Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; New Source Performance Standards for Montana; Final Rule, 3776-3779 [06-634]
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3776
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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
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
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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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.320 is amended by
adding paragraph (c)(108) to read as
follows:
I
§ 52.320
Identification of plan.
*
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*
*
(c) * * *
(108) Revisions to the Long-Term
Strategy of Colorado’s State
Implementation Plan for Class I
Visibility Protection (Visibility SIP), as
submitted by the Governor on March 24,
2005. The revisions update strategies,
activities, and monitoring plans that
constitute reasonable progress toward
the National visibility goal.
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(i) Incorporation by reference.
(A) ‘‘Revision of the Long-Term
Strategy’’, Part II of the November 18,
2004 document entitled ‘‘Long-Term
Strategy Review and Revision of
Colorado’s State Implementation Plan
for Class I Visibility Protection,’’
effective November 18, 2004.
(B) Colorado Air Quality Control
Commission Regulation No. 3,
‘‘Stationary Source Permitting and Air
Pollutant Emission Notice
Requirements’’, 5 CCR 1001–5, Part D,
Section XIV, Visibility, Subsections A
through F, effective April 16, 2004.
[FR Doc. 06–630 Filed 1–23–06; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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
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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
https://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. 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.
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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
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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
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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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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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
§ 52.1370
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Identification of plan.
*
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.
*
*
*
*
(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]
1. The authority citation for part 60
continues to read as follows:
I
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
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:
I
40 CFR parts 52 and 60 are amended
to read as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
§ 60.4
Subpart BB—Montana
*
2. Section 52.1370 is amended by
adding paragraph (c)(61) to read as
follows:
I
Address.
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*
(c) * * *
*
*
DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS
[(NSPS) for Region VIII]
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Subpart
CO
MT
ND
SD
UT
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*
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*
Eb—Large Municipal Waste Combustors ........................................................................
Ec—Hospital/Medical/Infectious Waste Incinerators ........................................................
*
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X
X
X
*
............
X
X
X
X
X
*
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Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
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[FR Doc. 06–634 Filed 1–23–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 239, 257, and 258
[FRL–8024–2]
Maine: Determination of Adequacy for
the State Municipal Solid Waste
Landfill Permit Program
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
rmajette on PROD1PC67 with RULES
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is taking direct final
action to approve the State of Maine’s
permit program for municipal solid
waste landfills (MSWLFs) and to
approve the State’s approach of not
allowing conditionally exempt small
quantity generator (CESQG) hazardous
waste to be sent to non-municipal, nonhazardous waste disposal units. Under
the Resource Conservation Recovery Act
(RCRA), as amended by the Hazardous
and Solid Waste Amendments (HSWA),
States may develop and implement
permit programs for MSWLFs and for
non-municipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste, and submit them for
review and an adequacy determination
by EPA. Today’s approval documents
EPA’s determination that Maine’s
MSWLF permit program, and the
manner in which the State addresses
CESQG hazardous waste with respect to
non-municipal, non-hazardous waste
disposal units, are adequate to ensure
compliance with federal requirements.
DATES: This rule is effective on March
27, 2006 without further notice, unless
EPA receives adverse comment by
February 23, 2006. If we receive such
comment, we will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: Submit your comments
(including requests for a public hearing)
by one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: Chuck Franks at:
franks.chuck@epa.gov.
3. Mail: Chuck Franks, EPA New
England—Region 1, One Congress
Street, Suite 1100, (Mail Code: CHW),
Boston, MA 02114–2023.
4. Hand Delivery or Courier: Deliver
your comments to Chuck Franks, EPA
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14:40 Jan 23, 2006
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New England—Region 1, One Congress
Street, Suite 1100, (CHW), Boston, MA
02114–2023.
Instructions: We must receive your
comments by February 23, 2006. Do not
submit information that you consider to
be CBI or otherwise protected through
regulations.gov, or e-mail. The Federal
regulations.gov website 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
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.
You can view and copy Maine’s
application and associated publicly
available materials at the following
locations: (1) Maine Department of
Environmental Protection (ME DEP),
State House Station 17, Hospital Street,
Augusta, Maine 04333, business hours:
Monday through Thursday, 8:30 a.m. to
4:30 p.m. and Friday, 8:30 a.m. to 12:30
p.m.; interested persons wanting to
examine documents at the state office
should make an appointment with the
ME DEP, Bureau of Remediation and
Waste Management at least one day in
advance by calling (207) 287–2651; and
(2) EPA New England—Region 1
Library, One Congress Street—11th
Floor, Boston, MA 02114–2023,
business hours: 10 a.m. to 3 p.m.,
Monday through Thursday, telephone
number: (617) 918–1990.
FOR FURTHER INFORMATION CONTACT:
Chuck Franks, EPA New England—
Region 1, One Congress Street, Suite
1100 (CHW), Boston, MA 02114–2023;
telephone number: (617) 918–1554, email: franks.chuck@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 9, 1991, the
Environmental Protection Agency (EPA)
promulgated the ‘‘Solid Waste Disposal
Facility Criteria: Final Rule’’ (56 FR
50978). This rule promulgates part 258
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3779
of Title 40 of the Code of Federal
Regulations (CFR) (40 CFR part 258)
which establishes the minimum criteria
for Municipal Solid Waste Landfills
(MSWLF’s). The criteria set out in 40
CFR part 258 include location
restrictions and standards for design,
operation, groundwater monitoring,
corrective action, financial assurance
and closure and post-closure care for
MSWLFs. On July 1, 1996, EPA
amended part 257 of Title 40 of the CFR
(40 CFR part 257) by adding Subpart B,
‘‘Federal Disposal Standards for the
Receipt of CESQG Wastes at NonMunicipal, Non-Hazardous Waste
Disposal Units’’ (61 FR 34252). The 40
CFR part 257 criteria include location
restrictions and groundwater monitoring
and corrective action standards for nonmunicipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste. Today’s rule refers to
the 40 CFR part 257, subpart B criteria
and the 40 CFR part 258 criteria together
as the ‘‘Subtitle D federal revised
criteria.’’ The Subtitle D federal revised
criteria establish minimum federal
standards that take into account the
practical capability of owners and
operators of MSWLFs and nonmunicipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste while ensuring that
these two types of facilities are designed
and managed in a manner that is
protective of human health and the
environment.
Section 4005(c)(1)(B) of Subtitle D of
the Resource Conservation and
Recovery Act (RCRA), as amended by
the Hazardous and Solid Waste
Amendments (HSWA) of 1984, requires
States to develop and implement permit
programs to ensure that MSWLFs and
non-municipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste will comply with the
Subtitle D federal revised criteria. RCRA
Section 4005(c)(1)(C) requires EPA to
determine whether the permit programs
that states develop and implement for
these two types of facilities are
adequate.
To fulfill this determination
requirement, EPA promulgated the State
Implementation Rule (SIR). The SIR,
which established part 239 of Title 40
of the CFR (40 CFR part 239), has the
following four purposes: (1) It spells out
the requirements that State programs
must satisfy to be determined adequate;
(2) it confirms the process for EPA
approval or partial approval of State
permit programs for MSWLFs and nonmunicipal, non-hazardous waste
disposal units that receive CESQG
hazardous waste; (3) it provides the
procedures for withdrawal of such
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3776-3779]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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]]
https://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. 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.
[[Page 3778]]
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]
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD UT WY
----------------------------------------------------------------------------------------------------------------
* * * * * * *
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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[[Page 3779]]
* * * * *
[FR Doc. 06-634 Filed 1-23-06; 8:45 am]
BILLING CODE 6560-50-P
