Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; Correction, 30984-30988 [2015-13129]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 104 (Monday, June 1, 2015)]
[Proposed Rules]
[Pages 30984-30988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13129]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0304; FRL-9928-51-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve State Implementation Plan (SIP) revisions submitted by the 
State of Montana on March 17, 2010, August 1, 2011, November 22, 2011, 
and September 19, 2014. The revisions are to the Administrative Rules 
of Montana (ARM) and include minor editorial and grammatical changes, 
updates to citations and references to federal and state laws and 
regulations, revisions to open burning rules, changes to the process 
for appealing air quality permits, and providing a process for 
revocation of air quality permits when owners cannot be found by mail. 
Also in this action, EPA is proposing to correct final rules pertaining 
to Montana's SIP. On January 29, 2010, EPA took direct final action to 
approve SIP revisions as submitted by the State of Montana on January 
16, 2009 and May 4, 2009. EPA subsequently discovered an error in our 
January 29, 2010 direct final action related to ``incorporation by 
reference'' (IBR) materials and the associated regulatory text 
numbering. EPA is proposing to correct this error with today's action. 
This action is being taken under section 110 of the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before July 1, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2010-0304, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     Email: fulton.abby@epa.gov.
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Such deliveries are only accepted 
Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding federal 
holidays. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2010-0304. 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. For additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at https://www.epa.gov/epahome/dockets.htm. For additional 
instructions on submitting comments, go to section I, General 
Information, of the SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the 
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 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, 8:00 a.m. to 4:00 p.m., excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6563, 
fulton.abby@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 initials ARM mean or refer to the Administrative Rules 
of Montana.
    (iii) The initials BACT mean or refer to Best Available Control 
Technology.
    (iv) The word or initials Board or BER mean or refer to the 
Montana Board of Environmental Review.
    (v) The initials CAMR mean or refer to the Environmental 
Protection Agency's Clear Air Mercury Rule.
    (vi) The initials CBI mean or refer to confidential business 
information.
    (vii) The initials CFR mean or refer to the United States Code 
of Federal Regulations.
    (viii) The initials DEQ mean or refer to the Department of 
Environmental Quality.
    (ix) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (x) The initials IBR mean or refer to Incorporate by Reference.
    (xi) The initials MCA mean or refer to the Montana Code 
Annotated.
    (xii) The initials NAAQS mean or refer to national ambient air 
quality standards.
    (xiii) The initials NESHAP mean or refer to National Emission 
Standards for Hazardous Air Pollutants.
    (xiv) The initials NSPS mean or refer to New Source Performance 
Standards.
    (xv) The initials SIP mean or refer to State Implementation 
Plan.
    (xvi) The word State means or refers to the State of Montana.

[[Page 30985]]

I. General Information

What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit CBI to EPA through https://www.regulations.gov or email. Clearly 
mark the part or all of the information that you claim to be CBI. For 
CBI information on a disk or CD ROM that you mail to EPA, mark the 
outside of the disk or CD ROM as CBI and then identify electronically 
within the disk or CD ROM the specific information that is claimed as 
CBI. In addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register, date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period 
deadline identified.

