[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41320-41326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13464]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2021-0001; FRL-10014-02-R8]


Air Plan Approval; Montana; Revisions to Regional Haze State 
Implementation Plan and Partial Withdrawals to Regional Haze Federal 
Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Montana on 
March 25, 2020, addressing regional haze. Specifically, EPA is 
approving a SIP revision for the first implementation period of the 
Clean Air Act's (CAA) regional haze program that addresses the nitrogen 
oxides (NOX) and sulfur dioxide (SO2) Best 
Available Retrofit Technology (BART) requirements for two electric 
generating unit (EGU) facilities, as well as replaces portions of the 
Federal Implementation Plan (FIP) promulgated by EPA in 2012 (2012

[[Page 41321]]

regional haze FIP) addressing the NOX, SO2, and 
particulate matter (PM) BART requirements for two cement kilns and the 
PM BART requirements for the same two EGU facilities. Consistent with 
our approval of Montana's regional haze SIP revision, EPA is 
withdrawing, the portions of the FIP promulgated by EPA in the 2012 
regional haze FIP addressing the NOX, SO2, and PM 
BART requirements for the two cement kilns and the PM BART requirements 
for the two EGU facilities. This action also addresses the United 
States Court of Appeals for the Ninth Circuit's June 9, 2015 vacatur 
and remand of portions of the FIP. EPA is finalizing this action 
pursuant to the CAA.

DATES: This rule is effective on July 26, 2023.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2021-0001. All documents in the docket are 
listed on the https://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 
website and will be publicly available only in hard copy form. Publicly 
available docket materials are available through https://www.regulations.gov, or please call or email 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, telephone number: (303) 312-6252, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Determination Under Clean Air Act Section 307(d)
    L. Congressional Review Act
    M. Judicial Review

I. Background

    In our notice of proposed rulemaking published on September 9, 2022 
(87 FR 55331), EPA proposed to approve revisions to Montana's regional 
haze SIP submitted by the State of Montana on March 25, 2020. In this 
rulemaking, we are taking final action to approve two Montana Board of 
Environment Review Orders pertaining to regional haze requirements for 
four facilities \1\ into the state's SIP. Specifically, EPA is 
approving: (1) NOX, SO2, and PM BART emission 
limits along with associated requirements for the Ash Grove Cement 
Company's Montana City Plant (Montana City) and GCC Three Forks, LLC's 
Trident Plant (Trident); (2) the PM BART emission limits along with 
associated requirements for Talen Montana, LLC's Colstrip Steam 
Electric Station, Units 1 and 2 (Colstrip Units 1 and 2); (3) the 
determination that Colstrip Units 1 and 2's enforceable shutdown date 
of July 1, 2022, satisfies the outstanding NOX and 
SO2 BART requirements for that facility; and (4) the 
determination that the outstanding NOX and SO2 
BART requirements for Corette (as well as the remaining PM BART 
requirements for Corette in EPA's FIP) are satisfied because the source 
is no longer in operation and has been demolished.
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    \1\ Ash Grove Cement Company's Montana City Plant; GCC Three 
Forks, LLC's Trident Plant; JE Corette Steam Electric Station; and 
Talen Montana, LLC's Colstrip Steam Electric Station, Units 1 and 2.
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    Consistent with our approval of Montana's regional haze SIP for the 
PM BART emission limits and other requirements for Colstrip Units 1 and 
2 and Corette along with the NOX, SO2, and PM 
BART emission limits and other requirements for Montana City and 
Trident, we are also withdrawing those corresponding portions of the 
2012 regional haze FIP found at 40 CFR 52.1396.
    In addition, through our approval of the NOX and 
SO2 BART determinations for Corette and Colstrip Units 1 and 
2, we are addressing the U.S. Court of Appeals for the Ninth Circuit's 
June 9, 2015 remand of portions of the 2012 regional haze FIP in this 
action, including EPA's response to a public comment regarding the use 
of the CALPUFF visibility model in determining BART at Colstrip Units 1 
and 2.
    The technical rationale for our approval and our response to the 
remand of portions of the 2012 FIP for Montana are provided in detail 
in the proposed rule.

