Approval and Disapproval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana-Air Quality, Subchapter 7 and Other Subchapters, 40237-40242 [2011-16935]
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations
List of Subjects in 33 CFR Part 117
DEPARTMENT OF HOMELAND
SECURITY
Bridges.
For the reasons discussed in the
preamble, the Coast Guard is amending
33 CFR part 117 as follows:
Coast Guard
33 CFR Part 117
[Docket No. USCG–2011–0594]
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
Drawbridge Operation Regulation;
Illinois Waterway, Near Morris, IL
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–
1(g); Department of Homeland Security
Delegation No. 0170.1.
2. In § 117.789, paragraph (b)(1) is
temporarily suspended from July 9,
2011 through September 30, 2011, and
paragraph (b)(3) is temporarily added
from July 9, 2011 through September 30,
2011, to read as follows:
Harlem River.
*
*
*
*
*
(b)(3) The draws of the bridges at 103
Street, mile 0.0, need not open for the
passage of vessel traffic from July 9,
2011, through September 30, 2011. The
draws of the 125 Street (Triborough)
bridge, mile 1.3, the Willis Avenue
Bridge, mile 1.9, the Madison Avenue
Bridge, mile 2.3, the 145 Street Bridge,
mile 2.8, the Macombs Dam Bridge, mile
3.2, the 207 Street Bridge, mile 6.0, and
the Broadway Bridge, mile 6.8, shall
open on signal if at least a four hour
advance notice is given to the New York
City Highway Radio (Hotline) Room and
the Triborough Bridge and Tunnel
Authority (TBTA) for the 125 Street
(Triborough) Bridge at mile 1.3. The
draws of the above bridges, except the
Broadway Bridge, need not open for the
passage of vessel traffic from 6 a.m. to
9 a.m., and 5 p.m. to 7 p.m., Monday
through Friday, except Federal holidays.
The draw of the Broadway Bridge need
not open for the passage of vessel traffic
from 7 a.m. to 10 a.m. and 4 p.m. to 7
p.m., Monday through Friday, except
Federal holidays.
*
*
*
*
*
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Dated: June 22, 2011.
Daniel A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2011–17115 Filed 7–7–11; 8:45 am]
BILLING CODE 9110–04–P
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ACTION:
The Commander, Eighth
Coast Guard District, has issued a
temporary deviation from the regulation
governing the operation of the Elgin,
Joliet, and Eastern Railroad Drawbridge
across the Illinois Waterway, mile 270.6,
near Morris, Illinois. The deviation is
necessary to allow removal of the
existing lift span and installation of the
replacement lift span. This deviation
allows the bridge to be maintained in
the closed-to-navigation position for
eighty-four hours.
DATES: This deviation is effective
starting 7 a.m. on July 9, 2011 through
7 p.m. on July 12, 2011.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2011–
0594 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–0594 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
e-mail Eric A. Washburn, Bridge
Administrator, Western Rivers, Coast
Guard; telephone (314) 269–2378, email Eric.Washburn@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: The
Canadian National Railroad requested a
temporary deviation for Elgin, Joliet,
and Eastern Railroad Drawbridge, across
the Illinois Waterway, mile 270.6, near
Morris, Illinois to remain in the closedto-navigation position for eighty-four
hours while the existing lift span is
removed and the replacement lift span
is installed. The Elgin, Joliet, and
Eastern Railroad Drawbridge currently
operates in accordance with 33 CFR
SUMMARY:
■
§ 117.789
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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40237
117.5, which states the general
requirement that drawbridges shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Illinois Waterway.
The Elgin, Joliet, and Eastern Railroad
Drawbridge, in the closed-to-navigation
position, provides a vertical clearance of
26.3 feet above flat pool. Due to
construction activities, vessels will be
unable to pass the bridge site during this
84-hour period. Navigation on the
waterway consists primarily of
commercial tows and recreational
watercraft. This temporary deviation has
been coordinated with waterway users.
No objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: June 22, 2011.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2011–17111 Filed 7–7–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0601; FRL–9223–4]
Approval and Disapproval and
Promulgation of Air Quality
Implementation Plans; Montana;
Revisions to the Administrative Rules
of Montana—Air Quality, Subchapter 7
and Other Subchapters
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is partially approving
and partially disapproving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
August 26, 1999, May 28, 2003, March
9, 2004, October 25, 2005, and October
16, 2006. The revisions contain new,
amended, and repealed rules in
Subchapter 7 (Permit, Construction, and
Operation of Air Contaminant Sources)
that pertain to the issuance of Montana
air quality permits, in addition to other
minor administrative changes to other
subchapters of the Administrative Rules
of Montana (ARM). In this action, EPA
is approving those portions of the rules
that are approvable and disapproving
those portions of the rules that are
SUMMARY:
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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations
inconsistent with the Clean Air Act
(CAA). This action is being taken under
section 110 of the CAA.
DATES: Effective Date: This final rule is
effective August 8, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2006–0601. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. 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. Publiclyavailable 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:
Kevin Leone, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–6227, or leone.kevin@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.
(iv) The words State or Montana
mean the State of Montana, unless the
context indicates otherwise.
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Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
The CAA (section 110(a)(2)(C)) and 40
CFR 51.160 require states to have legally
enforceable procedures to prevent
construction or modification of a source
if it would violate any SIP control
strategies or interfere with attainment or
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maintenance of the National Ambient
Air Quality Standards (NAAQS). Such
minor New Source Review (NSR)
programs are for pollutants from
stationary sources that do not require
Prevention of Significant Deterioration
(PSD) or nonattainment NSR permits.
States may customize the requirements
of the minor NSR program as long as
their program meets minimum
requirements.
In a proposed rule action published
on March 4, 2010, EPA proposed to
partially approve and partially
disapprove revisions to the State of
Montana’s State Implementation Plan
(SIP) submitted on August 26, 1999,
May 28, 2003, March 9, 2004, October
25, 2005, and October 16, 2006 (as
described below). The revisions contain
new, amended, and repealed rules in
Subchapter 7 (Permit, Construction and
Operation of Air Contaminant Sources)
that pertain to the issuance of Montana
air quality permits, and in addition
other subchapters of the ARM.
A. August 26, 1999 Submittal
On August 26, 1999, the Governor of
Montana submitted a SIP revision
request. The revision contains amended
and repealed rules to various
subchapters in the ARM that were
adopted by the Montana Board of
Environmental Review (Board) on May
14, 1999. Specific to Subchapter 7
(Permit, Construction, and Operation of
Air Contaminant Sources), the submittal
revised ARM 17.8.705 and 17.8.733 and
repealed ARM 17.8.708. However, as
indicated below, a May 28, 2003
submittal rescinded the August 26, 1999
revisions to ARM 17.8.705 and 17.8.733.
B. May 28, 2003 Submittal
On May 28, 2003, the Governor of
Montana submitted a SIP revision
request. The revision contains new,
amended, and repealed rules adopted by
the Board on December 6, 2002. The
new and repealed rules pertain to the
issuance of Montana air quality permits
and are in Subchapter 7 of the ARM.
The amended rules contain references to
the new and repealed rules.
The new rules include: ARM
17.8.740, 17.8.743, 17.8.744, 17.8.745,
17.8.748, 17.8.749, 17.8.752, 17.8.755,
17.8.756, 17.8.759, 17.8.760, 17.8.762,
17.8.763, 17.8.764, 17.8.765, 17.8.767,
and 17.8.770.