II. Background

    A. On March 17, 2010 the State of Montana submitted a SIP revision 
containing amendments to IBR current federal regulations and other 
material into air quality rules at ARM 17.8.102, 17.8.302, 17.8.767, 
17.8.802, 17.8.822, 17.8.902, and 17.8.1002. The amendments update IBR 
dates, make minor editorial and grammatical changes, and delete 
references to EPA's Clean Air Mercury Rule (CAMR) which was vacated in 
February 2008. The Montana Board of Environmental Review (BER) adopted 
the amendments on October 2, 2009.
    B. On August 1, 2011 the State submitted a SIP revision containing 
amendments to IBR current federal regulations and other material into 
air quality rules at ARM 17.8.102. The revisions update IBR dates and 
associated references, make minor editorial and grammatical changes, 
and delete the exclusion from IBR of 40 Code of Federal Regulations 
(CFR) part 60, subpart DDDD--Emissions Guidelines and Compliance Times 
for Commercial and Industrial Solid Waste Incineration Units. The BER 
adopted the amendments on January 28, 2011.
    C. On November 22, 2011 Montana submitted a SIP revision containing 
amendments to ARM 17.8.604, 17.8.610, 17.8.612, 17.8.613, 17.8.614, 
17.8.615, and 17.8.763. The amendments allow certain open burning to 
occur in areas other than where waste was generated, revise the process 
for appealing air quality permits, provide a process for revocation of 
air quality permits when owners cannot be found by mail, and make minor 
editorial and grammatical changes. The Board adopted the amendments on 
March 25, 2011.
    D. On September 19, 2014 the State of Montana submitted a SIP 
revision containing amendments to IBR current federal regulations and 
other material into air quality rules at ARM 17.8.102. The amendments 
update IBR dates, make minor editorial and grammatical changes, and 
delete references to certain subparts of 40 CFR parts 60 and 63. The 
Montana BER adopted the amendments on May 30, 2014.
    E. On January 26, 2010, EPA took direct final action (75 FR 3993) 
to approve revisions to ARM 17.8.102--Incorporation by Reference--
Publication Dates, with a State effective date of October 26, 2007. In 
a subsequent action, EPA took final action on July 8, 2011 (76 FR 
40237) and inadvertently approved revisions to ARM 17.8.102 with a 
state effective date of June 17, 2005. This action provides notice that 
language in ARM 17.8.102 with a State effective date of October 26, 
2007 was in effect between January 26, 2010 and publication of this 
notice. A copy of ARM 17.8.102 effective October 26, 2007 is available 
within this docket.
    F. On January 29, 2010, EPA published a direct final rule in the 
Federal Register approving Montana SIP revisions to the ARM. This 
action proposes to correct an error in the regulatory language in 40 
CFR 52.1370(c) of EPA's January 29, 2010 direct final rule (75 FR 
4698).
    The State was delegated the authority for implementation and 
enforcement of National Emission Standards for Hazardous Air Pollutants 
(NESHAPs) through a Federal Register notice on May 11, 1995 (60 FR 
25143) and New Source Performance Standards (NSPS) by letter on January 
9, 2004 (69 FR 43371, July 20, 2004). When a delegation of authority is 
granted, EPA authorizes a state to implement and enforce a federal 
regulation. Prior to receiving delegation, NESHAPs and NSPS were 
enforced through Montana's SIP.\1\ Through this process, the State 
IBR'd the Federal NESHAPs and NSPS in 40 CFR parts 60, 61, and 63 into 
its SIP-approved regulations. However, since receiving program 
delegation, many of the parts of the IBR referencing NESHAPs and NSPS 
in parts 60, 61, and 63 no longer need to be approved into Montana's 
SIP. EPA is working with the State to remove unnecessary parts of 
NESHAPs and NSPS from its SIP. These amendments will be reflected in a 
future Federal Register action. In the interim, we are proposing no 
action on any SIP revisions referencing 40 CFR parts 60, 61, and 63.
---------------------------------------------------------------------------

    \1\ See Douglas M. Ski, Chief of the Air Programs Branch, EPA 
Region 8, Memorandum to Jeffery T. Chaffe, Chief of the Montana Air 
Quality Bureau (October 9, 1991).
---------------------------------------------------------------------------

III. EPA's Review of the State of Montana's March 17, 2010; August 1, 
2011; November 22, 2011; and September 19, 2014 Submittals, and CFR 
Correction

A. March 17, 2010 SIP Submittal

    The State's March 17, 2010 SIP submittal contained amendments 
adopted by the State on October 2, 2009 (effective October 16, 2009) 
and includes the following types of amendments to the State's air 
quality rules: Revisions to its IBR of documents and other statutory 
references; and updated references to the July 1, 2008 edition of the 
CFR and the December 31, 2008 edition of the ARM. The revisions also 
make minor editorial and grammatical changes, and delete certain 
references to rules which have been vacated.
    We are not acting on several of the State's amendments in the March 
17, 2010 submittal that delete certain provisions from the State's 
rules because we did not approve those provisions into the SIP when 
they were part of a prior submittal from the State and they reference 
an NSPS in 40 CFR part 60. On November 1, 2006, the State submitted 
revisions to its SIP, including amendments to ARM 17.8.302, 17.8.767, 
17.8.802, 17.8.902, and 17.8.1002. In our January 26, 2010 action (75 
FR 3993), EPA did not act on revisions to ARM 17.8.302, 17.8.767, 
17.8.802, 17.8.902, or 17.8.1002 because the revisions

