Approval and Promulgation of Air Quality Implementation Plans; Montana; Incorporation by Reference Updates, 37774-37778 [2019-16382]
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
circuit by October 1, 2019. 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,
approving the removal from the SIP of
a state regulation governing emissions
from EAFs because there are no such
sources in Delaware and removing
references to the EAF regulation in two
other SIP approved state regulations,
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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
Dated: July 22, 2019.
Cosmo Servidio,
Regional Administrator, Region III.
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.
a. Under ‘‘1114 Visible Emissions’’ by
revising the entries for ‘‘Section 1.0,
General Provisions’’ and ‘‘Section 2.0
Requirements’’;
■ b. Under ‘‘1117, Source Monitoring,
Recordkeeping and Reporting’’, by
revising the entry ‘‘Section 3.0,
Minimum Emission Monitoring
Requirements for Existing Sources’’; and
■ c. Removing the heading ‘‘1123,
Standards of Performance for Steel
Plants: Electric Arc Furnaces’’,
including the entries ‘‘Section 1.0’’
through ‘‘Section 5.0’’. The revisions
read as follows:
■
§ 52.420
Subpart I—Delaware
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2. Amend § 52.420, in the table in
paragraph (c):
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Identification of plan.
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(c) * * *
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EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State regulation
(7 DNREC 1100)
State
effective
date
Title/subject
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EPA approval date
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1114
Section 1.0 .................
General Provisions
9/11/2008
Section 2.0 .................
Requirements ........
9/11/2008
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Section 3.0 .................
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Minimum Emission
Monitoring Requirements for
Existing Sources.
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8/2/2019, [Insert
Federal Register citation].
8/2/2019, [Insert
Federal Register citation].
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9/11/2008
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8/2/2019, [Insert
Federal Register citation].
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ENVIRONMENTAL PROTECTION
AGENCY
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ACTION:
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Incorporation by Reference
Updates
Environmental Protection
Agency (EPA).
AGENCY:
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Final rule.
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Montana on
August 6, 2018. The revisions include
an update to incorporate by reference
the 2016 version of the Code of Federal
Regulations (CFR) and 2015 version of
the United States Code (U.S.C.) within
the Administrative Rules of Montana
(ARM) that are part of the Montana SIP.
The revisions also include
administrative changes that consolidate
SUMMARY:
[EPA–R08–OAR–2019–0268; FRL–9997–07–
Region 8]
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Revise 3.2 so that it reads, ‘‘3.2 Fuel Burning Equipment—
Fuel burning equipment except as provided in 3.2
through 3.4 of this regulation . . .’’ And remove 3.5,
‘‘Electric arc furnaces—See 7 DE Admin. Code 1123.’’
40 CFR Part 52
16:58 Aug 01, 2019
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Source Monitoring, Recordkeeping and Reporting
BILLING CODE 6560–50–P
VerDate Sep<11>2014
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Remove the phrase, ‘‘except electric arc furnaces and
their associated dust-handling equipment as set forth in
2.2 of this regulation.’’
Remove the requirement of 2.2, which reads ‘‘2.2 The requirements of 2.1 of this regulation shall not apply to
electric arc furnaces, and their associated dust-handling
equipment, with a capacity of more than 100 tons which
are governed by 7 DE Admin. Code 1123.’’
*
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[FR Doc. 2019–16438 Filed 8–1–19; 8:45 am]
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Visible Emissions
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1117
Additional explanation
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Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations
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the ARM’s references to the CFR and
U.S.C. and remove two CFR exemptions
from incorporation by reference into the
ARM. Additional revisions remove
incorporation by reference of certain
EPA standards for which the State
already has delegated authority from the
EPA.
