Approval and Disapproval and Promulgation of State Implementation Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards; Montana, 28934-28942 [2011-12357]
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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Proposed Rules
and in installments that are consistent
with the progress of the project, as the
Director of the Veterans Cemetery
Grants Service may determine and
certify for payment to the appropriate
Federal institution. Funds paid under
this section for an approved Operation
and Maintenance Project shall be used
solely for carrying out such project as
approved. As a condition for the final
payment, the State or Tribal
representative must submit to VA each
of the following:
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(d) Evidence that the State or Tribal
Organization has met its responsibility
for an audit under the Single Audit Act
of 1984 (31 U.S.C. 7501 et seq.) and
§ 39.122.
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§§ 39.102 through 39.119
[Reserved]
32. Add reserved §§ 39.102 through
39.119 to subpart C.
33. Revise § 39.120 to read as follows:
§ 39.120 Documentation of grant
accomplishments.
Within 60 days of completion of an
Operation and Maintenance Project, the
State or Tribal Organization must
submit to VCGS a written report
regarding the work performed to meet
VA’s national shrine standards. This
report must be based on the original
justification for the grant as noted in
§ 39.81(b)(10) and must include
statistical data and detailed pictures of
the work accomplished.
(Authority: 38 U.S.C. 501, 2408)
34. Amend § 39.121 by:
a. Revising the section heading.
b. Revising paragraph (a).
c. Revising paragraph (b) introductory
text.
d. Revising paragraphs (c) and (d).
The revisions read as follows:
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§ 39.121 State or Tribal Organization
responsibilities following project
completion.
(a) A State or Tribal Organization that
has received an Establishment,
Expansion, and Improvement Project
grant or an Operation and Maintenance
Project grant shall monitor use of the
cemetery by various subgroups and
minority groups, including women
veterans. If VA determines that underutilization by any of these groups exists,
the State or Tribal Organization shall
establish a program to inform members
of these groups about benefits available
to them. If a significant number or
portion of the population eligible to be
served or likely to be directly affected
by the grant program needs benefits
information in a language other than
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English, the State or Tribal Organization
shall make such information available
in the necessary language.
(b) A State or Tribal veterans cemetery
that has received an Establishment,
Expansion, and Improvement Project
grant or an Operation and Maintenance
Project grant shall be operated and
maintained as follows:
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*
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(c) VA, in coordination with the State
or Tribal Organization, shall inspect the
project for compliance with the
standards set forth in subpart B of this
part for Establishment, Expansion, and
Improvement Projects and with the
standards set forth in subpart C of this
part for Operation and Maintenance
Projects at the project’s completion and
at least once in every 3-year period
following completion of the project
throughout the period the facility is
operated as a State or Tribal veterans
cemetery. The State or Tribal
Organization shall forward to the
Director, Veterans Cemetery Grants
Service, a copy of the inspection report,
giving the date and location the
inspection was made and citing any
deficiencies and corrective action to be
taken or proposed.
(d) Failure of a State or Tribal
Organization to comply with any of
paragraphs (a) through (c) of this section
shall be considered cause for VA to
suspend any payments due the State or
Tribal Organization on any project until
the compliance failure is corrected.
*
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35. Revise § 39.122 to read as follows:
§ 39.122
Inspections, audits, and reports.
(a) A State or Tribal Organization will
allow VA inspectors and auditors to
conduct inspections as necessary to
ensure compliance with the provisions
of this part. The State or Tribal
Organization will provide to VA
evidence that it has met its
responsibility under the Single Audit
Act of 1984 (see part 41 of this chapter).
(b) A State or Tribal Organization will
make an annual report on VA Form 40–
0241 (State Cemetery Data) signed by
the authorized representative of the
State or Tribal Organization. These
forms document current burial activity
at the cemetery, use of gravesites,
remaining gravesites, and additional
operational information intended to
answer questions about the status of the
grant program.
(c) A State or Tribal Organization will
complete and submit to VA a VA Form
40–0895–13 (Certification Regarding
Documents and Information Required
for State or Tribal Government Cemetery
Construction Grants-Post Grant
PO 00000
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Requirements) to ensure that the grantee
is aware of and complies with all grant
responsibilities and to properly and
timely close out the grant.
(The Office of Management and Budget
has approved the information collection
requirements in this section under
control number 2900–0559)
[FR Doc. 2011–12285 Filed 5–18–11; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2010–0298; FRL–9308–5]
Approval and Disapproval and
Promulgation of State Implementation
Plan Revisions; Infrastructure
Requirements for the 1997 8-Hour
Ozone National Ambient Air Quality
Standards; Montana
Environmental Protection
Agency (EPA).
ACTION: Proposed Rule.
AGENCY:
EPA is proposing to partially
approve and partially disapprove the
State Implementation Plan (SIP)
submission from the State of Montana to
demonstrate that the SIP meets the
requirements of sections 110(a)(1) and
(2) of the Clean Air Act (CAA) for the
National Ambient Air Quality Standards
(NAAQS) promulgated for ozone on July
18, 1997. Section 110(a)(1) of the CAA
requires that each state, after a new or
revised NAAQS is promulgated, review
their SIPs to ensure that they meet the
requirements of the ‘‘infrastructure
elements’’ of section 110(a)(2). The State
of Montana submitted two certifications
of their infrastructure SIP for the 1997
ozone NAAQS, dated November 28,
2007, which was determined to be
complete on March 27, 2008 (73 FR
16205), and December 22, 2009.
EPA does not propose to act on the
State’s November 28, 2007 and
December 22, 2009, submissions to meet
the requirements of section
110(a)(2)(D)(i) of the CAA, relating to
interstate transport of air pollution, for
the 1997 ozone NAAQS. EPA approved
the State’s interstate transport SIP
submission on February 26, 2008 (73 FR
10150).
DATES: Written comments must be
received on or before June 20, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2010–0298, by one of the
following methods:
SUMMARY:
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Federal Register / Vol. 76, No. 97 / Thursday, May 19, 2011 / Proposed Rules
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: dolan.kathy@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in the FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Director, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129.
• Hand Delivery: Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P–
AR, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Such deliveries
are only accepted Monday through
Friday, 8 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2010–
0298. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to section I,
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General Information, of the
SUPPLEMENTARY INFORMATION
section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests 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, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129. 303–312–6142,
dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
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.
Table of Contents
I. General Information
II. Background
III. What infrastructure elements are required
under sections 110(a)(1) and (2)?
IV. How did the State of Montana address the
infrastructure elements of sections
110(a)(1) and (2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. General Information
What should I consider as I prepare my
comments for EPA?
1. Submitting Confidential Business
Information (CBI). Do not submit CBI to
EPA through https://www.regulations.gov
or e-mail. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information on a disk or
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CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI
and then identify electronically within
the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register, date, and page number);
Follow directions and organize your
comments;
Explain why you agree or disagree;
Suggest alternatives and substitute
language for your requested changes;
Describe any assumptions and
provide any technical information and/
or data that you used;
If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
Provide specific examples to illustrate
your concerns, and suggest alternatives;
Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and,
Make sure to submit your comments
by the comment period deadline
identified.
II. Background
On July 18, 1997, EPA promulgated
new NAAQS for ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period, and the level of
the NAAQS was changed from 0.12
parts per million (ppm) to 0.08 ppm (62
FR 38856). By statute, SIPs meeting the
requirements of sections 110(a)(1) and
(2) are to be submitted by states within
three years after promulgation of a new
or revised standard. Section 110(a)(2)
provides basic requirements for SIPs,
including emissions inventories,
monitoring, and modeling, to assure
attainment and maintenance of the
standards. These requirements are set
out in several ‘‘infrastructure elements,’’
listed in section 110(a)(2).
Section 110(a) imposes the obligation
upon states to make a SIP submission to
EPA for a new or revised NAAQS, and
the contents of that submission may
vary depending upon the facts and
circumstances. In particular, the data
and analytical tools available at the time
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the state develops and submits the SIP
for a new or revised NAAQS affects the
content of the submission. The contents
of such SIP submissions may also vary
depending upon what provisions the
state’s existing SIP already contains. In
the case of the 1997 ozone NAAQS,
states typically have met the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous NAAQS. In a guidance issued
on October 2, 2007, EPA noted that, to
the extent an existing SIP already meets
the section 110(a)(2) requirements,
states need only to certify that fact via
a letter to EPA.1
On March 27, 2008, EPA published a
final rule entitled, ‘‘Completeness
Findings for Section 110(a) State
Implementation Plans for the 8-hour
Ozone NAAQS’’ (73 FR 16205). In the
rule, EPA made a finding for each state
that it had submitted or had failed to
submit a complete SIP that provided the
basic program elements of section
110(a)(2) necessary to implement the
1997 8-hour ozone NAAQS. In
particular, EPA found that the State of
Montana had submitted a complete SIP
to meet these requirements.
III. What infrastructure elements are
required under sections 110(a)(1) and
(2)?
Section 110(a)(1) provides the
procedural and timing requirements for
SIP submissions after a new or revised
NAAQS is promulgated. Section
110(a)(2) lists specific elements the SIP
must contain or satisfy. These
infrastructure elements include
requirements, such as modeling,
monitoring, and emissions inventories,
which are designed to assure attainment
and maintenance of the NAAQS. The
elements that are the subject of this
action are listed below.
• 110(a)(2)(A): Emission limits and
other control measures.
• 110(a)(2)(B): Ambient air quality
monitoring/data system.
• 110(a)(2)(C): Program for
enforcement of control measures.
• 110(a)(2)(D)(ii): Interstate and
international pollution.
• 110(a)(2)(E): Adequate resources
and authority.
• 110(a)(2)(F): Stationary source
monitoring and reporting.
• 110(a)(2)(G): Emergency powers.
• 110(a)(2)(H): Future SIP revisions.
• 110(a)(2)(J): Consultation with
government officials; public
notification; and prevention of
significant deterioration (PSD) and
visibility protection.
• 110(a)(2)(K): Air quality modeling/
data.
• 110(a)(2)(L): Permitting fees.
• 110(a)(2)(M): Consultation/
participation by affected local entities.
A detailed discussion of each of these
elements is contained in the next
section.
