Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Emergency Episode Avoidance Plan; Direct Final Rule, 19-21 [05-24366]
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2005–MT–0002, FRL–8012–
8]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the Emergency
Episode Avoidance Plan; Direct Final
Rule
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
EPA is taking direct final
action approving State Implementation
Plan (SIP) revisions submitted by the
State of Montana on August 2, 2004.
The revisions are to the State’s
Emergency Episode Avoidance Plan
(EEAP). 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 March 6,
2006, without further notice, unless
EPA receives adverse comment by
February 2, 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–2005–MT–0002 by one of the
following methods:
• www.regulations.gov. Follow the
on-line 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–2005-MT–
0002. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
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SUMMARY:
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made available online at
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov, your email 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
about EPA’s public docket visit the EPA
Docket Center homepage at https://
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 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 form.
Publicly available docket materials are
available either electronically in
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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
19
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
August 2, 2004 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, 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
www.regulations.gov or el-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 to 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
of section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
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.
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II. Background
On August 2, 2004, the Governor
submitted a SIP revision that contains
amendments to the Montana Emergency
Episode Avoidance Plan (EEAP). The
EEAP fulfills the requirements of 40
CFR part 51, subpart H which requires
a plan to prevent ambient
concentrations of air pollutants from
reaching levels that may endanger
public health and welfare.
III. EPA’s Review of the State of
Montana’s August 25, 2004 Submittal
The August 2, 2004 revisions to
Montana’s EEAP are substantive and
administrative in nature. The
substantive changes are in the priority
classification of Air Quality Control
Regions (AQCRs). Priority
classifications are based on recent
ambient concentrations. In the August
2004 EEAP submittal, Montana used the
three most recent years of ambient data
(2000, 2001 and 2002) to revise the
priority classification of all AQCRs to
priority III for all pollutants (sulfur
dioxide (SO2), carbon monoxide (CO),
particulate matter (PM–10) nitrogen
dioxide (NO2), and ozone (O3)).
Previously the Helena and Missoula
AQCR were classified as priority II for
particulate matter (PM–10) and the
remainder of the state was classified as
Priority III for SO2, CO, PM–10, NO2 and
O3.
It should be noted that Montana
experienced exceedences of the PM–10
NAAQS in 2000. These exceedences
were caused by natural events
(wildfires) and Montana has not
included these exceedence values for
purposes of determining priority
classifications for the state. We believe
it is acceptable for Montana to not
include the data from the natural events
for two reasons. First, Montana has an
EPA-approved Natural Events Action
Plan (NEAP) to address ambient air
quality problems caused by wildfires.
Second, Montana is retaining its
Emergency Episode Action Stages for
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SO2, PM–10 and CO because areas in
the state have previously been classified
as Priority I or II for these pollutants.
Montana has also made
administrative changes to the EEAP. We
believe the administrative changes are
not substantive. Some of the
administrative changes clarify aspects of
the plan and others are changes in
writing style.
IV. Final Action
EPA is approving Montana’s
Emergency Episode Avoidance Plan
submitted on August 2, 2004.
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 March 6, 2006, without
further notice unless the Agency
receives adverse comments by February
2, 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.
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 revision that is the subject of this
document does not interfere with the
maintenance of the NAAQS or any other
applicable requirement of the Act. The
August 2, 2004 submittal is a plan to
prevent ambient concentrations of air
pollutants from reaching levels that may
endanger public health and welfare.
Therefore, section 110(l) requirements
are satisfied.
PO 00000
Frm 00020
Fmt 4700
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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).
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
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Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations
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 6, 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: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
■
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1371 is amended by
revising the introductory text and
revising the entries ‘‘Helena Intrastate
AQCR 142’’ and ‘‘Missoula Intrastate
AQCR 144’’ in the table to read as
follows:
■
§ 52.1371
Classification of regions.
The Montana Emergency Episode
Avoidance Plan was revised with an
August 2, 2004 submittal by the
Governor. The August 2, 2004
Emergency Episode Avoidance Plan
classified the Air Quality Control
Regions (AQCR) as follows:
Pollutant
Air quality control regions (AQCR)
Particulate
matter
*
*
*
Helena Intrastate AQCR 142 ...............................................
*
*
*
*
Missoula Intrastate AQCR 144 .............................................
*
[FR Doc. 05–24366 Filed 12–30–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[R04–OAR–2005–TN–0004–200526(a); FRL–
8014–6]
Approval and Promulgation of
Implementation Plans; Tennessee and
Nashville-Davidson County; Approval
of Revisions to the State
Implementation Plan
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Sulfur
oxide
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
The EPA is approving nonregulatory revisions to the Tennessee
State Implementation Plan (SIP) and
regulatory revisions to the NashvilleSUMMARY:
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Nitrogen
dioxide
III
*
III
III
III
*
III
III
Davidson portion of the Tennessee SIP,
submitted by the State of Tennessee
through the Tennessee Department of
Environment and Conservation (TDEC)
on January 26, 1999, October 11, 2001,
and April 15, 2005. The revisions
amend the Vehicle Inspection and
Maintenance program in NashvilleDavidson County and the Nashville
(Middle Tennessee) 1-Hour Ozone
Maintenance Plan.