DATES: This final rule is effective on
September 3, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0268. 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., 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 through www.regulations.gov,
or please contact the person identified
in the ‘‘For Further Information
Contact’’ section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Chris Dresser, Air and Radiation
Division, U.S. Environmental Protection
Agency (EPA), Region 8, Mail Code
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6385, dresser.chris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In a rulemaking published on June 10,
2019 (84 FR 26806), the EPA proposed
approval of SIP revisions submitted by
the State of Montana to: (1) Amend
ARM 17.8.103, 17.8.302, 17.8.602,
17.8.767, 17.8.802, 17.8.902, 17.8.1002,
17.8.1102, and 17.8.1402 to remove
repetitive text describing the location of
rule reference material and centralize
and consolidate those reference
citations into sections 17.8.102(3) and
(4); (2) Modify air quality rules by
correcting an internal reference in ARM
17.8.904; (3) Amend ARM 17.8.102(2),
to remove the exemptions of 40 CFR
part 63, subparts JJJJJ and KKKKK; (4)
Remove references to 40 CFR parts 60,
61, and 63 in ARM 17.8.102(2),
17.8.103(1)(f)–(i), 17.8.302(1)(a)–(c),
17.8.767(1)(c)–(d), 17.8.802(1)(c)–(d),
17.8.902(1)(a)–(b), and 17.8.1002(1)(a)–
(b) from the SIP, because Montana has
separately been delegated authority for
parts 60, 61, and 63; and (5) Update
ARM 17.8.102(1) to incorporate by
reference the 2016 version of the CFR
and the 2015 version of the U.S.C. In
this rulemaking the EPA is taking final
action to approve proposed revisions 1,
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3, 4, and 5. The reasons for our approval
are provided in the proposed rule.
The EPA proposed to modify
Montana’s SIP by correcting an internal
reference in ARM 17.8.904 (revision #2
described earlier). However, since the
affected section (17.8.904(7)) has not yet
been approved into Montana’s SIP, the
correction cannot be finalized in this
action. The EPA plans to approve the
affected section with the correct internal
reference in a future rulemaking.
Additionally, the EPA proposed
removal of references to 40 CFR parts 60
and 61 within ARM section 17.8.767.
This change was mistakenly described
in the proposed rule as removing
sections 17.8.767(1)(c)–(d), but the
currently approved SIP defines those
particular CFR references under sections
17.8.767(1)(d)–(e). Therefore, consistent
with the intent of the State’s rule
change, the EPA will be removing the
appropriate sections (17.8.767(1)(d)–(e))
from Montana’s currently approved SIP
in this final rule.
II. Response to Public Comments
The EPA received one anonymous
comment letter on the EPA’s proposed
approval of SIP revisions submitted by
the State of Montana.
Comment 1: The commenter remarks
that the EPA states it is necessary and
appropriate to incorporate NESHAP JJJJJ
and KKKKK into the SIP, but the EPA
does not say why it is necessary.
Further, the commenter states that there
should be no reason for a state to
incorporate federal rules into their SIP
as they are already federally
enforceable, and the State does not need
to get SIP approval for the State to get
delegation for state enforcement.
Response 1: The EPA agrees that the
State is not required to incorporate
NESHAPs into its SIP and clarifies that
by approving Montana’s submitted SIP
revisions to ARM 17.8.102(2), which
would remove the exemptions for 40
CFR part 63, subparts JJJJJ and KKKKK
from the SIP, these NESHAPs will not
be part of Montana’s SIP. The EPA’s
proposed approval of Montana’s
revisions to ARM 17.8.102(2)
mistakenly stated that approval would
‘‘effectively incorporat[e] the most
recent federal rules covering emissions
from brick and structural clay products
manufacturing and clay ceramics
manufacturing into Montana’s SIP.’’
However, the EPA clarifies that
approval of Montana’s revisions to ARM
17.8.102(2) will not result in 40 CFR
part 63, subparts JJJJJ and KKKKK being
included in Montana’s SIP. This is
because the EPA is approving other
parts of Montana’s SIP submission that
request to remove the underlying
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incorporation by reference of all
NESHAPs in its SIP, including but not
limited to subparts JJJJJ and KKKKK.
Specifically, Montana requested to
remove from its SIP ARM 17.8.103(1)(i)
and ARM 17.8.302(1)(c), which
incorporate by reference all of 40 CFR
part 63. Therefore, because the EPA is
approving Montana’s request to remove
from its SIP the underlying
incorporation by reference of all
NESHAPs, the removal of the exemption
of the NESHAPs in subparts JJJJJ and
KKKKK from the SIP will not result in
those two NESHAPs being included in
the SIP. Lastly, it is important to note
that although 40 CFR part 63, subparts
JJJJJ and KKKKK are not included in
Montana’s SIP, they are nevertheless
included in Montana’s state
administrative rules, and the EPA has
delegated to Montana the authority to
implement those NESHAPs. As a result,
even though those NESHAPs are not
part of Montana’s SIP, they are part of
a separate EPA delegation of authority
to Montana, which allows Montana to
implement and enforce those NESHAPs.
