Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to PSD Permitting Rules, 29694-29696 [2018-13597]
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29694
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
Dated: June 18, 2018.
E. Scott Pruitt,
Administrator.
For the reasons set forth in the
preamble, 40 CFR part 35 is amended as
follows:
PART 35—STATE AND LOCAL
ASSISTANCE
1. The authority citation for part 35
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C.
1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C.
6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C.
2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L.
104–134, 110 Stat. 1321, 1321–299 (1996);
Pub. L. 105–65, 111 Stat. 1344, 1373 (1997),
2 CFR 200.
2. Amend § 35.10010 by revising
paragraph (c) to read as follows:
■
§ 35.10010
Limitations on assistance.
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(c) Costs incurred, and the value of
any integral in-kind contributions made,
before receipt of credit assistance may
be considered in calculating eligible
project costs only upon approval of the
Administrator. Such costs and integral
in-kind contributions must be directly
related to the development or execution
of the project and must be eligible
project costs as defined in § 35.10005. In
addition, such costs, excluding the
value of any integral in-kind
contributions, are payable from the
proceeds of the WIFIA credit instrument
and shall be considered incurred costs
for purposes of paragraph (f) of this
section. Capitalized interest on the
WIFIA credit instrument is not eligible
for calculating eligible project costs.
*
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[FR Doc. 2018–13714 Filed 6–25–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2018–0136; FRL–9979–
76—Region 8]
Approval and Promulgation of Air
Quality Implementation Plans; State of
Montana; Revisions to PSD Permitting
Rules
Environmental Protection
Agency (EPA).
ACTION: Final rule.
Montana’s October 14, 2016 submittal
revises their prevention of significant
deterioration (PSD) regulations. This
action is being taken under section 110
of the Clean Air Act (CAA) (Act).
DATES: This final rule is effective on July
26, 2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2018–0136. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air Program, U.S.
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, (303) 312–6227,
leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the EPA taking final action
to approve?
The EPA is taking final action to
approve a revision to Montana’s PSD
regulations as submitted by the State of
Montana on October 14, 2016. We are
taking final action to approve the
following revision to Administrative
Rules of Montana (ARM)
17.8.818(7)(a)(iii): Removing the phrase
‘‘averaged over a 24-hour period.’’
We provided a detailed background in
our proposed rulemaking, published on
April 27, 2018. See 83 FR 18494. We
invited comment on all aspects of our
proposal and provided a 30-day
comment period. The comment period
ended on May 29, 2018.
In this action, we are responding to
the comments we received and taking
final rulemaking action on the State’s
October 14, 2016 submittal.
sradovich on DSK3GMQ082PROD with RULES
AGENCY:
II. Response to Comments
The Environmental Protection
Agency (EPA) is taking final action to
fully approve the State Implementation
Plan (SIP) revision submitted by the
State of Montana on October 14, 2016.
We received two comments during
the public comment period. After
reviewing the comments, the EPA has
determined that the comments are
outside the scope of our proposed action
or fail to identify any material issue
necessitating a response.
SUMMARY:
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III. Final Action
We are taking final action to approve
changes to Montana’s SIP—in particular
the revisions to ARM 17.8.818(7)(a)(iii),
which removes the phrase ‘‘averaged
over a 24-hour period’’—as submitted
on October 14, 2016. We are taking final
action to approve this change, as it is
consistent with the CAA and the EPA
regulations as follows:
1. CAA section 110(a)(2)(C), which
requires each state plan to include ‘‘a
program to provide for . . . the
regulation of the modification and
construction of any stationary source
within the areas covered by the plan as
necessary to assure that [the NAAQS]
are achieved, including a permit
program as required in parts C and D of
this subchapter’’;
2. CAA section 110(a)(2)(A), requires
that SIPs contain enforceable emissions
limitations and other control measures.
Under section CAA section 110(a)(2),
the enforceability requirement in
section 110(a)(2)(A) applies to all plans
submitted by a state. Montana’s
regulations in ARM 17.8 create
enforceable obligations for sources;
3. CAA section 110(i) (with certain
limited exceptions) prohibits states from
modifying SIP requirements for
stationary sources except through the
SIP revision process. As described in
our proposed rulemaking, Montana
fulfilled this requirement;
4. CAA section 110(l), provides that
the EPA cannot approve a SIP revision
that interferes with any applicable
requirement of the Act. The revisions to
ARM 17.8.818 would not interfere with
sections 110(a)(2) and 110(i) of the Act,
as they are in compliance with current
federal regulations;
5. CAA section 161, which requires a
SIP to contain emission limitations to
prevent significant deterioration of air
quality in regions designated as
attainment or unclassifiable; and
6. Montana’s SIP revision complies
with the requirements of 40 CFR 51.166
as the plan imposes the regulatory
requirements on individual sources, as
required by the regulatory provisions.
