Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana, 24853-24856 [2017-10924]
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24853
Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
County in South Carolina. Pursuant to
the Catawba Indian Claims Settlement
Act, S.C. Code Ann. 27–16–120, ‘‘all
state and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’ EPA
notes that today’s action 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 CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by July 31, 2017. 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. Parties with objections to this
direct final rule are encouraged to file a
comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
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: April 27, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
■
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 PP—South Carolina
2. Section 52.2120(c) is amended by
revising an entry under ‘‘Regulation No.
62.1’’ entitled ‘‘Section III’’ to read as
follows:
■
§ 52.2120
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Identification of plan.
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(c) * * *
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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State effective
date
State citation
Title/subject
*
*
Section III ........................................
*
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Emission Inventory and Emissions
Statement.
*
*
*
*
*
*
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[FR Doc. 2017–10920 Filed 5–30–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2017–0020; FRL–9963–15–
Region 8]
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Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to the
Administrative Rules of Montana
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve State Implementation
Plan (SIP) revisions submitted by the
SUMMARY:
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EPA approval
date
*
9/23/2016
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5/31/2017
Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2017–0020 at https://
www.regulations.gov. Follow the online
ADDRESSES:
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[Insert Federal Register page citation]
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state of Montana on September 8, 2016.
The revisions are to the Administrative
Rules of Montana (ARM) and include
updates to the citations and references
to federal and state laws and
regulations, updated links to sources of
information, and provides clarity on
how copies of federal regulations may
be obtained. This action is being taken
in accordance with section 110 of the
Clean Air Act (CAA).
DATES: This rule is effective on August
29, 2017 without further notice, unless
the EPA receives adverse comment by
June 30, 2017. If the EPA receives
adverse comment, we will publish a
timely withdrawal of the direct final
rule in the Federal Register informing
the public that the rule will not take
effect.
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Federal Register notice
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instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Publicly available docket
materials are available either
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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. The EPA
requests that 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 additional
submission methods, the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mail Code 8P–AR,
1595 Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final
rule?
asabaliauskas on DSKBBXCHB2PROD with RULES
The EPA is publishing this rule
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the ‘‘Proposed
Rules’’ section of the Federal Register,
we are publishing a separate document
that will serve as the proposed rule to
approve the SIP revisions if adverse
comments are received on this direct
final rule. We will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If the EPA receives adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that the rule will
not take effect. If the EPA receives
adverse comment on an amendment,
paragraph, or section of this rule, the
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. We would address all
public comments in a subsequent final
rule based on the proposed rule.
II. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit CBI
to the 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
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you mail to the 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.
III. Background
On September 8, 2016, the state of
Montana submitted formal revisions to
its SIP (hereafter, the ‘‘2016 SIP
revisions’’). The 2016 SIP revisions
contain amendments updating citations
and references to federal and state laws
and regulations in ARM sections
17.8.102 and 17.8.103. The Montana
Board of Environmental Review adopted
the amendments on May 29, 2015
(effective June 26, 2015).
IV. Review of the State of Montana’s
September 8, 2016 Submittal
We evaluated Montana’s September 8,
2016 submittal regarding revisions to
the State’s ARM. The 2016 SIP revisions
to ARM 17.8.102 and 17.8.103 update
the citations and references to federal
and state laws and regulations, update
links to sources of information, and
provide clarity on how copies of federal
regulations may be obtained. All of the
2016 SIP revisions are approvable.
Therefore, in this action we are
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approving revisions to ARM sections
17.8.102 and 17.8.103 as detailed in
Section V below.
V. What action is the EPA taking?
The amendments to Montana ARM
17.8.102 and 17.8.103 update the date of
the version of the federal regulations
incorporated by reference regarding air
quality rules as they existed on July 1,
2014, federal statutes as they existed on
December 31, 2013, and the September
30, 2014 edition of the ARM. Therefore,
the EPA is taking direct final action to
approve the following revisions, shown
in Table 1, to Montana’s air rules.