Comment 2: The commenter states
that the EPA says it is necessary and
appropriate to incorporate the 2016 CFR
and the 2015 U.S.C. but does not
address the fact that doing so would
make all changes in the CFR since 2016
not applicable in the State and all
changes in the statute since 2015 not
applicable in the State. The commenter
further suggests that the EPA must
disapprove because incorporating old
versions of the CFR or U.S.C. could be
construed to mean that the 2019 CFR
and U.S.C. do not apply until the State
incorporates these sections by reference.
By approving old versions of the CFR or
U.S.C. into the SIP EPA is allowing the
State to be more lenient than the federal
government in terms of enforcing air
pollution requirements.
Response 2: The EPA disagrees with
the commenter’s characterization of
which versions of the CFR and U.S.C.
should be adopted through this action,
and of the consequences of not
approving the most recent versions.
Under CAA section 110(k), the EPA is
required to act on a state’s SIP revision
package, which contains requested
changes to their SIP, and to approve the
revision to the extent it meets the
requirements of the CAA. In this case,
the State of Montana requested updates
to its SIP’s incorporation by reference
references, which currently incorporate
the 2013 version of the CFR and 2012
version of the U.S.C., so that these
references would reflect the 2016
version of the CFR and 2015 version of
the U.S.C. Such a gap is a normal part
of the cooperative federalism inherent
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in the SIP process—states must adopt
SIP measures through state-level
processes with specific procedural
requirements and submit those revisions
to the EPA (see generally 40 CFR 51.100
et seq., including Appendix V), and
then the EPA has up to 18 months in
which to act on those submissions
under CAA section 110(k). In this case,
at the time Montana started its State
rulemaking process, the 2016 and 2015
versions of the CFR and U.S.C. were the
most recent versions available. If the
State wishes to adopt more recent
versions, it will be required to submit a
SIP package requesting that the EPA
update its SIP accordingly. Future State
rulemaking and SIP update packages
will continue to update the
incorporation by reference dates as
appropriate. Additionally, the
commenter is incorrect in its assertion
that the more recent versions of the CFR
and U.S.C. will not apply. All current
federal regulations and laws
promulgated and published in the CFR
and U.S.C. apply throughout the nation,
including in Montana. So, approving
these specific SIP revisions do not make
the State’s enforcement ‘‘more lenient’’
than under the current federal
regulations and laws, even if those
submissions incorporate since-revised
versions of federal laws and regulations.
Additionally, the commenter does not
raise any specific differences between
the 2016 and 2015 versions of the CFR
and U.S.C. and the current versions of
the CFR and U.S.C. that it believes
would cause the State’s SIP to be ‘‘more
lenient’’ than current federal law and
thus not approvable.
III. Final Action
For the reasons expressed in the
proposed rule, and the reasons
explained in the response to public
comments, the EPA is approving the SIP
submittal, containing recent
amendments to the ARM, submitted by
the State of Montana on August 6, 2018,
as follows: (1) Amend ARM 17.8.103,
17.8.302, 17.8.602, 17.8.767, 17.8.802,
17.8.902, 17.8.1002, 17.8.1102, and
17.8.1402 to remove repetitive text
describing the location of rule reference
material and centralize and consolidate
those reference citations into sections
17.8.102(3) and (4); (2) Amend ARM
17.8.102(2), to remove the exemptions
of 40 CFR part 63, subparts JJJJJ and
KKKKK; (3) Remove references to 40
CFR parts 60, 61, and 63 in ARM
17.8.102(2), 17.8.103(1)(f)–(i),
17.8.302(1)(a)–(c), 17.8.767(1)(d)–(e),
17.8.802(1)(c)–(d), 17.8.902(1)(a)–(b),
and 17.8.1002(1)(a)–(b) from the SIP,
because Montana has separately been
delegated authority for parts 60, 61, and
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63; and (4) Update ARM 17.8.102(1) to
incorporate by reference the 2016
version of the CFR and the 2015 version
of the U.S.C.