The repealed SIP-approved rules
include: ARM 17.8.701, 17.8.702,
17.8.704, 17.8.705, 17.8.706, 17.8.707,
17.8.710, 17.8.715, 17.8.716, 17.8.717,
17.8.720, 17.8.730, 17.8.731, 17.8.732,
17.8.733, and 17.8.734.
The amended SIP-approved rules
include: ARM 17.8.101, 17.8.110,
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17.8.309, 17.8.310, 17.8.818, 17.8.825,
17.8.826, 17.8.901, 17.8.904, 17.8.905,
17.8.906, 17.8.1004, 17.8.1005,
17.8.1106, and 17.8.1109.
The May 28, 2003 submittal also
rescinded outstanding SIP submissions
for rules that amended the following:
ARM 17.8.702, adopted July 20, 2001
and submitted on December 20, 2001 1;
and ARM 17.8.705 and 17.8.733,
adopted on May 14, 1999 and submitted
on August 26, 1999.
C. March 9, 2004 Submittal
On March 9, 2004, the Governor of
Montana submitted a SIP revision
request. The revision contains amended
rules adopted by the Board on
September 26, 2003. The amended rules
pertain to the issuance of Montana air
quality permits. The following rules
were amended: ARM 17.8.749, 17.8.759,
17.8.763, and 17.8.764.
D. October 25, 2005 Submittal
On October 25, 2005, the Governor of
Montana submitted a SIP revision
request. The revision contains amended
rules adopted by the Board on June 3,
2005. EPA approved all of the October
25, 2005 submittal on July 19, 2006 (71
FR 40922), except for ARM 17.8.767. We
are addressing ARM 17.8.767 in this
action.
E. October 16, 2006 Submittal
On October 16, 2006, the Governor of
Montana submitted a SIP revision
request. The revision contains an
amended rule for ARM 17.8.743(1) and
new rules codified as ARM 17.8.1601,
17.8.1602, 17.8.1603, 17.8.1604,
17.8.1605, and 17.8.1606, and ARM
17.8.759 adopted by the Board on
December 2, 2005. The submittal also
requested to withdraw ARM
17.8.743(1)(c) from being incorporated
into the SIP. We are addressing ARM
17.8.759 in this action. The revision to
ARM 17.8.743(1) and the new rules
pertain to the regulation of oil and gas
well facilities, and we will address this
revision request in a separate action.
II. Response to Comments
EPA received one letter from
WildEarth Guardians (WG) commenting
on EPA’s Federal Register action
proposing approval and disapproval of
the Montana SIP Provisions in Docket
1 Note that the May 28, 2003 submittal requested
rescinding revisions to ARM 17.8.702, adopted on
July 20, 2001 and submitted on December 20, 2001.
EPA had already approved the revisions to ARM
17.8.702 (see 67 FR 55125, 8/28/02, and 40 CFR
52.1370(c)(55)) by the time we had received the
May 28, 2003 letter. However, the May 28, 2003
submittal also requests that all of ARM 17.8.702 be
repealed. We are proposing to remove ARM
17.8.702 from the federally-approved SIP.
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ID No. EPA–R08–OAR–2006–0601. In
this section EPA responds to the
significant adverse comments made by
the commenter.
Comment No. 1—The commenter
opposed EPA’s approval of ARM
17.8.743(2) and (3). The commenter
alleges that these rules directly
contradict 40 CFR 51.160. To the extent
the commenter makes this argument,
EPA responds below.
EPA Response—EPA disagrees with
the commenter’s assessment. First, the
commenter references 40 CFR 51.160(b)
in particular, the requirement that a
plan must set forth legally enforceable
procedures which include a means for
the State or local permitting agency to
prevent construction or modification of
a source if it will interfere with
applicable portions of the control
strategy or the attainment or
maintenance of a national standard. The
commenter asserts that ARM 17.8.743(2)
allows a stationary source to initiate
construction activities upon receipt of a
‘‘completeness determination’’ pursuant
to ARM 17.8.759 and that the
‘‘completeness determination’’
requirements are insufficient to show
compliance with 40 CFR 51.160(b).
EPA has determined the Montana
rules are consistent with the CAA and
EPA regulations, and therefore
approvable as a SIP revision. Section
110(a)(2)(C) of the CAA requires that
SIPs include a program for regulating
the construction and modification of
stationary sources as necessary to
ensure that the NAAQS are achieved.
The Montana regulations clearly
regulate the construction and
modification of stationary sources and
ensure that the NAAQS will be met. In
addition, as explained in the proposed
rule, EPA’s regulations at 40 CFR 51.160
do not require the issuance of a permit
for the construction or modification of
minor sources, but only that the SIP
include legally enforceable procedures
to prevent the construction of a source
or modification that would violate the
SIP control strategy or interfere with
attainment or maintenance of the
NAAQS. EPA-approved SIP minor NSR
programs in several states do not require
permits prior to construction, but
instead contain other enforceable
procedures. See 75 FR 54562 (Sept. 26,
2007) (Missouri), 68 FR 2217 (Jan. 16,
2003) (Idaho).
Montana’s rules include enforceable
procedures to prevent the construction
of any source or modification that
would violate SIP requirements. In
determining whether or not the SIP
includes these legally enforceable
procedures, EPA does not look at a
particular component of an
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implementation plan in isolation (such
as ARM 17.8.743(2) and (3)). EPA must
be able to determine that, with the
revisions in place, the whole ‘‘plan as
revised’’ meets the requirements of
51.160. In addition, Montana’s rule
contains sufficient safeguards to meet
the requirements of 51.160. First, the
State is not obligated to issue a permit
where the owner or operator received a
completeness determination. ARM
17.8.743(4). Second, the rule contains a
provision indicating that if the owner or
operator proceeds with the initial
construction activities it accepts the
regulatory risks of engaging in such
activities. ARM 17.8.743(4). Third,
Montana’s rule contains safeguards
regarding the type of activity allowed
before permit issuance. The rule only
allows installing concrete foundations
work, below ground plumbing,
installing ductwork, and other
infrastructure and/or excavation work
involving the same. ARM 17.8.743(2).
Fourth, the rule specifically prohibits
the construction or installation of
emission units (without a permit or a
State determination that the unit will
not interfere with the NAAQS or a
control strategy). ARM 17.8.743(2). Thus
EPA disagrees with the commenter’s
suggestion that the rule does not state
that construction or modification of the
emission units subject to permitting
cannot commence prior to issuance of
the permit.
EPA has determined the addition of
ARM 17.8.743(2) and (3) to the Montana
Air Quality Program (MAQP) do not
compromise the legally enforceable
procedures in the MAQP and meet the
requirements of 40 CFR 51.160.
The commenter also suggests that the
phrase ‘‘[a] true minor source is not
subject to PSD requirements and is not
subject to other federal requirements’’ is
confusing and appears to be a
contradiction to the requirements of 40
CFR 51.160.
During the rulemaking process, EPA’s
intent was to make it explicitly clear
that ARM 17.8.743(2) and (3) only apply
to ‘‘true’’ minor sources in order to
ensure that sources that are subject to
federal requirements (i.e., PSD and
synthetic minors) do not begin any
construction prior to permit issuance.
17.8.743(5) states: ‘‘The provisions of (2)
do not supersede any other local, State,
or federal requirements associated with
the activities set forth therein.’’ EPA has
interpreted ‘‘federal requirements’’ to
mean synthetic minor permit limits.
