
[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4793-4795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01490]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2014-0713; FRL-9919-42-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to Administrative Rules of Montana--Prevention of 
Significant Deterioration

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve State Implementation Plan (SIP) revisions submitted 
by the State of Montana on June 4, 2013. This submission revises the 
Administrative Rules of Montana that pertain to the issuance of Montana 
air quality permits. The June 4, 2013 revisions contain amended and 
renumbered rules that, among other things, address the proper treatment 
of air pollutants under the State's prevention of significant 
deterioration (PSD) program. In this rulemaking, we are taking final 
action on all of the June 4, 2013 submittal, with the exception of one 
small portion. This action is being taken under section 110 of the 
Clean Air Act (CAA).

DATES: This final rule is effective March 2, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2014-0713. All documents in the docket are listed in 
the 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 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 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: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. What are the changes that EPA is taking final action to approve?
III. Response to Comments
IV. What action is EPA taking today?
V. Statutory and Executive Orders Review

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 initials ARM mean or refer to the Administrative Rules of 
Montana.
    (iii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iv) The initials FIP mean or refer to Federal Implementation Plan.
    (v) The initials MDEQ mean or refer to the Montana Department of 
Environmental Quality.
    (vi) The initials NOX mean or refer to nitrogen oxides.
    (vii) The initials NSR mean or refer to New Source Review.
    (viii) The initials PM2.5 mean or refer to particulate matter equal 
to or less than 2.5 microns in diameter.
    (ix) The initials PSD mean or refer to Prevention of Significant 
Deterioration.
    (x) The initials SIP mean or refer to State Implementation Plan.
    (xi) The words State or Montana mean the State of Montana, unless 
the context indicates otherwise.

I. Background

    EPA is taking final action to approve (with one exception) the 
revisions to Title 17, Chapter 8, subchapter 8 of the Administrative 
Rules of Montana (ARM) submitted by the State on June 4, 2013, that 
relate to the State's PSD program. The revisions to the State PSD SIP 
were adopted by the Montana Department of

[[Page 4794]]

Environmental Quality (MDEQ) on September 27, 2012, and became 
effective October 12, 2012.
    Montana's revisions addressed certain requirements in EPA's 
November 29, 2005 ``Final Rule to Implement the 8-Hour Ozone National 
Ambient Air Quality Standards--Phase 2,'' 70 FR 71612 (``Phase 2 Ozone 
Implementation Rule''). EPA's November 29, 2005 rule required states to 
revise their programs for major source permitting to address ozone 
formation by properly regulating precursor pollutants. ``Precursor 
pollutants'' are pollutants that combine to form another pollutant; in 
particular, nitrogen oxides (NOX) react with volatile 
organic compounds to form ozone. In the Phase 2 Ozone Implementation 
Rule, EPA identified NOX as an ozone precursor pollutant in 
attainment and unclassifiable areas. Accordingly, the Phase 2 Ozone 
Implementation Rule amended the definitions in 40 CFR 51.166 of ``major 
stationary source,'' ``major modification,'' ``significant,'' and 
``regulated NSR pollutant'' to include NOX as an ozone 
precursor; the rule also amended certain requirements regarding 
monitoring of ozone to reflect the identification of NOX as 
an ozone precursor.
    However, prior to Montana's June 4, 2013 submittal, the State had 
not amended its PSD rules accordingly. As a result, in a July 22, 2011 
final rule (Approval and Disapproval and Promulgation of State 
Implementation Plan Revisions; Infrastructure Requirements for the 1997 
8-Hour Ozone National Ambient Air Quality Standards; Montana), EPA 
partially disapproved a Montana SIP submission that (among other 
things) addressed PSD requirements pursuant to CAA section 
110(a)(2)(C), because Montana's PSD rules did not properly address 
NOX as an ozone precursor pollutant as required by the Phase 
2 Ozone Implementation Rule. 76 FR 43918; see also 76 FR 28934 
(proposal). Under CAA section 110(c)(1)(B), this disapproval started a 
two-year Federal Implementation Plan (FIP) clock as to this deficiency, 
which required EPA to promulgate a FIP within two years of the 
disapproval unless the State submitted and we approved a plan revision 
correcting the deficiency. As we are now taking final action to approve 
Montana's June 4, 2013, submittal, which addresses the requirements of 
the Phase 2 Ozone Implementation Rule, this action fixes the deficiency 
identified in our prior disapproval and removes our FIP obligations.