TABLE 1—LIST OF MONTANA
REVISIONS THE EPA IS APPROVING
Revised Sections in September 8, 2016
Submittal for Approval
September 8, 2016 submittal: 17.8.102(1)(a)–
(c); 17.8.103(4) and (5).
VI. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of
Administrative Rules of Montana
described in the amendments set forth
to 40 CFR part 52 below. Therefore,
these materials have been approved by
the EPA for inclusion in the SIP, have
been incorporated by reference by the
EPA into that plan, are fully federally
enforceable under sections 110 and 113
of the CAA as of the effective date of the
final rulemaking of the EPA’s approval,
and will be incorporated by reference by
the Director of the Federal Register in
the next update to the SIP compilation.1
The EPA has made, and will continue
to make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 8 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VII. Statutory and Executive Orders
Review
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, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this direct final
action merely approves some state law
1 62
FR 27968 (May 22, 1997).
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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,
Oct. 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, Aug. 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 the EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
State citation
methods, under Executive Order 12898
(59 FR 7629, Feb. 16, 1994).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where the 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).
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. The 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 July 31, 2017.
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,
State
effective
date
Rule title
EPA final
rule date
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 CAA
section 307(b)(2).)
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 12, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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(c) is amended
under ‘‘(i) Administrative Rules of
Montana, Subchapter 01, General
Provisions’’ by revising entries
‘‘17.8.102’’ and ‘‘17.8.103’’.
The revisions read as follows:
■
§ 52.1370
*
Identification of plan.
*
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(c) * * *
*
Final rule citation
*
Comments
(1) Statewide
(i) Administrative Rules of Montana, Subchapter 01, General Provisions
*
17.8.102 ..........................
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17.8.103 ..........................
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Incorporation by Reference.
Incorporation by Reference.
*
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6/26/15
6/26/15
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5/31/17
5/31/17
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[Insert Federal Register
citation].
[Insert Federal Register
citation].
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[FR Doc. 2017–10924 Filed 5–30–17; 8:45 am]
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Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[PA 200–4205; FRL–9959–23–Region 3]
Air Plan Approval; Pennsylvania;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; administrative
change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Pennsylvania state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) and
approved by EPA. This update affects
the SIP materials that are available for
public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective May 31,
2017.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Air Protection
Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103; or
NARA. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Sharon McCauley, (215) 814–3376, or by
email at mccauley.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with RULES
I. Background
The SIP is a living document which
a state revises as necessary to address its
unique air pollution problems.
Therefore, EPA, from time to time, must
take action on SIP revisions containing
new and/or revised regulations as being
part of the SIP. On May 22, 1997 (62 FR
27968), EPA revised the procedures for
incorporating by reference federallyapproved SIPs, as a result of
consultations between EPA and the
Office of the Federal Register (OFR). The
description of the revised SIP
document, IBR procedures and
‘‘Identification of plan’’ format are
discussed in further detail in the May
22, 1997 Federal Register document. On
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February 25, 2005 (70 FR 9450), EPA
published a document in the Federal
Register beginning the new IBR
procedure for Pennsylvania, including
Philadelphia and Allegheny Counties.
On January 3, 2007 (72 FR 200), March
25, 2009 (74 FR 13014), July 5, 2011 (76
FR 38992), and August 1, 2013 (78 FR
46516), EPA published updates to the
IBR material for Pennsylvania.
Since the publication of the last IBR
update, EPA has approved the following
regulatory changes to the following
regulations and sections for
Pennsylvania and Allegheny County:
A. Added Regulations
1. Additions of the following
regulations or sections in 25 PA Code,
article III:
a. Chapter 123 (Standards for
Contaminants, Sulfur Compound
Emissions), sections 123.22(f) and
123.22(g).
b. Chapter 129 (Standard for Sources),
(Sources for VOCs), sections 67(a) and
67(b).