PSD provisions remain applicable until
a proposed project legally obtains
synthetic minor status (i.e., obtains
permitted limits which limit the source
below the PSD thresholds). Therefore,
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EPA has concluded that the rule only
applies to true minor sources.
Comment No. 2—The commenter
opposed EPA’s approval of ARM
17.8.752(1)(a)(i), alleging that this
approval appears contrary to Section
110(l) of the CAA in that it would
weaken current permitting requirements
and will lead to more air pollution than
would otherwise be allowed. The
commenter states that the current minor
source Best Available Control
Technology (BACT) provision (triggered
for an entire source) has been relied
upon by Montana and EPA to ensure
that the NAAQS will be attained and
maintained pursuant to Section 110 of
the CAA. The commenter acknowledges
there is no federal requirement for
minor source BACT. To the extent the
commenter makes this argument, EPA
responds below.
EPA Response—EPA disagrees with
this comment. As the commenter points
out, there is no federal requirement for
BACT for minor sources and the
inclusion of ARM 17.8.752(1)(a)(i) is a
‘‘discretionary’’ control measure.
Measures not tied to an area’s
classification and not mandated by the
CAA are often referred to as
‘‘discretionary’’ measures. States can
remove discretionary measures from
attainment, nonattainment or
maintenance plans. In this instance, the
State has not removed this discretionary
control measure from its SIP, but has
revised it. This revision results in minor
source BACT applying only to the
specific emissions unit being modified
as opposed to the whole source. This
revision will result in fewer sources
postponing or foregoing modifying
emission units, even those that would
implement emission reductions, in
order to avoid a comprehensive review
and expensive upgrades to an entire
facility.
EPA again notes that maintaining
compliance with the NAAQS and
Section 110 of the CAA is not
dependent on a single component of the
Montana ARM or a single revision of the
SIP, but how the revisions as a whole
affect attainment and maintenance of
the NAAQS. ARM 17.8.752 has been
used in addition to the remainder of the
MAQP rules, individual control plans
for nonattainment areas, generally
applicable rules prohibiting certain
emitting activities, open burning rules,
etc. in order to ensure compliance with
the NAAQS. ARM 17.8.752, as revised
in this rule, does not weaken the MAQP
program and thus a 110(l) analysis is not
required before EPA can approve this
provision.
Comment No. 3—The commenter
states that the SIP revisions do not set
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forth legally enforceable procedures that
enable the State to determine how
construction or modification of a
stationary source impacts the ambient
air quality standards and how these
impacts will be assessed, in particular
the ozone and PM2.5 NAAQS, as
required by 40 CFR 160(a)(2). The
commenter further alleges that the SIP,
in general, is not consistent with the
procedures set forth in 40 CFR 160.
EPA Response—EPA disagrees with
this comment. The revisions being
approved in this action provide legally
enforceable procedures for Montana’s
minor NSR to determine whether the
construction of a new or modified
source will result in interference with
the NAAQS. ARM 17.8.743 requires
sources to obtain a Montana air quality
permit or a completeness determination
before construction of a source may
begin. ARM 17.8.743(3) states ‘‘* * *
the department may issue a letter
instructing the owner or operator to
immediately cease such activities
pending a final determination on an
application if it finds that the proposed
project would result in a violation of the
State Implementation Plan or would
interfere with the attainment or
maintenance of any federal or state
ambient air quality standard.’’ This
satisfies the requirement of 40 CFR
51.160(a)(2) because it is a legally
enforceable procedure that enables the
State to prevent violations of the control
strategy or interference with the
NAAQS.
SIP revisions being approved in this
action are not intended to determine the
ability of the SIP as a whole to
implement, maintain, and enforce each
NAAQS promulgated by the EPA. For
example, Montana submitted a SIP
revision to demonstrate that the State
meets the requirements of Section
110(a)(1) and (2) of the Clean Air Act for
ozone and PM2.5. This revision
addresses basic SIP requirements,
including emission inventories,
monitoring, enforcement of emission
limits and control measures, and
modeling to assure attainment and
maintenance of the standards. The
evaluation of these ‘‘infrastructure’’
SIPs, as well as currently approved
section 110 SIPs, need to be considered
in determining whether the SIP as a
whole provides appropriate legally
enforceable procedures to ensure
attainment and maintenance of the
NAAQS.
III. Final Action
EPA is partially approving and
partially disapproving SIP revisions
submitted by the State of Montana on
August 26, 1999, May 28, 2003, March
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9, 2004, October 25, 2005, and October
16, 2006. First, in this action EPA is
approving the removal of the following
provisions from the federally-approved
SIP: ARM 17.8.701, 17.8.702, 17.8.704,
17.8.705, 17.8.706, 17.8.707, 17.8.710,
17.8.715, 17.8.716, 17.8.717, 17.8.720,
17.8.730, 17.8.731, 17.8.732, 17.8.733,
and 17.8.734.
Second, EPA is approving the
following new Subchapter 7 provisions
into the federally-approved SIP: ARM
17.8.740 (except 17.8.740(10) and (14)
and the following phrases in
17.8.740(8)(a) and (c), respectively, (1)
‘‘except when a permit is not required
under ARM 17.8.745’’ and (2) ‘‘except as
provided in ARM 17.8.745’’ and the
phrase ‘‘reasonable period of time for
startup and shutdown’’ in ARM
17.8.740(2)), submitted on May 28,
2003; 17.8.743 (except the phrases
‘‘asphalt concrete plants, mineral
crushers’’ in 17.8.743(1)(b) ‘‘and
17.8.745’’ in 17.8.743(1), and
17.8.743(1)(c)), submitted on May 28,
2003; 17.8.744 and 17.8.748, submitted
on May 28, 2003; 17.8.749(1), (3), (4),
(5), (6), and (8), submitted on May 28,
2003; 17.8.749(7), submitted on March
9, 2004; 17.8.752, 17.8.755, and
17.8.756, submitted on May 28, 2003;
17.8.759(1) through (3), submitted on
May 28, 2003; 17.8.759(4) through (6),
submitted on October 16, 2006; 17.8.760
and 17.8.762, submitted on May 28,
2003; 17.8.763(1) and (4), submitted on
May 28, 2003; 17.8.763(2) and (3),
submitted on March 9, 2004; 17.8.764(1)
(except the phrase ‘‘the emission
increase meets the criteria in ARM
17.8.745 for a de minimis change not
requiring a permit’’ in 17.8.764(1)(b))
and (4), submitted on May 28, 2003;
17.8.764(2) and (3), submitted on March
9, 2004; 17.8.765, submitted on May 28,
2003; 17.8.767(1)(a) through (c),
submitted on May 28, 2003; and
17.8.767(1)(d) through (g), (2), (3), and
(4), submitted on October 25, 2005.
Third, EPA is disapproving the
following new Subchapter 7 provisions:
ARM 17.8.749(2), ARM 17.8.740(10),
17.8.740(14); and portions of
17.8.740(2).
Fourth, EPA is approving revisions to
the following sections of other
subchapters submitted on May 28, 2003:
ARM 17.8.101(4); 17.8.110(7), (8), and
(9); 17.8.818(1); 17.8.825(3); 17.8.826(1)
and (2); 17.8.904(1) and (2); 17.8.905(1)
and (4); 17.8.906; 17.8.1004;
17.8.1005(1), (2), and (5); 17.8.1106; and
17.8.1109.
