

[Federal Register: July 19, 2006 (Volume 71, Number 138)]
[Rules and Regulations]
[Page 40922-40925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jy06-12]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2006-0009, FRL-8187-6]


Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana; Direct Final
Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action approving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on October 25, 2005. The revisions are to the Administrative Rules of
Montana and update the citations and references to federal documents
and addresses where copies of documents can be obtained, and delete
three definitions. 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.

DATES: This rule is effective on September 18, 2006 without further
notice, unless EPA receives adverse comment by August 18, 2006. If
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0009, by one of the following methods:
      http://www.regulations.gov. Follow the online

instructions for submitting comments.
     E-mail: long.richard@epa.gov and ostrand.laurie@epa.gov.

     Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0009. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov including any personal information provided, unless

the comment includes information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through http://www.regulations.gov or e-mail. The

http://www.regulations.gov Web site is an ``anonymous access'' system, which

means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA, without going through http://www.regulations.gov, your e-mail

address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information

[[Page 40923]]

about EPA's public docket visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm. For additional instructions on

submitting comments, go to section I. General Information of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
http://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 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, ostrand.laurie@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. EPA's Review of the State of Montana's October 25, 2005
Submittal
IV. Final Action
V. 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. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline
identified.

II. Background

    On October 25, 2005, the Governor submitted a SIP revision that
contains amendments to the following sections of the Administrative
Rules of Montana (ARM) 17.8.102, 17.8.103, 17.8.302, 17.8.602,
17.8.767, 17.8.802, 17.8.902, 17.8.1002, and 17.8.1102. The amendments
update citations and references to Federal documents and addresses
where copies of documents can be obtained. The Board of Environmental
Review adopted these amendments on June 3, 2005 and they became
effective on June 17, 2005. Additionally, the October 2005 submittal
deletes the definition of ``public nuisance'' from Sub-Chapter 1 and
the definitions of ``animal matter'' and ``reduction'' from Sub-Chapter
3. The Board of Environmental Review rescinded the definitions on May
18, 2001 and the rescission became effective on June 8, 2001.

III. EPA's Review of the State of Montana's October 25, 2005 Submittal

A. Revisions to the Administrative Rules of Montana Adopted June 3,
2005 and Effective June 17, 2005

1. Changes to Sub-Chapter 1--General Provisions
    a. Review of changes to ARM 17.8.102--Incorporation by Reference--
Publication Dates. The state is updating the reference to the United
States Code, and the dates of the Code of Federal Regulations and other
state rules that are referenced. We are approving ARM 17.8.102 as in
effect on June 17, 2005.
    b. Review of changes to ARM 17.8.103--Incorporation by Reference
and Availability of Referenced Documents. The state is amending ARM
17.8.103(3) and (4) to update the addresses for obtaining copies of
documents referenced in the rule. We are approving ARM 17.8.103(3) and
(4) as in effect on June 17, 2005.
2. Changes to Sub-Chapter 3--Emission Standards
    a. Review of changes to ARM 17.8.302--Incorporation by Reference.
The state is making minor changes to ARM 17.8.302(2) and amending ARM
17.8.302(3) and (4) to update the addresses for obtaining copies of
documents referenced in the rule. We are approving ARM 17.8.302(2), (3)
and (4) as in effect on June 17, 2005.
3. Changes to Sub-Chapter 6--Open Burning
    a. Review of changes to ARM 17.8.602--Incorporation by Reference.
The state is making minor changes to ARM 17.8.602(2) and amending ARM
17.8.602(3) and (4) to update the addresses for obtaining copies of
documents referenced in the rule. We are approving ARM 17.8.602(2), (3)
and (4) as in effect on June 17, 2005.
4. Changes to Sub-Chapter 7--Permit, Construction and Operation of Air
Contaminant Sources
    a. Review if changes to ARM 17.8.767--Incorporation by Reference.
EPA will address these revisions in a separate action with other
revisions to Sub-Chapter 7 submitted previously.

[[Page 40924]]