Two elements identified in section
110(a)(2) are not governed by the three
year submission deadline of section
110(a)(1) and are therefore not
addressed in this action. These elements
relate to part D of Title I of the CAA, and
submissions to satisfy them are not due
within three years after promulgation of
a new or revised NAAQS, but rather are
due at the same time nonattainment area
plan requirements are due under section
172. The two elements are: (i) section
110(a)(2)(C) to the extent it refers to
permit programs (known as
‘‘nonattainment new source review
(NSR)’’) required under part D, and (ii)
section 110(a)(2)(I), pertaining to the
nonattainment planning requirements of
part D. As a result, this action does not
address infrastructure elements related
to the nonattainment NSR portion of
section 110(a)(2)(C) or related to
110(a)(2)(I).
This action also does not address the
‘‘interstate transport’’ requirements of
element 110(a)(2)(D)(i). In a separate
action, EPA approved the State’s
submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone
NAAQS (73 FR 10150).
IV. How did the State of Montana
address the infrastructure elements of
sections 110(a)(1) and (2)?
1. Emission limits and other control
measures: Section 110(a)(2)(A) requires
SIPs to include enforceable emission
limitations and other control measures,
means, or techniques (including
economic incentives such as fees,
marketable permits, and auctions of
emissions rights), as well as schedules
and timetables for compliance as may be
necessary or appropriate to meet the
applicable requirements of this Act.
a. Montana’s response to this
requirement: Enforceable control
measures exist to protect the ozone
NAAQS throughout the State. Montana
implements a stationary source permit
program which requires subject sources
to demonstrate emissions will not cause
or contribute to a violation of any
NAAQS (Administrative Rules of
Montana (ARM) 17.8.749). Subject
sources are further required to utilize
best available control technology
(BACT) when installing emission
controls (ARM 17.8.752). Montana also
regulates open burning and subjects
those conducting open burning to BACT
requirements as well (Title 17, Chapter
8, Subchapter 6).
Except for specific control measures
adopted in Montana Board of
Environmental Review (BER) orders, the
emission limits and other air pollution
control regulations are contained in the
following subchapters of Title 17,
Chapter 8, ARM: Subchapter 1—General
Provisions; Subchapter 2—Emission
Standards; Subchapter 4—Stack Heights
and Dispersion Techniques; Subchapter
6—Open Burning; Subchapter 7—
Permit, Construction and Operation of
Air Contaminant Sources; Subchapter
8—Prevention of Significant
Deterioration of Air Quality; Subchapter
9—Permit Requirements for Major
Stationary Sources or Major
Modifications Locating within
Nonattainment Areas; Subchapter 10—
Preconstruction Permit Requirements
for Major Stationary Sources or Major
Modifications Locating within
Attainment or Unclassified Areas;
Subchapter 16—Emission Control
Requirements for Oil and Gas Well
Facilities Operating Prior to Issuance of
a Montana Air Quality Permit.
Federal action 2
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ARM
ARM
ARM
ARM
ARM
ARM
ARM
ARM
17.8.101 et seq ...........................................................................................................................
17.8.301 et seq ...........................................................................................................................
17.8.401 et seq ...........................................................................................................................
17.8.601 et seq ...........................................................................................................................
17.8.701 et seq ...........................................................................................................................
17.8.801 et seq ...........................................................................................................................
17.8.901 et seq ...........................................................................................................................
17.8.1001 et seq .........................................................................................................................
1 Memorandum from William T. Harnett,
Director, Air Quality Policy Division, ‘‘Guidance on
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and (2) for the 1997 8-hour Ozone and PM2.5
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approved
approved
approved
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Action reference
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FR
FR
FR
FR
FR
FR
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14036.
36715.
54947.
36715.
36715.
36715.
36715.
National Ambient Air Quality Standards’’ (Oct. 2,
2007).
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State rule(s)
Federal action 2
ARM 17.8.1601 et seq .........................................................................................................................
approved .................
b. EPA analysis: Montana’s SIP meets
the requirements of CAA section
110(a)(2)(A) for the 1997 ozone NAAQS,
subject to the following clarifications.
First, this infrastructure element does
not require the submittal of regulations
or emission limitations developed
specifically for attaining the 1997 ozone
NAAQS. Furthermore, Montana has no
areas designated as nonattainment for
the 1997 ozone NAAQS. Montana
primarily regulates emissions of ozone
and ozone precursors through its SIPapproved major and minor source
permitting programs. The SIP also
contains limitations for emissions of
hydrocarbons from storage and
processing of petroleum products. See
ARM 17.8.324. This suffices, in the case
of Montana, to meet the requirements of
110(a)(2)(A) for the 1997 ozone NAAQS.
Second, in this action, EPA is not
proposing to approve or disapprove any
existing state rules with regard to
director’s discretion or variance
provisions. A number of states have
such provisions which are contrary to
the CAA and existing EPA guidance (52
FR 45109, Nov. 24, 1987), and the
Agency plans to take action in the future
to address such state regulations. In the
meantime, EPA encourages any state
having a director’s discretion or
variance provision which is contrary to
the CAA and EPA guidance to take steps
to correct the deficiency as soon as
possible.
Finally, in this action, EPA is also not
proposing to approve or disapprove any
existing SIP provisions with regard to
excess emissions during startup,
shutdown, or malfunction (SSM) of
operations at a facility. A number of
states have SSM provisions which are
contrary to the CAA and existing EPA
guidance 3 and the Agency plans to
address such state regulations in the
future. In the meantime, EPA
encourages any state having a deficient
SSM provision to take steps to correct
it as soon as possible.
2. Ambient air quality monitoring/
data system: Section 110(a)(2)(B)
requires SIPs to provide for
establishment and operation of
appropriate devices, methods, systems,
and procedures necessary to (i) monitor,
compile, and analyze data on ambient
air quality, and (ii) upon request, make
such data available to the
Administrator.
a. Montana’s response to this
requirement: On an annual basis, the
Department of Environmental Quality
(‘‘Department’’ or ‘‘DEQ’’) evaluates
trends in industrial and economic
development, meteorology, and
population growth and makes other
scientific, social, and geographic
observations regarding areas of the State
which may be adversely affected by the
impact of criteria pollutants. Based on
this information, the Department
identifies potential air pollution
‘‘hotspots.’’ The Department, with
participation and input from local
control program staff and other
interested persons, makes decisions
regarding monitor type, location, and
schedules for monitoring air quality in
these hotspots. The Department makes
the product of this decision making
process, the annual monitoring network
plan, available for public inspection
prior to submission to EPA.
Pursuant to its Quality Assurance
Project Plans, the Department makes
arrangements to operate and maintain
Federal reference monitors and
establishes Federally-approved
protocols for sample collection,
handling, and analysis. Ambient air
monitoring data is subject to strict
quality assurance/quality control
processes. Air monitoring data is
included in the AIRS database.
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ARM
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2 In its certification, Montana noted here and
elsewhere that EPA has subsequently approved
revisions to the cited provisions and in some
instances Montana has submitted revisions to the
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provisions but EPA has not yet taken action on
them.
3 Steven Herman, Assistant Administrator for
Enforcement and Compliance Assurance, and
Robert Perciasepe, Assistant Administrator for Air
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60 FR 36715.
Montana has monitored the Billings
area for ambient ozone levels since June
2005. No exeedences have been
recorded.
The provisions in state law for the
collection and analysis of ambient air
quality data are contained in the CAA
of Montana (MT CAA), 75–2–101 et
seq., MCA, and, specifically, 75–2–112,
MCA, Powers and Responsibilities of
Department.
b. EPA analysis: Montana’s air
monitoring programs and data systems
meet the requirements of CAA section
110(a)(2)(B) for the 1997 ozone NAAQS.
The 2009–2010 Montana Annual
Monitoring Network Plan (AMNP),
dated June 2009, was approved by EPA
Region 8 on August 24, 2010.
3. Program for enforcement of control
measures: Section 110(a)(2)(C) requires
SIPs to include a program to provide for
the enforcement of the measures
described in subparagraph (A), and
regulation of the modification and
construction of any stationary source
within the areas covered by the plan as
necessary to assure that NAAQS are
achieved, including a permit program as
required in parts C and D.
a. Montana’s response to this
requirement: Congress directed states to
develop and implement measures to
prevent significant deterioration (PSD)
of air quality pursuant to 42 U.S.C.
7470, et seq. and 7501, et seq. Pursuant
to ARM 17.8.130, sources subject to the
provisions of Title 17, Chapter 8,
subchapters 8, 9, and 10, ARM,
regulating construction of new or
modified stationary sources consistent
with PSD and NSR requirements, shall
be subject to enforcement. The
Department has the authority to issue a
notice of violation, complaint regarding
the source violation, and an order to
take corrective action.
Federal action
17.8.130 ........................................................................................................
17.8.801 et seq .............................................................................................
17.8.901 et seq .............................................................................................
17.8.1001 et seq ...........................................................................................
Action reference
Action reference
71
60
60
60
FR
FR
FR
FR
3770.
36715.
36715.
36715.
and Radiation, Memorandum to EPA Air Division
Directors, ‘‘State Implementation Plans (SIPs):
Policy Regarding Excess Emissions During
Malfunctions, Startup, and Shutdown.’’ (Sept. 20,
1999).
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The provisions in state law for the
enforcement of emission limitations and
other control measures, means or
techniques is contained in the MT CAA,
75–2–101 et seq., MCA, and specifically,
75–2–111, MCA, Powers of the Board
and 75–2–112, MCA, Powers and
Responsibilities of Department.
b. EPA analysis: To generally meet the
requirements of section 110(a)(2)(C), the
State is required to have SIP-approved
PSD, nonattainment NSR, and minor
NSR permitting programs adequate to
implement the 1997 8-hour ozone
NAAQS. As explained above, in this
action EPA is not evaluating
nonattainment related provisions, such
as the nonattainment NSR program
required by part D of the Act. In
addition, Montana has no
nonattainment areas for the 1997 ozone
NAAQS and is therefore not required at
this point to have a corresponding
nonattainment NSR program. In this
action, EPA is evaluating the State’s
PSD program as required by part C of
the Act, and the State’s minor NSR
program as required by 110(a)(2)(C).
Montana has a SIP-approved PSD
program that generally meets the
requirements of part C of the Act.
