[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47885-47887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19550]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2019-0326; FRL-9999-32-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
approval of State Implementation Plan (SIP) revisions submitted by the 
State of Montana on February 23, 2017. The revisions are to the 
Administrative Rules of Montana (ARM) open burning and permitting 
regulations to align the ARM with the current Montana Code Annotated 
(MCA) procedures for appealing a permit and requesting a hearing. The 
EPA is taking this action pursuant to the Clean Air Act (CAA).

DATES: This rule is effective on October 11, 2019.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR- EPA-R08-OAR-2019-0326. 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., 
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 through http://www.regulations.gov, or please contact the person identified in the 
``For Further Information Contact'' section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129, (303) 312-6252, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our July 
8, 2019 proposal (84 FR 32361). In that document we proposed to approve 
a SIP revision that the State of Montana

[[Page 47886]]

submitted on February 23, 2017, containing amendments to open burning 
and permitting regulations in the ARM at 17.8.610, Major Open Burning 
Source Restrictions; 17.8.612, Conditional Air Quality Open Burning 
Permits; 17.8.613, Christmas Tree Waste Open Burning Permits; 17.8.614, 
Commercial Film Production Open Burning Permits; 17.8.615, Firefighter 
Training; and 17.8.749, Conditions for Issuance or Denial of Permit.\1\ 
The amendments: (1) Add references to sections 75-2-211, Permits for 
Construction, Installation, Alteration, or Use and 75-2-213, Energy 
Development Project--Hearing and Procedures of the MCA pertaining to 
the process for appealing air quality permits, including requesting a 
hearing; (2) remove duplicative language in the ARM; and (3) and make 
minor editorial changes. The Montana Board of Environmental Review 
adopted the amendments on June 3, 2016 (effective July 9, 2016). We did 
not receive any comments on the proposed rule.
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    \1\ The February 23, 2017, submittal also included revisions to 
17.8.1210, General Requirements for Air Quality Operating Permit 
Content. However, the state does not want us to act on 17.8.1210, 
because it is not part of the Federal SIP. (Memorandum from State of 
Montana to the EPA (June 26, 2019)).
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II. Final Action

    In this action, the EPA is approving SIP amendments to 
Administrative Rules of Montana, shown in Table 1, submitted by the 
State of Montana on February 23, 2017.

      Table 1--List of Montana Amendments That the EPA Is Approving
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    Amended sections in the February 23, 2017 submittal for approval
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17.8.610(3), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and
 (9), 17.8.615(6) and (7), 17.8.749(7).
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III. Incorporation by Reference

    In this document, 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 
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). 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 the final rulemaking of the EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act. 
Accordingly, this action merely approves 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 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, 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 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 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 November 12, 2019. 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 section 307(b)(2).)

[[Page 47887]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended 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. In Sec.  52.1370, the table in paragraph (c) is amended:
0
a. By removing the entry for ``17.610'';
0
b. By adding an entry for ``17.8.610'' in numerical order; and
0
c. By revising the entries for ``17.8.612,'' ``17.8.613,'' 
``17.8.614,'' ``17.8.615,'' and ``17.8.749''.
    The addition and revisions read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

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                                             State      EPA final rule
 State  citation        Rule title      effective date       date       Final rule citation        Comments
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                                                  * * * * * * *
17.8.610.........  Major Open Burning         7/9/2016       9/11/2019  [Insert Federal
                    Source                                               Register citation].
                    Restrictions.
 
                                                  * * * * * * *
17.8.612.........  Conditional Air            7/9/2016       9/11/2019  [Insert Federal
                    Quality Open                                         Register citation].
                    Burning Permits.
17.8.613.........  Christmas Tree             7/9/2016       9/11/2019  [Insert Federal
                    Waste Open Burning                                   Register citation].
                    Permits.
17.8.614.........  Commercial Film            7/9/2016       9/11/2019  [Insert Federal
                    Production Open                                      Register citation].
                    Burning Permits.
17.8.615.........  Firefighter                7/9/2016       9/11/2019  [Insert Federal
                    Training.                                            Register citation].
 
                                                  * * * * * * *
17.8.749.........  Conditions for             7/9/2016       9/11/2019  [Insert Federal      (1), (3), (4), (5),
                    Issuance or Denial                                   Register citation].  (6), and (8)
                    of Permit.                                                                approved with
                                                                                              state effective
                                                                                              date of 12/27/02.
                                                                                              (7) approved with
                                                                                              state effective
                                                                                              date of 10/17/03
                                                                                              and revised with
                                                                                              state effective
                                                                                              date of 7/9/2016.
 
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[FR Doc. 2019-19550 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P