5. Changes to Sub-Chapter 8--Prevention of Significant Deterioration of
Air Quality
    a. Review of changes to ARM 17.8.802--Incorporation by Reference.
The state is making minor changes to ARM 17.8.802(2) and amending ARM
17.8.802(3), (4) and (5) to update the addresses for obtaining copies
of documents referenced in the rule. We are approving ARM 17.8.802(2),
(3), (4) and (5) as in effect on June 17, 2005.
6. Changes to Sub-Chapter 9--Permit Requirements for Major Stationary
Sources or Major Modifications Locating Within Nonattainment Areas
    a. Review of changes to ARM 17.8.902--Incorporation by Reference.
The state is making minor changes to ARM 17.8.902(2) and amending ARM
17.8.902(3), (4) and (5) to update the addresses for obtaining copies
of documents referenced in the rule. We are approving ARM 17.8.902(2),
(3), (4) and (5) as in effect on June 17, 2005.
7. Changes to Sub-Chapter 10--Preconstruction Permit Requirements for
Major Stationary Sources or Major Modifications Locating Within
Attainment or Unclassified Areas
    a. Review of changes to ARM 17.8.1002--Incorporation by Reference.
The state is making minor changes to ARM 17.8.1002(2) and amending ARM
17.8.1002(3), (4) and (5) to update the addresses for obtaining copies
of documents referenced in the rule. We are approving ARM 17.8.1002(2),
(3), (4) and (5) as in effect on June 17, 2005.
8. Changes to Sub-Chapter 11--Visibility Impact Assessment
    a. Review of changes to ARM 17.8.1102--Incorporation by Reference.
The state is making minor changes to ARM 17.8.1102(2) and amending ARM
17.8.1102(3) and (4) to update the addresses for obtaining copies of
documents referenced in the rule. We are approving ARM 17.8.1102(2),
(3) and (4) as in effect on June 17, 2005.

B. Deletion of Definitions from the Administrative Rules of Montana
Rescinded May 18, 2001 and Effective June 8, 2001

1. Changes to Sub-Chapter 1--General Provisions
    a. Review of changes to ARM 17.8.101--Definitions. The state is
deleting the definition of ``public nuisance.'' At the same time the
state deleted its non-SIP approved odor rule they also deleted several
definitions of terms that were included in the odor rule. Although the
term ``public nuisance'' is used on two other air quality rules the
state intends for the statutory definition to apply to these rules. We
are approving the removal of the definition of ``public nuisance''
effective on June 8, 2001.
2. Changes to Sub-Chapter 3--Emission Standards
    a. Review of changes to ARM 17.8.301--Definitions. The state is
deleting the definitions of ``animal matter'' and ``reduction.'' At the
same time the state deleted its non-SIP approved odor rule they also
deleted several definitions of terms that were included in the odor
rule. The term ``animal matter'' is not used in any other air quality
rules. The term ``reduction'' is used in other air quality rules,
however, in the other rules its meaning is different than that
contained in the definition being deleted. The state intends the term
``reduction'' to have the meaning indicated by the particular context
of each rule. We are approving the removal of the definitions for
``animal matter'' and ``reduction'' effective on June 8, 2001.

IV. Final Action

    EPA is approving the following changes to the ARM that were
submitted on October 25, 2005 and effective on June 17, 2005: ARM
17.8.102(1), 17.8.103(3) and (4); 17.8.302(2), (3) and (4);
17.8.602(2), (3) and (4); 17.8.802(2), (3), (4) and (5); 17.8.902(2),
(3), (4) and (5); 17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3)
and (4).
    EPA is approving the deletion of the following definitions from the
ARM that were submitted on October 25, 2005 and effective on June 8,
2001: ``public nuisance'' in Sub-Chapter 1 and ``animal matter'' and
``reduction'' in Sub-Chapter 3.
    EPA is not acting on the following changes to the ARM that were
submitted on October 25, 2005 and effective on June 17, 2005: ARM
17.8.767(1), (2), (3) and (4). These revisions will be addressed in a
separate action.
    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 October 25, 2005 submittal
merely makes administrative amendments to the State's Administrative
Rules of Montana. Therefore, section 110(l) requirements are satisfied.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments; we are merely approving administrative changes to
Montana's air rules. However, in the ``Proposed Rules'' section of
today's Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective September 18,
2006 without further notice unless the Agency receives adverse comments
by August 18, 2006. If the EPA receives adverse comments, EPA will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

V. 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).

[[Page 40925]]

    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.
    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 September 18, 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 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 13, 2006.
Andrew M. Gaydosh,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is 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)(64) to read as
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (64) Revisions to State Implementation Plan were submitted by the
State of Montana on October 25, 2005. The revisions are to the
Administrative Rules of Montana and: update the citations and
references to federal documents and addresses where copies of documents
can be obtained; and delete the definition of ``public nuisance'' from
Sub-Chapter 1 and the definitions of ``animal matter'' and
``reduction'' from Sub-Chapter 3.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections: ARM
17.8.102(1), 17.8.103(3) and (4); 17.8.302(2), (3) and (4);
17.8.602(2), (3) and (4); .17.8.802(2), (3), (4) and (5); 17.8.902(2),
(3), (4) and (5); 17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3)
and (4), effective June 17, 2005.

[FR Doc. E6-11344 Filed 7-18-06; 8:45 am]

BILLING CODE 6560-50-P