II. What are the changes that EPA is taking final action to approve?

    With respect to Montana's June 4, 2013 submittal, EPA is taking 
final action to approve revisions to the Montana SIP that bring the 
State PSD program into conformance with the requirements of the Phase 2 
Ozone Implementation Rule.
    In our September 29, 2014 proposed action (79 FR 58311), we 
proposed to approve the following revisions to the Administrative Rules 
of Montana (ARM): 17.8.801(20)(a) (major modification); 17.8.801(22)(b) 
(major stationary source); 17.8.801(25) (nitrogen oxides or NOX); 
17.8.801(27)(a) (significant); and 17.8.818(7)(a)(6) (Review of Major 
Source and Major Modifications--Source Applicability and Exemptions). 
The submittal also corrected a small error in an August 15, 2012 
Montana submittal regarding the treatment of fine particulate matter 
(PM2.5). We have not acted on the remaining portions of the 
August 15, 2012 submittal; EPA will act on the correction in the June 
4, 2013 submittal in tandem with our future action on the rest of the 
August 15, 2012 submittal.
    We provided a detailed explanation of the basis of approval in our 
proposed rulemaking (see 79 FR 58311). We invited comment on all 
aspects of our proposal and provided a 30-day comment period. The 
comment period ended on October 29, 2014.

III. Response to Comments

    We received one comment during the public comment period. This one 
comment was in support of our proposed rule, and we acknowledge receipt 
of that comment.

IV. What action is EPA taking today?

    As discussed in our proposed rulemaking, the requirements included 
in Montana's PSD program, as specified in ARM 17.8.801 and ARM 
17.8.818, are substantially the same as the federal provisions for PSD 
as set forth at 40 CFR 51.166. Thus, for the reasons discussed in our 
proposal notice and summarized above, EPA is taking final action to 
approve the revisions to the ARM 17.8.801 and 17.8.818 as outlined in 
Section II of this rulemaking (with the small exception noted there) 
and as submitted to EPA by the State of Montana on June 4, 2013.

V. Statutory and Executive Orders Review

    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, 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 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 
in 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

[[Page 4795]]

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 March 30, 2015. 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 CAA 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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 3, 2014.
Shaun L. McGrath,
Regional Administrator, Region 8.

    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. Section 52.1370 is amended by adding paragraph (c)(74) to read as 
follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (74) On June 4, 2013 the State of Montana submitted revisions to 
the Administrative Rules of Montana (ARM), Air Quality, Subchapter 8, 
Prevention of Significant Deterioration of Air Quality, 17.8.801, 
Definitions, and 17.8.818, Review of Major Stationary Sources and Major 
Modifications--Source Applicability and Exemptions.
    (i) Incorporation by reference
    (A) Administrative Rules of Montana, Air Quality, Subchapter 8, 
Prevention of Significant Deterioration of Air Quality, 17.8.801, 
Definitions, (20) introductory text, (20)(a); (22) introductory text, 
(22)(b); (25); (28) introductory text, (28)(a), except for the phrase 
``nitrogen oxides (NOx)''; and, 17.8.818, Review of Major Stationary 
Sources and Major Modifications--Source Applicability and Exemptions, 
(7) introductory text, (7)(a) introductory text, (7)(a)(vi), effective 
10/12/2012.

[FR Doc. 2015-01490 Filed 1-28-15; 8:45 am]
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