IV. 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. The EPA has
made, and will continue to make, these
materials generally available through
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 the final rulemaking
of the EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.1
V. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted 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
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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, 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).
In addition, 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).
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 October 1, 2019.
Filing a petition for reconsideration by
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the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
State citation
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Subpart BB—Montana
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1370
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1. The authority citation for part 52
continues to read as follows:
■
State
effective
date
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2. In § 52.1370, the table in paragraph
(c) is amended by revising the table
entries for ‘‘17.8.102,’’ ‘‘17.8.103,’’
‘‘17.8.302,’’ ‘‘17.8.602,’’ ‘‘17.8.767,’’
‘‘17.8.802,’’ ‘‘17.8.902,’’ ‘‘17.8.1002,’’
‘‘17.8.1102’’ and ‘‘17.8.1402’’.
The revisions read as follows:
■
Dated: July 26, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
Rule title
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Authority: 42 U.S.C. 7401 et seq.
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
EPA final
rule date
*
Identification of plan.
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(c) * * *
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Final rule citation
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Comments
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(i) Administrative Rules of Montana, Subchapter 01, General Provisions
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17.8.102 ............
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Incorporation by Reference ...............
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2/23/2018
17.8.103 ............
Incorporation by Reference ...............
2/23/2018
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[Insert Federal Register
citation]. 8/2/2019.
9/3/2019 [Insert Federal Register
citation]. 8/2/2019.
9/3/2019
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Excluding (2).
Excluding (1)(f)–(i)
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(ii) Administrative Rules of Montana, Subchapter 03, Emission Standards
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17.8.302 ............
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Incorporation by Reference ...............
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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Excluding (1)(a)–(c).
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(iv) Administrative Rules of Montana, Subchapter 06, Open Burning
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17.8.602 ............
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Incorporation by Reference ...............
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
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17.8.767 ............
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Incorporation by Reference ...............
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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Excluding (1)(c)–(d).
(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
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17.8.802 ............
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Incorporation by Reference ...............
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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Excluding (1)(c)–(d).
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(vii) Administrative Rules of Montana, Subchapter 09, Permit Requirements for Major Stationary Sources or Major Modifications
Locating Within Nonattainment Areas
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17.8.902 ............
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Incorporation by Reference ...............
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[Insert Federal Register
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Excluding (1)(a)–(b).
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State citation
State
effective
date
Rule title
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EPA final
rule date
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Final rule citation
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Comments
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(viii) Administrative Rules of Montana, Subchapter 10, Preconstruction Permit Requirements for Major Stationary Sources or Major
Modifications Locating Within Attainment or Unclassified Areas
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17.8.1002 ..........
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Incorporation by Reference ...............
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2/23/2018
9/3/2019
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[Insert Federal Register
citation]. 8/2/2019.
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Excluding (1)(a)–(b).
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(ix) Administrative Rules of Montana, Subchapter 11, Visibility Impact Assessment
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17.8.1102 ..........
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Incorporation by Reference ...............
*
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2/23/2018
9/3/2019
*
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[Insert Federal Register
citation]. 8/2/2019.
*
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(xi) Administrative Rules of Montana, Subchapter 14, Conformity of General Federal Actions
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17.8.1402 ..........
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Incorporation by Reference ...............
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[FR Doc. 2019–16382 Filed 8–1–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190729–0006]
RIN 0648–XG657
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS revises Illex squid
specifications and maintains previously
approved longfin squid and butterfish
specifications for the 2019 fishing year.
This action is necessary to specify catch
levels for the Illex squid fishery based
on updated information on allowable
catch levels and to provide notice that
NMFS is maintaining the previously
approved longfin squid and butterfish
specifications. These specifications are
intended to promote the sustainable
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:58 Aug 01, 2019
Jkt 247001
*
2/23/2018
9/3/2019
*
*
*
[Insert Federal Register
citation]. 8/2/2019.
*
*
*
utilization and conservation of the squid
and butterfish resources.
DATES: Effective August 1, 2019.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Supplemental Information Report (SIR),
the Regulatory Impact Review (RIR), and
the Regulatory Flexibility Act (RFA)
analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331. The EA/RIR/
RFA analysis is also accessible via the
internet at www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180135.
