Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana-Air Quality, Subchapter 7, Subchapter 16 and Subchapter 17, 69296-69299 [2013-27555]
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§ 141.10
Federal Register / Vol. 78, No. 223 / Tuesday, November 19, 2013 / Rules and Regulations
[Amended]
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[FR Doc. 2013–27569 Filed 11–18–13; 8:45 am]
Table of Contents
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0846; FRL–9817–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana—Air
Quality, Subchapter 7, Subchapter 16
and Subchapter 17
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve new rules as submitted by the
State of Montana on September 23,
2011. Montana adopted these rules on
December 2, 2005 and March 23, 2006.
These new rules meet the requirements
of the Clean Air Act (CAA) and EPA’s
minor new source review (NSR)
regulations. In this action, EPA is
approving these rules as they are
consistent with the CAA. This action is
being taken under section 110 of the
CAA.
SUMMARY:
This final rule is effective
December 19, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2012–0846. All
documents in the docket are listed in
the 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.
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DATES:
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I. What action is EPA taking?
A. Summary of Final Action
II. What is the background?
A. Brief Discussion of Statutory and
Regulatory Requirements
B. Summary of the Submittal Addressed in
This Final Action
III. Response to Comments
IV. What are the grounds for this approval
action?
V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The words Minor NSR mean NSR
established under section 110 of the Act
and 40 CFR 51.160.
(iv) The initials NSR mean new
source review, a phrase intended to
encompass the stationary source
regulatory programs that regulate the
construction and modification of
stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I,
parts C and D, and 40 CFR 51.160
through 51.166.
(v) The initials SIP mean or refer to
State Implementation Plan.
(iv) The words State or Montana
mean the State of Montana, unless the
context indicates otherwise.
I. What action is EPA taking?
A. Summary of Final Action
EPA is taking final action to approve
the Montana State Implementation Plan
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(SIP) and rules submitted to EPA on
September 23, 2011. This submission
contained revisions to ARM 17.8.744,
and new rules I–VI, codified as ARM
17.8.1601, 17.8.1602, 17.8.1603,
17.8.1604, 17.8.1605, and 17.8.1606,
pertaining to the regulation of oil and
gas well facilities. The Montana Board
of Environmental Review (Board)
adopted these revisions to existing SIP
revisions and new rules on December 2,
2005 and they became effective on
January 1, 2006. This submission also
contains new rules I–IX, codified as
ARM 17.8.1701, 17.8.1702, 17.8.1703,
17.8.1704, 17.8.1705, 17.8.1710,
17.8.1711, 17.8.1712 and 17.8.1713
pertaining to the regulation of oil and
gas well facilities. The Board adopted
these revisions to existing SIP revisions
and new rules on March 23, 2006 and
they became effective on April 7, 2006.
The new rules and revisions meet the
requirements of the Act and EPA’s
minor NSR regulations.
EPA proposed action for the above
SIP revision submittals on November
13, 2012 (77 FR 67596). We accepted
comments from the public on this
proposal from November 14, 2012, until
December 13, 2012. A summary of the
comments received and our evaluation
thereof is discussed in section III below.
In the proposed rule, we described our
basis for the actions identified above.
The reader should refer to the proposed
rule, and sections IV and V of this
preamble, for additional information
regarding this final action.
EPA reviews a SIP revision
submission for its compliance with the
Act and EPA regulations. CAA
110(k)(3). We evaluated the submitted
new and revised rules based upon the
regulations and associated record that
have been submitted and are currently
before EPA. In order for EPA to ensure
that Montana has a program that meets
the requirements of the CAA, the State
must demonstrate the program is as
stringent as the Act and the
implementing regulations discussed in
this notice. For example, EPA must have
sufficient information to make a finding
that the new program will ensure
protection of the NAAQS, and
noninterference with the Montana SIP
control strategies, as required by section
110(l) of the Act. The provisions in
these submittals were not submitted to
meet a mandatory requirement of the
Act.
II. What is the background?
A. Brief Discussion of Statutory and
Regulatory Requirements
The CAA (section 110(a)(2)(C)) and 40
CFR 51.160 require states to have legally
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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 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.