DATES: This direct final rule is effective
March 6, 2006 without further notice,
unless EPA receives adverse comment
by February 2, 2006. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
Submit your comments,
identified by Regional Material in
EDocket (RME) ID No. R04–OAR–2005–
TN–0004, by one of the following
methods:
ADDRESSES:
PO 00000
Frm 00021
Carbon
monoxide
Fmt 4700
Sfmt 4700
Ozone
*
*
III
*
III
*
III
III
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Agency Web site: https://
docket.epa.gov/rmepub/ RME, EPA’s
electronic public docket and comment
system, is EPA’s preferred method for
receiving comments. Once in the
system, select ‘‘quick search,’’ then key
in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
3. E-mail:
hoffman.annemarie@epa.gov.
4. Fax: 404–562–9019.
5. Mail: R04–OAR–2005–TN–0004,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
6. Hand Delivery or Courier. Deliver
your comments to: Anne Marie
E:\FR\FM\03JAR1.SGM
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Agencies
[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 19-21]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24366]
[[Page 19]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2005-MT-0002, FRL-8012-8]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Emergency Episode Avoidance Plan; 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 August 2, 2004. The revisions are to the State's Emergency Episode
Avoidance Plan (EEAP). 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 March 6, 2006, without further notice,
unless EPA receives adverse comment by February 2, 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-2005-MT-0002 by one of the following methods:
www.regulations.gov. Follow the on-line 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-
2005-MT-0002. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 www.regulations.gov
or e-mail. The 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
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 about EPA's public docket visit the
EPA Docket Center homepage at https://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
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
form. Publicly available docket materials are available either
electronically in 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 August 2, 2004 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, 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
www.regulations.gov or el-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 to 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 of section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
[[Page 20]]
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 August 2, 2004, the Governor submitted a SIP revision that
contains amendments to the Montana Emergency Episode Avoidance Plan
(EEAP). The EEAP fulfills the requirements of 40 CFR part 51, subpart H
which requires a plan to prevent ambient concentrations of air
pollutants from reaching levels that may endanger public health and
welfare.
III. EPA's Review of the State of Montana's August 25, 2004 Submittal
The August 2, 2004 revisions to Montana's EEAP are substantive and
administrative in nature. The substantive changes are in the priority
classification of Air Quality Control Regions (AQCRs). Priority
classifications are based on recent ambient concentrations. In the
August 2004 EEAP submittal, Montana used the three most recent years of
ambient data (2000, 2001 and 2002) to revise the priority
classification of all AQCRs to priority III for all pollutants (sulfur
dioxide (SO2), carbon monoxide (CO), particulate matter (PM-
10) nitrogen dioxide (NO2), and ozone (O3)).
Previously the Helena and Missoula AQCR were classified as priority II
for particulate matter (PM-10) and the remainder of the state was
classified as Priority III for SO2, CO, PM-10,
NO2 and O3.
It should be noted that Montana experienced exceedences of the PM-
10 NAAQS in 2000. These exceedences were caused by natural events
(wildfires) and Montana has not included these exceedence values for
purposes of determining priority classifications for the state. We
believe it is acceptable for Montana to not include the data from the
natural events for two reasons. First, Montana has an EPA-approved
Natural Events Action Plan (NEAP) to address ambient air quality
problems caused by wildfires. Second, Montana is retaining its
Emergency Episode Action Stages for SO2, PM-10 and CO
because areas in the state have previously been classified as Priority
I or II for these pollutants.
Montana has also made administrative changes to the EEAP. We
believe the administrative changes are not substantive. Some of the
administrative changes clarify aspects of the plan and others are
changes in writing style.
IV. Final Action
EPA is approving Montana's Emergency Episode Avoidance Plan
submitted on August 2, 2004.
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 March 6, 2006,
without further notice unless the Agency receives adverse comments by
February 2, 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.
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 revision that is the subject of this document
does not interfere with the maintenance of the NAAQS or any other
applicable requirement of the Act. The August 2, 2004 submittal is a
plan to prevent ambient concentrations of air pollutants from reaching
levels that may endanger public health and welfare. Therefore, section
110(l) requirements are satisfied.
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).
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
[[Page 21]]
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 6, 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: December 7, 2005.
Kerrigan G. Clough,
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 52.1371 is amended by revising the introductory text and
revising the entries ``Helena Intrastate AQCR 142'' and ``Missoula
Intrastate AQCR 144'' in the table to read as follows:
Sec. 52.1371 Classification of regions.
The Montana Emergency Episode Avoidance Plan was revised with an
August 2, 2004 submittal by the Governor. The August 2, 2004 Emergency
Episode Avoidance Plan classified the Air Quality Control Regions
(AQCR) as follows:
----------------------------------------------------------------------------------------------------------------
Pollutant
Air quality control regions -------------------------------------------------------------------------------
(AQCR) Particulate Nitrogen Carbon
matter Sulfur oxide dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Helena Intrastate AQCR 142...... III III III III III
* * * * * * *
Missoula Intrastate AQCR 144.... III III III III III
----------------------------------------------------------------------------------------------------------------
[FR Doc. 05-24366 Filed 12-30-05; 8:45 am]
BILLING CODE 6560-50-P