FOR FURTHER INFORMATION CONTACT:
Douglas Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require
the Mid-Atlantic Fishery Management
Council’s Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
*
acceptable biological catch (ABC) advice
of the Council’s Scientific and
Statistical Committee (SSC). The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. In addition, the
regulations require the specification of
domestic annual harvest (DAH),
domestic annual processing (DAP), total
allowable level of foreign fishing
(TALFF), joint venture processing (JVP),
commercial and recreational annual
catch targets (ACT), the butterfish
mortality cap in the longfin squid
fishery, and initial optimum yield (IOY)
for both squid species.
On May 1, 2019 (84 FR 18471), we
published a proposed rule in the
Federal Register seeking public
comment on revising the previously
approved 2019 Illex squid specifications
and maintaining the longfin squid and
butterfish specifications. The proposed
rule for this action included additional
background on specifications and the
details of how the Council derived its
recommended specifications for Illex
and longfin squid and butterfish. Those
details are not repeated here. For
additional information, please refer to
the proposed rule for this action.
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Rules and Regulations]
[Pages 37774-37778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16382]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0268; FRL-9997-07-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Incorporation by Reference Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on August 6, 2018. The revisions include an update to incorporate by
reference the 2016 version of the Code of Federal Regulations (CFR) and
2015 version of the United States Code (U.S.C.) within the
Administrative Rules of Montana (ARM) that are part of the Montana SIP.
The revisions also include administrative changes that consolidate
[[Page 37775]]
the ARM's references to the CFR and U.S.C. and remove two CFR
exemptions from incorporation by reference into the ARM. Additional
revisions remove incorporation by reference of certain EPA standards
for which the State already has delegated authority from the EPA.
DATES: This final rule is effective on September 3, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0268. 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., 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 through
www.regulations.gov, or please contact the person identified in the
``For Further Information Contact'' section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Chris Dresser, Air and Radiation
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail
Code 8ARD-QP, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303)
312-6385, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In a rulemaking published on June 10, 2019 (84 FR 26806), the EPA
proposed approval of SIP revisions submitted by the State of Montana
to: (1) Amend ARM 17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802,
17.8.902, 17.8.1002, 17.8.1102, and 17.8.1402 to remove repetitive text
describing the location of rule reference material and centralize and
consolidate those reference citations into sections 17.8.102(3) and
(4); (2) Modify air quality rules by correcting an internal reference
in ARM 17.8.904; (3) Amend ARM 17.8.102(2), to remove the exemptions of
40 CFR part 63, subparts JJJJJ and KKKKK; (4) Remove references to 40
CFR parts 60, 61, and 63 in ARM 17.8.102(2), 17.8.103(1)(f)-(i),
17.8.302(1)(a)-(c), 17.8.767(1)(c)-(d), 17.8.802(1)(c)-(d),
17.8.902(1)(a)-(b), and 17.8.1002(1)(a)-(b) from the SIP, because
Montana has separately been delegated authority for parts 60, 61, and
63; and (5) Update ARM 17.8.102(1) to incorporate by reference the 2016
version of the CFR and the 2015 version of the U.S.C. In this
rulemaking the EPA is taking final action to approve proposed revisions
1, 3, 4, and 5. The reasons for our approval are provided in the
proposed rule.
The EPA proposed to modify Montana's SIP by correcting an internal
reference in ARM 17.8.904 (revision #2 described earlier). However,
since the affected section (17.8.904(7)) has not yet been approved into
Montana's SIP, the correction cannot be finalized in this action. The
EPA plans to approve the affected section with the correct internal
reference in a future rulemaking.
Additionally, the EPA proposed removal of references to 40 CFR
parts 60 and 61 within ARM section 17.8.767. This change was mistakenly
described in the proposed rule as removing sections 17.8.767(1)(c)-(d),
but the currently approved SIP defines those particular CFR references
under sections 17.8.767(1)(d)-(e). Therefore, consistent with the
intent of the State's rule change, the EPA will be removing the
appropriate sections (17.8.767(1)(d)-(e)) from Montana's currently
approved SIP in this final rule.
II. Response to Public Comments
The EPA received one anonymous comment letter on the EPA's proposed
approval of SIP revisions submitted by the State of Montana.
