[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3776-3779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-634]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 60
[EPA-R08-OAR-2004-MT-0001, FRL-8012-9]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana; New Source
Performance Standards for Montana; Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Montana on August 20, 2003, except for
revisions to three rules that EPA will act on at a later date. The
revisions modify definitions and references to federal regulations and
other materials in the Administrative Rules of Montana. The intended
effect of this action is to make federally enforceable those provisions
that EPA is approving. This action is being taken under section 110 of
the Clean Air Act.
EFFECTIVE DATE: This final rule is effective February 23, 2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2004-MT-0001. All documents in the docket are listed on
the www.regulations.gov Web site. 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 either
electronically through
[[Page 3777]]
http://www.regulations.gov or in hard copy at the Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, 999 18th
Street, Suite 300, Denver, Colorado 80202-2466. 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 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, Air and Radiation
Program, Mailcode 8P-AR, Environmental Protection Agency (EPA), Region
8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466, (303) 312-
6437, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
I. Background
On July 20, 2004 (69 FR 43371), EPA published a notice of proposed
rulemaking partially approving and partially disapproving SIP revisions
submitted by the State of Montana on April 18, 2003 and August 20,
2003. The revisions modify the open burning rules, definitions and
references to federal regulations and other materials in the
Administrative Rules of Montana. At this time we are finalizing our
proposed action on the August 20, 2003 submittal. We will address the
April 18, 2003 submittal, pertaining to open burning rules and ARM
17.8.302(1)(f), in a separate action. In the July 20, 2004 proposed
rulemaking notice we also announced that on January 9, 2004, pursuant
to section 111(c) of the Act, we delegated the authority to the State
of Montana to implement and enforce the New Source Performance
Standards (NSPS).
The August 20, 2003 submittal contains amendments to definitions
and incorporation by reference of current federal regulations and other
material into air quality rules at ARM 17.8.101, 17.8.102, 17.8.103,
17.8.106, 17.8.110, 17.8.302, 17.8.401, 17.8.402, 17.8.801, 17.8.802,
17.8.818, 17.8.819, 17.8.821, 17.8.901, 17.8.902, 17.8.905, and
17.8.1002. The amendments update federal citations, make clerical
amendments, and eliminate the duplication of statutory language in
definitions by citing to the definitions in the statute.
We proposed to approve all of the August 20, 2003 submittal, except
for changes in ARM 17.8.401 and 402. In our proposal we indicated that
we were not acting on the changes to ARM 17.8.401 and 402 at this time
for the same reasons stated on our August 13, 2001 action (66 FR 42427
at 42434). We did not receive any comments on our proposed action of
the August 20, 2003 submittal.
We have also decided to not act on the changes to ARM 17.8.106 at
this time. We will address ARM 17.8.106 at a later date.
II. Final Action
EPA is approving the following changes to the ARM that were
submitted on August 20, 2003 and effective on April 11, 2003: ARM
17.8.101(2), (8), (9), (12), (19), (20), (22), (23), (30) and (36);
17.8.102; 17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4),
(6), (20), (21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2),
(3) and (6); 17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14);
17.8.902(1); 17.8.905(1)(c); and 17.8.1002(1). We are also approving
the deletion of ARM 17.8.101(43) that references definitions in the
Montana Code Annotated.
EPA is not acting on the following changes to the ARM that were
submitted on August 20, 2003 and effective on April 11, 2003: ARM
17.8.106, 17.8.401 and 17.8.402. These revisions will be addressed in a
separate action.
EPA is updating the table in 40 CFR 60.4(c), entitled ``Delegation
Status of New Source Performance Standards [(NSPS) for Region VIII],''
to indicate the current status of the 40 CFR part 60 NSPS that are
delegated to the State of Montana.
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. The Montana SIP revisions that are the subject of this
document do not interfere with the maintenance of the NAAQS or any
other applicable requirement of the Act. The August 20, 2003 submittal
merely makes administrative amendments to the State's Administrative
Rules of Montana. Therefore, section 110(l) requirements are satisfied.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it 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).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
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In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 rule 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 March 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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).)
List of Subjects
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.
40 CFR Part 60
Administrative practice and procedure, Air pollution control,
Aluminum, Ammonium sulfate plants, Beverages, Carbon monoxide, Cement
industry, Coal, Copper, Dry cleaners, Electric power plants,
Fertilizers, Fluoride, Gasoline, Glass and glass products, Graphic arts
industry, Household appliances, Insulation, Intergovernmental
relations, Iron, Lead, Lime, Metallic and nonmetallic mineral
processing plants, Metals, Motor vehicles, Natural gas, Nitric acid
plants, Nitrogen dioxide, Paper and paper products industry,
Particulate matter, Paving and roofing materials, Petroleum, Phosphate,
Plastics materials and synthetics, Reporting and recordkeeping
requirements, Sewage disposal, Steel, Sulfur oxides, Tires, Urethane,
Vinyl, Waste treatment and disposal, Zinc.
Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
0
40 CFR parts 52 and 60 are amended to read as follows:
PART 52--[AMENDED]
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. Section 52.1370 is amended by adding paragraph (c)(61) to read as
follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(61) Revisions to State Implementation Plan were submitted by the
State of Montana on August 20, 2003. The revisions modify definitions
and references to federal regulations and other materials in the
Administrative Rules of Montana (ARM). The revisions also delete the
definition at ARM 17.8.101(43).
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM
17.8.101(2), (8), (9), (12), (19), (20), (22), (23), (30), and (36);
17.8.102; 17.8.103(1); 17.8.110(2); 17.8.302(1); 17.8.801(1), (3), (4),
(6), (20), (21), (22), (24), (27) and (28); 17.8.802(1); 17.8.818(2),
(3) and (6); 17.8.819(3); 17.8.821; 17.8.901(1), (11), (12) and (14);
17.8.902(1); 17.8.905(1)(c); and 17.8.1002(1) effective April 11, 2003.
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as
amended, 104 Stat. 2399, unless otherwise noted).
Subpart A--General Provisions
0
2. Section 60.4 is amended by revising the entries for ``Eb--Large
Municipal Waste Combustors'' and ``Ec--Hospital/Medical/Infectious
Waste Incinerators'' in the table in paragraph (c) entitled
``Delegation Status of New Source Performance Standards [(NSPS) for
Region VIII]'' to read as follows:
Sec. 60.4 Address.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards
[(NSPS) for Region VIII]
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Subpart CO MT ND SD UT WY
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* * * * * * *
Eb--Large Municipal Waste Combustors................ ........ X ........ X X X
Ec--Hospital/Medical/Infectious Waste Incinerators.. X X X X X X
* * * * * * *
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[FR Doc. 06-634 Filed 1-23-06; 8:45 am]
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