II. Public Comments and EPA Responses

    We received two comments that were both submitted anonymously 
during the public comment period. EPA determined that the first 
comment, which asks where money collected in the form of fees, auctions 
of emissions rights, and permits will go, does not pertain to and is 
outside the scope of our proposed action and fails to identify a 
material issue related to this action that necessitates a response. 
Below is a summary of the second comment and EPA's response.
    Comment: The commenter asserts that NOX, SO2, 
and PM are dangerous chemicals that lead to adverse health effects, 
including respiratory infections, asthma, lung disease and cancer. 
Likewise, the commenter claims that these emissions could also cause 
environmental damage, including acid rain, contributions to the 
greenhouse effect, and changes to weather patterns associated with 
climate change. In summary, the commenter argues that these emissions 
are harmful to people living nearby these facilities and reductions in 
emissions will protect both human health and the environment.
    Response: EPA appreciates the commenter's concerns regarding the 
negative health impacts of NOX, SO2, and PM. 
While the legal requirements against which we have evaluated Montana's 
SIP submission for purposes of this action concern remedying visibility 
impairment,\2\ we note this action may also have potential co-benefits 
through the reductions of NOX, SO2, and PM 
emissions associated with meeting the BART requirements. Therefore, 
while we appreciate the commenter's concern and support for this 
action, we take no positions as to these specific statements.
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    \2\ See generally CAA section 169A.

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[[Page 41322]]

III. EPA's Final Action

    We are approving the following elements of Montana's regional haze 
SIP revision as satisfying the applicable requirements for the first 
regional haze planning period:
     In the Matter of an Order Setting Air Pollutant Emission 
Limits that the State of Montana may Submit to the Federal 
Environmental Protection Agency for Revision of the State 
Implementation Plan Concerning Protection of Visibility, Affecting the 
Following Facilities: Ash Grove Cement Company's Montana City Plant, 
and GCC Three Forks, LLC's Trident Plant. Board Order Findings of Fact, 
Conclusions of Law, and Order. October 18, 2019, Appendix A.
     In the Matter of an Order Setting Air Pollutant Emission 
Limits that the State of Montana may Submit to the Federal 
Environmental Protection Agency for Revision of the State 
Implementation Plan Concerning Protection of Visibility, Affecting the 
Following Facilities: Talen Montana, LLC's Colstrip Steam Electric 
Station, Units 1 and 2, and JE Corette Steam Electric Station. Board 
Order Findings of Fact, Conclusions of Law, and Order. October 18, 
2019, Appendix A.
    Because we are finding that Montana's SIP revision satisfies the 
applicable requirements related to the obligation for states' regional 
haze plans to include BART for the first regional haze planning period, 
we are also withdrawing the corresponding portions of the 2012 regional 
haze FIP addressing the NOX, SO2, and PM BART 
emission limits and associated requirements for two cement kilns and 
the PM BART emission limits and associated requirements for the two EGU 
facilities contained within our 2012 regional haze FIP at 40 CFR 
52.1396. While EPA is approving the emission limits, compliance 
determination requirements, and other monitoring, reporting, and 
recordkeeping requirements associated with BART into Montana's SIP as 
detailed in the proposed rule, other regional haze requirements for the 
first implementation period, including requirements related to 
reasonable progress and analytical requirements related to BART remain 
satisfied by EPA's FIP (with no enforceable FIP requirements left in 
the CFR).

