Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana-Air Quality, Incinerators, 43871-43873 [E8-17094]
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Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Rules and Regulations
(1) Location. All waters in the vicinity
of Point Au Roche State Park in
Plattsburgh, New York, enclosed by a
box starting at latitude 44°46′30″N,
longitude 73°23′26″W; thence to latitude
44°46′17″N, longitude 73°23′26″W;
thence to latitude 44°46′17″N, longitude
73°23′46″W; thence to latitude
44°46′29″N, longitude 73°23′46″W;
thence to the point of beginning.
(2) Effective Date. This rule will be
enforced from 9 a.m. to 10 a.m. on
August 9, 2008.
(d) The following area is a fixed safety
zone for the ‘‘Sprucewold Cabbage
Island Swim’’:
(1) Location. All waters in the vicinity
of Linekin Bay between Cabbage Island
and Sprucewold Beach in Boothbay
Harbor, Maine enclosed by a box
starting at latitude 43°50′37″N,
longitude 69°36′23″W; thence to latitude
43°50′37″N, longitude 69°36′59″W;
thence to latitude 43°50′16″N, longitude
69°36′46″W; thence to latitude
43°50′22″N, longitude 69°36′21″W;
thence to the point of beginning.
(2) Effective Date. This rule will be
enforced from 3 p.m. to 4 p.m. on
August 9, 2008.
(e) The following area is a fixed safety
zone for the ‘‘Rockland Breakwater
Swim’’:
(1) Location. All waters in the vicinity
of Rockland Breakwater in Rockland
Harbor, Maine enclosed by a box
starting at latitude 44°06′16″N,
longitude 69°04′39″W; thence to latitude
44°06′14″N, longitude 69°04′36″W;
thence to latitude 44°06′13″N, longitude
69°04′41″W; thence to latitude
44°06′16″N, longitude 69°04′42″W;
thence to latitude 44°06′16″N, longitude
69°04′40″W.
(2) Effective Date. This rule will be
enforced from 10 a.m. to 12 p.m. on
August 23, 2008.
(f) Definition: As used in this section,
designated representative means any
Coast Guard commissioned, warrant, or
petty officer, or any federal, state, or
local law enforcement officer authorized
to enforce this regulation on behalf of
the Coast Guard Captain of the
Port(COTP).
(g) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into or movement within this
zone by any person or vessel is
prohibited unless authorized by the
COTP Sector Northern New England or
the COTP’s designated representative.
(2) Vessel operators desiring to enter
or operate within the safety zones may
contact the COTP or the COTP’s
designated representative for permission
at telephone number 207–767–0303, on
VHF Channel 13 (156.7 MHz), or VHF
channel 16 (156.8 MHz). If permission
VerDate Aug<31>2005
14:28 Jul 28, 2008
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is granted, all persons and vessels must
comply with the instructions provided
by the COTP or the COTP’s designated
representative.
Dated: July 16, 2008.
J.B. McPherson,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Northern New England.
[FR Doc. E8–17292 Filed 7–28–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0806, FRL–8683–5]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana—Air
Quality, Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The EPA is approving
revisions to the State Implementation
Plan (SIP) submitted by the Governor of
Montana on December 8, 1997, May 28,
2003, and August 25, 2004. The
December 8, 1997 submittal revised the
Administrative Rules of Montana (ARM)
chapter 8, subchapter 3, section
17.8.316 (Incinerators) by adding
subsection (6). ARM 17.8.316(6)
excludes incinerators from having to
comply with the other provisions of
ARM 17.8.316, including the particulate
matter emissions standard of 0.10 grains
per cubic foot and the 10% opacity
standard, if these sources have been
issued a Montana air quality permit
under 75–2–215, Montana Code
Annotated (MCA), and ARM 17.8.770,
which pertain to permitting of solid or
hazardous waste incinerators. The
August 25, 2004 submittal made a minor
editorial revision to ARM 17.8.316(5).
The May 28, 2003 submittal made minor
editorial revisions to ARM 17.8.316(6).