2. Addition of title 65 (Pennsylvania
Statute—Public Officers), part II
(Accountability), chapter 11 (Ethics,
Standards, and Financial Disclosure),
sections 1101 (Short title of chapter),
1102 (Definitions), 1104 (Statement of
financial interests required to be filed),
1105 (Statement of financial interests)
and 1109 (Penalties).
3. Additions of the following
regulations or sections in Allegheny
County article XXI:
a. Additional definitions were added
to part A (General), section 2102.20.
b. Part D (Pollutant Emission
Standards), section 2104.09.
c. Part E (Source Emission and
Operating Standards), subpart 7
(Miscellaneous VOC Sources), section
2105.80 through 2105.86 inclusive.
B. Revised Regulations
1. Revisions to the following
regulations or sections in 25 PA Code,
article III:
a. Chapter 121 (General Provisions),
section 121.1.
b. Chapter 123 (Sulfur Compound
Emissions), sections 123.22(a) through
(e) inclusive.
c. Chapter 127 (Construction,
Modification, Reactivation, and
Operation of Sources), subchapter I
(Plan Approval and Operating Permit
Fees), section 127.701.
d. Chapter 129 (Standards for
Sources), (Sources of VOCs), sections
129.51, 129.67, and 129.77.
e. Chapter 130 (Standards for
Products), subchapter D (Adhesives,
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Sealants, Primers and Solvents), section
130.703.
f. Chapter 139 (Sampling and
Testing), subchapter A (Sampling and
Testing Methods and Procedures—
General), section 139.4.
g. Chapter 139 (Sampling and
Testing), subchapter A (Sampling and
Testing Methods and Procedures—
Stationary Sources), section 139.16.
2. Revisions to Allegheny County
article XXI:
a. Part A (General), sections 2101.10
and 2101.20.
b. Part B (Permits Generally), sections
2102.04, 2102.06, 2102.08 and 2102.10.
c. Part E (Source Emission and
Operating Standards), subpart 1—VOC
Sources, sections 2105.10 and 2105.11.
d. Part E (Source Emission and
Operating Standards), subpart 5—Open
Burning and Abrasive Blasting Sources,
section 2105.50.
C. Removed Regulations
In 25 PA Code article III, chapter 130
(Standards for Products), subchapter A
(Portable Fuel Containers), sections
130.101 through 130.108 inclusive have
been removed.
II. EPA Action
In this action, EPA is announcing the
update to the IBR material as of July 1,
2016 and revising the text within 40
CFR 52.2020(b).
EPA is revising our 40 CFR part 52
‘‘Identification of Plan’’ for the
Commonwealth of Pennsylvania
regarding incorporation by reference,
§ 52.2020(b). EPA is revising
§ 52.2020(b)(1) to clarify that all SIP
revisions listed in paragraphs (c) and
(d), regardless of inclusion in the most
recent ‘‘update to the SIP compilation,’’
are fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
in which EPA approved the SIP
revision, consistent with following our
‘‘Approval and Promulgations of Air
Quality Implementation Plans; Revised
Format of 40 CFR part 52 for Materials
Being Incorporated by Reference,’’
effective May 22, 1997 (62 FR 27968).
EPA is revising § 52.2020(b)(2) to clarify
references to other portions of paragraph
(b) with paragraph (b)(2). EPA is
revising paragraph (b)(3) to update
address and contact information.
In the table for paragraph 40 CFR
52.2020(c)(1), EPA is taking the
following action:
Rearrange entries in chapter 123
(Standards for Contaminants), (Sulfur
Compound Emissions), section 123.22
(a) through 123.22(e).
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Agencies
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24853-24856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10924]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2017-0020; FRL-9963-15-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve State Implementation Plan (SIP) revisions
submitted by the state of Montana on September 8, 2016. The revisions
are to the Administrative Rules of Montana (ARM) and include updates to
the citations and references to federal and state laws and regulations,
updated links to sources of information, and provides clarity on how
copies of federal regulations may be obtained. This action is being
taken in accordance with section 110 of the Clean Air Act (CAA).
