Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to Administrative Rules of Montana, 47885-47887 [2019-19550]
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<![CDATA[
47885
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
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. 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
State effective
date
Title
*
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 November 12,
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 may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
*
*
EPA effective
date
Dated: September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Section 52.320(e) is amended in the
table by adding the entry ‘‘Regional
Haze 5 Year Progress Report’’ after the
entry for ‘‘State Implementation Plan for
Class I Visibility Protection, State of
Colorado’’ under the heading
‘‘Visibility’’ to read as follows:
■
§ 52.320
*
Identification of plan.
*
*
(e) * * *
*
*
Final rule citation/date
*
Comments
*
*
*
*
*
*
Local Ordinances/Resolutions
*
*
*
*
Visibility
*
*
Regional Haze 5 Year Progress Report .......
*
*
*
[FR Doc. 2019–19547 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0326; FRL–9999–32–
Region 8]
Approval and Promulgation of Air
Quality Implementation Plans;
Montana; Revisions to Administrative
Rules of Montana
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jspears on DSK3GMQ082PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
State Implementation Plan (SIP)
revisions submitted by the State of
SUMMARY:
VerDate Sep<11>2014
16:37 Sep 10, 2019
*
11/19/2015
Jkt 247001
*
10/11/2019
*
*
[Insert Federal Register citation], 9/11/2019
*
*
Montana on February 23, 2017. The
revisions are to the Administrative
Rules of Montana (ARM) open burning
and permitting regulations to align the
ARM with the current Montana Code
Annotated (MCA) procedures for
appealing a permit and requesting a
hearing. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on October
11, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR- EPA–R08–OAR–
2019–0326. 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
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
*
*
*
publicly available only in hard copy
form. Publicly available docket
materials are available through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6252, dobrahner.jaslyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our July 8, 2019
proposal (84 FR 32361). In that
document we proposed to approve a SIP
revision that the State of Montana
E:\FR\FM\11SER1.SGM
11SER1
47886
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
submitted on February 23, 2017,
containing amendments to open burning
and permitting regulations in the ARM
at 17.8.610, Major Open Burning Source
Restrictions; 17.8.612, Conditional Air
Quality Open Burning Permits; 17.8.613,
Christmas Tree Waste Open Burning
Permits; 17.8.614, Commercial Film
Production Open Burning Permits;
17.8.615, Firefighter Training; and
17.8.749, Conditions for Issuance or
Denial of Permit.1 The amendments: (1)
Add references to sections 75–2–211,
Permits for Construction, Installation,
Alteration, or Use and 75–2–213, Energy
Development Project—Hearing and
Procedures of the MCA pertaining to the
process for appealing air quality
permits, including requesting a hearing;
(2) remove duplicative language in the
ARM; and (3) and make minor editorial
changes. The Montana Board of
Environmental Review adopted the
amendments on June 3, 2016 (effective
July 9, 2016). We did not receive any
comments on the proposed rule.
II. Final Action
In this action, the EPA is approving
SIP amendments to Administrative
Rules of Montana, shown in Table 1,
submitted by the State of Montana on
February 23, 2017.
TABLE 1—LIST OF MONTANA AMENDMENTS THAT THE EPA IS APPROVING
Amended sections in the February 23, 2017 submittal for approval
17.8.610(3), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), 17.8.749(7).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, 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
1 The February 23, 2017, submittal also included
revisions to 17.8.1210, General Requirements for
Air Quality Operating Permit Content. However, the
state does not want us to act on 17.8.1210, because
it is not part of the Federal SIP. (Memorandum from
State of Montana to the EPA (June 26, 2019)).
jspears on DSK3GMQ082PROD with RULES
III. Incorporation by Reference
In this document, 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 the
amendments described in section II. 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.2
VerDate Sep<11>2014
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Fmt 4700
Sfmt 4700
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. 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 November 12,
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 may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
2 62
E:\FR\FM\11SER1.SGM
FR 27968 (May 22, 1997).
