
[Federal Register Volume 78, Number 151 (Tuesday, August 6, 2013)]
[Rules and Regulations]
[Pages 47572-47573]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18842]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0298, FRL-9843-2]


Disapproval of State Implementation Plan; Infrastructure 
Requirements for the 1997 8-Hour Ozone National Ambient Air Quality 
Standard; Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is disapproving the State Implementation Plan (SIP) 
submitted by the State of Montana to demonstrate that the SIP meets one 
of the infrastructure requirements of the Clean Air Act (CAA) for the 
National Ambient Air Quality Standards (NAAQS) promulgated for ozone on 
July 18, 1997. The CAA requires that each state, after a new or revised 
NAAQS is promulgated, review their SIPs to ensure that they meet 
infrastructure requirements. The State of Montana submitted 
certifications of their infrastructure SIP for the 1997 ozone NAAQS on 
November 28, 2007 and December 22, 2009. EPA is disapproving Montana's 
submissions with respect to the infrastructure element regarding state 
boards.

DATES: Effective Date: This final rule is effective September 5, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2010-0298. 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 www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. 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: Kathy Ayala, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR,

[[Page 47573]]

1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6142, 
ayala.kathy@epa.gov.

SUPPLEMENTARY INFORMATION:

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 NAAQS mean or refer to National Ambient Air 
Quality Standards.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The words State or Montana mean the State of Montana, unless 
the context indicates otherwise.

Table of Contents

I. Background
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background

    Infrastructure requirements for SIPs are provided in sections 
110(a)(1) and (2) of the CAA. Section 110(a)(2) lists the specific 
infrastructure elements that a SIP must contain or satisfy. The element 
that is the subject of this action, section 110(a)(2)(E)(ii), is 
described in detail in our proposal of May 31, 2013 (78 FR 32613). The 
State of Montana submitted certifications of their infrastructure SIP 
for the 1997 ozone NAAQS on November 28, 2007 and December 22, 2009. We 
acted on those submissions, with the exception of element 
110(a)(2)(E)(ii), on July 22, 2011 (76 FR 43918).
    On May 31, 2013, EPA published a notice of proposed rulemaking 
(NPR) for the remaining portion of the two Montana submissions. The NPR 
proposed disapproval of the Montana submissions with respect to 
infrastructure element 110(a)(2)(E)(ii) regarding requirements for 
state boards under section 128. The reasons for this disapproval are 
detailed within our proposal. In summary, the Montana SIP fails to 
include provisions which meet the explicit legal requirements of 
section 128.

II. Response to Comments

    No comments were received.

III. Final Action

    EPA is disapproving Montana's November 28, 2007 and December 22, 
2009 submissions for the 1997 ozone NAAQS with respect to 
infrastructure element 110(a)(2)(E)(ii) regarding requirements for 
state boards under CAA section 128.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to act on 
SIP submissions in accordance 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, EPA's role is to either approve or 
disapprove state choices, in accordance with the criteria of the Clean 
Air Act. Accordingly, this action merely disapproves a state submission 
that does not meet Federal requirements. This action does not raise 
novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set for in the EO and does 
not impose additional requirements beyond those imposed by state law. 
For these reasons, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     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 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 October 7, 2013. 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).)

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: July 24, 2013.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2013-18842 Filed 8-5-13; 8:45 am]
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