Additionally, EPA is not acting, at the
request of the State, on the following
provisions in Subchapter 7: ARM
17.8.743(1)(c) and ARM 17.8.770, the
phrase ‘‘asphalt concrete plants, mineral
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crushers’’ in ARM 17.8.743(1)(b) and
ARM 17.8.745 submitted on May 28,
2003.
Note that, with respect to Montana’s
rules relating to new source review, EPA
has determined that Montana’s rules
meet the requirements of 40 CFR part
51, subpart I, as currently in effect. And
while EPA is approving the state’s
permit to construct rules, EPA
recognizes that it has a responsibility to
insure that all states properly
implement their preconstruction
permitting programs. Therefore, EPA’s
approval of Montana’s rules in no way
divests EPA of our continued oversight
(as set forth in CAA sections 113, 167,
and 505(b)) to insure that Montana’s
permits are consistent with the CAA,
EPA regulations, and the SIP.
Consistent with EPA’s proposal, this
SIP approval does not extend to Indian
country in Montana. See 75 FR 9843.
Finally, EPA is not acting on the
following provisions of other
subchapters because they were either
disapproved in a previous action or they
relate to a rule EPA is not taking action
on: the following phrases in
17.8.740(8)(a) and (c), respectively, (1)
‘‘except when a permit is not required
under ARM 17.8.745’’ and (2) ‘‘except as
provided in ARM 17.8.745,’’ submitted
on May 28, 2003; ARM 17.8.309(5)(b),
17.8.310(3)(e), 17.8.316(6), and
17.8.901(14)(e)(iii), submitted on May
28, 2003; the phrase ‘‘and 17.8.745’’ in
ARM 17.8.743(1), submitted on May 28,
2003; ARM 17.8.749(2) submitted on
May 28, 2003; the phrase ‘‘the emission
increase meets the criteria in ARM
17.8.745 for a de minimis change not
requiring a permit,’’ in ARM
17.8.764(1)(b), submitted on May 28,
2003; and ARM 17.8.743(1), 17.8.1601,
17.8.1602, 17.8.1603, 17.8.1604,
17.8.1605, and 17.8.1606, submitted on
October 16, 2006.
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
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Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 6,
2011. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 24, 2010.
James B. Martin,
Regional Administrator, Region 8.
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Amend § 52.1370 by adding
paragraphs (c)(49)(i)(F), (c)(55)(i)(B), and
(c)(70) to read as follows:
■
§ 52.1370
Identification of plan.
*
*
*
*
*
(c) * * *
(49) * * *
(i) * * *
(F) Previously approved in paragraph
(c)(49)(i)(A) under Subchapter 7: Permit,
Construction, and Operation of Air
Contaminant Sources. These sections
are now deleted without replacement:
ARM 17.8.701, Definitions; ARM
17.8.702, Incorporation by Reference
(excluding 17.8.702(1)(f)); ARM
17.8.704, General Procedures for Air
Quality Preconstruction Permitting;
17.8.705, When Permit RequiredExclusions; 17.8.706, New or Altered
Sources and Stacks-Permit Application
Requirements; 17.8.707 Waivers;
17.8.710, Conditions for Issuance of
Permit; 17.8.715, Emission Control
Requirements; 17.8.716, Inspection of
Permit; 17.8.717, Compliance with
Other Statutes and Rules; 17.8.720,
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Public Review of Permit Applications;
17.8.730, Denial of Permit; 17.8.731,
Duration of Permit; 17.8.732, Revocation
of Permit; 17.8.733, Modification of
Permit; 17.8.734, Transfer of Permit, as
adopted by Montana on 12/9/1996 and
effective 12/27/2002.
*
*
*
*
*
(55) * * *
(i) * * *
(B) Previously approved in paragraph
(c)(55)(i)(A) under Subchapter 7: Permit
Construction and Operation of Air
Contaminant Sources. This section is
now deleted without replacement: ARM
17.8.702(1)(g), Incorporation by
Reference, as adopted by Montana on
7/20/2001 and effective 12/27/2002.
*
*
*
*
*
(70) On May 28, 2003, March 9, 2004,
October 25, 2005 and October 16, 2006,
the State of Montana submitted
revisions to its State Implementation
Plan (SIP) that contained new, revised,
amended and repealed rules pertaining
to the issuance of Montana air quality
permits in addition to minor
administrative changes to other
subchapters of the Administrative Rules
of Montana (ARM).
(i) Incorporation by reference.
(A) Letter from David L. Klemp,
Montana State Air Director, to Deborah
Lebow Aal, Acting Air Program
Director, dated April 29, 2011. For
certain sections, the following
incorporates by reference official State
of Montana publications of the
Administrative Rules of Montana that
are dated after the effective date shown
in the incorporation by reference for
each section. In these instances, the
official publication provides a history
for the section showing the last effective
date of a change. For each of these
sections, the last effective date of a
change matches the effective date of the
section, showing that the official
publication reflects the text of the
section as of the effective date shown in
the following incorporation by
reference. The sections, their effective
dates, and the date of the publication
are as follows: ARM 17.8.825, effective
12/27/2002, publication 9/30/2006;
ARM 17.8.826, effective 12/27/2002,
publication 9/30/2006; ARM 17.8.906,
effective 12/27/2002, publication 6/30/
2003; ARM 17.8.740, effective 12/27/
2002, publication 9/30/2006; ARM
17.8.744, effective 12/27/2002,
publication 12/31/2005; ARM 17.8.752,
effective 12/27/2002, publication 6/30/
2006; ARM 17.8.755, effective 12/27/
2002, publication 6/30/2006; ARM
17.8.756, effective 12/27/2002,
publication 6/30/2006; ARM 17.8.767,
effective 12/27/2002, publication 3/31/
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2004; ARM 17.8.749, effective 10/17/
2003, publication 6/30/2006; ARM
17.8.759, effective 10/17/2003,
publication 12/31/2003; ARM 17.8.763,
effective 10/17/2003, publication 6/30/
2006; ARM 17.8.764, effective 10/17/
2003, publication 6/30/2006; ARM
17.8.602, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.767,
effective 6/17/2005, publication 6/30/
2006; ARM 17.8.802, effective 6/17/
2005, publication 12/31/2005; ARM
17.8.1102, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.759,
effective 12/23/2005, publication 9/30/
2006.
(B) ARM submission dated May 28,
2003.
(1) The following provisions of the
ARM are amended effective 12/27/2002:
17.8.101, Definitions, (4) ‘‘Air quality
preconstruction permit,’’; 17.8.110,
Malfunctions, (7), (8), and (9); 17.8.818,
Review of Major Stationary Sources and
Major Modifications—Source
Applicability and Exemptions, (1);
17.8.825, Sources Impacting Federal
Class I Areas—Additional
Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana
Air Quality Permit Required; 17.8.905,
Additional Conditions of Montana Air
Quality Permit, (1) and (4); 17.8.906,
Baseline for Determining Credit for
Emissions and Air Quality Offsets;
17.8.1004, When Montana Air Quality
Permit Required; 17.8.1005, Additional
Conditions of Montana Air Quality
Permit, (1), (2) and (5); 17.8.1106,
Visibility Impact Analysis; 17.8.1109,
Adverse Impact and Federal Land
Manager.