In a December 12, 2007 Notice of
Proposed Rulemaking (72 FR 70540), we
proposed to approve these revisions to
the Montana State Implementation Plan
(SIP). This action is being taken under
section 110 of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is
effective August 28, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2006–0806. 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,
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43871
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, 1595 Wynkoop Street,
Denver, Colorado 80202–1129. EPA
requests that if at all possible, you
contact the individual listed in the FOR
FURTHER INFORMATION CONTACT section to
view the hard copy of the docket. You
may view the hard copy of the docket
Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Kathy Dolan, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, 303–
312–6142, dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of SIP Revision
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. Summary of SIP Revision
On December 8, 1997, the State of
Montana submitted a SIP revision for
EPA’s approval. The revision added
subsection (6) to section 17.8.316
(Incinerators) of the Administrative
Rules of Montana (ARM), chapter 8 (Air
Quality), subchapter 3 (Emission
Standards). Subsection (6) exempts
incinerators from the requirements of
ARM 17.8.316, including the particulate
matter emissions standard of 0.10 grains
per cubic foot and the 10% opacity
standard, if these sources have been
issued a Montana air quality permit
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Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Rules and Regulations
hsrobinson on PROD1PC76 with RULES
under 75–2–215, MCA, and ARM
17.8.706(5).1 2
The revision also included wording
changes to ARM 17.8.316. Most are
minor editorial or technical corrections
and do not change the substance of the
rule. One of the changes was to
substitute the words ‘‘solid and
hazardous waste’’ for the word ‘‘refuse’’
in the rule. The effect of this change was
to extend the rule requirements to
incinerators burning solid or hazardous
waste, not just refuse. The full text of
the changes can be found in our
Technical Support Document (TSD),
which is contained in the Docket for
this action.
We interpret ARM 17.8.316(6) to
allow terms of a permit to override a
requirement that has been approved as
part of the SIP (i.e., the provisions in
ARM 17.8.316(1)–(5)). Therefore, an
analysis was needed to show that this
new rule would not interfere with
compliance with the National Ambient
Air Quality Standards (NAAQS) or
Prevention of Significant Deterioration
(PSD) increments. Section 110(l) of the
CAA states that EPA cannot approve a
SIP revision that would interfere with
any applicable requirement concerning
attainment or reasonable further
progress, as defined in section 171 of
the CAA, or any other applicable
requirements of the CAA. Montana did
not provide any demonstration in its
December 8, 1997 submittal that ARM
17.8.316(6) meets these criteria.
Subsequent to the State’s submittal, we
requested information from the Montana
Department of Environmental Quality
(DEQ) in order to conduct our own
analysis on the impact of ARM
17.8.316(6) on the attainment and
maintenance of the NAAQS for
particulate matter with an aerodynamic
diameter less than or equal to 10 and 2.5
micrometers (PM–10 and PM–2.5) and
compliance with the PSD PM–10
increments. Based on this analysis, we
have determined that this specific
change to a SIP requirement will not
adversely impact the attainment and
maintenance of the PM–10 and PM–2.5
NAAQS, or compliance with the PM–10
increments, in Montana. Our analysis of
this revision’s impact is contained in
the TSD for this action. In addition, the
1 MCA section 75–2–215 is titled ‘‘Solid or
hazardous waste incineration—Additional permit
requirements’’.
2 ARM 17.8.706(5) was recodifed to ARM
17.8.770 effective on December 6, 2002. This
provision has not been submitted by the State to be
incorporated into the federally approved SIP. ARM
17.8.770 (formerly ARM 17.8.706(5)) requires
applicants for a preconstruction permit for an
incineration facility to submit a human health risk
assessment protocol and a human health risk
assessment.
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TSD discusses our verification that
ARM 17.8.316(6) will not impact
compliance with, or the ability to
enforce, the Federal New Source
Performance Standards (NSPS) or
Maximum Achievable Control
Technology (MACT) regulations. Based
on a letter from the Montana DEQ dated
October 2, 2007, and our own
consideration of the rule change, we
have determined that ARM 17.8.316(6)
will not interfere with, supersede, or
replace any NSPS or MACT
requirements for sources, or affect in
any way the State’s, EPA’s, or any other
person’s ability to enforce such NSPS or
MACT requirements. The TSD and the
DEQ letter are available for review as
part of the Docket for this action.
On August 25, 2004, the State of
Montana submitted for our approval a
revision to subsection (5) to ARM
17.8.316 (Incinerators). This revision
makes a minor change to the third
sentence of subsection (5), from:
‘‘Testing shall be conducted in
accordance with ARM 17.8.106 and the
Montana Source Testing Protocol and
Procedures Manual’’; to: ‘‘Testing shall
be conducted in accordance with ARM
17.8.106 and the Montana Source Test
Protocol and Procedures Manual.’’
On May 28, 2003, the State of
Montana submitted for our approval a
revision to ARM 17.8.316(6). This
revision makes minor changes to
subsection (6), from: ‘‘This rule does not
apply to incinerators for which an air
quality preconstruction permit has been
issued under 75–2–215, MCA, and ARM
17.8.706(5)’’; to: ‘‘This rule does not
apply to incinerators for which a
Montana air quality permit has been
issued under 75–2–215, MCA, and ARM
17.8.770.’’
