Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana, 49999-50001 [E6-14052]
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
and a person is not required to respond
to, a collection of information unless it
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number.
National Environmental Policy Act
An environmental assessment was
prepared in 1997 on the expansion of
Federal jurisdiction over fisheries and is
available by contacting the office listed
under FOR FURTHER INFORMATION
CONTACT. The Secretary of the Interior
with the concurrence of the Secretary of
Agriculture determined that the
expansion of Federal jurisdiction did
not constitute a major Federal action
significantly affecting the human
environment, and therefore, signed a
Finding of No Significant Impact. We
have determined that an Environmental
Assessment and/or an Environmental
Impact Statement as defined by the
National Environmental Policy Act of
1969 need not be prepared for this rule.
This rule does not constitute a major
Federal action significantly affecting the
quality of the human environment.
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Compliance With Section 810 of
ANILCA
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36 CFR Part 242
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
described in Executive Order No. 8216,
July 25, 1939, to the point beginning.
*
*
*
*
*
Dated: August 9, 2006.
Dirk Kempthorne,
Secretary of the Interior, Department of the
Interior.
List of Subjects
50 CFR Part 100
Administrative practice and
procedure, Alaska, Fish, National
forests, Public lands, Reporting and
recordkeeping requirements, Wildlife.
For the reasons set out in the
preamble, the Secretaries amend title
36, part 242, and title 50, part 100, of
the Code of Federal Regulations, as set
forth below.
Dated: August 15, 2006.
Dennis E. Bschor,
Regional Forester, USDA-Forest Service.
[FR Doc. 06–7119 Filed 8–23–06; 8:45 am]
BILLING CODE 3410–11–P; 4310–55–P
I
PART l—SUBSISTENCE
MANAGEMENT REGULATIONS FOR
PUBLIC LANDS IN ALASKA
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[Docket No. EPA–R08–OAR–2004–MT–0001,
FRL–8202–1]
1. The authority citation for both 36
CFR part 242 and 50 CFR part 100
continues to read as follows:
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana
Authority: 16 U.S.C. 3, 472, 551, 668dd,
3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C.
1733.
AGENCY:
I
Subpart A—General Provisions
The intent of all Federal subsistence
regulations is to accord subsistence uses
of fish and wildlife on public lands a
priority over the taking of fish and
wildlife on such lands for other
purposes, unless restriction is necessary
to conserve healthy fish and wildlife
populations. A Section 810 analysis was
completed as part of the FEIS process.
The final Section 810 analysis
determination appeared in the April 6,
1992, ROD, which concluded that the
Federal Subsistence Management
Program may have some local impacts
on subsistence uses, but that the
program is not likely to significantly
restrict subsistence uses.
William Knauer drafted these
regulations under the guidance of Peter
J. Probasco of the Office of Subsistence
Management, Alaska Regional Office,
U.S. Fish and Wildlife Service,
Anchorage, Alaska. Dennis Tol and
Chuck Ardizzone, Alaska State Office,
Bureau of Land Management; Greg Bos,
Carl Jack, and Jerry Berg, Alaska
Regional Office, U.S. Fish and Wildlife
Service; Sandy Rabinowitch and Nancy
Swanton, Alaska Regional Office,
National Park Service; Dr. Warren
Eastland, Pat Petrivelli, and Dr. Glenn
Chen, Alaska Regional Office, Bureau of
Indian Affairs; and Steve Kessler,
Alaska Regional Office, USDA-Forest
Service provided additional guidance.
49999
2. In Subpart A of 36 CFR part 242
and 50 CFR part 100, § l.3 is revised
by adding paragraph (b)(5) to read as
follows:
I
§ l.3
Applicability and scope.
*
*
*
*
*
(b) * * *
(5) Southeastern Alaska—Makhnati
Island Area: Land and waters beginning
at the southern point of Fruit Island,
5°02′35″north latitude, 135°21′07″ west
longitude as shown on United States
Coast and Geodetic Survey Chart No.