11SER1
47887
Federal Register / Vol. 84, No. 176 / Wednesday, September 11, 2019 / Rules and Regulations
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
■
September 4, 2019.
Gregory Sopkin,
Regional Administrator, Region 8.
■
Rule title
Authority: 42 U.S.C. 7401 et seq.
§ 52.1370
Subpart BB—Montana
2. In § 52.1370, the table in paragraph
(c) is amended:
■ a. By removing the entry for ‘‘17.610’’;
State effective
date
EPA final rule
date
Identification of plan.
*
*
(c) * * *
*
Final rule citation
*
Comments
*
17.8.610 ....
*
Major Open Burning
Source Restrictions.
*
7/9/2016
*
9/11/2019
*
[Insert Federal Register
citation].
*
*
*
17.8.612 ....
*
Conditional Air Quality
Open Burning Permits.
Christmas Tree Waste
Open Burning Permits.
Commercial Film Production Open Burning Permits.
Firefighter Training ..........
*
7/9/2016
*
9/11/2019
*
*
7/9/2016
9/11/2019
7/9/2016
9/11/2019
*
[Insert Federal Register
citation].
[Insert Federal Register
citation].
[Insert Federal Register
citation].
7/9/2016
9/11/2019
[Insert Federal Register
citation].
*
Conditions for Issuance or
Denial of Permit.
*
7/9/2016
*
9/11/2019
*
[Insert Federal Register
citation].
17.8.613 ....
17.8.614 ....
17.8.615 ....
*
17.8.749 ....
*
*
*
*
*
*
*
*
[FR Doc. 2019–19550 Filed 9–10–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0064; FRL–9999–16–
Region 8]
South Dakota; Approval of Revisions
to the State Air Pollution Control Rules
and to the Permitting Rules for the
Prevention of Significant Deterioration
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
jspears on DSK3GMQ082PROD with RULES
1. The authority citation for part 52
continues to read as follows:
*
40 CFR part 52 is amended as follows:
State
citation
b. By adding an entry for ‘‘17.8.610’’
in numerical order; and
■ c. By revising the entries for
‘‘17.8.612,’’ ‘‘17.8.613,’’ ‘‘17.8.614,’’
‘‘17.8.615,’’ and ‘‘17.8.749’’.
The addition and revisions read as
follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
VerDate Sep<11>2014
16:37 Sep 10, 2019
Jkt 247001
*
related to South Dakota’s Air Pollution
Control Program. The October 23, 2015
submittal revises certain definitions in
the Prevention of Significant
Deterioration (PSD) permitting rules and
general definition section related to
greenhouse gases (GHGs). In this
rulemaking, we are also taking final
action on portions of the October 23,
2015 submittal, which were not acted
on in our previous final rulemaking
published on October 13, 2016. The
effect of this rulemaking is to ensure
that certain definitions in South
Dakota’s PSD rules are in compliance
with the Federal PSD requirements.
This action is being taken under the
Clean Air Act (CAA).
This final rule is effective on
October 11, 2019.
DATES:
The Environmental Protection
Agency (EPA) is taking final action to
approve State Implementation Plan
(SIP) and Operating Permit Program
revisions submitted by the State of
South Dakota on October 23, 2015,
SUMMARY:
*
The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0064. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
ADDRESSES:
PO 00000
Frm 00013
Fmt 4700
*
*
(1), (3), (4), (5), (6), and (8) approved
with state effective date of 12/27/02.
(7) approved with state effective
date of 10/17/03 and revised with
state effective date of 7/9/2016.