DATES: This rule is effective on August 29, 2017 without further
notice, unless the EPA receives adverse comment by June 30, 2017. If
the EPA receives adverse comment, we 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-R08-
OAR-2017-0020 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Publicly available docket materials are
available either
[[Page 24854]]
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. The EPA requests that 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 additional submission methods, the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252,
dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA using a direct final rule?
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of the
Federal Register, we are publishing a separate document that will serve
as the proposed rule to approve the SIP revisions if adverse comments
are received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
If the EPA receives adverse comments, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. If the EPA receives adverse comment on an
amendment, paragraph, or section of this rule, the EPA may adopt as
final those provisions of the rule that are not the subject of an
adverse comment. We would address all public comments in a subsequent
final rule based on the proposed rule.
II. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit CBI to the 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 the 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.
III. Background
On September 8, 2016, the state of Montana submitted formal
revisions to its SIP (hereafter, the ``2016 SIP revisions''). The 2016
SIP revisions contain amendments updating citations and references to
federal and state laws and regulations in ARM sections 17.8.102 and
17.8.103. The Montana Board of Environmental Review adopted the
amendments on May 29, 2015 (effective June 26, 2015).
IV. Review of the State of Montana's September 8, 2016 Submittal
We evaluated Montana's September 8, 2016 submittal regarding
revisions to the State's ARM. The 2016 SIP revisions to ARM 17.8.102
and 17.8.103 update the citations and references to federal and state
laws and regulations, update links to sources of information, and
provide clarity on how copies of federal regulations may be obtained.
All of the 2016 SIP revisions are approvable. Therefore, in this action
we are approving revisions to ARM sections 17.8.102 and 17.8.103 as
detailed in Section V below.
V. What action is the EPA taking?
The amendments to Montana ARM 17.8.102 and 17.8.103 update the date
of the version of the federal regulations incorporated by reference
regarding air quality rules as they existed on July 1, 2014, federal
statutes as they existed on December 31, 2013, and the September 30,
2014 edition of the ARM. Therefore, the EPA is taking direct final
action to approve the following revisions, shown in Table 1, to
Montana's air rules.
Table 1--List of Montana Revisions the EPA Is Approving
------------------------------------------------------------------------
Revised Sections in September 8, 2016 Submittal for Approval
-------------------------------------------------------------------------
September 8, 2016 submittal: 17.8.102(1)(a)-(c); 17.8.103(4) and (5).
------------------------------------------------------------------------
VI. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of
Administrative Rules of Montana described in the amendments set forth
to 40 CFR part 52 below. Therefore, these materials have been approved
by the EPA for inclusion in the SIP, have been incorporated by
reference by the EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of the EPA's approval, and will be incorporated by
reference by the Director of the Federal Register in the next update to
the SIP compilation.\1\ The EPA has made, and will continue to make,
these materials generally available through www.regulations.gov and/or
at the EPA Region 8 Office (please contact the person identified in the
FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
VII. Statutory and Executive Orders Review
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, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
direct final action merely approves some state law
[[Page 24855]]
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, Oct. 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, Aug. 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 the 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, Feb. 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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).
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. The 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 July 31, 2017. 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 CAA section 307(b)(2).)
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 12, 2017.
Suzanne J. Bohan,
Acting Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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(c) is amended under ``(i) Administrative Rules of
Montana, Subchapter 01, General Provisions'' by revising entries
``17.8.102'' and ``17.8.103''.
The revisions read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA final rule Final rule
State citation Rule title effective date date citation Comments
----------------------------------------------------------------------------------------------------------------
(1) Statewide
(i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.102..................... Incorporation 6/26/15 5/31/17 [Insert Federal
by Reference. Register
citation].
17.8.103..................... Incorporation 6/26/15 5/31/17 [Insert Federal
by Reference. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-10924 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P