IV. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of the SIP 
amendments described in section III of this preamble. The EPA has made, 
and will continue to make, these materials generally available through 
https://www.regulations.gov (refer to docket EPA-R08-OAR-2021-0001) 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 EPA for 
inclusion in the SIP, have been incorporated by reference by 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 EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\3\
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    \3\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is exempt from review under Executive Order 12866, as 
amended by Executive Order 14094, because it applies to only 4 
facilities in the State of Montana.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (PRA) because it revises 
the reporting requirements for 4 facilities.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (RFA). This action will not impose any requirements on 
small entities as no small entities are subject to the requirements of 
this rule.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action merely 
transfers the regional haze requirements found in the 2012 regional 
haze FIP to a SIP and approves the State's permanent closure of two 
facilities, thus this action is not subject to the requirements of 
sections 202 or 205 of UMRA. This action is also not subject to the 
requirements of section 203 of UMRA because it contains no regulatory 
requirements that might significantly or uniquely affect small 
governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'', requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by tribal 
officials in the development of regulatory policies that have tribal 
implications.'' \4\ This action does not have tribal implications, as 
specified in Executive Order 13175. It will not have substantial direct 
effects on tribal governments. Thus, Executive Order 13175 does not 
apply to this action. However, EPA did send letters to each of the 
Montana tribes explaining our regional haze action and offering 
consultation.
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    \4\ 65 FR 67249, 67250 (November 9, 2000).
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G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997). EPA interprets Executive Order 13045 as applying only 
to those regulatory actions that concern environmental health or safety 
risks that EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant

[[Page 41323]]

regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high, and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    The EPA believes that the human health and environmental conditions 
that exist prior to this action do not result in disproportionate and 
adverse effects on people of color, low-income populations, and/or 
Indigenous peoples. In 2012, we determined that our final action would 
``not have disproportionately high and adverse human health or 
environmental effects on minority or low-income populations because it 
increased the level of environmental protection for all affected 
populations without having any disproportionately high and adverse 
human health or environmental effects on any population, including any 
minority or low-income population.'' \5\
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    \5\ 77 FR 57914 (September 18, 2012).
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    The EPA believes that this action is not likely to result in new 
disproportionate and adverse effects on people of color, low-income 
populations and/or Indigenous peoples. Because this final rule alters 
the existing requirements for regional haze in the State of Montana by 
including the enforceable shutdown of two sources and otherwise only 
transfers existing requirements from a FIP to the SIP, our 
determination is unchanged from that in 2012. The EPA additionally 
identified and addressed environmental justice concerns by performing a 
screening analysis using the EJScreen tool \6\ to evaluate 
environmental and demographic indicators for the areas impacted by this 
action. These results indicate that areas impacted by this final action 
are not potential areas of EJ concern and are not candidates for 
further EJ review. EPA is providing this information for public 
information purposes, and not as a basis of our final action. The 
information supporting this Executive Order review is contained in the 
docket for this action.
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    \6\ EJSCREEN is an environmental justice mapping and screening 
tool that provides EPA with a nationally consistent dataset and 
approach for combining environmental and demographic indicators; 
available at https://www.epa.gov/ejscreen/what-ejscreen.
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K. Determination Under Clean Air Act Section 307(d)

    The partial withdrawal of EPA's FIP in this action is subject to 
the provisions of CAA section 307(d) pursuant to section 307(d)(1)(B), 
which provides that section 307(d) applies to, among other things, 
``the promulgation or revision of an implementation plan by the 
Administrator under [CAA section 110(c)].'' \7\ The agency has complied 
with the procedural requirements of CAA section 307(d) during the 
course of this rulemaking with regard to the entirety of this action.
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    \7\ 42 U.S.C. 7607(d)(1)(B).
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L. Congressional Review Act

    This rule is exempt from the Congressional Review Act (CRA) because 
it is a rule of particular applicability that only applies to 4 
facilities.

M. Judicial Review

    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 25, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxides, Particulate 
matter, Sulfur oxide.

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 52 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. Amend Sec.  52.1370 by revising the table in paragraph (d) to read 
as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
                                                                   Notice of
                 Title/subject                       State        final rule              NFR citation
                                                effective date       date
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(1) Cascade County:
    1985 December 5 Stipulation and 1985             12/5/1985        9/7/1990  55 FR 36812.
     October 20 Permit for Montana Refining
     Company. In the matter of the Montana
     Refining Company, Cascade County;
     compliance with ARM 16.8.811, ambient air
     quality standard for carbon monoxide.
(2) Deer Lodge County:
    1978 November 16 Order for Anaconda Copper      11/16/1978       1/10/1980  45 FR 2034.
     Smelter. In the Matter of the Petition of
     the Department of Health and
     Environmental Sciences for an Order
     adopting a Sulfur Oxides Control Strategy
     for the Anaconda Copper Smelter at
     Anaconda, Montana, and requiring the
     Anaconda Company to comply with the
     Control Strategy.
(3) Flathead County:

[[Page 41324]]

 
    Air Quality Permit #2667-M, Dated 1/24/92.       1/24/1992       4/14/1994  59 FR 17700.
     Plum Creek Manufacturing, Inc.
    Stipulation--A-1 Paving, In the Matter of        9/17/1993       3/19/1996  61 FR 11153.
     Compliance of A-1 Paving, Kalispell,
     Montana.
    Stipulation--Equity Supply Company, In the       9/17/1993       3/19/1996  61 FR 11153.
     Matter of Compliance of Equity Supply
     Company.
    Stipulation--Flathead Road Department #1,        9/17/1993       3/19/1996  61 FR 11153.
     In the Matter of Compliance of Flathead
     Road Department, Kalispell, Montana.
    Stipulation--Flathead Road Department #2,        9/17/1993       3/19/1996  61 FR 11153.
     In the Matter of Compliance of Flathead
     Road Department, Kalispell, Montana.
    Stipulation--Klingler Lumber Company, In         9/17/1993       3/19/1996  61 FR 11153.
     the Matter of Compliance of Klinger
     Lumber Company, Inc., Kalispell, Montana.
    Stipulation--McElroy & Wilkens, In the           9/17/1993       3/19/1996  61 FR 11153.
     Matter of Compliance of McElroy and
     Wilkens, Inc., Kalispell, Montana.
    Stipulation--Montana Mokko, In the Matter        9/17/1993       3/19/1996  61 FR 11153.
     of Compliance of Montana Mokko,
     Kalispell, Montana.
    Stipulation--Pack and Company, In the             9/7/1993       3/19/1996  61 FR 11153.
     Matter of Compliance of Pack and Company,
     Inc., Kalispell, Montana.
    Stipulation--Pack Concrete, In the Matter        9/17/1993       3/19/1996  61 FR 11153.
     of Compliance of Pack Concrete, Inc.,
     Kalispell, Montana.
    Stipulation--Plum Creek, In the Matter of        9/17/1993       3/19/1996  61 FR 11153.
     Compliance of Plum Creek Manufacturing,
     L.P., Kalispell, Montana.
(4) Gallatin County:
    GCC Three Forks, LLC's Trident Plant            10/18/2019       6/26/2023  [INSERT FEDERAL REGISTER
     October 18, 2019 Board Order Findings of                                    CITATION].
     Fact, Conclusions of Law, and Order.
     Setting Air Pollutant Emission Limits For
     Revision of the State Implementation Plan
     Concerning Protection of Visibility,
     Appendix A.
(5) Jefferson County:
    Ash Grove Cement Company's Montana City         10/18/2019       6/26/2023  [INSERT FEDERAL REGISTER
     Plant October 18, 2019 Board Order                                          CITATION].
     Findings of Fact, Conclusions of Law, and
     Order. Setting Air Pollutant Emission
     Limits For Revision of the State
     Implementation Plan Concerning Protection
     of Visibility, Appendix A.
(6) Lewis and Clark County:
    Total Suspended Particulate NAAQS--East          4/24/1979       1/10/1980  45 FR 2034.
     Helena, ASARCO Application for Revisions
     of Montana State Air Quality Control
     Implementation Plan--Only as it applies
     to Total Suspended Particulate.
    Sulfur Dioxide NAAQS--Board Orders,              3/15/1994       1/27/1995  60 FR 5313.
     Stipulations, Exhibits, and Attachments,
     Asarco Stipulation--1994 March 15.
    Sulfur Dioxide NAAQS--Board Orders,              3/15/1994       1/27/1995  60 FR 5313.
     Stipulations, Exhibits, and Attachments,
     Exhibit A--Asarco Emission Limitations
     and Conditions, Asarco Incorporated, East
     Helena, Montana.
    Asarco Board Order--1994 March 18. In the        3/18/1994       1/27/1995  60 FR 5313.
     Matter of the Application of the
     Department of Health and Environmental
     Sciences for Revision of the Montana
     State Air Quality Control Implementation
     Plan Relating to Control of Sulfur
     Dioxide Emissions from the Lead Smelter
     Located at East Helena, Montana, owned
     and operated by Asarco Incorporated.
    Lead NAAQS--Board Orders, Stipulations,          6/30/1995       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, American
     Chemet Stipulation--1995 June 30.
    Lead NAAQS--Board Orders, Stipulations,           8/4/1995       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, American
     Chemet Board Order--1995 August 4.
    Lead NAAQS--Board Orders, Stipulations,          6/10/2013       3/28/2018  83 FR 13196.
     Exhibits, and Attachments, Exhibit A--
     American Chemet Emissions Limitations and
     Conditions, American Chemet Corporation,
     East Helena, Montana.
    Lead NAAQS--Board Orders, Stipulations,          6/11/1996       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, Asarco
     Stipulation--1996 June 11.
    Lead NAAQS--Board Orders, Stipulations,          6/26/1996       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, Asarco Board
     Order--1996 June 26.
    Lead NAAQS--Board Orders, Stipulations,          6/26/1996       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, Exhibit A--
     Asarco Emission Limitations and
     Conditions with attachments 1-7, Asarco
     Lead Smelter, East Helena, Montana.
    Lead NAAQS--Board Orders, Stipulations,          8/28/1998       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, Asarco
     Stipulation--1998 August 13.
    Lead NAAQS--Board Orders, Stipulations,          8/28/1998       6/18/2001  66 FR 32760.
     Exhibits, and Attachments, Asarco Board
     Order--1998 August 28.
    Lead NAAQS--Board Orders, Stipulations,          9/15/2000       6/18/2001  66 FR 32767.
     Exhibits, and Attachments, Asarco
     Stipulation--2000 July 18.
    Lead NAAQS--Board Orders, Stipulations,          9/15/2000       6/18/2001  66 FR 32767.
     Exhibits, and Attachments, Asarco Board
     Order--2000 September 15.