Comment 1: The commenter remarks that the EPA states it is
necessary and appropriate to incorporate NESHAP JJJJJ and KKKKK into
the SIP, but the EPA does not say why it is necessary. Further, the
commenter states that there should be no reason for a state to
incorporate federal rules into their SIP as they are already federally
enforceable, and the State does not need to get SIP approval for the
State to get delegation for state enforcement.
Response 1: The EPA agrees that the State is not required to
incorporate NESHAPs into its SIP and clarifies that by approving
Montana's submitted SIP revisions to ARM 17.8.102(2), which would
remove the exemptions for 40 CFR part 63, subparts JJJJJ and KKKKK from
the SIP, these NESHAPs will not be part of Montana's SIP. The EPA's
proposed approval of Montana's revisions to ARM 17.8.102(2) mistakenly
stated that approval would ``effectively incorporat[e] the most recent
federal rules covering emissions from brick and structural clay
products manufacturing and clay ceramics manufacturing into Montana's
SIP.'' However, the EPA clarifies that approval of Montana's revisions
to ARM 17.8.102(2) will not result in 40 CFR part 63, subparts JJJJJ
and KKKKK being included in Montana's SIP. This is because the EPA is
approving other parts of Montana's SIP submission that request to
remove the underlying incorporation by reference of all NESHAPs in its
SIP, including but not limited to subparts JJJJJ and KKKKK.
Specifically, Montana requested to remove from its SIP ARM
17.8.103(1)(i) and ARM 17.8.302(1)(c), which incorporate by reference
all of 40 CFR part 63. Therefore, because the EPA is approving
Montana's request to remove from its SIP the underlying incorporation
by reference of all NESHAPs, the removal of the exemption of the
NESHAPs in subparts JJJJJ and KKKKK from the SIP will not result in
those two NESHAPs being included in the SIP. Lastly, it is important to
note that although 40 CFR part 63, subparts JJJJJ and KKKKK are not
included in Montana's SIP, they are nevertheless included in Montana's
state administrative rules, and the EPA has delegated to Montana the
authority to implement those NESHAPs. As a result, even though those
NESHAPs are not part of Montana's SIP, they are part of a separate EPA
delegation of authority to Montana, which allows Montana to implement
and enforce those NESHAPs.
Comment 2: The commenter states that the EPA says it is necessary
and appropriate to incorporate the 2016 CFR and the 2015 U.S.C. but
does not address the fact that doing so would make all changes in the
CFR since 2016 not applicable in the State and all changes in the
statute since 2015 not applicable in the State. The commenter further
suggests that the EPA must disapprove because incorporating old
versions of the CFR or U.S.C. could be construed to mean that the 2019
CFR and U.S.C. do not apply until the State incorporates these sections
by reference. By approving old versions of the CFR or U.S.C. into the
SIP EPA is allowing the State to be more lenient than the federal
government in terms of enforcing air pollution requirements.
Response 2: The EPA disagrees with the commenter's characterization
of which versions of the CFR and U.S.C. should be adopted through this
action, and of the consequences of not approving the most recent
versions. Under CAA section 110(k), the EPA is required to act on a
state's SIP revision package, which contains requested changes to their
SIP, and to approve the revision to the extent it meets the
requirements of the CAA. In this case, the State of Montana requested
updates to its SIP's incorporation by reference references, which
currently incorporate the 2013 version of the CFR and 2012 version of
the U.S.C., so that these references would reflect the 2016 version of
the CFR and 2015 version of the U.S.C. Such a gap is a normal part of
the cooperative federalism inherent
[[Page 37776]]
in the SIP process--states must adopt SIP measures through state-level
processes with specific procedural requirements and submit those
revisions to the EPA (see generally 40 CFR 51.100 et seq., including
Appendix V), and then the EPA has up to 18 months in which to act on
those submissions under CAA section 110(k). In this case, at the time
Montana started its State rulemaking process, the 2016 and 2015
versions of the CFR and U.S.C. were the most recent versions available.
If the State wishes to adopt more recent versions, it will be required
to submit a SIP package requesting that the EPA update its SIP
accordingly. Future State rulemaking and SIP update packages will
continue to update the incorporation by reference dates as appropriate.