Sfmt 4700
*
*
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 through https://
www.regulations.gov, or please contact
the person identified in the For FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Kevin Leone, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–QP, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6227, leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
E:\FR\FM\11SER1.SGM
11SER1
]]>Agencies
[Federal Register Volume 84, Number 176 (Wednesday, September 11, 2019)]
[Rules and Regulations]
[Pages 47885-47887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19550]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0326; FRL-9999-32-Region 8]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to Administrative Rules of Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of State Implementation Plan (SIP) revisions submitted by the
State of Montana on February 23, 2017. The revisions are to the
Administrative Rules of Montana (ARM) open burning and permitting
regulations to align the ARM with the current Montana Code Annotated
(MCA) procedures for appealing a permit and requesting a hearing. The
EPA is taking this action pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on October 11, 2019.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR- EPA-R08-OAR-2019-0326. 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 https://www.regulations.gov, or please contact the person identified in the
``For Further Information Contact'' section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6252, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our July
8, 2019 proposal (84 FR 32361). In that document we proposed to approve
a SIP revision that the State of Montana
[[Page 47886]]
submitted on February 23, 2017, containing amendments to open burning
and permitting regulations in the ARM at 17.8.610, Major Open Burning
Source Restrictions; 17.8.612, Conditional Air Quality Open Burning
Permits; 17.8.613, Christmas Tree Waste Open Burning Permits; 17.8.614,
Commercial Film Production Open Burning Permits; 17.8.615, Firefighter
Training; and 17.8.749, Conditions for Issuance or Denial of Permit.\1\
The amendments: (1) Add references to sections 75-2-211, Permits for
Construction, Installation, Alteration, or Use and 75-2-213, Energy
Development Project--Hearing and Procedures of the MCA pertaining to
the process for appealing air quality permits, including requesting a
hearing; (2) remove duplicative language in the ARM; and (3) and make
minor editorial changes. The Montana Board of Environmental Review
adopted the amendments on June 3, 2016 (effective July 9, 2016). We did
not receive any comments on the proposed rule.
---------------------------------------------------------------------------
\1\ The February 23, 2017, submittal also included revisions to
17.8.1210, General Requirements for Air Quality Operating Permit
Content. However, the state does not want us to act on 17.8.1210,
because it is not part of the Federal SIP. (Memorandum from State of
Montana to the EPA (June 26, 2019)).
---------------------------------------------------------------------------
II. Final Action
In this action, the EPA is approving SIP amendments to
Administrative Rules of Montana, shown in Table 1, submitted by the
State of Montana on February 23, 2017.
Table 1--List of Montana Amendments That the EPA Is Approving
------------------------------------------------------------------------
Amended sections in the February 23, 2017 submittal for approval
-------------------------------------------------------------------------
17.8.610(3), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) and
(9), 17.8.615(6) and (7), 17.8.749(7).
------------------------------------------------------------------------
III. Incorporation by Reference
In this document, 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 the
amendments described in section II. 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.\2\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, 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. 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 November 12, 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 may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
[[Page 47887]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
September 4, 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:
0
a. By removing the entry for ``17.610'';
0
b. By adding an entry for ``17.8.610'' in numerical order; and
0
c. By revising the entries for ``17.8.612,'' ``17.8.613,''
``17.8.614,'' ``17.8.615,'' and ``17.8.749''.
The addition and revisions read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
State EPA final rule
State citation Rule title effective date date Final rule citation Comments
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17.8.610......... Major Open Burning 7/9/2016 9/11/2019 [Insert Federal
Source Register citation].
Restrictions.
* * * * * * *
17.8.612......... Conditional Air 7/9/2016 9/11/2019 [Insert Federal
Quality Open Register citation].
Burning Permits.
17.8.613......... Christmas Tree 7/9/2016 9/11/2019 [Insert Federal
Waste Open Burning Register citation].
Permits.
17.8.614......... Commercial Film 7/9/2016 9/11/2019 [Insert Federal
Production Open Register citation].
Burning Permits.
17.8.615......... Firefighter 7/9/2016 9/11/2019 [Insert Federal
Training. Register citation].
* * * * * * *
17.8.749......... Conditions for 7/9/2016 9/11/2019 [Insert Federal (1), (3), (4), (5),
Issuance or Denial Register citation]. (6), and (8)
of Permit. approved with
state effective
date of 12/27/02.
(7) approved with
state effective
date of 10/17/03
and revised with
state effective
date of 7/9/2016.
* * * * * * *
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[FR Doc. 2019-19550 Filed 9-10-19; 8:45 am]
BILLING CODE 6560-50-P