8244, May 21, 1941; from the point of
beginning, by metes and bounds; S. 58°
W., 2500 feet, to the southern point of
Nepovorotni Rocks; S. 83° W., 5600 feet,
on a line passing through the southern
point of a small island lying about 150
feet south of Makhnati Island; N. 6° W.,
4200 feet, on a line passing through the
western point of a small island lying
about 150 feet west of Makhnati Island,
to the northwestern point of Signal
Island; N. 24° E., 3000 feet, to a point,
5°03′15″ north latitude, 135°23′07″ west
longitude; East, 2900 feet, to a point in
course No. 45 in meanders of U.S.
Survey No. 1496, on west side of
Japonski Island; Southeasterly, with the
meanders of Japonski Island, U.S.
Survey No. 1496 to angle point No. 35,
on the southwestern point of Japonski
Island; S. 60° E., 3300 feet, along the
boundary line of Naval reservation
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is approving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
April 18, 2003. The revisions modify the
open burning rules and references to
federal regulations 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 September 25, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket No.
EPA–R08–OAR–2004–MT–0001. All
documents in the docket are listed on
the https://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
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
E:\FR\FM\24AUR1.SGM
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50000
Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
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:
FURTHER INFORMATION CONTACT
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.
rmajette on PROD1PC67 with RULES1
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
April 18, 2003 revisions modify the
open burning rules and references to
federal regulations and other materials
in the Administrative Rules of Montana.
EPA finalized action on portions of the
August 20, 2003 submittal on January
24, 2006 (71 FR 3776).
A. April 18, 2003 Submittal
On April 18, 2003, the Governor
submitted a SIP revision that contains
amendments to open burning rules at
the Administrative Rules of Montana
(ARM) 17.8.601, 17.8.604, 17.8.605,
17.8.606, 17.8.610, 17.8.612 and
17.8.614 and an amendment to the
incorporation by reference at
17.8.302(f). The amendments allow
certain minor open burning to occur in
the winter that had previously been
prohibited; change the timeframe a
permit to burn untreated wood waste at
a landfill is valid from 30 days to one
year and add the requirement that the
department or its designated
representative inspect burn piles at
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15:14 Aug 23, 2006
Jkt 208001
licensed landfills prior to every burn to
ensure that no prohibited materials are
in the piles; allow the open burning of
the detonation of unexploded ordnance;
clarify the materials prohibited from
open burning; revise the conditional
open burning permit requirements and
make minor editorial and grammatical
changes. The submittal also contains
amendments to ARM 17.8.302(f)—
Incorporation by Reference. The
Montana Board of Environmental
Review (Board) adopted the
amendments on December 6, 2002.
We proposed to approve all of the
April 18, 2003 submittal except for a
phrase in ARM 17.8.604(1)(a). See our
July 20, 2004 proposal notice, 69 FR
43371 at 43373. We are finalizing our
approval at this time, except that we are
not taking final action on ARM
17.8.604(1)(a).
With the April 18, 2003 submittal,
among other things, the state is revising
ARM 17.8.604(1) to clarify the material
that may not be disposed of by open
burning. In our proposed rulemaking we
indicated that we did not believe the
changes impact the stringency of the
rule. However, with the changes, we
indicted that the state is adding a
department discretion provision.
Specifically, ARM 17.8.604(1)(a)
indicates that waste moved from the
premises where it was generated may
not be disposed of by open burning
except as provided by other provisions
in the rule or ‘‘or unless approval is
granted by the department on a case-bycase basis.’’ The phrase ‘‘or unless
approval is granted by the department
on a case-by-case basis’’ is considered a
department discretion. A department
discretion provision allows the
Department to revise the SIP without
completing a formal SIP revision. In our
proposal we indicated that we could not
approve department discretion
provisions because they are inconsistent
with section 110(i) of the Act. Therefore,
we proposed to approve the changes to
ARM 17.8.604(1) except that we
proposed to disapprove the phrase ‘‘or
unless approval is granted by the
department on a case-by-case basis’’ in
ARM 17.8.604(1)(a). EPA’s final notice
on ARM 17.8.604(1)(a) will be
addressed in a separate action.