Additionally, the commenter is incorrect in its assertion that the more
recent versions of the CFR and U.S.C. will not apply. All current
federal regulations and laws promulgated and published in the CFR and
U.S.C. apply throughout the nation, including in Montana. So, approving
these specific SIP revisions do not make the State's enforcement ``more
lenient'' than under the current federal regulations and laws, even if
those submissions incorporate since-revised versions of federal laws
and regulations. Additionally, the commenter does not raise any
specific differences between the 2016 and 2015 versions of the CFR and
U.S.C. and the current versions of the CFR and U.S.C. that it believes
would cause the State's SIP to be ``more lenient'' than current federal
law and thus not approvable.
III. Final Action
For the reasons expressed in the proposed rule, and the reasons
explained in the response to public comments, the EPA is approving the
SIP submittal, containing recent amendments to the ARM, submitted by
the State of Montana on August 6, 2018, as follows: (1) Amend ARM
17.8.103, 17.8.302, 17.8.602, 17.8.767, 17.8.802, 17.8.902, 17.8.1002,
17.8.1102, and 17.8.1402 to remove repetitive text describing the
location of rule reference material and centralize and consolidate
those reference citations into sections 17.8.102(3) and (4); (2) Amend
ARM 17.8.102(2), to remove the exemptions of 40 CFR part 63, subparts
JJJJJ and KKKKK; (3) Remove references to 40 CFR parts 60, 61, and 63
in ARM 17.8.102(2), 17.8.103(1)(f)-(i), 17.8.302(1)(a)-(c),
17.8.767(1)(d)-(e), 17.8.802(1)(c)-(d), 17.8.902(1)(a)-(b), and
17.8.1002(1)(a)-(b) from the SIP, because Montana has separately been
delegated authority for parts 60, 61, and 63; and (4) Update ARM
17.8.102(1) to incorporate by reference the 2016 version of the CFR and
the 2015 version of the U.S.C.
IV. 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. The EPA has made, and will continue to make,
these materials generally available through 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 the final rulemaking of
the EPA's approval, and will be incorporated by reference in the next
update to the SIP compilation.\1\
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted 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, 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).
In addition, 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).
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 October 1, 2019. Filing a
petition for reconsideration by
[[Page 37777]]
the Administrator of this final rule does not affect the finality of
this action for the purposes of judicial review nor does it extend the
time within which a petition for judicial review may be filed and shall
not postpone the effectiveness of such rule or action. This action may
not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: July 26, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
0
2. In Sec. 52.1370, the table in paragraph (c) is amended by revising
the table entries for ``17.8.102,'' ``17.8.103,'' ``17.8.302,''
``17.8.602,'' ``17.8.767,'' ``17.8.802,'' ``17.8.902,'' ``17.8.1002,''
``17.8.1102'' and ``17.8.1402''.
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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.102............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (2).
Reference. Register
citation]. 8/2/
2019.
17.8.103............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(f)-
Reference. Register (i)
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(ii) Administrative Rules of Montana, Subchapter 03, Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.302............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(a)-
Reference. Register (c).
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(iv) Administrative Rules of Montana, Subchapter 06, Open Burning
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.602............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal
Reference. Register
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.767............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(c)-
Reference. Register (d).
citation]. 8/2/
2019.
----------------------------------------------------------------------------------------------------------------
(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.802............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(c)-
Reference. Register (d).
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(vii) Administrative Rules of Montana, Subchapter 09, Permit Requirements for Major Stationary Sources or Major
Modifications Locating Within Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.902............... Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(a)-
Reference. Register (b).
citation]. 8/2/
2019.
[[Page 37778]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(viii) Administrative Rules of Montana, Subchapter 10, Preconstruction Permit Requirements for Major Stationary
Sources or Major Modifications Locating Within Attainment or Unclassified Areas
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.1002.............. Incorporation by 2/23/2018 9/3/2019 [Insert Federal Excluding (1)(a)-
Reference. Register (b).
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(ix) Administrative Rules of Montana, Subchapter 11, Visibility Impact Assessment
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.1102.............. Incorporation by 2/23/2018 9/3/2019 [Insert Federal
Reference. Register
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(xi) Administrative Rules of Montana, Subchapter 14, Conformity of General Federal Actions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
17.8.1402.............. Incorporation by 2/23/2018 9/3/2019 [Insert Federal
Reference. Register
citation]. 8/2/
2019.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-16382 Filed 8-1-19; 8:45 am]
BILLING CODE 6560-50-P