(2) The following new provisions of
the ARM are effective 12/27/2002:
17.8.740, Definitions, (except for the
phrase in 17.8.740(2) ‘‘includes a
reasonable period of time for startup
and shakedown and’’; the phrase in
17.8.740(8)(a) ‘‘, except when a permit
is not required under ARM 17.8.745’’;
the phrase in 17.8.740(8)(c) ‘‘, except as
provided in ARM 17.8.745’’;
17.8.740(10) ‘‘Negligible risk to the
public health, safety, and welfare and to
the environment’’; and 17.8.740(14)
‘‘Routine Maintenance, repair, or
replacement’’); 17.8.743, Montana Air
Quality Permits—When Required,
(except the phrase in 17.8.743(1) ‘‘and
17.8.745,’’, the phrase in 17.8.743(1)(b)
‘‘asphalt concrete plants, mineral
crushers, and’’, and 17.8.743(1)(c));
17.8.744, Montana Air Quality
Permits—General Exclusions; 17.8.748,
New or Modified Emitting Units—Permit
Application Requirements; 17.8.749,
Conditions For Issuance or Denial of
Permit, (1), (3), (4), (5), (6), and (8);
17.8.752, Emission Control
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Requirements; 17.8.755, Inspection of
Permit; 17.8.756, Compliance with
Other Requirements; 17.8.759, Review of
Permit Applications, (1) through (3);
17.8.760, Additional Review of Permit
Applications; 17.8.762, Duration of
Permit; 17.8.763, Revocation of Permit,
(1) and (4); 17.8.764, Administrative
Amendment to Permit, (1) (except for
the phrase in 17.8.764(1)(b) ‘‘unless the
increase meets the criteria in ARM
17.8.745 for a de minimis change not
requiring a permit, or’’), (2) and (3);
17.8.765, Transfer of Permit; 17.8.767,
Incorporation by Reference, (1)(a)
through (c).
(C) ARM submission dated March 09,
2004.
(1) The following provisions of the
ARM are amended effective 10/17/2003:
17.8.749, Conditions For Issuance or
Denial of Permit, (7); 17.8.759, Review
of Permit Applications; 17.8.763,
Revocation of Permit, (2) and (3);
17.8.764, Administrative Amendment to
Permit, (2) and (3).
(D) ARM submission dated October
25, 2005.
(1) The following provisions of the
ARM are amended effective 6/17/2005:
17.8.102, Incorporation by Reference—
Publication Dates; 17.8.103,
Incorporation by Reference and
Availability of Referenced Documents;
17.8.302, Incorporation by Reference;
17.8.602, Incorporation by Reference;
17.8.767, Incorporation by Reference,
(1)(d) through (g), (2), (3), and (4);
17.8.802, Incorporation by Reference;
17.8.902, Incorporation by Reference;
17.8.1002, Incorporation by Reference;
17.8.1102, Incorporation by Reference.
(E) ARM submission dated October
16, 2006.
(1) The following provisions of the
ARM are amended effective 12/23/2005:
17.8.759, Review of Permit Applications,
(4) through (6).
*
*
*
*
*
Editorial Note: This document was
received in the Office of the Federal Register
on June 30, 2011.
[FR Doc. 2011–16935 Filed 7–7–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–1002; FRL–9430–7]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Modifications to Indiana Prevention of
Significant Deterioration and Nonattainment New Source Review Rules
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving Indiana’s
modifications to its Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) rules. The amendments include
grammatical changes, corrections to
numbering, addition of definitions
consistent with Federal PSD and NNSR
regulations, and removal of references to
provisions which were vacated in the
Federal rules. Indiana submitted these
rule revisions to EPA for approval on
November 24, 2010. They are consistent
with the current Federal PSD and NNSR
regulations.
DATES: This direct final rule will be
effective September 6, 2011, unless EPA
receives adverse comments by August 8,
2011. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2010–1002, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: pamela.blakley@epa.gov.
3. Fax: (312) 692–2450.
4. Mail: Pamela Blakley, Chief, Air
Permits Section, Air Programs Branch
(AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Pamela Blakley,
Chief, Air Permits Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2010–
SUMMARY:
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[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40237-40242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16935]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0601; FRL-9223-4]
Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Montana; Revisions to the Administrative Rules of
Montana--Air Quality, Subchapter 7 and Other Subchapters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on August 26, 1999, May 28, 2003, March 9, 2004, October 25, 2005, and
October 16, 2006. The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction, and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, in addition to other minor administrative changes to
other subchapters of the Administrative Rules of Montana (ARM). In this
action, EPA is approving those portions of the rules that are
approvable and disapproving those portions of the rules that are
[[Page 40238]]
inconsistent with the Clean Air Act (CAA). This action is being taken
under section 110 of the CAA.
DATES: Effective Date: This final rule is effective August 8, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2006-0601. All documents in the docket are listed in
the https://www.regulations.gov Web site. 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: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@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.
(iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to
have legally enforceable procedures to prevent construction or
modification of a source if it would violate any SIP control strategies
or interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). Such minor New Source Review (NSR) programs
are for pollutants from stationary sources that do not require
Prevention of Significant Deterioration (PSD) or nonattainment NSR
permits. States may customize the requirements of the minor NSR program
as long as their program meets minimum requirements.
In a proposed rule action published on March 4, 2010, EPA proposed
to partially approve and partially disapprove revisions to the State of
Montana's State Implementation Plan (SIP) submitted on August 26, 1999,
May 28, 2003, March 9, 2004, October 25, 2005, and October 16, 2006 (as
described below). The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, and in addition other subchapters of the ARM.
A. August 26, 1999 Submittal
On August 26, 1999, the Governor of Montana submitted a SIP
revision request. The revision contains amended and repealed rules to
various subchapters in the ARM that were adopted by the Montana Board
of Environmental Review (Board) on May 14, 1999. Specific to Subchapter
7 (Permit, Construction, and Operation of Air Contaminant Sources), the
submittal revised ARM 17.8.705 and 17.8.733 and repealed ARM 17.8.708.
However, as indicated below, a May 28, 2003 submittal rescinded the
August 26, 1999 revisions to ARM 17.8.705 and 17.8.733.
B. May 28, 2003 Submittal
On May 28, 2003, the Governor of Montana submitted a SIP revision
request. The revision contains new, amended, and repealed rules adopted
by the Board on December 6, 2002. The new and repealed rules pertain to
the issuance of Montana air quality permits and are in Subchapter 7 of
the ARM. The amended rules contain references to the new and repealed
rules.
The new rules include: ARM 17.8.740, 17.8.743, 17.8.744, 17.8.745,
17.8.748, 17.8.749, 17.8.752, 17.8.755, 17.8.756, 17.8.759, 17.8.760,
17.8.762, 17.8.763, 17.8.764, 17.8.765, 17.8.767, and 17.8.770.
The repealed SIP-approved rules include: ARM 17.8.701, 17.8.702,
17.8.704, 17.8.705, 17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716,
17.8.717, 17.8.720, 17.8.730, 17.8.731, 17.8.732, 17.8.733, and
17.8.734.
The amended SIP-approved rules include: ARM 17.8.101, 17.8.110,
17.8.309, 17.8.310, 17.8.818, 17.8.825, 17.8.826, 17.8.901, 17.8.904,
17.8.905, 17.8.906, 17.8.1004, 17.8.1005, 17.8.1106, and 17.8.1109.
The May 28, 2003 submittal also rescinded outstanding SIP
submissions for rules that amended the following: ARM 17.8.702, adopted
July 20, 2001 and submitted on December 20, 2001 \1\; and ARM 17.8.705
and 17.8.733, adopted on May 14, 1999 and submitted on August 26, 1999.