II. Final Action
Our review of the revisions to ARM
17.8.316 indicates that they are
consistent with the CAA. Thus, we are
approving the revisions to ARM
17.8.316, submitted on December 8,
1997, May 28, 2003, and August 25,
2004, into the Montana SIP.
III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
PO 00000
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additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
E:\FR\FM\29JYR1.SGM
29JYR1
Federal Register / Vol. 73, No. 146 / Tuesday, July 29, 2008 / Rules and Regulations
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).
Dated: June 5, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
List of Subjects in 40 CFR Part 52
I
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 52 is amended to read as
follows:
I
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 52.1370 is amended by
adding paragraph (c)(67) to read as
follows:
I
§ 52.1370
Identification of plan.
*
*
*
*
(c) * * *
(67) On December 8, 1997, May 28,
2003, and August 25, 2004, the
hsrobinson on PROD1PC76 with RULES
*
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43873
Governor of Montana submitted
revisions to the Montana State
Implementation Plan. The December 8,
1997 submittal adds subsection (6) to
Administrative Rules of Montana (ARM)
section 17.8.316 (Incinerators); the
August 25, 2004 submittal makes a
minor revision to ARM 17.8.316(5); and,
the May 28, 2003 submittal makes
minor editorial revisions to ARM
17.8.316(6).
(i) Incorporation by reference.
Administrative Rules of Montana (ARM)
section 17.8.316, Incinerators, effective
April 9, 2004.
(ii) Additional Material.
(A) October 2, 2007 Letter from MT
DEQ to EPA regarding NSPS/MACT
compliance.
[FR Doc. E8–17094 Filed 7–28–08; 8:45 am]
BILLING CODE 6560–50–P
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29JYR1
]]>Agencies
[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Rules and Regulations]
[Pages 43871-43873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17094]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0806, FRL-8683-5]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving revisions to the State Implementation
Plan (SIP) submitted by the Governor of Montana on December 8, 1997,
May 28, 2003, and August 25, 2004. The December 8, 1997 submittal
revised the Administrative Rules of Montana (ARM) chapter 8, subchapter
3, section 17.8.316 (Incinerators) by adding subsection (6). ARM
17.8.316(6) excludes incinerators from having to comply with the other
provisions of ARM 17.8.316, including the particulate matter emissions
standard of 0.10 grains per cubic foot and the 10% opacity standard, if
these sources have been issued a Montana air quality permit under 75-2-
215, Montana Code Annotated (MCA), and ARM 17.8.770, which pertain to
permitting of solid or hazardous waste incinerators. The August 25,
2004 submittal made a minor editorial revision to ARM 17.8.316(5). The
May 28, 2003 submittal made minor editorial revisions to ARM
17.8.316(6). In a December 12, 2007 Notice of Proposed Rulemaking (72
FR 70540), we proposed to approve these revisions to the Montana State
Implementation Plan (SIP). This action is being taken under section 110
of the Clean Air Act (CAA).
DATES: Effective Date: This final rule is effective August 28, 2008.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2006-0806. 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, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA
requests that if at all possible, you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, 303-312-6142, dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of SIP Revision
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. Summary of SIP Revision
On December 8, 1997, the State of Montana submitted a SIP revision
for EPA's approval. The revision added subsection (6) to section
17.8.316 (Incinerators) of the Administrative Rules of Montana (ARM),
chapter 8 (Air Quality), subchapter 3 (Emission Standards). Subsection
(6) exempts incinerators from the requirements of ARM 17.8.316,
including the particulate matter emissions standard of 0.10 grains per
cubic foot and the 10% opacity standard, if these sources have been
issued a Montana air quality permit
[[Page 43872]]
under 75-2-215, MCA, and ARM 17.8.706(5).\1\ \2\
---------------------------------------------------------------------------
\1\ MCA section 75-2-215 is titled ``Solid or hazardous waste
incineration--Additional permit requirements''.
\2\ ARM 17.8.706(5) was recodifed to ARM 17.8.770 effective on
December 6, 2002. This provision has not been submitted by the State
to be incorporated into the federally approved SIP. ARM 17.8.770
(formerly ARM 17.8.706(5)) requires applicants for a preconstruction
permit for an incineration facility to submit a human health risk
assessment protocol and a human health risk assessment.