[[Page 30986]]

referenced CAMR which was vacated by the U.S. Court of Appeals for the 
D.C. Circuit on February 8, 2008 (see New Jersey v. EPA, 517 F. 3d 
574).
    In its March 17, 2010 submission, the State revisions delete 
references to CAMR in ARM 17.8.302(1)(a)(ii), 17.8.767(1)(c), 
17.8.802(1)(d), 17.8.902(1)(a), 17.8.1002(1)(a). Since EPA did not act 
on revisions to these sections of the ARM in our January 26, 2010 
action, references to CAMR were never approved into Montana's SIP. 
Furthermore, as explained in the ``Background'' section of this notice, 
we are proposing no action on revisions referencing 40 CFR parts 60, 
61, and 63. Therefore, EPA is proposing no action on the 2010 revisions 
to ARM 17.8.302(1)(a)(ii), 17.8.767(1)(c), 17.8.802(1)(d), 
17.8.902(1)(a), and 17.8.1002(1)(a).
    The March 17, 2010 revisions to ARM 17.8.102(1), 17.8.102(1)(a), 
and 17.8.102(1)(c) make minor grammatical changes and update the 
citations and references to federal law and State rules. In subsequent 
SIP submittals dated August 1, 2011 and September 19, 2014, the State 
again updates IBR publication dates. We therefore propose to act on 
revisions to ARM 17.8.102(1)(a), and 17.8.102(1)(c) from the September 
19, 2014 submittal, as discussed below, and to approve the grammatical 
changes to ARM 17.8.102(1) from the March 17, 2010 submittal. Since the 
March 17, 2010 publication date revisions to these three rules were 
superseded by the August 1, 2011 and September 19, 2014 submittals, we 
are not acting on the publication date revisions in the March 17, 2010 
submittal.
    The March 2010 submittal also makes minor editorial and grammatical 
changes to ARM 17.8.102(2), 17.8.102(2)(a), and 17.8.102(3). ARM 
17.8.102(2) and (3) list subparts of NSPS at 40 CFR part 60 and NESHAPs 
at 40 CFR part 63 which are excluded from IBR. We therefore propose no 
action on the revisions to ARM 17.8.102(2), 17.8.102(2)(a), and 
17.8.102(3) from the August 1, 2011 submittal.
    Finally, the submittal deletes ARM 17.8.802(1)(c) and 17.8.822(9), 
which require compliance with the ambient monitoring requirements of 40 
CFR part 58, Appendix B. EPA proposes to approve revisions to ARM 
17.8.802(1)(c) and 17.8.822(9) because that appendix no longer exists.

B. August 1, 2011 SIP Submittal

    The State's August 1, 2011 SIP submittal contained amendments 
adopted by the State on January 28, 2011 (effective February 11, 2011) 
and includes the following types of amendments to the State's air 
quality rules: Revisions to its IBR of documents and other statutory 
references contained in the State's air quality rules; an updated 
reference to the July 1, 2009 edition of the CFR; and updated 
references to the 2006 edition of the United States Code and Supplement 
II (2009), and the December 31, 2009 edition of the ARM. The revisions 
also make minor editorial and grammatical changes, and delete 
references to a rule which has been vacated.
    The August 1, 2011 revisions to ARM 17.8.102(1)(a), 17.8.102(1)(b), 
and 17.8.102(1)(c) update the citations and references to federal law 
and State rules. In a subsequent SIP submittal dated September 19, 
2014, the State again updates IBR publication dates. We therefore 
propose to act on revisions to ARM 17.8.102(1)(a), 17.8.102(1)(b), and 
17.8.102(1)(c) from the September 19, 2014 submittal, as discussed 
below. Since the August 1, 2011 publication date revisions to these 
three rules were superseded by the September 19, 2014 submittals, we 
are not acting on the publication date revisions in the August 1, 2011 
submittal.
    Additionally, the August 1, 2011 revisions makes a minor editorial 
change to ARM 17.8.102(3)(b) which excludes 40 CFR part 63, subpart 
KKKKK, National Emission Standards for Hazardous Air Pollutants for 
Clay Ceramics Manufacturing from IBR and deletes ARM 17.8.102(3)(d) 
which references portions of 40 CFR part 63, subpart DDDD--NESHAP for 
Plywood and Composite Wood Products. As previously discussed, we are 
not acting on revisions referencing 40 CFR parts 60 and 61, and 
therefore propose no action on ARM 17.8.102(3)(b) and 17.8.103(d).