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\1\ Note that the May 28, 2003 submittal requested rescinding
revisions to ARM 17.8.702, adopted on July 20, 2001 and submitted on
December 20, 2001. EPA had already approved the revisions to ARM
17.8.702 (see 67 FR 55125, 8/28/02, and 40 CFR 52.1370(c)(55)) by
the time we had received the May 28, 2003 letter. However, the May
28, 2003 submittal also requests that all of ARM 17.8.702 be
repealed. We are proposing to remove ARM 17.8.702 from the
federally-approved SIP.
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C. March 9, 2004 Submittal
On March 9, 2004, the Governor of Montana submitted a SIP revision
request. The revision contains amended rules adopted by the Board on
September 26, 2003. The amended rules pertain to the issuance of
Montana air quality permits. The following rules were amended: ARM
17.8.749, 17.8.759, 17.8.763, and 17.8.764.
D. October 25, 2005 Submittal
On October 25, 2005, the Governor of Montana submitted a SIP
revision request. The revision contains amended rules adopted by the
Board on June 3, 2005. EPA approved all of the October 25, 2005
submittal on July 19, 2006 (71 FR 40922), except for ARM 17.8.767. We
are addressing ARM 17.8.767 in this action.
E. October 16, 2006 Submittal
On October 16, 2006, the Governor of Montana submitted a SIP
revision request. The revision contains an amended rule for ARM
17.8.743(1) and new rules codified as ARM 17.8.1601, 17.8.1602,
17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606, and ARM 17.8.759
adopted by the Board on December 2, 2005. The submittal also requested
to withdraw ARM 17.8.743(1)(c) from being incorporated into the SIP. We
are addressing ARM 17.8.759 in this action. The revision to ARM
17.8.743(1) and the new rules pertain to the regulation of oil and gas
well facilities, and we will address this revision request in a
separate action.
II. Response to Comments
EPA received one letter from WildEarth Guardians (WG) commenting on
EPA's Federal Register action proposing approval and disapproval of the
Montana SIP Provisions in Docket
[[Page 40239]]
ID No. EPA-R08-OAR-2006-0601. In this section EPA responds to the
significant adverse comments made by the commenter.
Comment No. 1--The commenter opposed EPA's approval of ARM
17.8.743(2) and (3). The commenter alleges that these rules directly
contradict 40 CFR 51.160. To the extent the commenter makes this
argument, EPA responds below.
EPA Response--EPA disagrees with the commenter's assessment. First,
the commenter references 40 CFR 51.160(b) in particular, the
requirement that a plan must set forth legally enforceable procedures
which include a means for the State or local permitting agency to
prevent construction or modification of a source if it will interfere
with applicable portions of the control strategy or the attainment or
maintenance of a national standard. The commenter asserts that ARM
17.8.743(2) allows a stationary source to initiate construction
activities upon receipt of a ``completeness determination'' pursuant to
ARM 17.8.759 and that the ``completeness determination'' requirements
are insufficient to show compliance with 40 CFR 51.160(b).
EPA has determined the Montana rules are consistent with the CAA
and EPA regulations, and therefore approvable as a SIP revision.
Section 110(a)(2)(C) of the CAA requires that SIPs include a program
for regulating the construction and modification of stationary sources
as necessary to ensure that the NAAQS are achieved. The Montana
regulations clearly regulate the construction and modification of
stationary sources and ensure that the NAAQS will be met. In addition,
as explained in the proposed rule, EPA's regulations at 40 CFR 51.160
do not require the issuance of a permit for the construction or
modification of minor sources, but only that the SIP include legally
enforceable procedures to prevent the construction of a source or
modification that would violate the SIP control strategy or interfere
with attainment or maintenance of the NAAQS. EPA-approved SIP minor NSR
programs in several states do not require permits prior to
construction, but instead contain other enforceable procedures. See 75
FR 54562 (Sept. 26, 2007) (Missouri), 68 FR 2217 (Jan. 16, 2003)
(Idaho).
Montana's rules include enforceable procedures to prevent the
construction of any source or modification that would violate SIP
requirements. In determining whether or not the SIP includes these
legally enforceable procedures, EPA does not look at a particular
component of an implementation plan in isolation (such as ARM
17.8.743(2) and (3)). EPA must be able to determine that, with the
revisions in place, the whole ``plan as revised'' meets the
requirements of 51.160. In addition, Montana's rule contains sufficient
safeguards to meet the requirements of 51.160. First, the State is not
obligated to issue a permit where the owner or operator received a
completeness determination. ARM 17.8.743(4). Second, the rule contains
a provision indicating that if the owner or operator proceeds with the
initial construction activities it accepts the regulatory risks of
engaging in such activities. ARM 17.8.743(4). Third, Montana's rule
contains safeguards regarding the type of activity allowed before
permit issuance. The rule only allows installing concrete foundations
work, below ground plumbing, installing ductwork, and other
infrastructure and/or excavation work involving the same. ARM
17.8.743(2). Fourth, the rule specifically prohibits the construction
or installation of emission units (without a permit or a State
determination that the unit will not interfere with the NAAQS or a
control strategy). ARM 17.8.743(2). Thus EPA disagrees with the
commenter's suggestion that the rule does not state that construction
or modification of the emission units subject to permitting cannot
commence prior to issuance of the permit.
EPA has determined the addition of ARM 17.8.743(2) and (3) to the
Montana Air Quality Program (MAQP) do not compromise the legally
enforceable procedures in the MAQP and meet the requirements of 40 CFR
51.160.
The commenter also suggests that the phrase ``[a] true minor source
is not subject to PSD requirements and is not subject to other federal
requirements'' is confusing and appears to be a contradiction to the
requirements of 40 CFR 51.160.
During the rulemaking process, EPA's intent was to make it
explicitly clear that ARM 17.8.743(2) and (3) only apply to ``true''
minor sources in order to ensure that sources that are subject to
federal requirements (i.e., PSD and synthetic minors) do not begin any
construction prior to permit issuance. 17.8.743(5) states: ``The
provisions of (2) do not supersede any other local, State, or federal
requirements associated with the activities set forth therein.'' EPA
has interpreted ``federal requirements'' to mean synthetic minor permit
limits. PSD provisions remain applicable until a proposed project
legally obtains synthetic minor status (i.e., obtains permitted limits
which limit the source below the PSD thresholds). Therefore, EPA has
concluded that the rule only applies to true minor sources.
Comment No. 2--The commenter opposed EPA's approval of ARM
17.8.752(1)(a)(i), alleging that this approval appears contrary to
Section 110(l) of the CAA in that it would weaken current permitting
requirements and will lead to more air pollution than would otherwise
be allowed. The commenter states that the current minor source Best
Available Control Technology (BACT) provision (triggered for an entire
source) has been relied upon by Montana and EPA to ensure that the
NAAQS will be attained and maintained pursuant to Section 110 of the
CAA. The commenter acknowledges there is no federal requirement for
minor source BACT. To the extent the commenter makes this argument, EPA
responds below.
EPA Response--EPA disagrees with this comment. As the commenter
points out, there is no federal requirement for BACT for minor sources
and the inclusion of ARM 17.8.752(1)(a)(i) is a ``discretionary''
control measure. Measures not tied to an area's classification and not
mandated by the CAA are often referred to as ``discretionary''
measures. States can remove discretionary measures from attainment,
nonattainment or maintenance plans. In this instance, the State has not
removed this discretionary control measure from its SIP, but has
revised it. This revision results in minor source BACT applying only to
the specific emissions unit being modified as opposed to the whole
source. This revision will result in fewer sources postponing or
foregoing modifying emission units, even those that would implement
emission reductions, in order to avoid a comprehensive review and
expensive upgrades to an entire facility.