IV. Incorporation by Reference
In this action, the EPA is taking final
action 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 taking final action to
incorporate by reference a change to the
State of Montana’s SIP removing
‘‘averaged over a 24-hour period’’ from
ARM 17.8.818(7)(a)(iii). The EPA has
made, and will continue to make, these
materials generally available through
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29695
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
www.regulations.gov and at the EPA
Region 8 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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 this final
rulemaking, and will be incorporated by
reference in the next update to the SIP
compilation.1
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provision 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 actions,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely finalizes approval of 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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not expected to be an Executive
Order 13771 regulatory action because
this action is not significant under
Executive Order 12866;
• 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
State citation
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,
• Is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994)
because it does not establish an
environmental health or safety standard.
In addition, this final rule 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
State effective
date
Rule title
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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 August 27, 2018. 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, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: June 20, 2018.
Douglas Benevento,
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 by
revising table entry ‘‘17.8.818’’ to read
as follows:
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§ 52.1370
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Identification of plan.
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(c) * * *
EPA rule final
date
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Final rule citation
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Comments
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sradovich on DSK3GMQ082PROD with RULES
(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
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17.8.818 ....................
1 62
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Review of Major Stationary Sources and
Major Modifications—Source Applicability
and Exemptions.
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08/20/2016
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6/26/2018
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[insert Federal Register citation].
FR 27968 (May 22, 1997).
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29696
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations
State citation
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[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0557; FRL–9979–92–
Region 4]
Air Plan Approval; SC; VOC Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the South Carolina
State Implementation Plan (SIP). The
revision makes a modification to the
definition of ‘‘volatile organic
compounds’’ (VOC). EPA is approving
the SIP revision submitted by the State
of South Carolina, through the South
Carolina Department of Health and
Environmental Control (DHEC) on
September 5, 2017, because the State
has demonstrated that these changes are
consistent with the Clean Air Act (CAA
or Act).
DATES: This rule will be effective July
26, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0557. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
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State effective
date
Rule title
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EPA rule final
date
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official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. The telephone
number is (404) 562–8726. Mr. Wong
can be reached via electronic mail at
wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 29, 2004 (69 FR 69298),
EPA issued a final rule revising the
definition of VOC at 40 CFR 51.100(s)
by adding tertiary butyl acetate (or tButyl acetate or TBAC) to the list of
compounds that are considered to be
negligibly reactive and excluded from
the definition of VOC. Additionally, on
February 25, 2016 (81 FR 9339), EPA
issued a final rule further revising the
definition of VOC at 40 CFR 51.100(s)
by removing the recordkeeping,
emissions reporting, photochemical
dispersion modeling, and inventory
requirements for t-Butyl acetate. EPA
removed these requirements in part
because there was no evidence that
TBAC was being used at levels that
cause concern for ozone formation and
because the data that had been collected
under these requirements had proven to
be of limited utility in judging the
cumulative impacts of exempted
compounds.1 See 81 FR 9339, 9341.
On February 15, 2018 (83 FR 6822),
EPA published a notice of proposed
rulemaking (NPRM) for changes to the
South Carolina SIP, submitted by the
South Carolina DHEC on September 5,
2017. The submission revises South
Carolina Regulation 61–62.1—
Definitions and General Requirements,
specifically Section I—‘‘Definitions,’’ by
removing the recordkeeping, emissions
reporting, photochemical dispersion
1 In the 2016 EPA rule, EPA also discussed the
efforts surrounding any future determinations about
the health risks associated with TBAC, including
noting that data collected through the
recordkeeping and reporting requirements did not
appear relevant to any such future determinations
and that EPA was assessing the health risks from
TBAC through its Integrated Risk Information
System. This effort is on-going and more
information regarding health risks may be found at
EPA’s previous 2016 rulemaking (81 FR 9339,
9341).
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Final rule citation
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Comments
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modeling, and inventory requirements
for t-Butyl acetate. EPA received one
adverse comment in the proposed
rulemaking. After considering the
adverse comment, EPA is now taking
final action to approve the South
Carolina Regulation 61–62.1, Section I—
‘‘Definitions’’ revision. For more
information, see the February 15, 2018,
NPRM.
II. Response to Comment
Comment: EPA received one adverse
comment to the revision to Regulation
61–62.1, Section I—‘‘Definitions.’’ The
Commenter asserted that air quality
policy should be based on no negative
impacts on health, and as a result,
stated, ‘‘This proposed revision would
do the opposite because it fails to
acknowledge the change in emissions
that South Carolina could undertake
after tert-butyl acetate (TBAc) is taken
off the states list of volatile organic
compounds. I reject this revision
because EPA’s logic for approval is
flawed when they say, ‘‘. . . There was
no evidence that TBAc was being used
at levels that cause concern for ozone
formation . . .’’. The Commenter
expressed concerns that the use of
TBAC could change in South Carolina,
and since record keeping and
monitoring will no longer be required,
this impact will not be assessed.
Because of these concerns, the
Commenter recommended that EPA
prohibit South Carolina from adding
TBAC to the negligibly reactive list and
require South Carolina to continue
monitoring TBAC. Finally, the
Commenter noted health effects of
TBAC.