[[Page 41325]]

 
(7) Lincoln County:
    Board Order--1994 December 16 (Stimson          12/16/1994       9/30/1996  61 FR 51014.
     Lumber). In the Matter of Compliance of
     Stimson Lumber Company, Libby, Montana.
    Air Quality Permit #2627-M Dated 7/25/91.        3/19/1993       8/30/1994  59 FR 44627.
     Stimson Lumber Company (formerly Champion
     International Corp).
    Stipulation--Stimson Lumber. In the Matter      12/16/1994       9/30/1996  61 FR 51014.
     of Compliance of Stimson Lumber Company,
     Libby, Montana.
(8) Missoula County:
    Air Quality Permit #2303M, Dated 3/20/92.        3/20/1992       1/18/1994  59 FR 2537.
     Louisiana-Pacific Corporation.
    Air Quality Permit #2589M, Dated 1/23/92.        1/24/1992       1/18/1994  59 FR 2537.
     Stone Container Corporation.
(9) Rosebud County:
    1980 October 22 Permit for Western Energy       10/22/1980       4/26/1985  50 FR 16475.
     Company.
    Talen Montana, LLC's Colstrip Steam             10/18/2019       6/26/2023  [INSERT FEDERAL REGISTER
     Electric Station, Units 1 and 2 October                                     CITATION].
     18, 2019 Board Order Findings of Fact,
     Conclusions of Law, and Order. Setting
     Air Pollutant Emission Limits For
     Revision of the State Implementation Plan
     Concerning Protection of Visibility,
     Appendix A.
(10) Silver Bow County:
    Air Quality Permit #1636-06 dated 8/22/96.       8/22/1996       12/6/1999  64 FR 68034.
     Rhone-Poulenc Basic Chemicals Company.
    Air Quality Permit #1749-05 dated 1/5/94.         1/5/1994       3/22/1995  60 FR 15056.
     Montana Resources, Inc.
(11) Yellowstone County:
    Cenex June 12, 1998 Board Order and              6/12/1998        5/2/2002  67 FR 22168.
     Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Cenex June 12, 1998 Exhibit A (with 3/17/        3/17/2000       5/22/2003  68 FR 27908.
     00 Revisions) Emission Limitations and
     Other Conditions.
    Cenex March 17, 2000 Board Order and             3/17/2000       5/22/2003  68 FR 27908.
     Stipulation. In the Matter of the
     Application of the Department of
     Environmental Quality for Revision of the
     Montana State Air Quality Control
     Implementation Plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Conoco June 12, 1998 Board Order and             6/12/1998        5/2/2002  67 FR 22168.
     Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Conoco June 12, 1998 Exhibit A. Emission         6/12/1998        5/2/2002  67 FR 22168.
     Limitations and Other Conditions.
    Exxon June 12, 1998 Board Order and              6/12/1998        5/2/2002  67 FR 22168.
     Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation Plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Exxon June 12, 1998 Exhibit A (with 3/17/        3/17/2000       5/22/2003  68 FR 27908.
     00 Revisions). Emission Limitations and
     Other Conditions.
    Exxon March 17, 2000 Board Order and             3/17/2000       5/22/2003  68 FR 27908.