Section 110(l) of the CAA states:
‘‘[e]ach revision to an implementation
plan submitted by a State under this Act
shall be adopted by such State after
reasonable notice and public hearing.
The Administrator shall not approve a
revision to a plan if the revision would
interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of this chapter.’’
The States’ obligation to comply with
each of the NAAQS is considered as
‘‘any applicable requirement(s)
concerning attainment.’’ A
demonstration is necessary to show that
this SIP revision will not interfere with
attainment or maintenance of the
NAAQS, including those for ozone,
particulate matter, carbon monoxide
(CO), sulfur dioxide (SO2), lead,
nitrogen oxides (NOX) or any other
requirement of the Act. Montana’s
demonstration of noninterference (see
docket), as submitted to EPA on
September 23, 2011, provides sufficient
basis that the inclusion of the new rules
and revisions, as described in section I
of this preamble, will not interfere with
attainment, reasonable further progress
(RFP), or any other applicable
requirement of the CAA. Further details
are provided in sections IV and V of this
action.
B. Summary of the Submittal Addressed
in This Final Action
The final action to approve the new
and revised rules as described in section
I of this preamble, hereafter referred to
as ‘‘the program’’, would establish a
registration system for certain facilities
that presently require a minor NSR air
quality permit under the SIP
regulations. The new and revised rules
would establish a general registration
system for oil and gas well facilities and
would allow the owner or operator of an
oil or gas well facility to register with
the Montana Department of
Environmental Quality (MDEQ) in lieu
of submitting a permit application and
obtaining a permit to construct or
modify the source. Currently, with
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specific exemptions, the administrative
rules adopted under the Clean Air Act
of Montana and approved by the EPA
into the SIP, require the owner or
operator of sources of air pollution to
obtain a permit prior to construction or
modification.
Montana originally submitted these
rules on October 16, 2006, and
November 1, 2006 to EPA for inclusion
into the SIP. EPA proposed action on
these submittals on January 6, 2011 (76
FR 758). EPA had several concerns with
the Program, as was explained in 76 FR
758. Montana withdrew the October 16,
2006, and November 1, 2006, submittals
in March of 2011 and resubmitted the
Program on September 23, 2011. The
September 23, 2011, submittal
contained a 110(l) demonstration, as
well as other supplemental data, which
addressed EPA’s concerns that were
raised in 76 FR 758.
III. Response to Comments
In response to our November 13, 2012
proposal, we received comments from
the following: Montana Petroleum
Association, Inc. (MPA); True Oil LLC;
and the Montana Department of
Environmental Quality (MDEQ).
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contained in EPA–R08–OAR–2007–0662
into their comments for this rulemaking.
Response: We acknowledge receipt of
these comments and the support for our
proposal for approval. We also
acknowledge receipt of the comments
submitted by MPA which are contained
in EPA–R08–OAR–2007–0662 and
hereby incorporate those comments by
reference into MPA’s comments for this
rulemaking.
B. True Oil, LLC
Comment: Commenter states that they
support EPA’s proposed rule found in
77 FR 67596 to approve the inclusion of
Montana’s Subchapters 16 and 17 into
the Montana SIP. The commenter states
they fully concur with EPA’s review of
those rules and that they meet all
obligations under the Federal Clean Air
Act for incorporation into a state SIP.
Response: We acknowledge receipt of
these comments and the support for our
proposal for approval.
C. MDEQ
Comment: Commenter states that they
support EPA’s proposed rule found in
77 FR 67596 to approve the inclusion of
A. MPA
Comment: Commenter states MPA has Montana’s Subchapters 16 and 17 into
the Montana SIP. The commenter states
reviewed the proposed approval found
that Montana’s Oil and Gas Registration
at 77 FR 67596 and agrees with EPA’s
program represents advanced regulatory
proposal to approve the program as
ideas for stewardship and sustainability
submitted on September 23, 2011. MPA
encourages EPA to promptly incorporate and that the program is an innovative,
efficient method for ensuring sources
the new and revised rules, as outlined
install and operate emission control
in 77 FR 67596, into the Montana SIP.
equipment that protects and improves
MPA notes that the new and revised
air quality. The commenter also states
rules provide a workable alternative to
they appreciate the time EPA invested
the Montana air quality permitting
program and that the program meets the in reviewing and studying the issues
around Montana’s Oil and Gas
requirements of CAA section 110(l) of
Registration program.
the Federal Clean Air Act and other
applicable requirements. MPA outlined
Response: We acknowledge receipt of
specific federal requirements and
these comments and the support for our
demonstrations from 77 FR 67596 in
proposal for approval. EPA recognizes
which they agree with EPA’s proposed
that approval of an oil and gas
conclusions. For those reasons, MPA
registration program is a priority for the
concurs with EPA’s proposed action.