EPA again notes that maintaining compliance with the NAAQS and
Section 110 of the CAA is not dependent on a single component of the
Montana ARM or a single revision of the SIP, but how the revisions as a
whole affect attainment and maintenance of the NAAQS. ARM 17.8.752 has
been used in addition to the remainder of the MAQP rules, individual
control plans for nonattainment areas, generally applicable rules
prohibiting certain emitting activities, open burning rules, etc. in
order to ensure compliance with the NAAQS. ARM 17.8.752, as revised in
this rule, does not weaken the MAQP program and thus a 110(l) analysis
is not required before EPA can approve this provision.
Comment No. 3--The commenter states that the SIP revisions do not
set
[[Page 40240]]
forth legally enforceable procedures that enable the State to determine
how construction or modification of a stationary source impacts the
ambient air quality standards and how these impacts will be assessed,
in particular the ozone and PM2.5 NAAQS, as required by 40
CFR 160(a)(2). The commenter further alleges that the SIP, in general,
is not consistent with the procedures set forth in 40 CFR 160.
EPA Response--EPA disagrees with this comment. The revisions being
approved in this action provide legally enforceable procedures for
Montana's minor NSR to determine whether the construction of a new or
modified source will result in interference with the NAAQS. ARM
17.8.743 requires sources to obtain a Montana air quality permit or a
completeness determination before construction of a source may begin.
ARM 17.8.743(3) states ``* * * the department may issue a letter
instructing the owner or operator to immediately cease such activities
pending a final determination on an application if it finds that the
proposed project would result in a violation of the State
Implementation Plan or would interfere with the attainment or
maintenance of any federal or state ambient air quality standard.''
This satisfies the requirement of 40 CFR 51.160(a)(2) because it is a
legally enforceable procedure that enables the State to prevent
violations of the control strategy or interference with the NAAQS.
SIP revisions being approved in this action are not intended to
determine the ability of the SIP as a whole to implement, maintain, and
enforce each NAAQS promulgated by the EPA. For example, Montana
submitted a SIP revision to demonstrate that the State meets the
requirements of Section 110(a)(1) and (2) of the Clean Air Act for
ozone and PM2.5. This revision addresses basic SIP
requirements, including emission inventories, monitoring, enforcement
of emission limits and control measures, and modeling to assure
attainment and maintenance of the standards. The evaluation of these
``infrastructure'' SIPs, as well as currently approved section 110
SIPs, need to be considered in determining whether the SIP as a whole
provides appropriate legally enforceable procedures to ensure
attainment and maintenance of the NAAQS.
III. Final Action
EPA is partially approving and partially disapproving SIP revisions
submitted by the State of Montana on August 26, 1999, May 28, 2003,
March 9, 2004, October 25, 2005, and October 16, 2006. First, in this
action EPA is approving the removal of the following provisions from
the federally-approved SIP: ARM 17.8.701, 17.8.702, 17.8.704, 17.8.705,
17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716, 17.8.717, 17.8.720,
17.8.730, 17.8.731, 17.8.732, 17.8.733, and 17.8.734.
Second, EPA is approving the following new Subchapter 7 provisions
into the federally-approved SIP: ARM 17.8.740 (except 17.8.740(10) and
(14) and the following phrases in 17.8.740(8)(a) and (c), respectively,
(1) ``except when a permit is not required under ARM 17.8.745'' and (2)
``except as provided in ARM 17.8.745'' and the phrase ``reasonable
period of time for startup and shutdown'' in ARM 17.8.740(2)),
submitted on May 28, 2003; 17.8.743 (except the phrases ``asphalt
concrete plants, mineral crushers'' in 17.8.743(1)(b) ``and 17.8.745''
in 17.8.743(1), and 17.8.743(1)(c)), submitted on May 28, 2003;
17.8.744 and 17.8.748, submitted on May 28, 2003; 17.8.749(1), (3),
(4), (5), (6), and (8), submitted on May 28, 2003; 17.8.749(7),
submitted on March 9, 2004; 17.8.752, 17.8.755, and 17.8.756, submitted
on May 28, 2003; 17.8.759(1) through (3), submitted on May 28, 2003;
17.8.759(4) through (6), submitted on October 16, 2006; 17.8.760 and
17.8.762, submitted on May 28, 2003; 17.8.763(1) and (4), submitted on
May 28, 2003; 17.8.763(2) and (3), submitted on March 9, 2004;
17.8.764(1) (except the phrase ``the emission increase meets the
criteria in ARM 17.8.745 for a de minimis change not requiring a
permit'' in 17.8.764(1)(b)) and (4), submitted on May 28, 2003;
17.8.764(2) and (3), submitted on March 9, 2004; 17.8.765, submitted on
May 28, 2003; 17.8.767(1)(a) through (c), submitted on May 28, 2003;
and 17.8.767(1)(d) through (g), (2), (3), and (4), submitted on October
25, 2005.
Third, EPA is disapproving the following new Subchapter 7
provisions: ARM 17.8.749(2), ARM 17.8.740(10), 17.8.740(14); and
portions of 17.8.740(2).
Fourth, EPA is approving revisions to the following sections of
other subchapters submitted on May 28, 2003: ARM 17.8.101(4);
17.8.110(7), (8), and (9); 17.8.818(1); 17.8.825(3); 17.8.826(1) and
(2); 17.8.904(1) and (2); 17.8.905(1) and (4); 17.8.906; 17.8.1004;
17.8.1005(1), (2), and (5); 17.8.1106; and 17.8.1109.
Additionally, EPA is not acting, at the request of the State, on
the following provisions in Subchapter 7: ARM 17.8.743(1)(c) and ARM
17.8.770, the phrase ``asphalt concrete plants, mineral crushers'' in
ARM 17.8.743(1)(b) and ARM 17.8.745 submitted on May 28, 2003.
Note that, with respect to Montana's rules relating to new source
review, EPA has determined that Montana's rules meet the requirements
of 40 CFR part 51, subpart I, as currently in effect. And while EPA is
approving the state's permit to construct rules, EPA recognizes that it
has a responsibility to insure that all states properly implement their
preconstruction permitting programs. Therefore, EPA's approval of
Montana's rules in no way divests EPA of our continued oversight (as
set forth in CAA sections 113, 167, and 505(b)) to insure that
Montana's permits are consistent with the CAA, EPA regulations, and the
SIP.
Consistent with EPA's proposal, this SIP approval does not extend
to Indian country in Montana. See 75 FR 9843.
Finally, EPA is not acting on the following provisions of other
subchapters because they were either disapproved in a previous action
or they relate to a rule EPA is not taking action on: the following
phrases in 17.8.740(8)(a) and (c), respectively, (1) ``except when a
permit is not required under ARM 17.8.745'' and (2) ``except as
provided in ARM 17.8.745,'' submitted on May 28, 2003; ARM
17.8.309(5)(b), 17.8.310(3)(e), 17.8.316(6), and 17.8.901(14)(e)(iii),
submitted on May 28, 2003; the phrase ``and 17.8.745'' in ARM
17.8.743(1), submitted on May 28, 2003; ARM 17.8.749(2) submitted on
May 28, 2003; the phrase ``the emission increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit,'' in ARM
17.8.764(1)(b), submitted on May 28, 2003; and ARM 17.8.743(1),
17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606,
submitted on October 16, 2006.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under
[[Page 40241]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 6, 2011. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 24, 2010.