However, in order for the State’s SIPapproved PSD program to satisfy the
requirements of section 110(a)(2)(C) for
the 1997 ozone NAAQS, the program
must properly regulate ozone
precursors. On November 29, 2005, EPA
promulgated the phase 2
implementation rule for the 1997 ozone
NAAQS, which includes requirements
for PSD programs to treat nitrogen
oxides as a precursor for ozone (72 FR
71612). The State’s approved PSD
program does not satisfy the
requirements of the phase 2
implementation rule.4 Furthermore, the
State has not submitted a revision to the
program to address this deficiency. As
a result, the SIP does not satisfy, for the
1997 ozone NAAQS, the requirement of
element 110(a)(2)(C) for the SIP to
include a permit program as required in
part C of Title I of the Act. EPA
therefore proposes to disapprove the
Montana infrastructure SIP for the 1997
ozone NAAQS for this requirement.
Turning to minor NSR, EPA is
proposing to approve Montana’s
4 In particular, the State’s definitions of ‘‘major
stationary source,’’ ARM 17.8.801(22)(b), ‘‘net
emissions increase,’’ ARM 17.8.801(24), and
‘‘significant,’’ ARM 17.8.801(27)(a), do not meet the
corresponding requirements in, respectively, 40
CFR 51.166(b)(1)(i)(c)(ii), 51.166(b)(2)(ii), and
51.166(b)(23)(i) with regard to treating nitrogen
oxides as an ozone precursor. In addition, the
definition of ‘‘air pollutant’’ used in the State’s PSD
program does not meet the requirements of 40 CFR
51.166(49)(i)(a) regarding identifying nitrogen
oxides as an ozone precursor. See 72 FR at 71699.
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infrastructure SIP for the 1997 ozone
NAAQS with respect to the general
requirement in section 110(a)(2)(C) to
include a program in the SIP that
regulates the modification and
construction of any stationary source as
necessary to assure that the NAAQS are
achieved. (See ARM Chapter 17.8,
Subchapter 7.) EPA is not proposing to
approve or disapprove the State’s
existing minor NSR program itself to the
extent that it is inconsistent with EPA’s
regulations governing this program. A
number of states may have minor NSR
provisions that are contrary to the
existing EPA regulations for this
program. EPA intends to work with
states to reconcile state minor NSR
programs with EPA’s regulatory
provisions for the program. The
statutory requirements of section
110(a)(2)(C) provide for considerable
flexibility in designing minor NSR
programs, and it may be time to revisit
the regulatory requirements for this
program to give the states an
appropriate level of flexibility to design
a program that meets their particular air
quality concerns, while assuring
reasonable consistency across the
country in protecting the NAAQS with
respect to new and modified minor
sources.
4. Interstate transport: Section
110(a)(2)(D)(i) requires SIPs to contain
adequate provisions prohibiting,
consistent with the provisions of this
title, any source or other type of
emissions activity within the state from
emitting any air pollutant in amounts
which will (I) contribute significantly to
nonattainment in, or interfere with
maintenance by, any other state, with
respect to any such national primary or
secondary ambient air quality standard,
or (II) interfere with measures required
to be included in the applicable
implementation plan for any other state
under part C to prevent significant
deterioration of air quality or to protect
visibility.
a. EPA Analysis: EPA approved the
State’s Interstate Transport provisions
for the 1997 ozone and PM2.5 NAAQS
on February 26, 2008 (73 FR 10150).
EPA is taking no action relevant to
section 110(a)(2)(D)(i) in this proposal.
5. Interstate and International
transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP
shall contain adequate provisions
insuring compliance with applicable
requirements of sections 126 and 115
(relating to interstate and international
pollution abatement).
a. Montana’s response to this
requirement: Although Montana
certified that its SIP met the
requirements of sections 110(a)(1) and
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(2) generally and 110(a)(2)(D)
specifically, Montana did not identify
particular provisions to meet this
requirement.
b. EPA Analysis: Section 126(a)
requires notification to affected, nearby
states of major proposed new (or
modified) sources. Sections 126(b) and
(c) pertain to petitions by affected states
to the Administrator regarding sources
violating the ‘‘interstate transport’’
provisions of section 110(a)(2)(D)(i).
Section 115 similarly pertains to
international transport of air pollution.
As required by 40 CFR
51.166(q)(2)(iv), Montana’s SIPapproved PSD program requires notice
to states whose lands may be affected by
the emissions of sources subject to PSD.
See ARM 17.8.826(2)(d). This suffices to
meet the notice requirement of section
126(a).
Montana has no pending obligations
under sections 126(c) or 115(b);
therefore, its SIP currently meets the
requirements of those sections. In
summary, the SIP meets the
requirements of 110(a)(2)(D)(ii) for the
1997 ozone NAAQS.
6. Adequate resources and authority:
Section 110(a)(2)(E) requires states to
provide (i) necessary assurances that the
state will have adequate personnel,
funding, and authority under state law
to carry out the SIP (and is not
prohibited by any provision of Federal
or state law from carrying out the SIP or
portion thereof), (ii) requires that the
state comply with the requirements
respecting state boards under section
128, and (iii) necessary assurances that,
where the state has relied on a local or
regional government, agency, or
instrumentality for the implementation
of any SIP provision, the state has
responsibility for ensuring adequate
implementation of such SIP provision.
a. Montana’s response to this
requirement: No state or Federal
provisions prohibit the implementation
of any provision of the Montana SIP.
Montana devotes adequate resources to
SIP development and maintenance
sufficient to ensure attainment and
maintenance of the NAAQS for ozone.
Montana receives from EPA grant
monies intended to fund programs to
protect NAAQS. Montana allocates a
portion of the EPA grant money to fund
SIP activities for attainment and
maintenance of the NAAQS. Montana
imposes and collects fees from permit
applicants. Montana allocates all of the
permit fee revenue to activities
associated with permitting and
compliance of regulated sources of air
pollutants, including criteria pollutant
emissions. Montana also receives state
general funds to conduct state air
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quality program activities. Montana
allocates all state general funding to
non-permit air program activities
including SIP programs for attainment
and maintenance of the NAAQS.
The Air Resources Management
Bureau has 50 fulltime equivalent
positions with an annual budget of $6.3
million for fiscal year 2010. The
program funding is broken down as
follows: $163,536 from state general
funds, $1,643,940 from Federal grants,
and $4,546,047 from stationary source
fees.
The provisions in State law providing
for adequate resources are contained in
the MT CAA, 75–2–101 et seq., MCA.
More specifically, those provisions are
contained in 75–2–102, MCA, Intent—
Policy and Purpose; 75–2–111, MCA,
Powers of the Board and 75–2–112,
MCA, Powers and Responsibilities of
Department.
The Montana Board of Environmental
Review (BER) oversees the Montana
DEQ, including actions taken by the
State air program. The composition and
requirements of the BER are detailed in
2–15–3502, MCA, 2–15–121, MCA, and
2–15–124, MCA. Laws related to
conflict of interest in Montana state
government are found in 2–2–201,
MCA, and 2–2–202, MCA.
b. EPA Analysis: The provisions
contained in 75–2–102, MCA, 75–2–
111, MCA, and 75–2–112, MCA, provide
adequate authority for the State of
Montana and the DEQ to carry out its
SIP obligations with respect to the 1997
ozone NAAQS. The State receives
sections 103 and 105 grant funds
through its Performance Partnership
Grant along with required state
matching funds to provide funding
necessary to carry out Montana’s SIP
requirements. EPA therefore proposes to
approve the Montana infrastructure SIP
with regards to the requirements of
section 110(a)(2)(E) for the 1997 ozone
NAAQS.
7. Stationary source monitoring
system: Section 110(a)(2)(F) requires (i)
the installation, maintenance, and
replacement of equipment, and the
implementation of other necessary
steps, by owners or operators of
stationary sources to monitor emissions
from such sources, (ii) periodic reports
on the nature and amounts of emissions
and emissions-related data from such
sources, and (iii) correlation of such
reports by the state agency with any
emission limitations or standards
established pursuant to the Act, which
reports shall be available at reasonable
times for public inspection.
a. Montana’s response to this
requirement: Montana requires
stationary sources subject to State
regulation to annually submit all
information necessary to complete a
source emissions inventory. Affected
permits require emissions monitoring
from stationary sources of air pollution.
Further, on an annual basis the
Department compiles a State emissions
inventory of all regulated sources for the
evaluation of compliance with
applicable standards and inclusion in
EPA databases.
Federal action
ARM 17.8.105 ......................................................................................................................................
ARM 17.8.106 ......................................................................................................................................
ARM 17.8.505 ......................................................................................................................................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
State rule(s)
Approved .................
Approved .................
Not submitted ..........
b. EPA Analysis: The provisions cited
by Montana (ARM 17.8.105 and
17.8.106) pertain to testing requirements
and protocols. Montana also
incorporates by reference 40 CFR part
51, appendix P, regarding minimum
monitoring requirements. (See ARM
17.8.103(1)(D)). In addition, Montana
provides for monitoring, recordkeeping,
and reporting requirements for sources
subject to minor and major source
permitting. EPA therefore proposes to
approve Montana’s infrastructure SIP
with regards to the requirements of
section 110(a)(2)(F) for the 1997 ozone
NAAQS.
8. Emergency powers: Section
110(a)(2)(G) requires states to provide
for authority to address activities
causing imminent and substantial
endangerment to public health,
including contingency plans to
implement the emergency episode
provisions in their SIPs.
a. Montana’s response to this
requirement: On January 3, 2006, EPA
approved Montana’s Emergency Episode
Avoidance Plan (EEAP) in 71 FR 19.
Montana’s EEAP made provision for
emergency control of all criteria
pollutants. Under authority granted by
section 75–2–402, MCA, Emergency
Procedures, and the Montana’s EEAP,
the Department may order sources of
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pollution to limit or cease emissions.
The Montana CAA is not subject to
approval by EPA.
b. EPA analysis: Section 75–2–402 of
the MCA provides DEQ with general
emergency authority comparable to that
in section 303 of the Act. EPA last
approved revisions to the EEAP on
January 3, 2006 (71 FR 19). The EEAP
meets the requirements of 40 CFR part
51, Subpart H. The SIP therefore meets
the requirements of 110(a)(2)(G) for the
1997 ozone NAAQS.