State; EPA also indicates its support for
MPA further notes they had
registration/permit-by-rule programs as
previously submitted comments to EPA
they provide efficiencies and
in regard to the incorporation of
environmental benefits. EPA commends
Subchapters 16 and 17 into the
MDEQ for periodically revising their SIP
Montana SIP. Those comments and
analysis are contained in the Docket ID: in order to adapt to environmental,
EPA–R08–OAR–2007–0662, which were economic and social changes, and
recognizing the need for a more
in response to our January 6, 2011,
collaborative, flexible, and performance
proposed action. MPA notes that their
based regulatory strategy to meet the
analysis is similar to that submitted by
regulatory challenge posed by
MDEQ; MPA’s analysis also reviewed
Montana’s oil and gas industry. EPA
ambient air quality data around the
also commends Montana’s work in
state and compared this data to data
developing an approvable program that
collected near oil and gas sites. MPA
is consistent with CAA and regulatory
wishes to incorporate by reference their
requirements.
previous comments and analysis as
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IV. What are the grounds for this
approval action?
EPA evaluated the new rules and
revisions, as described in section I of
this preamble, using the following:
(1) The statutory requirements under
CAA section 110(a)(2)(c), which
requires states to include a minor NSR
program in their SIP to regulate
modifications and new construction of
stationary sources within the area as
necessary to assure the NAAQS are
achieved;
(2) The regulatory requirements under
40 CFR 51.160, including section
51.160(a), which require that the SIP
include legally enforceable procedures
that enable a state or local agency to
determine whether construction or
modification of a facility, building,
structure or installation, or combination
of these will result in a violation of
applicable portions of the control
strategy; or interference with attainment
or maintenance of a national standard in
the state in which the proposed source
(or modification) is located or in a
neighboring state; section 51.160(b),
which requires 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 NAAQS; and
(3) The statutory requirements under
CAA section 110(l), which provides that
EPA cannot approve a SIP revision if the
revision would interfere with any
applicable requirement concerning
attainment and RFP, or any other
applicable requirement of the CAA.
Therefore, EPA will approve a SIP
revision only after a state has
demonstrated that such a revision will
not interfere (‘‘noninterference’’) with
attainment of the NAAQS, RFP or any
other applicable requirement of the
CAA. In this instance, EPA asked the
State to submit an analysis showing that
the new rules and revisions, as
described in section I of this preamble,
would not violate section 110(l) of the
CAA (see docket); this is also referred to
as a ‘‘demonstration of noninterference’’
with attainment and maintenance under
CAA section 110(l). The scope and rigor
of the demonstration of noninterference
conducted in support of this notice is
appropriate given the air quality status
of the State, and the potential impact of
the revision on air quality and the
pollutants affected.
As EPA described in this preamble
and in the proposed notice (77 FR
67596), the new rules and revisions we
are taking final action to approve meet
the requirements of CAA section
110(a)(2)(c) and 40 CFR 51.160. In
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addition, the State’s September 23,
2011, demonstration of noninterference
indicates that incorporating the new
rules and revisions, as described in
section I of this preamble, will not
interfere with attainment of the NAAQS,
RFP, or any other applicable
requirement of the CAA.
V. Final Action
EPA is taking final action to approve
the new and revised rules as submitted
by Montana on September 23, 2011,
based upon three criteria. First, the State
provided sufficient information to
determine that the requested revision to
add the new oil and gas registration
program to the Montana Minor NSR SIP
will not interfere with any applicable
requirement concerning attainment and
RFP as required by CAA section 110(l),
or any other requirement of the Act;
Second, the new rules comply with
CAA section 110(a)(2)(C), which
requires states to include a minor NSR
program in their SIP to regulate
modifications and new construction of
stationary sources within the area as
necessary to assure the NAAQS are
achieved; Third, the new rules comply
with 40 CFR 51.160.