II. Final Action
EPA is approving the following
changes to the Administrative Rules of
Montana (ARM) that were submitted on
April 18, 2003 and effective on
December 27, 2002: ARM 17.8.302(1)(f);
17.8.601(1), (7) and (10); 17.8.604(1)
(except paragraph (1)(a)); 17.8.605(1);
17.8.606(3) and (4); 17.8.610(4);
17.8.612(4) and (5); and 17.8.614(1).
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EPA is not acting on the revisions to
ARM 17.8.604(1)(a) that were submitted
on April 18, 2003 and effective on
December 27, 2002. These revisions will
be addressed in a separate action.
Section 110(l) of the Clean Air Act
states that a SIP revision cannot be
approved if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress towards attainment of
the NAAQS or any other applicable
requirements of the Act. The Montana
SIP revisions that are the subject of this
document do not interfere with the
maintenance of the NAAQS or any other
applicable requirement of the Act. See
our proposed approval of the changes to
the State’s open burning rules.
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
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Federal Register / Vol. 71, No. 164 / Thursday, August 24, 2006 / Rules and Regulations
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 23, 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
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15:14 Aug 23, 2006
Jkt 208001
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 11, 2006.
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 BB—Montana
2. Section 52.1370 is amended by
adding paragraph (c)(63) to read as
follows:
I
§ 52.1370
Identification of plan.
*
*
*
*
*
(c) * * *
(63) Revisions to State
Implementation Plan were submitted by
the State of Montana on April 18, 2003.
The revisions modify the open burning
rules and references to federal
regulations in the Administrative Rules
of Montana.
(i) Incorporation by reference.
(A) Administrative Rules of Montana
(ARM) sections: ARM 17.8.302(1)(f);
17.8.601(1), (7) and (10); 17.8.604(1)
(except paragraph 604(1)(a));
17.8.605(1); 17.8.606(3) and (4);
17.8.610(4); 17.8.612(4) and (5); and
17.8.614(1), effective December 27,
2002.
[FR Doc. E6–14052 Filed 8–23–06; 8:45 am]
BILLING CODE 6560–50–P
50001
SUMMARY: The Audio Division grants a
Petition for Rule Making filed by
American Family Association,
requesting the reservation of vacant
Channel 278C2 at Huntsville, Missouri
for noncommercial educational use. A
staff engineering analysis determines
that Channel *278C2 can be allotted at
Huntsville in compliance with the
Commission’s minimum distance
spacing requirements at reference
coordinates 39–29–45 NL and 92–25–05
WL.
EFFECTIVE DATE: September 18, 2006.
ADDRESSES: Secretary, Federal
Communications Commission, 445
Twelfth Street, SW., Washington, DC
20554.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 04–115,
adopted August 2, 2006, and released
August 4, 2006. The full text of this
Commission decision is available for
inspection and copying during regular
business hours at the FCC’s Reference
Information Center, Portals II, 445
Twelfth Street, SW., Room CY–A257,
Washington, DC 20554. The complete
text of this decision may also be
purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or https://
www.BCPIWEB.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
I As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
I
Authority: 47 U.S.C. 154, 303, 334, 336.
FEDERAL COMMUNICATIONS
COMMISSION
§ 73.202
47 CFR Part 73
I
[DA 06–1572; MB Docket No. 04–115; RM–
10926]
Radio Broadcasting Services;
Huntsville, MO
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
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[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Missouri, is amended
by removing Channel 278C2 and by
adding Channel *278C2 at Huntsville.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E6–13747 Filed 8–23–06; 8:45 am]
BILLING CODE 6712–01–P
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Agencies
[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Rules and Regulations]
[Pages 49999-50001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14052]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Docket No. EPA-R08-OAR-2004-MT-0001, FRL-8202-1]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Montana on April 18, 2003. The revisions
modify the open burning rules and references to federal regulations 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 September 25, 2006.
ADDRESSES: EPA has established a docket for this action under Docket
No. EPA-R08-OAR-2004-MT-0001. All documents in the docket are listed on
the https://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 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
[[Page 50000]]
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 April 18, 2003 revisions modify the open burning rules and
references to federal regulations and other materials in the
Administrative Rules of Montana. EPA finalized action on portions of
the August 20, 2003 submittal on January 24, 2006 (71 FR 3776).