C. November 22, 2011 SIP Submittal

    The State's November 22, 2011 SIP submittal contained amendments 
adopted by the State on March 25, 2011 (effective April 15, 2011) and 
includes the following types of amendments to the State's air quality 
rules: Revisions to open burning rules regarding burning locations, 
permit appeal processes, grammatical changes, and revisions to the 
notification process of intent to revoke Montana Air Quality Permits.
    Revisions to open burning rules in ARM section 17.8.604 specify the 
circumstances under which moving wood waste from the location where it 
was generated and burning it elsewhere may occur. The purpose of the 
revisions are to provide an exception to the general prohibition to 
allow wood waste generated in areas where burning would be unwise 
(e.g., where burning wood waste on the premises where it is generated 
would produce unacceptable amounts of smoke that could cause or 
contribute to a violation of the National Ambient Air Quality Standards 
(NAAQS)) to be moved to areas where the burning could take place under 
conditions protective of the NAAQS and other conditions applicable to 
open burning.
    In our August 24, 2006 final rule (71 FR 49999), we took no action 
on revisions to ARM 17.8.604(1)(a) that were submitted by the State on 
April 18, 2003 because language used in the rule revision was 
considered a department discretion. However, the State's November 22, 
2011 submittal removes previous discretionary language of ``or unless 
approval is granted by the department on a case by case basis'' from 
its April 18, 2003 submittal and replaces it with criteria that the 
department applies when determining whether to issue a permit that 
allows for burning of any wood waste at a location other than where the 
wood waste was generated. The revisions ensure waste that is moved from 
the premises where it is generated is still prohibited material and may 
not be burned unless it is conducted pursuant to a landfill or 
conditional open burning permit issued by the department. For 
conditional air quality open burning, the State's rules require that 
the department only issue a permit under its rules if the open burning 
will not cause or contribute to a violation of the NAAQS and that the 
open burn conform to Best Available Control Technology (BACT) (ARM 
17.8.612). Among other things, BACT also requires that these additional 
categories only burn during the time periods specified by the 
department (ARM 17.8.601(1)). The revisions also ensure the movement 
and burning is only an option for wood that is not already described as 
prohibited and ensure other methods of disposal are considered.
    In our July 20, 2004 proposed notice (69 FR 43373) we explained 
that the proposed changes would not impact the stringency of the rule. 
In a letter to EPA dated August 19, 2004, the State clarified the 
intent of proposed changes to ARM 17.8.604(1)(a) stating that the 
purpose is to ``. . . allow open burning of material moved to an 
alternative site for purposes of better attaining and maintaining the 
NAAQS.'' ARM 17.8.604(1)(a) further allows ``. . . movement of material 
for open burning to locations that minimize health effects caused by 
exposure to smoke emissions. For example, when municipalities 
experience massive tree damage, disposal of material by open burning 
within city limits would expose