VI. 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 final action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
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• 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 January 21, 2014.
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
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enforce its requirements. (See section
307(b)(2).)
Reporting Requirements; effective April
7, 2006.
List of Subjects in 40 CFR Part 52
[FR Doc. 2013–27555 Filed 11–18–13; 8:45 am]
BILLING CODE 6560–50–P
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.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2011–0672; FRL–9902–03–
Region 5]
Authority: 42 U.S.C. 7401 et seq
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Ohio SO2 Air Quality Rule Revisions
Dated: April 26, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Section 52.1370 is amended by
adding paragraph (c)(73) to read as
follows:
■
Identification of plan.
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*
*
*
*
*
(c) * * *
(73) On September 23, 2011, the State
of Montana submitted new rules to the
Administrative Rules of Montana
(ARM). The submittal included new
rules to ARM Chapter 17. The
incorporation by reference in
paragraphs (i)(A) and (i)(B) reflect the
new rules.
(i) Incorporation by reference.
(A) Administrative Rules of Montana:
17.8.1601, Definitions; 17.8.1602,
Applicability and Coordination with
Montana Air Quality Permit Rules;
17.8.1603, Emission Control
Requirements; 17.8.1604, Inspection
and Repair Requirements; 17.8.1605,
Recordkeeping Requirements;
17.8.1606, Delayed Effective Date;
effective January 1, 2006.
(B) Administrative Rules of Montana:
17.8.1701, Definitions; 17.8.1702,
Applicability; 17.8.1703, Registration
Process and Information; 17.8.1704,
Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710,
Oil or Gas Well Facilities General
Requirements; 17.8.1711, Oil or Gas
Well Facilities Emission Control
Requirements; 17.8.1712, Oil or Gas
Well Facilities Inspection and Repair
Requirements; 17.8.1713, Oil or Gas
Well Facilities Recordkeeping and
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On June 24, 2011, Ohio
Environmental Protection Agency (Ohio
EPA) submitted for Clean Air Act (CAA)
State Implementation Plan (SIP)
approval, revisions to Ohio
Administrative Code (OAC) rules: 3745–
18–01, 3745–18–03 to 3745–18–52,
3745–18–54 to 3745–18–77, 3745–18–
79, 3745–18–81 to 3745–18–89, and
3745–18–91 to 3745–18–94. The rule
revisions primarily update facility
information and remove SO2
requirements for shutdown facilities
throughout the SIP. EPA believes that
the revisions improve the clarity of the
rule without affecting the stringency
and therefore is approving all of the
submitted revisions except for specific
paragraphs in OAC 3745–18–04.
DATES: This rule is effective January 21,
2014, unless EPA receives adverse
comments by December 19, 2013. 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–2011–0672, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: aburano.douglas@epa.gov.
3. Fax: (312) 408–2279.
4. Mail: Douglas Aburano, Chief,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Douglas Aburano,
Chief, Attainment Planning and
Maintenance Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
SUMMARY:
■
§ 52.1370
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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69299
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–2011–
0672. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov your email
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.
Docket: All documents in the docket
are listed in the 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
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Sarah
Arra, Environmental Scientist, at (312)
E:\FR\FM\19NOR1.SGM
19NOR1
]]>Agencies
[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69296-69299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27555]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0846; FRL-9817-4]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Subchapter 7, Subchapter 16 and Subchapter 17
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve new rules as submitted
by the State of Montana on September 23, 2011. Montana adopted these
rules on December 2, 2005 and March 23, 2006. These new rules meet the
requirements of the Clean Air Act (CAA) and EPA's minor new source
review (NSR) regulations. In this action, EPA is approving these rules
as they are consistent with the CAA. This action is being taken under
section 110 of the CAA.