9. Future SIP revisions: Section
110(a)(2)(H) requires that SIPs provide
for revision of such plan (i) from time
to time as may be necessary to take
account of revisions of such national
primary or secondary ambient air
quality standard or the availability of
improved or more expeditious methods
of attaining such standard, and (ii),
except as provided in paragraph
110(a)(3)(C), whenever the
Administrator finds on the basis of
information available to the
Administrator that the SIP is
substantially inadequate to attain the
NAAQS which it implements or to
otherwise comply with any additional
requirements under this Act.
a. Montana’s response to this
requirement: The Montana CAA invests
in the BER the authority to adopt,
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Action reference
66 FR 42427.
66 FR 42427.
State only rule.
amend, and repeal rules for
administering implementing, and
enforcing rules promulgated to regulate
emissions of air pollutants, including
rules necessary to establish measures to
attain and maintain the NAAQS. The
Governor submits, for inclusion into the
SIP, rules determined to be necessary to
attain and maintain the NAAQS.
The provisions in state law providing
for adoption of rules and regulations are
contained in the Montana CAA, 75–2–
101 et seq., MCA. More specifically,
those provisions are contained in 75–2–
102, MCA, Intent—Policy and Purpose;
75–2–111, MCA, Powers of the Board,
and 75–2–112, MCA, Powers and
Responsibilities of Department.
b. EPA analysis: Montana’s statutory
provisions in the Montana CAA at 75–
2–101 et seq., give the BER sufficient
authority to meet the requirements of
110(a)(2)(H).
10. Nonattainment Area Plan or Plan
Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP
revision for an area designated as a
nonattainment area must meet the
applicable requirements of part D of title
I of the Act (relating to nonattainment
areas).
a. Montana’s response to this
requirement: All control plans for nonattainment areas in Montana are
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prepared in accordance with the
applicable requirements of 42 U.S.C.
7501–7505. There are no ozone
nonattainment areas in Montana.
b. EPA analysis for Section
110(a)(2)(I): As noted above, the specific
nonattainment area plan requirements
of section 110(a)(2)(I) are subject to the
timing requirement of section 172, not
the timing requirement of section
110(a)(1). This element is therefore not
applicable to this action. EPA will take
action on part D attainment plans
through a separate process.
11. Consultation with government
officials, public notification, PSD and
visibility protection: Section 110(a)(2)(J)
requires that each SIP meet the
applicable requirements of section 121
of this title (relating to consultation),
section 127 of this title (relating to
public notification), and part C of title
I of the Act (relating to PSD of air
quality and visibility protection).
a. Montana’s response to this
requirement: Montana satisfies EPA’s
requirements for intergovernmental
relations, see 59 FR 2988. Montana has
not changed or revoked consultation
processes since that time. Montana
holds public meetings and hearings on
all SIP revisions in accordance with 40
CFR part 51, Appendix V and Montana’s
open meeting laws. See 3–2–203, MCA.5
On January 3, 2006, EPA approved
Montana’s EEAP in 71 FR 19. Montana’s
EEAP provides for all criteria pollutants,
including ozone. The EEAP contains
provisions for disseminating
information regarding an exeedence of
the NAAQS to appropriate news media,
health officials, law enforcement, and
others. The Department notice includes
recommendations for actions citizens
may take to reduce the impact of their
activities and reduce their exposure.
Montana also complies with 40 CFR
51.930 during exceptional events.
Congress directed states to develop
and implement measures to prevent
significant deterioration of air quality
pursuant to 42 U.S.C. 7471. Montana
adopted permitting requirements for
major sources proposing to modify or
construct; PSD rules in subchapter 8
and nonattainment New Source Review
rules in subchapter 10 of Title 17,
Chapter 8, ARM. Montana continues to
implement and enforce these rules.
Montana consults with Federal Land
Managers as needed and/or required.
State rule(s)
Federal action
ARM 17.8.801 et seq. ..........................................................................................................................
ARM 17.8.1001 et seq. ........................................................................................................................
Approved .................
Approved .................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
b. EPA Analysis: The State has
demonstrated that it has the authority
and rules in place to provide a process
of consultation with general purpose
local governments, designated
organizations of elected officials of local
governments and any Federal Land
Manager having authority over Federal
land to which the SIP applies,
consistent with the requirements of
CAA section 121. Furthermore,
Montana’s EEAP, approved into the SIP,
meets the requirements of CAA section
127.
Turning to the requirement in section
110(a)(2)(J) that the SIP meet the
applicable requirements of part C of title
I of the Act, EPA has evaluated this
requirement in the context of
infrastructure element (C) in section
IV.3 above. As discussed there, EPA
proposes to disapprove Montana’s
infrastructure SIP for the requirement in
110(a)(2)(C) that the SIP include a
permit program as required in part C, on
the basis that Montana’s SIP-approved
PSD program does not properly regulate
nitrogen oxides as an ozone precursor.
For the same reason, EPA proposes to
disapprove Montana’s infrastructure SIP
with regards to the requirement in
section 110(a)(2)(J) that the SIP meet the
applicable requirements of part C of title
I the Act.
Finally, with regard to the applicable
requirements for visibility protection,
EPA recognizes that states are subject to
visibility and regional haze program
requirements under part C of the act. In
the event of the establishment of a new
NAAQS, however, the visibility and
regional haze program requirements
under part C do not change. Thus we
find that there is no new visibility
obligation ‘‘triggered’’ under section
110(a)(2)(J) when a new NAAQS
becomes effective.
In conclusion, the Montana SIP meets
the requirements of section 110(a)(2)(J)
for the 1997 ozone NAAQS with regards
to sections 121 and 127 of the Act, and
does not meet the requirements of
section 110(a)(2)(J) for the 1997 ozone
NAAQS with regards to meeting the
applicable requirements of part C
relating to PSD.
12. Air quality and modeling/data:
Section 110(a)(2)(K) requires that each
SIP provide for (i) the performance of
Federal action
17.8.701 et seq. ..........................................................................................................................
17.8.801 et seq. ..........................................................................................................................
17.8.901 et seq. ..........................................................................................................................
17.8.1001 et seq. ........................................................................................................................
Approved
Approved
Approved
Approved
.................
.................
.................
.................
5 Montana’s certification cited MCA 2–2–203,
which appears to be a typographical error.
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60 FR 36715.
60 FR 36715.
such air quality modeling as the
Administrator may prescribe for the
purpose of predicting the effect on
ambient air quality of any emissions of
any air pollutant for which the
Administrator has established a
NAAQS, and (ii) the submission, upon
request, of data related to such air
quality modeling to the Administrator.
a. Montana’s response to this
requirement: Montana requires an
applicant proposing to construct or
modify a source of criteria pollutants to
demonstrate the facility can be expected
to operate in compliance with
applicable law and that it will not cause
or contribute to a violation of any
NAAQS. Sources subject to the
provisions of Title 17, Chapter 8,
Subchapters 7, 8, 9, and 10, ARM
(regulating construction of new or
modified major stationary sources
consistent with PSD and New Source
Review (NSR) requirements) shall
demonstrate the facility can be expected
to operate in compliance with
applicable law and that it will not cause
or contribute to a violation of any
NAAQS.
State rule(s)
ARM
ARM
ARM
ARM
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60
60
60
FR
FR
FR
FR
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Absent any privacy restrictions
regarding the release of proprietary
business information, all
preconstruction data and analysis
regarding the results of source
predictive modeling for purposes of
NAAQS compliance is public
information available for anyone,
including EPA, to review upon request.
b. EPA Analysis: Montana’s SIP meets
the requirements of CAA section
110(a)(2)(K) for the 1997 ozone NAAQS.
In particular, Montana’s PSD program
(see ARM 17.8.821(1)) requires
estimates of ambient air concentrations
to be based on the applicable air quality
models, data bases, and other
requirements specified in Appendix W
of 40 CFR part 51, pertaining to the
Guidelines on Air Quality Models. As a
result, the SIP provides for such air
quality modeling as the Administrator
has prescribed.
13. Permitting fees: Section
110(a)(2)(L) requires SIPs to require the
owner or operator of each major
stationary source to pay to the
permitting authority, as a condition of
any permit required under this act, a fee
sufficient to cover (i) the reasonable
costs of reviewing and acting upon any
application for such a permit, and (ii) if
the owner or operator receives a permit
for such source, the reasonable costs of
implementing and enforcing the terms
and conditions of any such permit (not
including any court costs or other costs
associated with any enforcement
action), until such fee requirement is
superseded with respect to such sources
by the Administrator’s approval of a fee
program under title V.
a. Montana’s response to this
requirement: Montana has an approved
Title V permitting program. Montana
requires an applicant proposing to
construct or modify an air pollution
source to pay an application fee. See
ARM 17.8.504. Pursuant to ARM
7.8.505, Montana assesses an annual air
quality operation fee against the owner
or operator of any source issued a
Montana air quality permit or an
operating permit or which is registered
with the Department as an oil and gas
facility under ARM 17.8.1701, et seq.
State rules(s)
Federal action
ARM 17.8.504 ......................................................................................................................................
ARM 17.8.505 ......................................................................................................................................
ARM 17.8.1701, et seq. .......................................................................................................................
Not Submitted .........
Not submitted ..........
Pending ...................
b. EPA Analysis: Montana’s approved
title V operating permit program meets
the requirements of CAA section
110(a)(2)(L) for the 1997 ozone NAAQS.
As discussed in the Direct Final Rule
approving the State’s title V program (65
FR 37049, June 13, 2000), the State
demonstrated that the fees collected
were sufficient to administer the
program.
14. Consultation/participation by
affected local entities: Section
110(a)(2)(M) requires states to provide
for consultation and participation in SIP
development by local political
subdivisions affected by the SIP.
a. Montana’s response to this
requirement: As a matter of practice, the
Department consults with the local
agencies when necessary to implement
a control plan for a nonattainment area.
The Department also meets with county
air pollution control program staff and
discusses monitoring issues, including
ozone, prior to making decisions
regarding monitoring needs, monitor
type, locations, and monitoring
schedules.
Federal action
ARM 17.8.140 ......................................................................................................................................
ARM 17.8.141 ......................................................................................................................................
ARM 17.8.142 ......................................................................................................................................
Approved .................
Approved .................
Approved .................
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
V. What action is EPA taking?
In this action, EPA is proposing to
approve the following infrastructure
elements for the 1997 ozone NAAQS:
(A), (B), (C) with regards to the
requirement to have a SIP-approved
minor NSR program, (D)(ii), (E), (F), (G),
(H), (J) with regards to the requirements
of sections 121 and 127 of the Act, (K),
(L), and (M).
