remanded by the Federal Court of Appeals for the District of 
Columbia Circuit on March 13, 2007, leading to their exemption in 
the ARM. The EPA addressed the vacatur and remand by issuing new 
subparts JJJJJ and KKKKK on October 26, 2015. Therefore, the EPA 
proposes to find it necessary and appropriate to remove the 
exemptions for JJJJJ and KKKKK; effectively incorporating the most 
recent federal rules covering emissions from brick and structural 
clay products manufacturing and clay ceramics manufacturing into 
Montana's SIP.
    (4) The State of Montana is requesting removal from the SIP 
certain rules that incorporate by reference 40 CFR parts 60, 61, and 
63. These rules include: ARM 17.8.103(1)(f)-(i)--pertaining to EPA 
emission source reference test methods for stationary sources, EPA 
performance specification and test procedures for continuous 
emission monitoring systems, EPA emission source reference test 
methods for sources subject to national emission standards for 
hazardous air pollutants, and emission standards for hazardous air 
pollutant source categories; 17.8.302(1)(a)-(c)--pertaining to 
standards of performance for new stationary sources and 
modifications, emission standards for hazardous air pollutants; and 
emission standards for hazardous air pollutant source categories; 
17.8.767(1)(c)-(d)--specifying standards of performance for new 
stationary sources and for hazardous air pollutants; 17.8.802(1)(c)-
(d)--specifying standards of performance for new stationary sources 
and for hazardous air pollutants; 17.8.902(1)(a)-(b)--specifying 
standards of performance for new stationary sources and for 
hazardous air pollutants; and 17.8.1002(1)(a)-(b)--specifying 
standards of performance for new stationary sources and for 
hazardous air pollutants. Each of these sections references federal 
requirements for which the State has already received federal 
delegation of authority. The EPA proposes to find that this update 
is necessary and appropriate to remove the redundancy. The EPA also 
proposes to find that removing the previously mentioned references 
to 40 CFR parts 60, 61, and 63 in the ARM does not impact any other 
part of the State's SIP (i.e., no other sections of the approved SIP 
reference the sections that Montana is requesting for removal).
    (5) The State of Montana is requesting revisions to the SIP 
concerning ARM 17.8.102 to update incorporation by reference dates 
to reflect federal regulations published in the July 1, 2016, 
edition of the CFR as it is published on the website of the U.S. 
Government Printing Office, and the 2015 edition of the U.S.C., as 
it is published on the website of the U.S. Government Printing 
Office. The EPA proposes to find that this change is necessary and 
appropriate to cite the 2015 and 2016 versions of the U.S.C. and 
CFR, respectively.

III. The EPA's Proposed Action

    In this action, the EPA is proposing to approve the SIP submittal, 
containing recent amendments to the ARM, submitted by the State of 
Montana on August 6, 2018. This action proposes updates to: (1) Amend 
ARM 17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 
17.8.1002, 17.8.1102, and 17.8.1402 to remove repetitive text 
describing the location of rule reference material and centralize and 
consolidate those reference citations into sections 17.8.102(3) and 
(4); (2) Modify air quality rules by correcting an internal reference 
in ARM 17.8.904; (3) Amend ARM 17.8.102(2), to remove the exemptions of 
40 CFR part 63, subparts JJJJJ and KKKKK; (4) Remove references to 40 
CFR parts 60, 61, and 63 in sections 17.8.102(2), 17.8.103(1)(f)-(i), 
17.8.302(1)(a)-(c), 17.8.767(1)(c)-(d), 17.8.802(1)(c)-(d), 
17.8.902(1)(a)-(b), and 17.8.1002(1)(a)-(b), for which Montana is 
already delegated authority; and (5) Update ARM 17.8.102(1) to 
incorporate by reference the 2016 version of the CFR and the 2015 
version of the U.S.C.

IV. Incorporation by Reference

    In this rule, 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 to incorporate by 
reference the amendments described in section II. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted 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).

[[Page 26808]]

    In addition, the SIP is not proposed 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.

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

    Dated: June 4, 2019.
Debra Thomas,
Acting Regional Administrator, EPA Region 8.
[FR Doc. 2019-12156 Filed 6-7-19; 8:45 am]
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