DATES: This final rule is effective December 19, 2013.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2012-0846. All documents in the docket are listed in
the 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 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 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, 8:00 a.m. to 4:00 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:
Table of Contents
I. What action is EPA taking?
A. Summary of Final Action
II. What is the background?
A. Brief Discussion of Statutory and Regulatory Requirements
B. Summary of the Submittal Addressed in This Final Action
III. Response to Comments
IV. What are the grounds for this approval action?
V. Final Action
VI. Statutory and Executive Order Reviews
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The words Minor NSR mean NSR established under section 110 of
the Act and 40 CFR 51.160.
(iv) The initials NSR mean new source review, a phrase intended to
encompass the stationary source regulatory programs that regulate the
construction and modification of stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I, parts C and D, and 40 CFR 51.160
through 51.166.
(v) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
I. What action is EPA taking?
A. Summary of Final Action
EPA is taking final action to approve the Montana State
Implementation Plan (SIP) and rules submitted to EPA on September 23,
2011. This submission contained revisions to ARM 17.8.744, and new
rules I-VI, codified as ARM 17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604,
17.8.1605, and 17.8.1606, pertaining to the regulation of oil and gas
well facilities. The Montana Board of Environmental Review (Board)
adopted these revisions to existing SIP revisions and new rules on
December 2, 2005 and they became effective on January 1, 2006. This
submission also contains new rules I-IX, codified as ARM 17.8.1701,
17.8.1702, 17.8.1703, 17.8.1704, 17.8.1705, 17.8.1710, 17.8.1711,
17.8.1712 and 17.8.1713 pertaining to the regulation of oil and gas
well facilities. The Board adopted these revisions to existing SIP
revisions and new rules on March 23, 2006 and they became effective on
April 7, 2006. The new rules and revisions meet the requirements of the
Act and EPA's minor NSR regulations.
EPA proposed action for the above SIP revision submittals on
November 13, 2012 (77 FR 67596). We accepted comments from the public
on this proposal from November 14, 2012, until December 13, 2012. A
summary of the comments received and our evaluation thereof is
discussed in section III below. In the proposed rule, we described our
basis for the actions identified above. The reader should refer to the
proposed rule, and sections IV and V of this preamble, for additional
information regarding this final action.
EPA reviews a SIP revision submission for its compliance with the
Act and EPA regulations. CAA 110(k)(3). We evaluated the submitted new
and revised rules based upon the regulations and associated record that
have been submitted and are currently before EPA. In order for EPA to
ensure that Montana has a program that meets the requirements of the
CAA, the State must demonstrate the program is as stringent as the Act
and the implementing regulations discussed in this notice. For example,
EPA must have sufficient information to make a finding that the new
program will ensure protection of the NAAQS, and noninterference with
the Montana SIP control strategies, as required by section 110(l) of
the Act. The provisions in these submittals were not submitted to meet
a mandatory requirement of the Act.
II. What is the background?
A. Brief Discussion of Statutory and Regulatory Requirements
The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to
have legally
[[Page 69297]]
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 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.
Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.''
The States' obligation to comply with each of the NAAQS is
considered as ``any applicable requirement(s) concerning attainment.''
A demonstration is necessary to show that this SIP revision will not
interfere with attainment or maintenance of the NAAQS, including those
for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide
(SO2), lead, nitrogen oxides (NOX) or any other
requirement of the Act. Montana's demonstration of noninterference (see
docket), as submitted to EPA on September 23, 2011, provides sufficient
basis that the inclusion of the new rules and revisions, as described
in section I of this preamble, will not interfere with attainment,
reasonable further progress (RFP), or any other applicable requirement
of the CAA. Further details are provided in sections IV and V of this
action.
B. Summary of the Submittal Addressed in This Final Action
The final action to approve the new and revised rules as described
in section I of this preamble, hereafter referred to as ``the
program'', would establish a registration system for certain facilities
that presently require a minor NSR air quality permit under the SIP
regulations. The new and revised rules would establish a general
registration system for oil and gas well facilities and would allow the
owner or operator of an oil or gas well facility to register with the
Montana Department of Environmental Quality (MDEQ) in lieu of
submitting a permit application and obtaining a permit to construct or
modify the source. Currently, with specific exemptions, the
administrative rules adopted under the Clean Air Act of Montana and
approved by the EPA into the SIP, require the owner or operator of
sources of air pollution to obtain a permit prior to construction or
modification.