James B. Martin,
Regional Administrator, Region 8.
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
0
2. Amend Sec. 52.1370 by adding paragraphs (c)(49)(i)(F),
(c)(55)(i)(B), and (c)(70) to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(49) * * *
(i) * * *
(F) Previously approved in paragraph (c)(49)(i)(A) under Subchapter
7: Permit, Construction, and Operation of Air Contaminant Sources.
These sections are now deleted without replacement: ARM 17.8.701,
Definitions; ARM 17.8.702, Incorporation by Reference (excluding
17.8.702(1)(f)); ARM 17.8.704, General Procedures for Air Quality
Preconstruction Permitting; 17.8.705, When Permit Required-Exclusions;
17.8.706, New or Altered Sources and Stacks-Permit Application
Requirements; 17.8.707 Waivers; 17.8.710, Conditions for Issuance of
Permit; 17.8.715, Emission Control Requirements; 17.8.716, Inspection
of Permit; 17.8.717, Compliance with Other Statutes and Rules;
17.8.720, Public Review of Permit Applications; 17.8.730, Denial of
Permit; 17.8.731, Duration of Permit; 17.8.732, Revocation of Permit;
17.8.733, Modification of Permit; 17.8.734, Transfer of Permit, as
adopted by Montana on 12/9/1996 and effective 12/27/2002.
* * * * *
(55) * * *
(i) * * *
(B) Previously approved in paragraph (c)(55)(i)(A) under Subchapter
7: Permit Construction and Operation of Air Contaminant Sources. This
section is now deleted without replacement: ARM 17.8.702(1)(g),
Incorporation by Reference, as adopted by Montana on 7/20/2001 and
effective 12/27/2002.
* * * * *
(70) On May 28, 2003, March 9, 2004, October 25, 2005 and October
16, 2006, the State of Montana submitted revisions to its State
Implementation Plan (SIP) that contained new, revised, amended and
repealed rules pertaining to the issuance of Montana air quality
permits in addition to minor administrative changes to other
subchapters of the Administrative Rules of Montana (ARM).
(i) Incorporation by reference.
(A) Letter from David L. Klemp, Montana State Air Director, to
Deborah Lebow Aal, Acting Air Program Director, dated April 29, 2011.
For certain sections, the following incorporates by reference official
State of Montana publications of the Administrative Rules of Montana
that are dated after the effective date shown in the incorporation by
reference for each section. In these instances, the official
publication provides a history for the section showing the last
effective date of a change. For each of these sections, the last
effective date of a change matches the effective date of the section,
showing that the official publication reflects the text of the section
as of the effective date shown in the following incorporation by
reference. The sections, their effective dates, and the date of the
publication are as follows: ARM 17.8.825, effective 12/27/2002,
publication 9/30/2006; ARM 17.8.826, effective 12/27/2002, publication
9/30/2006; ARM 17.8.906, effective 12/27/2002, publication 6/30/2003;
ARM 17.8.740, effective 12/27/2002, publication 9/30/2006; ARM
17.8.744, effective 12/27/2002, publication 12/31/2005; ARM 17.8.752,
effective 12/27/2002, publication 6/30/2006; ARM 17.8.755, effective
12/27/2002, publication 6/30/2006; ARM 17.8.756, effective 12/27/2002,
publication 6/30/2006; ARM 17.8.767, effective 12/27/2002, publication
3/31/
[[Page 40242]]
2004; ARM 17.8.749, effective 10/17/2003, publication 6/30/2006; ARM
17.8.759, effective 10/17/2003, publication 12/31/2003; ARM 17.8.763,
effective 10/17/2003, publication 6/30/2006; ARM 17.8.764, effective
10/17/2003, publication 6/30/2006; ARM 17.8.602, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.767, effective 6/17/2005, publication
6/30/2006; ARM 17.8.802, effective 6/17/2005, publication 12/31/2005;
ARM 17.8.1102, effective 6/17/2005, publication 3/31/2007; ARM
17.8.759, effective 12/23/2005, publication 9/30/2006.
(B) ARM submission dated May 28, 2003.
(1) The following provisions of the ARM are amended effective 12/
27/2002: 17.8.101, Definitions, (4) ``Air quality preconstruction
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review
of Major Stationary Sources and Major Modifications--Source
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal
Class I Areas--Additional Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana Air Quality Permit Required;
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required;
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1),
(2) and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse
Impact and Federal Land Manager.
(2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2)
``includes a reasonable period of time for startup and shakedown and'';
the phrase in 17.8.740(8)(a) ``, except when a permit is not required
under ARM 17.8.745''; the phrase in 17.8.740(8)(c) ``, except as
provided in ARM 17.8.745''; 17.8.740(10) ``Negligible risk to the
public health, safety, and welfare and to the environment''; and
17.8.740(14) ``Routine Maintenance, repair, or replacement'');
17.8.743, Montana Air Quality Permits--When Required, (except the
phrase in 17.8.743(1) ``and 17.8.745,'', the phrase in 17.8.743(1)(b)
``asphalt concrete plants, mineral crushers, and'', and
17.8.743(1)(c)); 17.8.744, Montana Air Quality Permits--General
Exclusions; 17.8.748, New or Modified Emitting Units--Permit
Application Requirements; 17.8.749, Conditions For Issuance or Denial
of Permit, (1), (3), (4), (5), (6), and (8); 17.8.752, Emission Control
Requirements; 17.8.755, Inspection of Permit; 17.8.756, Compliance with
Other Requirements; 17.8.759, Review of Permit Applications, (1)
through (3); 17.8.760, Additional Review of Permit Applications;
17.8.762, Duration of Permit; 17.8.763, Revocation of Permit, (1) and
(4); 17.8.764, Administrative Amendment to Permit, (1) (except for the
phrase in 17.8.764(1)(b) ``unless the increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit, or''), (2)
and (3); 17.8.765, Transfer of Permit; 17.8.767, Incorporation by
Reference, (1)(a) through (c).
(C) ARM submission dated March 09, 2004.
(1) The following provisions of the ARM are amended effective 10/
17/2003: 17.8.749, Conditions For Issuance or Denial of Permit, (7);
17.8.759, Review of Permit Applications; 17.8.763, Revocation of
Permit, (2) and (3); 17.8.764, Administrative Amendment to Permit, (2)
and (3).
(D) ARM submission dated October 25, 2005.
(1) The following provisions of the ARM are amended effective 6/17/
2005: 17.8.102, Incorporation by Reference--Publication Dates;
17.8.103, Incorporation by Reference and Availability of Referenced
Documents; 17.8.302, Incorporation by Reference; 17.8.602,
Incorporation by Reference; 17.8.767, Incorporation by Reference,
(1)(d) through (g), (2), (3), and (4); 17.8.802, Incorporation by
Reference; 17.8.902, Incorporation by Reference; 17.8.1002,
Incorporation by Reference; 17.8.1102, Incorporation by Reference.
(E) ARM submission dated October 16, 2006.
(1) The following provisions of the ARM are amended effective 12/
23/2005: 17.8.759, Review of Permit Applications, (4) through (6).
* * * * *
Editorial Note: This document was received in the Office of the
Federal Register on June 30, 2011.
[FR Doc. 2011-16935 Filed 7-7-11; 8:45 am]
BILLING CODE 6560-50-P