---------------------------------------------------------------------------
The revision also included wording changes to ARM 17.8.316. Most
are minor editorial or technical corrections and do not change the
substance of the rule. One of the changes was to substitute the words
``solid and hazardous waste'' for the word ``refuse'' in the rule. The
effect of this change was to extend the rule requirements to
incinerators burning solid or hazardous waste, not just refuse. The
full text of the changes can be found in our Technical Support Document
(TSD), which is contained in the Docket for this action.
We interpret ARM 17.8.316(6) to allow terms of a permit to override
a requirement that has been approved as part of the SIP (i.e., the
provisions in ARM 17.8.316(1)-(5)). Therefore, an analysis was needed
to show that this new rule would not interfere with compliance with the
National Ambient Air Quality Standards (NAAQS) or Prevention of
Significant Deterioration (PSD) increments. Section 110(l) of the CAA
states that EPA cannot approve a SIP revision that would interfere with
any applicable requirement concerning attainment or reasonable further
progress, as defined in section 171 of the CAA, or any other applicable
requirements of the CAA. Montana did not provide any demonstration in
its December 8, 1997 submittal that ARM 17.8.316(6) meets these
criteria. Subsequent to the State's submittal, we requested information
from the Montana Department of Environmental Quality (DEQ) in order to
conduct our own analysis on the impact of ARM 17.8.316(6) on the
attainment and maintenance of the NAAQS for particulate matter with an
aerodynamic diameter less than or equal to 10 and 2.5 micrometers (PM-
10 and PM-2.5) and compliance with the PSD PM-10 increments. Based on
this analysis, we have determined that this specific change to a SIP
requirement will not adversely impact the attainment and maintenance of
the PM-10 and PM-2.5 NAAQS, or compliance with the PM-10 increments, in
Montana. Our analysis of this revision's impact is contained in the TSD
for this action. In addition, the TSD discusses our verification that
ARM 17.8.316(6) will not impact compliance with, or the ability to
enforce, the Federal New Source Performance Standards (NSPS) or Maximum
Achievable Control Technology (MACT) regulations. Based on a letter
from the Montana DEQ dated October 2, 2007, and our own consideration
of the rule change, we have determined that ARM 17.8.316(6) will not
interfere with, supersede, or replace any NSPS or MACT requirements for
sources, or affect in any way the State's, EPA's, or any other person's
ability to enforce such NSPS or MACT requirements. The TSD and the DEQ
letter are available for review as part of the Docket for this action.
On August 25, 2004, the State of Montana submitted for our approval
a revision to subsection (5) to ARM 17.8.316 (Incinerators). This
revision makes a minor change to the third sentence of subsection (5),
from: ``Testing shall be conducted in accordance with ARM 17.8.106 and
the Montana Source Testing Protocol and Procedures Manual''; to:
``Testing shall be conducted in accordance with ARM 17.8.106 and the
Montana Source Test Protocol and Procedures Manual.''
On May 28, 2003, the State of Montana submitted for our approval a
revision to ARM 17.8.316(6). This revision makes minor changes to
subsection (6), from: ``This rule does not apply to incinerators for
which an air quality preconstruction permit has been issued under 75-2-
215, MCA, and ARM 17.8.706(5)''; to: ``This rule does not apply to
incinerators for which a Montana air quality permit has been issued
under 75-2-215, MCA, and ARM 17.8.770.''
II. Final Action
Our review of the revisions to ARM 17.8.316 indicates that they are
consistent with the CAA. Thus, we are approving the revisions to ARM
17.8.316, submitted on December 8, 1997, May 28, 2003, and August 25,
2004, into the Montana SIP.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and
[[Page 43873]]
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).
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: June 5, 2008.
Carol Rushin,
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)(67) to read as
follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(67) On December 8, 1997, May 28, 2003, and August 25, 2004, the
Governor of Montana submitted revisions to the Montana State
Implementation Plan. The December 8, 1997 submittal adds subsection (6)
to Administrative Rules of Montana (ARM) section 17.8.316
(Incinerators); the August 25, 2004 submittal makes a minor revision to
ARM 17.8.316(5); and, the May 28, 2003 submittal makes minor editorial
revisions to ARM 17.8.316(6).
(i) Incorporation by reference. Administrative Rules of Montana
(ARM) section 17.8.316, Incinerators, effective April 9, 2004.
(ii) Additional Material.
(A) October 2, 2007 Letter from MT DEQ to EPA regarding NSPS/MACT
compliance.
[FR Doc. E8-17094 Filed 7-28-08; 8:45 am]
BILLING CODE 6560-50-P