In this action, EPA is proposing to
disapprove the following infrastructure
elements for the 1997 ozone NAAQS:
(C) with regards to the requirement for
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the SIP to include a permit program as
required in part C of title I of the Act,
and (J) with regards to the requirement
for the SIP to meet the applicable
requirements of part C relating to PSD.
In this action, EPA is taking no action
on infrastructure elements (D)(i) and (I)
for the 1997 ozone NAAQS.
VI. Statutory and Executive Order
Reviews
Under the CAA, 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
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State only rule.
State only rule.
MT submitted 11/1/
06.
Section 75–2–112(2)(j) of the Montana
CAA requires the Department to ‘‘ * * *
advise, consult, contract, and cooperate
with other agencies of the state, local
governments, industries, other states,
interstate and interlocal agencies, the
United States, and any interested
persons or groups; * * * ’’
Parties affected by Department
actions, including local political
subdivisions, may petition the BER for
a hearing and address of their
grievances, see ARM 17.8.140, 17.8.141,
and 17.8.142.
State rule(s)
b. EPA Analysis: Montana’s submittal
meets the requirements of CAA section
110(a)(2)(M) for the 1997 ozone
NAAQS.
28941
Action reference
66 FR 42427.
66 FR 42427.
66 FR 42427.
the CAA. Accordingly, this proposed
action merely approves some state law
as meeting Federal requirements and
disapproves other state law because it
does not meet Federal requirements;
this proposed action does not impose
additional requirements beyond those
imposed by state law. For that reason,
this proposed 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.);
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• 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 CAA; 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.
List of Subjects in 40 CFR Part 52
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 12, 2011.
James B. Martin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011–12357 Filed 5–18–11; 8:45 am]
BILLING CODE 6560–50–P
VerDate Mar<15>2010
14:42 May 18, 2011
Jkt 223001
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2011–0460; FRL–9309–5]
Revisions to the California State
Implementation Plan, Sacramento
Metropolitan Air Quality Management
District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing both an
approval and a limited approval and
limited disapproval of permitting rules
submitted for the Sacramento
Metropolitan Air Quality Management
District (SMAQMD or District) portion
of the California State Implementation
Plan (SIP). The District is required
under Parts C and D of title I of the
Clean Air Act (CAA) to adopt and
implement SIP-approved New Source
Review (NSR) and Prevention of
Significant Deterioration (PSD) permit
programs. These rules update and revise
the District’s NSR and PSD permitting
programs for new and modified major
sources of air pollution. If EPA finalizes
the limited approval and limited
disapproval action, as proposed, then a
sanctions clock would be triggered. We
are taking comments on this proposal
and plan to follow with a final action.
DATES: Any comments must arrive by
June 20, 2011.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2011–0460, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions.
2. E-mail: R9airpermits@epa.gov.
3. Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
SUMMARY:
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send email directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. 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.
Docket: EPA has established a docket
for this action under EPA–R09–OAR–
2011–0460. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents are listed at https://
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps, multi-volume
reports), and some may not be publicly
available in either location (e.g., CBI).
To inspect the hard copy materials,
please schedule an appointment during
normal business hours with the contact
listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Laura Yannayon, EPA Region IX, (415)
972–3534, yannayon.laura@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules?
II. EPA’s Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. Public Comment and Proposed Action
III. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal, including the dates they
were adopted by the local air agency
and submitted by the California Air
Resources Board (CARB).
E:\FR\FM\19MYP1.SGM
19MYP1
]]>Agencies
[Federal Register Volume 76, Number 97 (Thursday, May 19, 2011)]
[Proposed Rules]
[Pages 28934-28942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12357]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2010-0298; FRL-9308-5]
Approval and Disapproval and Promulgation of State Implementation
Plan Revisions; Infrastructure Requirements for the 1997 8-Hour Ozone
National Ambient Air Quality Standards; Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to partially approve and partially disapprove
the State Implementation Plan (SIP) submission from the State of
Montana to demonstrate that the SIP meets the requirements of sections
110(a)(1) and (2) of the Clean Air Act (CAA) for the National Ambient
Air Quality Standards (NAAQS) promulgated for ozone on July 18, 1997.
Section 110(a)(1) of the CAA requires that each state, after a new or
revised NAAQS is promulgated, review their SIPs to ensure that they
meet the requirements of the ``infrastructure elements'' of section
110(a)(2). The State of Montana submitted two certifications of their
infrastructure SIP for the 1997 ozone NAAQS, dated November 28, 2007,
which was determined to be complete on March 27, 2008 (73 FR 16205),
and December 22, 2009.
EPA does not propose to act on the State's November 28, 2007 and
December 22, 2009, submissions to meet the requirements of section
110(a)(2)(D)(i) of the CAA, relating to interstate transport of air
pollution, for the 1997 ozone NAAQS. EPA approved the State's
interstate transport SIP submission on February 26, 2008 (73 FR 10150).
DATES: Written comments must be received on or before June 20, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0298, by one of the following methods:
[[Page 28935]]
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: dolan.kathy@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air Program, Environmental Protection
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver,
Colorado 80202-1129.
Hand Delivery: Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted
Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays.
Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0298. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting
comments, go to section I, General Information, of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests 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, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. 303-312-6142,
dolan.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
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.
Table of Contents
I. General Information
II. Background
III. What infrastructure elements are required under sections
110(a)(1) and (2)?
IV. How did the State of Montana address the infrastructure elements
of sections 110(a)(1) and (2)?
V. What action is EPA taking?
VI. Statutory and Executive Order Reviews
I. General Information
What should I consider as I prepare my comments for EPA?
1. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through https://www.regulations.gov or e-mail. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on a disk or CD ROM that you mail to EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register, date, and page number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your requested
changes;
Describe any assumptions and provide any technical information and/
or data that you used;
If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced;
Provide specific examples to illustrate your concerns, and suggest
alternatives;
Explain your views as clearly as possible, avoiding the use of
profanity or personal threats; and,
Make sure to submit your comments by the comment period deadline
identified.
II. Background
On July 18, 1997, EPA promulgated new NAAQS for ozone based on 8-
hour average concentrations. The 8-hour averaging period replaced the
previous 1-hour averaging period, and the level of the NAAQS was
changed from 0.12 parts per million (ppm) to 0.08 ppm (62 FR 38856). By
statute, SIPs meeting the requirements of sections 110(a)(1) and (2)
are to be submitted by states within three years after promulgation of
a new or revised standard. Section 110(a)(2) provides basic
requirements for SIPs, including emissions inventories, monitoring, and
modeling, to assure attainment and maintenance of the standards. These
requirements are set out in several ``infrastructure elements,'' listed
in section 110(a)(2).
Section 110(a) imposes the obligation upon states to make a SIP
submission to EPA for a new or revised NAAQS, and the contents of that
submission may vary depending upon the facts and circumstances. In
particular, the data and analytical tools available at the time
[[Page 28936]]
the state develops and submits the SIP for a new or revised NAAQS
affects the content of the submission. The contents of such SIP
submissions may also vary depending upon what provisions the state's
existing SIP already contains. In the case of the 1997 ozone NAAQS,
states typically have met the basic program elements required in
section 110(a)(2) through earlier SIP submissions in connection with
previous NAAQS. In a guidance issued on October 2, 2007, EPA noted
that, to the extent an existing SIP already meets the section 110(a)(2)
requirements, states need only to certify that fact via a letter to
EPA.\1\
---------------------------------------------------------------------------
\1\ Memorandum from William T. Harnett, Director, Air Quality
Policy Division, ``Guidance on SIP Elements Required Under Sections
110(a)(1) and (2) for the 1997 8-hour Ozone and PM2.5
National Ambient Air Quality Standards'' (Oct. 2, 2007).
---------------------------------------------------------------------------
On March 27, 2008, EPA published a final rule entitled,
``Completeness Findings for Section 110(a) State Implementation Plans
for the 8-hour Ozone NAAQS'' (73 FR 16205). In the rule, EPA made a
finding for each state that it had submitted or had failed to submit a
complete SIP that provided the basic program elements of section
110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. In
particular, EPA found that the State of Montana had submitted a
complete SIP to meet these requirements.
III. What infrastructure elements are required under sections 110(a)(1)
and (2)?
Section 110(a)(1) provides the procedural and timing requirements
for SIP submissions after a new or revised NAAQS is promulgated.
Section 110(a)(2) lists specific elements the SIP must contain or
satisfy. These infrastructure elements include requirements, such as
modeling, monitoring, and emissions inventories, which are designed to
assure attainment and maintenance of the NAAQS. The elements that are
the subject of this action are listed below.
110(a)(2)(A): Emission limits and other control measures.
110(a)(2)(B): Ambient air quality monitoring/data system.
110(a)(2)(C): Program for enforcement of control measures.
110(a)(2)(D)(ii): Interstate and international pollution.
110(a)(2)(E): Adequate resources and authority.
110(a)(2)(F): Stationary source monitoring and reporting.
110(a)(2)(G): Emergency powers.
110(a)(2)(H): Future SIP revisions.
110(a)(2)(J): Consultation with government officials;
public notification; and prevention of significant deterioration (PSD)
and visibility protection.
110(a)(2)(K): Air quality modeling/data.
110(a)(2)(L): Permitting fees.
110(a)(2)(M): Consultation/participation by affected local
entities.
A detailed discussion of each of these elements is contained in the
next section.
Two elements identified in section 110(a)(2) are not governed by
the three year submission deadline of section 110(a)(1) and are
therefore not addressed in this action. These elements relate to part D
of Title I of the CAA, and submissions to satisfy them are not due
within three years after promulgation of a new or revised NAAQS, but
rather are due at the same time nonattainment area plan requirements
are due under section 172. The two elements are: (i) section
110(a)(2)(C) to the extent it refers to permit programs (known as
``nonattainment new source review (NSR)'') required under part D, and
(ii) section 110(a)(2)(I), pertaining to the nonattainment planning
requirements of part D. As a result, this action does not address
infrastructure elements related to the nonattainment NSR portion of
section 110(a)(2)(C) or related to 110(a)(2)(I).
This action also does not address the ``interstate transport''
requirements of element 110(a)(2)(D)(i). In a separate action, EPA
approved the State's submission to meet the requirements of
110(a)(2)(D)(i) for the 1997 ozone NAAQS (73 FR 10150).
IV. How did the State of Montana address the infrastructure elements of
sections 110(a)(1) and (2)?