     Stipulation. In the Matter of the
     Application of the Department of
     Environmental Quality for Revision of the
     Montana State Air Quality Control
     Implementation Plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Montana Power June 12, 1998 Board Order          6/12/1998        5/2/2002  67 FR 22168.
     and Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Montana Power June 12, 1998 Exhibit A,           6/12/1998        5/2/2002  67 FR 22168.
     Emission Limitations and Conditions.
    Montana Sulphur & Chemical Company June          6/12/1998        5/2/2002  67 FR 22168.
     12, 1998 Board Order and Stipulation. In
     the Matter of the Application of the
     Department of Health and Environmental
     Sciences for Revision of the Montana
     State Air Quality Control Implementation
     plan Relating to Control of Sulfur
     Dioxide Emissions in the Billings/Laurel
     Area.
    Montana Sulphur & Chemical Company June          6/12/1998        5/2/2002  67 FR 22168.
     12, 1998 Exhibit A. Emission Limitations
     and Other Conditions.

[[Page 41326]]

 
    Western Sugar June 12, 1998 Board Order          6/12/1998        5/2/2002  67 FR 22168.
     and Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Western Sugar June 12, 1998 Exhibit A.           6/12/1998        5/2/2002  67 FR 22168.
     Emission Limitations and Other Conditions.
    Yellowstone Energy Limited Partnership           6/12/1998        5/2/2002  67 FR 22168.
     June 12, 1998 Board Order and
     Stipulation. In the Matter of the
     Application of the Department of Health
     and Environmental Sciences for Revision
     of the Montana State Air Quality Control
     Implementation Plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
    Yellowstone Energy Limited Partnership           3/17/2000       5/22/2003  68 FR 27908.
     June 12, 1998 Exhibit A (with 3/17/00
     revisions) Emission Limitations and Other
     Conditions.
    Yellowstone Energy Limited Partnership           3/17/2000       5/22/2003  68 FR 27908.
     March 17, 2000 Board Order and
     Stipulation. In the Matter of the
     Application of the Department of
     Environmental Quality for Revision of the
     Montana State Air Quality Control
     Implementation Plan Relating to Control
     of Sulfur Dioxide Emissions in the
     Billings/Laurel Area.
(12) Other:
    JE Corette Steam Electric Station October       10/18/2019       6/26/2023  [INSERT FEDERAL REGISTER
     18, 2019 Board Order Findings of Fact,                                      CITATION].
     Conclusions of Law, and Order. Setting
     Air Pollutant Emission Limits For
     Revision of the State Implementation Plan
     Concerning Protection of Visibility,
     Appendix A.
----------------------------------------------------------------------------------------------------------------

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Sec.  52.1396  [Removed and Reserved]

0
3. Remove and reserve Sec.  52.1396.

[FR Doc. 2023-13464 Filed 6-23-23; 8:45 am]
BILLING CODE P