[[Page 30987]]

populations to smoke emissions. However, if material is relocated to an 
alternate site, populations are better protected from adverse health 
effects caused by exposure to smoke emissions'' (comment letter from 
Jan Sensibaugh, Director, Montana Department of Environmental Quality 
(DEQ) to EPA Air & Radiation Program Director Richard Long, contained 
within this docket).
    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
towards attainment of the NAAQS or any other applicable requirements of 
the Act. The proposed revisions to ARM 17.8.604(1) do not interfere 
with the maintenance of the NAAQS or any other applicable requirement 
of the Act. The November 22, 2011 submittal revises the open burning 
rules; however, as discussed earlier, we do not believe the changes 
will impact the NAAQS. Therefore, section 110(l) requirements are 
satisfied and we consequently propose to approve revisions to ARM 
17.8.604(1)(a).
    We propose to approve the revision to ARM 17.8.610(2) which 
corrects a grammatical error.
    Revisions to ARM 17.8.612, 17.8.613, 17.8.614, and 17.8.615 reflect 
the Montana Legislature's revision of the process for appealing air 
quality permits pursuant to 75-2-211, Montana Code Annotated (MCA). The 
2003 Legislature amended 75-2-211, MCA, to eliminate an automatic stay 
of the department's decision to issue a permit upon a permit appeal. 
Instead, during a 15-day delay before the department decision on the 
permit application becomes final, a permit decision may be stayed only 
following a petition and a finding that the person requesting the stay 
is entitled to the relief demanded in the request for hearing or that 
continuation of the permit would cause the petitioner great or 
irreparable injury. After 15 days, the department's decision cannot be 
appealed. If a stay is granted, but the appeal ultimately fails, the 
petitioner is liable for costs and damages to the permit applicant.
    On March 11, 2003, EPA mailed a memorandum to the Director of the 
Montana DEQ \2\ which expressed potential concern with legislation 
(including revisions to 75-2-211, MCA) pending in the Montana 
Legislature. As outlined in the memo, EPA was concerned that the 
proposed legislation had the potential to create major impediments to 
the public's ability to challenge air permits in state court as 
required by the CAA. An important consideration before EPA approves 
programs under the CAA is that the state must provide the same 
opportunity for judicial review of the air permitting actions in state 
court as would be available in federal court. The proposed bill (HB No. 
700, available within this docket) contained provisions which would 
have required citizens and organizations to file for a preliminary 
injunction and then post a bond if such injunction was granted. The 
appealing party's bond required coverage of the permittee's costs of 
delay. Another provision required the person challenging the permit to 
indemnify the permittee for the same items covered in the bond. 
However, this language (see HB No. 700, Section 1. 75-2-211.(11)(d) and 
(e) contained within this docket) was struck from the legislation prior 
to approval.
---------------------------------------------------------------------------

    \2\ See Stephen S. Tuber, Acting Assistant Regional 
Administrator for the Office of Partnerships and Regulatory 
Assistance, Memorandum to Jan Sensibaugh, Director of Montana 
Department of Environmental Quality (March 11, 2003).
---------------------------------------------------------------------------

    We therefore conclude that the 2003 revisions made to 75-2-211, MCA 
(contained within this docket) do not conflict with the CAA 
requirements for judicial review of air permitting actions (see 42 
U.S.C. 7607(b) \3\ and 7607(d) \4\) and consequently propose to approve 
revisions to 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) 
and (9), and 17.8.615(6) and (7). Finally, revision to ARM 17.8.763 
provides a process for notice by publication of the department's intent 
to revoke a Montana Air Quality Permit issued under Title 17, chapter 
8, subchapter 7 when an owner or operator cannot be found for service 
by certified mail. We propose to approve the revision to ARM 
17.8.763(3).
---------------------------------------------------------------------------

    \3\ The Environmental Appeals Board Practice Manual, EPA, 
(September 2010) https://www.epa.gov/eab/pmanual.pdf.
    \4\ 42 U.S.C. 7607(d)(7)(B) states: ``Only an objection to a 
rule or procedure which was raised with reasonable specificity 
during the period for public comment (including any public hearing) 
may be raised during judicial review . . .'' ``If the Administrator 
refuses to convene such a proceeding, such person may seek review of 
such refusal in the United States court of appeals for the 
appropriate circuit (as provided in subsection (b) of this section). 
Such reconsideration shall not postpone the effectiveness of the 
rule. The effectiveness of the rule may be stayed during such 
reconsideration, however, by the Administrator or the court for a 
period not to exceed three months.''
---------------------------------------------------------------------------