Response: EPA previously approved
South Carolina’s revision of its
definition of VOC which added t-Butyl
acetate to the list of negligibly reactive
compounds that are excluded from the
State’s definition of VOC. 72 FR 30704
(June 4, 2007). That prior rulemaking
action is final and is not reopened in the
current rulemaking action. Similarly,
EPA’s prior 2004 (60 FR 69298) final
rulemaking that revised the definition of
VOC to exclude TBAC as a negligibly
reactive compound and EPA’s 2016 (81
FR 9339) final rulemaking that removed
TBAC recordkeeping, emissions
reporting, photochemical dispersion
modeling, and inventory requirements
for TBAC are also not reopened in the
current rulemaking action. Rather, in
the current action, the State is merely
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]]>Agencies
[Federal Register Volume 83, Number 123 (Tuesday, June 26, 2018)]
[Rules and Regulations]
[Pages 29694-29696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13597]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2018-0136; FRL-9979-76--Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
State of Montana; Revisions to PSD Permitting Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to fully approve the State Implementation Plan (SIP) revision
submitted by the State of Montana on October 14, 2016. Montana's
October 14, 2016 submittal revises their prevention of significant
deterioration (PSD) regulations. This action is being taken under
section 110 of the Clean Air Act (CAA) (Act).
DATES: This final rule is effective on July 26, 2018.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2018-0136. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional information.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, U.S.
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227,
[email protected].
SUPPLEMENTARY INFORMATION:
I. What is the EPA taking final action to approve?
The EPA is taking final action to approve a revision to Montana's
PSD regulations as submitted by the State of Montana on October 14,
2016. We are taking final action to approve the following revision to
Administrative Rules of Montana (ARM) 17.8.818(7)(a)(iii): Removing the
phrase ``averaged over a 24-hour period.''
We provided a detailed background in our proposed rulemaking,
published on April 27, 2018. See 83 FR 18494. We invited comment on all
aspects of our proposal and provided a 30-day comment period. The
comment period ended on May 29, 2018.
In this action, we are responding to the comments we received and
taking final rulemaking action on the State's October 14, 2016
submittal.
II. Response to Comments
We received two comments during the public comment period. After
reviewing the comments, the EPA has determined that the comments are
outside the scope of our proposed action or fail to identify any
material issue necessitating a response.
III. Final Action
We are taking final action to approve changes to Montana's SIP--in
particular the revisions to ARM 17.8.818(7)(a)(iii), which removes the
phrase ``averaged over a 24-hour period''--as submitted on October 14,
2016. We are taking final action to approve this change, as it is
consistent with the CAA and the EPA regulations as follows:
1. CAA section 110(a)(2)(C), which requires each state plan to
include ``a program to provide for . . . the regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that [the NAAQS] are
achieved, including a permit program as required in parts C and D of
this subchapter'';
2. CAA section 110(a)(2)(A), requires that SIPs contain enforceable
emissions limitations and other control measures. Under section CAA
section 110(a)(2), the enforceability requirement in section
110(a)(2)(A) applies to all plans submitted by a state. Montana's
regulations in ARM 17.8 create enforceable obligations for sources;
3. CAA section 110(i) (with certain limited exceptions) prohibits
states from modifying SIP requirements for stationary sources except
through the SIP revision process. As described in our proposed
rulemaking, Montana fulfilled this requirement;
4. CAA section 110(l), provides that the EPA cannot approve a SIP
revision that interferes with any applicable requirement of the Act.
The revisions to ARM 17.8.818 would not interfere with sections
110(a)(2) and 110(i) of the Act, as they are in compliance with current
federal regulations;
5. CAA section 161, which requires a SIP to contain emission
limitations to prevent significant deterioration of air quality in
regions designated as attainment or unclassifiable; and
6. Montana's SIP revision complies with the requirements of 40 CFR
51.166 as the plan imposes the regulatory requirements on individual
sources, as required by the regulatory provisions.
IV. Incorporation by Reference
In this action, the EPA is taking final action 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
taking final action to incorporate by reference a change to the State
of Montana's SIP removing ``averaged over a 24-hour period'' from ARM
17.8.818(7)(a)(iii). The EPA has made, and will continue to make, these
materials generally available through
[[Page 29695]]
www.regulations.gov and at the EPA Region 8 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). 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 this final rulemaking, and will be incorporated by
reference in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provision 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 actions,
provided that they meet the criteria of the CAA. Accordingly, this
action merely finalizes approval of 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not expected to be an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866;
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,
Is not subject to Executive Order 12898 (59 FR 7629,
February 16, 1994) because it does not establish an environmental
health or safety standard.
In addition, this final rule 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 27, 2018. 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, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: June 20, 2018.
Douglas Benevento,
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 by revising table entry ``17.8.818''
to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
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State EPA rule final
State citation Rule title effective date date Final rule citation Comments
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* * * * * * *
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(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
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* * * * * * *
17.8.818............................. Review of Major Stationary 08/20/2016 6/26/2018 [insert Federal .........................
Sources and Major Register citation].
Modifications--Source
Applicability and Exemptions.
[[Page 29696]]
* * * * * * *
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* * * * *
[FR Doc. 2018-13597 Filed 6-25-18; 8:45 am]
BILLING CODE 6560-50-P