1. Emission limits and other control measures: Section 110(a)(2)(A)
requires SIPs to include enforceable emission limitations and other
control measures, means, or techniques (including economic incentives
such as fees, marketable permits, and auctions of emissions rights), as
well as schedules and timetables for compliance as may be necessary or
appropriate to meet the applicable requirements of this Act.
a. Montana's response to this requirement: Enforceable control
measures exist to protect the ozone NAAQS throughout the State. Montana
implements a stationary source permit program which requires subject
sources to demonstrate emissions will not cause or contribute to a
violation of any NAAQS (Administrative Rules of Montana (ARM)
17.8.749). Subject sources are further required to utilize best
available control technology (BACT) when installing emission controls
(ARM 17.8.752). Montana also regulates open burning and subjects those
conducting open burning to BACT requirements as well (Title 17, Chapter
8, Subchapter 6).
Except for specific control measures adopted in Montana Board of
Environmental Review (BER) orders, the emission limits and other air
pollution control regulations are contained in the following
subchapters of Title 17, Chapter 8, ARM: Subchapter 1--General
Provisions; Subchapter 2--Emission Standards; Subchapter 4--Stack
Heights and Dispersion Techniques; Subchapter 6--Open Burning;
Subchapter 7--Permit, Construction and Operation of Air Contaminant
Sources; Subchapter 8--Prevention of Significant Deterioration of Air
Quality; Subchapter 9--Permit Requirements for Major Stationary Sources
or Major Modifications Locating within Nonattainment Areas; Subchapter
10--Preconstruction Permit Requirements for Major Stationary Sources or
Major Modifications Locating within Attainment or Unclassified Areas;
Subchapter 16--Emission Control Requirements for Oil and Gas Well
Facilities Operating Prior to Issuance of a Montana Air Quality Permit.
----------------------------------------------------------------------------------------------------------------
State rule(s) Federal action \2\ Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.101 et seq................... approved........................... 60 FR 3615.
ARM 17.8.301 et seq................... approved........................... 44 FR 14036.
ARM 17.8.401 et seq................... approved........................... 60 FR 36715.
ARM 17.8.601 et seq................... approved........................... 61 FR 54947.
ARM 17.8.701 et seq................... approved........................... 60 FR 36715.
ARM 17.8.801 et seq................... approved........................... 60 FR 36715.
ARM 17.8.901 et seq................... approved........................... 60 FR 36715.
ARM 17.8.1001 et seq.................. approved........................... 60 FR 36715.
[[Page 28937]]
ARM 17.8.1601 et seq.................. approved........................... 60 FR 36715.
----------------------------------------------------------------------------------------------------------------
---------------------------------------------------------------------------
\2\ In its certification, Montana noted here and elsewhere that
EPA has subsequently approved revisions to the cited provisions and
in some instances Montana has submitted revisions to the provisions
but EPA has not yet taken action on them.
---------------------------------------------------------------------------
b. EPA analysis: Montana's SIP meets the requirements of CAA
section 110(a)(2)(A) for the 1997 ozone NAAQS, subject to the following
clarifications. First, this infrastructure element does not require the
submittal of regulations or emission limitations developed specifically
for attaining the 1997 ozone NAAQS. Furthermore, Montana has no areas
designated as nonattainment for the 1997 ozone NAAQS. Montana primarily
regulates emissions of ozone and ozone precursors through its SIP-
approved major and minor source permitting programs. The SIP also
contains limitations for emissions of hydrocarbons from storage and
processing of petroleum products. See ARM 17.8.324. This suffices, in
the case of Montana, to meet the requirements of 110(a)(2)(A) for the
1997 ozone NAAQS.
Second, in this action, EPA is not proposing to approve or
disapprove any existing state rules with regard to director's
discretion or variance provisions. A number of states have such
provisions which are contrary to the CAA and existing EPA guidance (52
FR 45109, Nov. 24, 1987), and the Agency plans to take action in the
future to address such state regulations. In the meantime, EPA
encourages any state having a director's discretion or variance
provision which is contrary to the CAA and EPA guidance to take steps
to correct the deficiency as soon as possible.
Finally, in this action, EPA is also not proposing to approve or
disapprove any existing SIP provisions with regard to excess emissions
during startup, shutdown, or malfunction (SSM) of operations at a
facility. A number of states have SSM provisions which are contrary to
the CAA and existing EPA guidance \3\ and the Agency plans to address
such state regulations in the future. In the meantime, EPA encourages
any state having a deficient SSM provision to take steps to correct it
as soon as possible.
---------------------------------------------------------------------------
\3\ Steven Herman, Assistant Administrator for Enforcement and
Compliance Assurance, and Robert Perciasepe, Assistant Administrator
for Air and Radiation, Memorandum to EPA Air Division Directors,
``State Implementation Plans (SIPs): Policy Regarding Excess
Emissions During Malfunctions, Startup, and Shutdown.'' (Sept. 20,
1999).
---------------------------------------------------------------------------
2. Ambient air quality monitoring/data system: Section 110(a)(2)(B)
requires SIPs to provide for establishment and operation of appropriate
devices, methods, systems, and procedures necessary to (i) monitor,
compile, and analyze data on ambient air quality, and (ii) upon
request, make such data available to the Administrator.
a. Montana's response to this requirement: On an annual basis, the
Department of Environmental Quality (``Department'' or ``DEQ'')
evaluates trends in industrial and economic development, meteorology,
and population growth and makes other scientific, social, and
geographic observations regarding areas of the State which may be
adversely affected by the impact of criteria pollutants. Based on this
information, the Department identifies potential air pollution
``hotspots.'' The Department, with participation and input from local
control program staff and other interested persons, makes decisions
regarding monitor type, location, and schedules for monitoring air
quality in these hotspots. The Department makes the product of this
decision making process, the annual monitoring network plan, available
for public inspection prior to submission to EPA.
Pursuant to its Quality Assurance Project Plans, the Department
makes arrangements to operate and maintain Federal reference monitors
and establishes Federally-approved protocols for sample collection,
handling, and analysis. Ambient air monitoring data is subject to
strict quality assurance/quality control processes. Air monitoring data
is included in the AIRS database.
Montana has monitored the Billings area for ambient ozone levels
since June 2005. No exeedences have been recorded.
The provisions in state law for the collection and analysis of
ambient air quality data are contained in the CAA of Montana (MT CAA),
75-2-101 et seq., MCA, and, specifically, 75-2-112, MCA, Powers and
Responsibilities of Department.
b. EPA analysis: Montana's air monitoring programs and data systems
meet the requirements of CAA section 110(a)(2)(B) for the 1997 ozone
NAAQS. The 2009-2010 Montana Annual Monitoring Network Plan (AMNP),
dated June 2009, was approved by EPA Region 8 on August 24, 2010.
3. Program for enforcement of control measures: Section
110(a)(2)(C) requires SIPs to include a program to provide for the
enforcement of the measures described in subparagraph (A), and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
NAAQS are achieved, including a permit program as required in parts C
and D.
a. Montana's response to this requirement: Congress directed states
to develop and implement measures to prevent significant deterioration
(PSD) of air quality pursuant to 42 U.S.C. 7470, et seq. and 7501, et
seq. Pursuant to ARM 17.8.130, sources subject to the provisions of
Title 17, Chapter 8, subchapters 8, 9, and 10, ARM, regulating
construction of new or modified stationary sources consistent with PSD
and NSR requirements, shall be subject to enforcement. The Department
has the authority to issue a notice of violation, complaint regarding
the source violation, and an order to take corrective action.
------------------------------------------------------------------------
State rule(s) Federal action Action reference
------------------------------------------------------------------------
ARM 17.8.130................. Approved....... 71 FR 3770.
ARM 17.8.801 et seq.......... Approved....... 60 FR 36715.
ARM 17.8.901 et seq.......... Approved....... 60 FR 36715.
ARM 17.8.1001 et seq......... Approved....... 60 FR 36715.
------------------------------------------------------------------------
[[Page 28938]]
The provisions in state law for the enforcement of emission
limitations and other control measures, means or techniques is
contained in the MT CAA, 75-2-101 et seq., MCA, and specifically, 75-2-
111, MCA, Powers of the Board and 75-2-112, MCA, Powers and
Responsibilities of Department.
b. EPA analysis: To generally meet the requirements of section
110(a)(2)(C), the State is required to have SIP-approved PSD,
nonattainment NSR, and minor NSR permitting programs adequate to
implement the 1997 8-hour ozone NAAQS. As explained above, in this
action EPA is not evaluating nonattainment related provisions, such as
the nonattainment NSR program required by part D of the Act. In
addition, Montana has no nonattainment areas for the 1997 ozone NAAQS
and is therefore not required at this point to have a corresponding
nonattainment NSR program. In this action, EPA is evaluating the
State's PSD program as required by part C of the Act, and the State's
minor NSR program as required by 110(a)(2)(C).
Montana has a SIP-approved PSD program that generally meets the
requirements of part C of the Act. However, in order for the State's
SIP-approved PSD program to satisfy the requirements of section
110(a)(2)(C) for the 1997 ozone NAAQS, the program must properly
regulate ozone precursors. On November 29, 2005, EPA promulgated the
phase 2 implementation rule for the 1997 ozone NAAQS, which includes
requirements for PSD programs to treat nitrogen oxides as a precursor
for ozone (72 FR 71612). The State's approved PSD program does not
satisfy the requirements of the phase 2 implementation rule.\4\
Furthermore, the State has not submitted a revision to the program to
address this deficiency. As a result, the SIP does not satisfy, for the
1997 ozone NAAQS, the requirement of element 110(a)(2)(C) for the SIP
to include a permit program as required in part C of Title I of the
Act. EPA therefore proposes to disapprove the Montana infrastructure
SIP for the 1997 ozone NAAQS for this requirement.
---------------------------------------------------------------------------
\4\ In particular, the State's definitions of ``major stationary
source,'' ARM 17.8.801(22)(b), ``net emissions increase,'' ARM
17.8.801(24), and ``significant,'' ARM 17.8.801(27)(a), do not meet
the corresponding requirements in, respectively, 40 CFR
51.166(b)(1)(i)(c)(ii), 51.166(b)(2)(ii), and 51.166(b)(23)(i) with
regard to treating nitrogen oxides as an ozone precursor. In
addition, the definition of ``air pollutant'' used in the State's
PSD program does not meet the requirements of 40 CFR
51.166(49)(i)(a) regarding identifying nitrogen oxides as an ozone
precursor. See 72 FR at 71699.