Montana originally submitted these rules on October 16, 2006, and
November 1, 2006 to EPA for inclusion into the SIP. EPA proposed action
on these submittals on January 6, 2011 (76 FR 758). EPA had several
concerns with the Program, as was explained in 76 FR 758. Montana
withdrew the October 16, 2006, and November 1, 2006, submittals in
March of 2011 and resubmitted the Program on September 23, 2011. The
September 23, 2011, submittal contained a 110(l) demonstration, as well
as other supplemental data, which addressed EPA's concerns that were
raised in 76 FR 758.
III. Response to Comments
In response to our November 13, 2012 proposal, we received comments
from the following: Montana Petroleum Association, Inc. (MPA); True Oil
LLC; and the Montana Department of Environmental Quality (MDEQ).
A. MPA
Comment: Commenter states MPA has reviewed the proposed approval
found at 77 FR 67596 and agrees with EPA's proposal to approve the
program as submitted on September 23, 2011. MPA encourages EPA to
promptly incorporate the new and revised rules, as outlined in 77 FR
67596, into the Montana SIP. MPA notes that the new and revised rules
provide a workable alternative to the Montana air quality permitting
program and that the program meets the requirements of CAA section
110(l) of the Federal Clean Air Act and other applicable requirements.
MPA outlined specific federal requirements and demonstrations from 77
FR 67596 in which they agree with EPA's proposed conclusions. For those
reasons, MPA concurs with EPA's proposed action.
MPA further notes they had previously submitted comments to EPA in
regard to the incorporation of Subchapters 16 and 17 into the Montana
SIP. Those comments and analysis are contained in the Docket ID: EPA-
R08-OAR-2007-0662, which were in response to our January 6, 2011,
proposed action. MPA notes that their analysis is similar to that
submitted by MDEQ; MPA's analysis also reviewed ambient air quality
data around the state and compared this data to data collected near oil
and gas sites. MPA wishes to incorporate by reference their previous
comments and analysis as contained in EPA-R08-OAR-2007-0662 into their
comments for this rulemaking.
Response: We acknowledge receipt of these comments and the support
for our proposal for approval. We also acknowledge receipt of the
comments submitted by MPA which are contained in EPA-R08-OAR-2007-0662
and hereby incorporate those comments by reference into MPA's comments
for this rulemaking.
B. True Oil, LLC
Comment: Commenter states that they support EPA's proposed rule
found in 77 FR 67596 to approve the inclusion of Montana's Subchapters
16 and 17 into the Montana SIP. The commenter states they fully concur
with EPA's review of those rules and that they meet all obligations
under the Federal Clean Air Act for incorporation into a state SIP.
Response: We acknowledge receipt of these comments and the support
for our proposal for approval.
C. MDEQ
Comment: Commenter states that they support EPA's proposed rule
found in 77 FR 67596 to approve the inclusion of Montana's Subchapters
16 and 17 into the Montana SIP. The commenter states that Montana's Oil
and Gas Registration program represents advanced regulatory ideas for
stewardship and sustainability and that the program is an innovative,
efficient method for ensuring sources install and operate emission
control equipment that protects and improves air quality. The commenter
also states they appreciate the time EPA invested in reviewing and
studying the issues around Montana's Oil and Gas Registration program.
Response: We acknowledge receipt of these comments and the support
for our proposal for approval. EPA recognizes that approval of an oil
and gas registration program is a priority for the State; EPA also
indicates its support for registration/permit-by-rule programs as they
provide efficiencies and environmental benefits. EPA commends MDEQ for
periodically revising their SIP in order to adapt to environmental,
economic and social changes, and recognizing the need for a more
collaborative, flexible, and performance based regulatory strategy to
meet the regulatory challenge posed by Montana's oil and gas industry.
EPA also commends Montana's work in developing an approvable program
that is consistent with CAA and regulatory requirements.