D. September 19, 2014 SIP Submittal

    The State's September 19, 2014 SIP submittal contained amendments 
adopted by the State on May 30, 2014 (effective June 12, 2014) and 
includes the following types of amendments to the State's air quality 
rules: Revisions to its IBR of documents and other statutory references 
contained in the State's air quality rules; an updated reference to the 
July 1, 2013 edition of the CFR; and an updated reference to the 2012 
edition of the United States Code as it existed on December 31, 2013. 
The revisions also make minor editorial and grammatical changes; delete 
references to NSPS and NESHAPs which are excluded from IBR; delete 
references to a rule which has been vacated; and add information on how 
to obtain IBR materials referenced in the ARM.
    The September 19, 2014 revisions to ARM 17.8.102(1)(a), 
17.8.102(1)(b), and 17.8.102(1)(c) update the citations and references 
to federal law and State rules. We propose to approve these revisions.
    The September 19, 2014 revisions delete ARM 17.8.102(2), 
17.8.102(2)(a), and 17.8.102(2)(b) which reference subparts of 40 CFR 
part 60 (NSPS) that are excluded from IBR. The revisions also make a 
minor editorial change to ARM 17.8.102(3); delete certain language in 
ARM 17.8.102(3)(a) and ARM 17.8.102(3)(b) which references 40 CFR part 
63, subpart JJJJ, NESHAP for Brick and Structural Clay Products 
Manufacturing and subpart KKKK, NESHAP for Clay Ceramics Manufacturing, 
respectively; and delete ARM 17.8.102(3)(c) which references 40 CFR 
part 63, subpart DDDDD, NESHAP for Industrial, Commercial, and 
Institutional Boilers and Process Heaters. We propose no action on 
these revisions since they are in reference to 40 CFR parts 60 and 63.
    Finally, the September 19, 2014 revisions add ARM 17.8.102(3) and 
17.8.102(4)(a) through (d) which includes information on how to obtain 
a copy of materials incorporated by reference in this chapter of the 
ARM and copies of federal materials. We propose to approve language 
added to ARM 17.8.102(3) and 17.8.102(4)(a) through (d).
Proposed Correction
    In the direct final rule published in the Federal Register on 
January 29, 2010 (75 FR 4698), on page 4700, third column, we propose 
to correct the amendatory instruction 2, in the second line, ``. . . 
adding paragraph (c) (68) . . .'' to read: ``. . . Adding paragraph (c) 
(69) . . ..''; and also propose the conforming change in the regulatory 
text, changing paragraph (c)(68) to (c)(69). This proposed change is 
necessary because of the inadvertent error made to this regulatory 
language in our action at 75 FR 4698.

[[Page 30988]]

IV. What action is EPA taking?

    EPA is proposing to approve grammatical changes made to ARM 
17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from 
the March 17, 2010 submittal. We propose to approve November 22, 2011 
revisions to ARM 17.8.604(1)(a),17.8.610(2), 17.8.612(10) and (11), 
17.8.613(8) and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), and 
17.8.763(3). We propose to approve the September 19, 2014 submittal's 
citations and references to federal law and State rules superseding and 
replacing all previous versions of ARM 17.8.102(1)(a), 17.8.102(1)(b), 
and 17.8.102(1)(c). Previous submittals were received on March 17, 2010 
and August 1, 2011. We also propose to approve language added to ARM 
17.8.102(3) and 17.8.102(4)(a) through (d) from the September 19, 2014 
submittal. Our action also provides notice that language in ARM 
17.8.102 was in effect between January 16, 2010 and publication of this 
notice. Finally, EPA proposes to correct erroneous amendatory 
instructions published in the Federal Register on January 29, 2010 (75 
FR 4698).

V. Statutory and Executive Orders Review

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Administrative Rules of Montana regarding citations and 
references to federal and State laws and regulations; open burning 
rules; air quality permits appeal process; and revocation of air 
quality permits discussed in section III, EPA's Review of the State of 
Montana's March 17, 2010; August 1, 2011; November 22, 2011; and 
September 19, 2014 Submittals, and CFR Correction, of this preamble. 
The EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this proposed action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: May 13, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
[FR Doc. 2015-13129 Filed 5-29-15; 8:45 am]
BILLING CODE 6560-50-P