A. April 18, 2003 Submittal
On April 18, 2003, the Governor submitted a SIP revision that
contains amendments to open burning rules at the Administrative Rules
of Montana (ARM) 17.8.601, 17.8.604, 17.8.605, 17.8.606, 17.8.610,
17.8.612 and 17.8.614 and an amendment to the incorporation by
reference at 17.8.302(f). The amendments allow certain minor open
burning to occur in the winter that had previously been prohibited;
change the timeframe a permit to burn untreated wood waste at a
landfill is valid from 30 days to one year and add the requirement that
the department or its designated representative inspect burn piles at
licensed landfills prior to every burn to ensure that no prohibited
materials are in the piles; allow the open burning of the detonation of
unexploded ordnance; clarify the materials prohibited from open
burning; revise the conditional open burning permit requirements and
make minor editorial and grammatical changes. The submittal also
contains amendments to ARM 17.8.302(f)--Incorporation by Reference. The
Montana Board of Environmental Review (Board) adopted the amendments on
December 6, 2002.
We proposed to approve all of the April 18, 2003 submittal except
for a phrase in ARM 17.8.604(1)(a). See our July 20, 2004 proposal
notice, 69 FR 43371 at 43373. We are finalizing our approval at this
time, except that we are not taking final action on ARM 17.8.604(1)(a).
With the April 18, 2003 submittal, among other things, the state is
revising ARM 17.8.604(1) to clarify the material that may not be
disposed of by open burning. In our proposed rulemaking we indicated
that we did not believe the changes impact the stringency of the rule.
However, with the changes, we indicted that the state is adding a
department discretion provision. Specifically, ARM 17.8.604(1)(a)
indicates that waste moved from the premises where it was generated may
not be disposed of by open burning except as provided by other
provisions in the rule or ``or unless approval is granted by the
department on a case-by-case basis.'' The phrase ``or unless approval
is granted by the department on a case-by-case basis'' is considered a
department discretion. A department discretion provision allows the
Department to revise the SIP without completing a formal SIP revision.
In our proposal we indicated that we could not approve department
discretion provisions because they are inconsistent with section 110(i)
of the Act. Therefore, we proposed to approve the changes to ARM
17.8.604(1) except that we proposed to disapprove the phrase ``or
unless approval is granted by the department on a case-by-case basis''
in ARM 17.8.604(1)(a). EPA's final notice on ARM 17.8.604(1)(a) will be
addressed in a separate action.
II. Final Action
EPA is approving the following changes to the Administrative Rules
of Montana (ARM) that were submitted on April 18, 2003 and effective on
December 27, 2002: ARM 17.8.302(1)(f); 17.8.601(1), (7) and (10);
17.8.604(1) (except paragraph (1)(a)); 17.8.605(1); 17.8.606(3) and
(4); 17.8.610(4); 17.8.612(4) and (5); and 17.8.614(1).
EPA is not acting on the revisions to ARM 17.8.604(1)(a) that were
submitted on April 18, 2003 and effective on December 27, 2002. These
revisions will be addressed in a separate action.
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the NAAQS or any other applicable requirements of
the Act. The Montana SIP revisions that are the subject of this
document do not interfere with the maintenance of the NAAQS or any
other applicable requirement of the Act. See our proposed approval of
the changes to the State's open burning rules. 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
[[Page 50001]]
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 23, 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: July 11, 2006.
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 52.1370 is amended by adding paragraph (c)(63) to read as
follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(63) Revisions to State Implementation Plan were submitted by the
State of Montana on April 18, 2003. The revisions modify the open
burning rules and references to federal regulations in the
Administrative Rules of Montana.
(i) Incorporation by reference.
(A) Administrative Rules of Montana (ARM) sections: ARM
17.8.302(1)(f); 17.8.601(1), (7) and (10); 17.8.604(1) (except
paragraph 604(1)(a)); 17.8.605(1); 17.8.606(3) and (4); 17.8.610(4);
17.8.612(4) and (5); and 17.8.614(1), effective December 27, 2002.
[FR Doc. E6-14052 Filed 8-23-06; 8:45 am]
BILLING CODE 6560-50-P