---------------------------------------------------------------------------
Turning to minor NSR, EPA is proposing to approve Montana's
infrastructure SIP for the 1997 ozone NAAQS with respect to the general
requirement in section 110(a)(2)(C) to include a program in the SIP
that regulates the modification and construction of any stationary
source as necessary to assure that the NAAQS are achieved. (See ARM
Chapter 17.8, Subchapter 7.) EPA is not proposing to approve or
disapprove the State's existing minor NSR program itself to the extent
that it is inconsistent with EPA's regulations governing this program.
A number of states may have minor NSR provisions that are contrary to
the existing EPA regulations for this program. EPA intends to work with
states to reconcile state minor NSR programs with EPA's regulatory
provisions for the program. The statutory requirements of section
110(a)(2)(C) provide for considerable flexibility in designing minor
NSR programs, and it may be time to revisit the regulatory requirements
for this program to give the states an appropriate level of flexibility
to design a program that meets their particular air quality concerns,
while assuring reasonable consistency across the country in protecting
the NAAQS with respect to new and modified minor sources.
4. Interstate transport: Section 110(a)(2)(D)(i) requires SIPs to
contain adequate provisions prohibiting, consistent with the provisions
of this title, any source or other type of emissions activity within
the state from emitting any air pollutant in amounts which will (I)
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state, with respect to any such national
primary or secondary ambient air quality standard, or (II) interfere
with measures required to be included in the applicable implementation
plan for any other state under part C to prevent significant
deterioration of air quality or to protect visibility.
a. EPA Analysis: EPA approved the State's Interstate Transport
provisions for the 1997 ozone and PM2.5 NAAQS on February
26, 2008 (73 FR 10150). EPA is taking no action relevant to section
110(a)(2)(D)(i) in this proposal.
5. Interstate and International transport provisions: Section
110(a)(2)(D)(ii) requires that each SIP shall contain adequate
provisions insuring compliance with applicable requirements of sections
126 and 115 (relating to interstate and international pollution
abatement).
a. Montana's response to this requirement: Although Montana
certified that its SIP met the requirements of sections 110(a)(1) and
(2) generally and 110(a)(2)(D) specifically, Montana did not identify
particular provisions to meet this requirement.
b. EPA Analysis: Section 126(a) requires notification to affected,
nearby states of major proposed new (or modified) sources. Sections
126(b) and (c) pertain to petitions by affected states to the
Administrator regarding sources violating the ``interstate transport''
provisions of section 110(a)(2)(D)(i). Section 115 similarly pertains
to international transport of air pollution.
As required by 40 CFR 51.166(q)(2)(iv), Montana's SIP-approved PSD
program requires notice to states whose lands may be affected by the
emissions of sources subject to PSD. See ARM 17.8.826(2)(d). This
suffices to meet the notice requirement of section 126(a).
Montana has no pending obligations under sections 126(c) or 115(b);
therefore, its SIP currently meets the requirements of those sections.
In summary, the SIP meets the requirements of 110(a)(2)(D)(ii) for the
1997 ozone NAAQS.
6. Adequate resources and authority: Section 110(a)(2)(E) requires
states to provide (i) necessary assurances that the state will have
adequate personnel, funding, and authority under state law to carry out
the SIP (and is not prohibited by any provision of Federal or state law
from carrying out the SIP or portion thereof), (ii) requires that the
state comply with the requirements respecting state boards under
section 128, and (iii) necessary assurances that, where the state has
relied on a local or regional government, agency, or instrumentality
for the implementation of any SIP provision, the state has
responsibility for ensuring adequate implementation of such SIP
provision.
a. Montana's response to this requirement: No state or Federal
provisions prohibit the implementation of any provision of the Montana
SIP. Montana devotes adequate resources to SIP development and
maintenance sufficient to ensure attainment and maintenance of the
NAAQS for ozone.
Montana receives from EPA grant monies intended to fund programs to
protect NAAQS. Montana allocates a portion of the EPA grant money to
fund SIP activities for attainment and maintenance of the NAAQS.
Montana imposes and collects fees from permit applicants. Montana
allocates all of the permit fee revenue to activities associated with
permitting and compliance of regulated sources of air pollutants,
including criteria pollutant emissions. Montana also receives state
general funds to conduct state air
[[Page 28939]]
quality program activities. Montana allocates all state general funding
to non-permit air program activities including SIP programs for
attainment and maintenance of the NAAQS.
The Air Resources Management Bureau has 50 fulltime equivalent
positions with an annual budget of $6.3 million for fiscal year 2010.
The program funding is broken down as follows: $163,536 from state
general funds, $1,643,940 from Federal grants, and $4,546,047 from
stationary source fees.
The provisions in State law providing for adequate resources are
contained in the MT CAA, 75-2-101 et seq., MCA. More specifically,
those provisions are contained in 75-2-102, MCA, Intent--Policy and
Purpose; 75-2-111, MCA, Powers of the Board and 75-2-112, MCA, Powers
and Responsibilities of Department.
The Montana Board of Environmental Review (BER) oversees the
Montana DEQ, including actions taken by the State air program. The
composition and requirements of the BER are detailed in 2-15-3502, MCA,
2-15-121, MCA, and 2-15-124, MCA. Laws related to conflict of interest
in Montana state government are found in 2-2-201, MCA, and 2-2-202,
MCA.
b. EPA Analysis: The provisions contained in 75-2-102, MCA, 75-2-
111, MCA, and 75-2-112, MCA, provide adequate authority for the State
of Montana and the DEQ to carry out its SIP obligations with respect to
the 1997 ozone NAAQS. The State receives sections 103 and 105 grant
funds through its Performance Partnership Grant along with required
state matching funds to provide funding necessary to carry out
Montana's SIP requirements. EPA therefore proposes to approve the
Montana infrastructure SIP with regards to the requirements of section
110(a)(2)(E) for the 1997 ozone NAAQS.
7. Stationary source monitoring system: Section 110(a)(2)(F)
requires (i) the installation, maintenance, and replacement of
equipment, and the implementation of other necessary steps, by owners
or operators of stationary sources to monitor emissions from such
sources, (ii) periodic reports on the nature and amounts of emissions
and emissions-related data from such sources, and (iii) correlation of
such reports by the state agency with any emission limitations or
standards established pursuant to the Act, which reports shall be
available at reasonable times for public inspection.
a. Montana's response to this requirement: Montana requires
stationary sources subject to State regulation to annually submit all
information necessary to complete a source emissions inventory.
Affected permits require emissions monitoring from stationary sources
of air pollution. Further, on an annual basis the Department compiles a
State emissions inventory of all regulated sources for the evaluation
of compliance with applicable standards and inclusion in EPA databases.
----------------------------------------------------------------------------------------------------------------
State rule(s) Federal action Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.105.......................... Approved........................... 66 FR 42427.
ARM 17.8.106.......................... Approved........................... 66 FR 42427.
ARM 17.8.505.......................... Not submitted...................... State only rule.
----------------------------------------------------------------------------------------------------------------
b. EPA Analysis: The provisions cited by Montana (ARM 17.8.105 and
17.8.106) pertain to testing requirements and protocols. Montana also
incorporates by reference 40 CFR part 51, appendix P, regarding minimum
monitoring requirements. (See ARM 17.8.103(1)(D)). In addition, Montana
provides for monitoring, recordkeeping, and reporting requirements for
sources subject to minor and major source permitting. EPA therefore
proposes to approve Montana's infrastructure SIP with regards to the
requirements of section 110(a)(2)(F) for the 1997 ozone NAAQS.
8. Emergency powers: Section 110(a)(2)(G) requires states to
provide for authority to address activities causing imminent and
substantial endangerment to public health, including contingency plans
to implement the emergency episode provisions in their SIPs.
a. Montana's response to this requirement: On January 3, 2006, EPA
approved Montana's Emergency Episode Avoidance Plan (EEAP) in 71 FR 19.
Montana's EEAP made provision for emergency control of all criteria
pollutants. Under authority granted by section 75-2-402, MCA, Emergency
Procedures, and the Montana's EEAP, the Department may order sources of
pollution to limit or cease emissions. The Montana CAA is not subject
to approval by EPA.
b. EPA analysis: Section 75-2-402 of the MCA provides DEQ with
general emergency authority comparable to that in section 303 of the
Act. EPA last approved revisions to the EEAP on January 3, 2006 (71 FR
19). The EEAP meets the requirements of 40 CFR part 51, Subpart H. The
SIP therefore meets the requirements of 110(a)(2)(G) for the 1997 ozone
NAAQS.
9. Future SIP revisions: Section 110(a)(2)(H) requires that SIPs
provide for revision of such plan (i) from time to time as may be
necessary to take account of revisions of such national primary or
secondary ambient air quality standard or the availability of improved
or more expeditious methods of attaining such standard, and (ii),
except as provided in paragraph 110(a)(3)(C), whenever the
Administrator finds on the basis of information available to the
Administrator that the SIP is substantially inadequate to attain the
NAAQS which it implements or to otherwise comply with any additional
requirements under this Act.
a. Montana's response to this requirement: The Montana CAA invests
in the BER the authority to adopt, amend, and repeal rules for
administering implementing, and enforcing rules promulgated to regulate
emissions of air pollutants, including rules necessary to establish
measures to attain and maintain the NAAQS. The Governor submits, for
inclusion into the SIP, rules determined to be necessary to attain and
maintain the NAAQS.
The provisions in state law providing for adoption of rules and
regulations are contained in the Montana CAA, 75-2-101 et seq., MCA.
More specifically, those provisions are contained in 75-2-102, MCA,
Intent--Policy and Purpose; 75-2-111, MCA, Powers of the Board, and 75-
2-112, MCA, Powers and Responsibilities of Department.
b. EPA analysis: Montana's statutory provisions in the Montana CAA
at 75-2-101 et seq., give the BER sufficient authority to meet the
requirements of 110(a)(2)(H).
10. Nonattainment Area Plan or Plan Revision under Part D: Section
110(a)(2)(I) requires that a SIP or SIP revision for an area designated
as a nonattainment area must meet the applicable requirements of part D
of title I of the Act (relating to nonattainment areas).
a. Montana's response to this requirement: All control plans for
non-attainment areas in Montana are
[[Page 28940]]
prepared in accordance with the applicable requirements of 42 U.S.C.