[[Page 69298]]
IV. What are the grounds for this approval action?
EPA evaluated the new rules and revisions, as described in section
I of this preamble, using the following:
(1) The statutory requirements under CAA section 110(a)(2)(c),
which requires states to include a minor NSR program in their SIP to
regulate modifications and new construction of stationary sources
within the area as necessary to assure the NAAQS are achieved;
(2) The regulatory requirements under 40 CFR 51.160, including
section 51.160(a), which require that the SIP include legally
enforceable procedures that enable a state or local agency to determine
whether construction or modification of a facility, building, structure
or installation, or combination of these will result in a violation of
applicable portions of the control strategy; or interference with
attainment or maintenance of a national standard in the state in which
the proposed source (or modification) is located or in a neighboring
state; section 51.160(b), which requires 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 NAAQS; and
(3) The statutory requirements under CAA section 110(l), which
provides that EPA cannot approve a SIP revision if the revision would
interfere with any applicable requirement concerning attainment and
RFP, or any other applicable requirement of the CAA. Therefore, EPA
will approve a SIP revision only after a state has demonstrated that
such a revision will not interfere (``noninterference'') with
attainment of the NAAQS, RFP or any other applicable requirement of the
CAA. In this instance, EPA asked the State to submit an analysis
showing that the new rules and revisions, as described in section I of
this preamble, would not violate section 110(l) of the CAA (see
docket); this is also referred to as a ``demonstration of
noninterference'' with attainment and maintenance under CAA section
110(l). The scope and rigor of the demonstration of noninterference
conducted in support of this notice is appropriate given the air
quality status of the State, and the potential impact of the revision
on air quality and the pollutants affected.
As EPA described in this preamble and in the proposed notice (77 FR
67596), the new rules and revisions we are taking final action to
approve meet the requirements of CAA section 110(a)(2)(c) and 40 CFR
51.160. In addition, the State's September 23, 2011, demonstration of
noninterference indicates that incorporating the new rules and
revisions, as described in section I of this preamble, will not
interfere with attainment of the NAAQS, RFP, or any other applicable
requirement of the CAA.
V. Final Action
EPA is taking final action to approve the new and revised rules as
submitted by Montana on September 23, 2011, based upon three criteria.
First, the State provided sufficient information to determine that the
requested revision to add the new oil and gas registration program to
the Montana Minor NSR SIP will not interfere with any applicable
requirement concerning attainment and RFP as required by CAA section
110(l), or any other requirement of the Act; Second, the new rules
comply with CAA section 110(a)(2)(C), which requires states to include
a minor NSR program in their SIP to regulate modifications and new
construction of stationary sources within the area as necessary to
assure the NAAQS are achieved; Third, the new rules comply with 40 CFR
51.160.
VI. 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 final action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and 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 January 21, 2014. 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
[[Page 69299]]
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.
Authority: 42 U.S.C. 7401 et seq
Dated: April 26, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
0
2. Section 52.1370 is amended by adding paragraph (c)(73) to read as
follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(73) On September 23, 2011, the State of Montana submitted new
rules to the Administrative Rules of Montana (ARM). The submittal
included new rules to ARM Chapter 17. The incorporation by reference in
paragraphs (i)(A) and (i)(B) reflect the new rules.
(i) Incorporation by reference.
(A) Administrative Rules of Montana: 17.8.1601, Definitions;
17.8.1602, Applicability and Coordination with Montana Air Quality
Permit Rules; 17.8.1603, Emission Control Requirements; 17.8.1604,
Inspection and Repair Requirements; 17.8.1605, Recordkeeping
Requirements; 17.8.1606, Delayed Effective Date; effective January 1,
2006.
(B) Administrative Rules of Montana: 17.8.1701, Definitions;
17.8.1702, Applicability; 17.8.1703, Registration Process and
Information; 17.8.1704, Registration Fee; 17.8.1705, Operating
Requirements: Facility-wide; 17.8.1710, Oil or Gas Well Facilities
General Requirements; 17.8.1711, Oil or Gas Well Facilities Emission
Control Requirements; 17.8.1712, Oil or Gas Well Facilities Inspection
and Repair Requirements; 17.8.1713, Oil or Gas Well Facilities
Recordkeeping and Reporting Requirements; effective April 7, 2006.
[FR Doc. 2013-27555 Filed 11-18-13; 8:45 am]
BILLING CODE 6560-50-P