7501-7505. There are no ozone nonattainment areas in Montana.
b. EPA analysis for Section 110(a)(2)(I): As noted above, the
specific nonattainment area plan requirements of section 110(a)(2)(I)
are subject to the timing requirement of section 172, not the timing
requirement of section 110(a)(1). This element is therefore not
applicable to this action. EPA will take action on part D attainment
plans through a separate process.
11. Consultation with government officials, public notification,
PSD and visibility protection: Section 110(a)(2)(J) requires that each
SIP meet the applicable requirements of section 121 of this title
(relating to consultation), section 127 of this title (relating to
public notification), and part C of title I of the Act (relating to PSD
of air quality and visibility protection).
a. Montana's response to this requirement: Montana satisfies EPA's
requirements for intergovernmental relations, see 59 FR 2988. Montana
has not changed or revoked consultation processes since that time.
Montana holds public meetings and hearings on all SIP revisions in
accordance with 40 CFR part 51, Appendix V and Montana's open meeting
laws. See 3-2-203, MCA.\5\
---------------------------------------------------------------------------
\5\ Montana's certification cited MCA 2-2-203, which appears to
be a typographical error.
---------------------------------------------------------------------------
On January 3, 2006, EPA approved Montana's EEAP in 71 FR 19.
Montana's EEAP provides for all criteria pollutants, including ozone.
The EEAP contains provisions for disseminating information regarding an
exeedence of the NAAQS to appropriate news media, health officials, law
enforcement, and others. The Department notice includes recommendations
for actions citizens may take to reduce the impact of their activities
and reduce their exposure. Montana also complies with 40 CFR 51.930
during exceptional events.
Congress directed states to develop and implement measures to
prevent significant deterioration of air quality pursuant to 42 U.S.C.
7471. Montana adopted permitting requirements for major sources
proposing to modify or construct; PSD rules in subchapter 8 and
nonattainment New Source Review rules in subchapter 10 of Title 17,
Chapter 8, ARM. Montana continues to implement and enforce these rules.
Montana consults with Federal Land Managers as needed and/or required.
----------------------------------------------------------------------------------------------------------------
State rule(s) Federal action Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.801 et seq................... Approved........................... 60 FR 36715.
ARM 17.8.1001 et seq.................. Approved........................... 60 FR 36715.
----------------------------------------------------------------------------------------------------------------
b. EPA Analysis: The State has demonstrated that it has the
authority and rules in place to provide a process of consultation with
general purpose local governments, designated organizations of elected
officials of local governments and any Federal Land Manager having
authority over Federal land to which the SIP applies, consistent with
the requirements of CAA section 121. Furthermore, Montana's EEAP,
approved into the SIP, meets the requirements of CAA section 127.
Turning to the requirement in section 110(a)(2)(J) that the SIP
meet the applicable requirements of part C of title I of the Act, EPA
has evaluated this requirement in the context of infrastructure element
(C) in section IV.3 above. As discussed there, EPA proposes to
disapprove Montana's infrastructure SIP for the requirement in
110(a)(2)(C) that the SIP include a permit program as required in part
C, on the basis that Montana's SIP-approved PSD program does not
properly regulate nitrogen oxides as an ozone precursor. For the same
reason, EPA proposes to disapprove Montana's infrastructure SIP with
regards to the requirement in section 110(a)(2)(J) that the SIP meet
the applicable requirements of part C of title I the Act.
Finally, with regard to the applicable requirements for visibility
protection, EPA recognizes that states are subject to visibility and
regional haze program requirements under part C of the act. In the
event of the establishment of a new NAAQS, however, the visibility and
regional haze program requirements under part C do not change. Thus we
find that there is no new visibility obligation ``triggered'' under
section 110(a)(2)(J) when a new NAAQS becomes effective.
In conclusion, the Montana SIP meets the requirements of section
110(a)(2)(J) for the 1997 ozone NAAQS with regards to sections 121 and
127 of the Act, and does not meet the requirements of section
110(a)(2)(J) for the 1997 ozone NAAQS with regards to meeting the
applicable requirements of part C relating to PSD.
12. Air quality and modeling/data: Section 110(a)(2)(K) requires
that each SIP provide for (i) the performance of such air quality
modeling as the Administrator may prescribe for the purpose of
predicting the effect on ambient air quality of any emissions of any
air pollutant for which the Administrator has established a NAAQS, and
(ii) the submission, upon request, of data related to such air quality
modeling to the Administrator.
a. Montana's response to this requirement: Montana requires an
applicant proposing to construct or modify a source of criteria
pollutants to demonstrate the facility can be expected to operate in
compliance with applicable law and that it will not cause or contribute
to a violation of any NAAQS. Sources subject to the provisions of Title
17, Chapter 8, Subchapters 7, 8, 9, and 10, ARM (regulating
construction of new or modified major stationary sources consistent
with PSD and New Source Review (NSR) requirements) shall demonstrate
the facility can be expected to operate in compliance with applicable
law and that it will not cause or contribute to a violation of any
NAAQS.
----------------------------------------------------------------------------------------------------------------
State rule(s) Federal action Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.701 et seq................... Approved........................... 60 FR 36715.
ARM 17.8.801 et seq................... Approved........................... 60 FR 36715.
ARM 17.8.901 et seq................... Approved........................... 60 FR 36715.
ARM 17.8.1001 et seq.................. Approved........................... 60 FR 36715.
----------------------------------------------------------------------------------------------------------------
[[Page 28941]]
Absent any privacy restrictions regarding the release of
proprietary business information, all preconstruction data and analysis
regarding the results of source predictive modeling for purposes of
NAAQS compliance is public information available for anyone, including
EPA, to review upon request.
b. EPA Analysis: Montana's SIP meets the requirements of CAA
section 110(a)(2)(K) for the 1997 ozone NAAQS. In particular, Montana's
PSD program (see ARM 17.8.821(1)) requires estimates of ambient air
concentrations to be based on the applicable air quality models, data
bases, and other requirements specified in Appendix W of 40 CFR part
51, pertaining to the Guidelines on Air Quality Models. As a result,
the SIP provides for such air quality modeling as the Administrator has
prescribed.
13. Permitting fees: Section 110(a)(2)(L) requires SIPs to require
the owner or operator of each major stationary source to pay to the
permitting authority, as a condition of any permit required under this
act, a fee sufficient to cover (i) the reasonable costs of reviewing
and acting upon any application for such a permit, and (ii) if the
owner or operator receives a permit for such source, the reasonable
costs of implementing and enforcing the terms and conditions of any
such permit (not including any court costs or other costs associated
with any enforcement action), until such fee requirement is superseded
with respect to such sources by the Administrator's approval of a fee
program under title V.
a. Montana's response to this requirement: Montana has an approved
Title V permitting program. Montana requires an applicant proposing to
construct or modify an air pollution source to pay an application fee.
See ARM 17.8.504. Pursuant to ARM 7.8.505, Montana assesses an annual
air quality operation fee against the owner or operator of any source
issued a Montana air quality permit or an operating permit or which is
registered with the Department as an oil and gas facility under ARM
17.8.1701, et seq.
----------------------------------------------------------------------------------------------------------------
State rules(s) Federal action Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.504.......................... Not Submitted...................... State only rule.
ARM 17.8.505.......................... Not submitted...................... State only rule.
ARM 17.8.1701, et seq................. Pending............................ MT submitted 11/1/06.
----------------------------------------------------------------------------------------------------------------
b. EPA Analysis: Montana's approved title V operating permit
program meets the requirements of CAA section 110(a)(2)(L) for the 1997
ozone NAAQS. As discussed in the Direct Final Rule approving the
State's title V program (65 FR 37049, June 13, 2000), the State
demonstrated that the fees collected were sufficient to administer the
program.
14. Consultation/participation by affected local entities: Section
110(a)(2)(M) requires states to provide for consultation and
participation in SIP development by local political subdivisions
affected by the SIP.
a. Montana's response to this requirement: As a matter of practice,
the Department consults with the local agencies when necessary to
implement a control plan for a nonattainment area. The Department also
meets with county air pollution control program staff and discusses
monitoring issues, including ozone, prior to making decisions regarding
monitoring needs, monitor type, locations, and monitoring schedules.
Section 75-2-112(2)(j) of the Montana CAA requires the Department
to `` * * * advise, consult, contract, and cooperate with other
agencies of the state, local governments, industries, other states,
interstate and interlocal agencies, the United States, and any
interested persons or groups; * * * ''
Parties affected by Department actions, including local political
subdivisions, may petition the BER for a hearing and address of their
grievances, see ARM 17.8.140, 17.8.141, and 17.8.142.
----------------------------------------------------------------------------------------------------------------
State rule(s) Federal action Action reference
----------------------------------------------------------------------------------------------------------------
ARM 17.8.140.......................... Approved........................... 66 FR 42427.
ARM 17.8.141.......................... Approved........................... 66 FR 42427.
ARM 17.8.142.......................... Approved........................... 66 FR 42427.
----------------------------------------------------------------------------------------------------------------
b. EPA Analysis: Montana's submittal meets the requirements of CAA
section 110(a)(2)(M) for the 1997 ozone NAAQS.
V. What action is EPA taking?
In this action, EPA is proposing to approve the following
infrastructure elements for the 1997 ozone NAAQS: (A), (B), (C) with
regards to the requirement to have a SIP-approved minor NSR program,
(D)(ii), (E), (F), (G), (H), (J) with regards to the requirements of
sections 121 and 127 of the Act, (K), (L), and (M).
In this action, EPA is proposing to disapprove the following
infrastructure elements for the 1997 ozone NAAQS: (C) with regards to
the requirement for the SIP to include a permit program as required in
part C of title I of the Act, and (J) with regards to the requirement
for the SIP to meet the applicable requirements of part C relating to
PSD.
In this action, EPA is taking no action on infrastructure elements
(D)(i) and (I) for the 1997 ozone NAAQS.
VI. Statutory and Executive Order Reviews
Under the CAA, 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 CAA. Accordingly, this
proposed action merely approves some state law as meeting Federal
requirements and disapproves other state law because it does not meet
Federal requirements; this proposed action does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed 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.);
[[Page 28942]]
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 CAA; 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: May 12, 2011.
James B. Martin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011-12357 Filed 5-18-11; 8:45 am]
BILLING CODE 6560-50-P
