Approval and Promulgation of Implementation Plans; State of Montana; State Implementation Plan Revisions for Open Burning, 5327-5330 [2020-00196]
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
paragraph (b) of this section. No
additional extension will be allowed
pursuant to § 1.6081–1(b) beyond the
automatic five and one-half month
extension provided by this section.
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(g) Applicability date. This section
applies to applications for an automatic
extension of time to file an estate or
trust income tax return on or after
January 30, 2020. Section 1.6081–6T (as
contained in 26 CFR part 1, revised
April 2019) applies to applications for
an automatic extension of time to file a
return before January 30, 2020.
§ 1.6081–6T
[Removed]
Par. 27. Section 1.6081–6T is
removed.
■ Par. 28. Revise paragraphs (a), (b)(1)
and (3), and (c) through (f) of § 1.6081–
9 to read as follows:
■
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§ 1.6081–9 Automatic extension of time to
file exempt or political organization returns.
(a) In general. An entity required to
file a return on a form in the Form 990
series (Form 990, ‘‘Return of
Organization Exempt From Income
Tax,’’ Form 990–BL, ‘‘Information and
Initial Excise Tax Return for Black Lung
Benefit Trusts and Certain Related
Persons,’’ Form 990–EZ, ‘‘Short Form
Return of Organization Exempt From
Income Tax,’’ Form 990–PF, ‘‘Return of
Private Foundation,’’ and Form 990–T,
‘‘Exempt Organization Business Tax
Return’’), Form 1041–A, ‘‘U.S.
Information Return-Trust Accumulation
of Charitable Amounts,’’ Form 1120–
POL, ‘‘U.S. Income Tax Return for
Certain Political Organizations,’’ Form
4720, ‘‘Return of Certain Excise Taxes
Under Chapters 41 and 42 of the
Internal Revenue Code,’’ Form 5227,
‘‘Split-Interest Trust Information
Return,’’ Form 6069, ‘‘Return of Excise
Tax on Excess Contributions to Black
Lung Benefit Trust Under Section 4953
and Computation of Section 192
Deduction,’’ and Form 8870,
‘‘Information Return for Transfers
Associated With Certain Personal
Benefit Contracts,’’ will be allowed an
automatic six-month extension of time
to file the return after the date
prescribed for filing if the entity files an
application in accordance with
paragraph (b) of this section.
(b) * * *
(1) Be submitted on Form 7004,
‘‘Application for Automatic Extension
of Time to File Certain Business Income
Tax, Information, and Other Returns’’
(in the case of an extension of time to
file Form 1120–POL), Form 8868,
‘‘Application for Automatic Extension
of Time to File an Exempt Organization
Return’’ (in the case of an extension of
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time to file any other return listed in
paragraph (a) of this section), or in any
other manner as may be prescribed by
the Commissioner;
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(3) Show the full amount properly
estimated as tentative tax for the entity
for the taxable year; and
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(c) Termination of automatic
extension. The Commissioner may
terminate an automatic extension at any
time by mailing to the entity a notice of
termination. The notice must be mailed
at least 10 days prior to the termination
date designated in such notice. The
notice of termination must be mailed to
the address shown on the application
for extension or to the entity’s last
known address. For further guidance
regarding the definition of last known
address, see § 301.6212–2 of this
chapter.
(d) Penalties. See sections 6651 and
6652(c) for failure to file a return or
failure to pay the amount shown as tax
on the return.
(e) Coordination with § 1.6081–1. No
extension of time will be granted under
§ 1.6081–1 for filing a return listed in
paragraph (a) of this section until an
automatic extension has been allowed
pursuant to this section.
(f) Applicability date. This section
applies to requests for extensions of
time to file returns listed in paragraph
(a) of this section on or after January 30,
2020. Sections 1.6081–3T and 1.6081–
9T (as contained in 26 CFR part 1,
revised April 2019) apply to requests for
extensions before January 30, 2020.
§ 1.6081–9T
[Removed]
Par. 29. Section 1.6081–9T is
removed.
■
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT THE
SOURCE
Par. 30. The authority citation for part
31 continues to read in part as follows:
■
Authority: 26 U.S.C. 7805 * * *
5327
is made, except that, if a tax return
under § 31.6011(a)–5(a) is filed as a final
return for a period ending prior to
December 31, the information return
must be filed on or before the last day
of the first month following the period
for which the tax return is filed.
(ii) Expedited filing. If an employer
who is required to make a return
pursuant to § 31.6011(a)–1 or
§ 31.6011(a)–4 is required to make a
final return on Form 941, or a variation
thereof, under § 31.6011(a)–6(a)(1)
(relating to the final return for Federal
Insurance Contributions Act taxes and
income tax withholding from wages),
the return which is required to be made
under § 31.6051–2 must be filed on or
before the last day of the first month
following the period for which the final
return is filed. The requirements set
forth in this paragraph (a)(3)(ii) do not
apply to employers with respect to
employees whose wages are for
domestic service in the private home of
the employer. See § 31.6011(a)–1(a)(3).
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(g) Applicability date. This section
applies to returns filed on or after
January 30, 2020. Section 31.6071(a)–1T
(as contained in 26 CFR part 31, revised
April 2019) applies to returns filed
before January 30, 2020.
§ 31.6071(a)–1T
[Removed]
Par. 32. Section 31.6071(a)–1T is
removed.
■
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: November 25, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2020–00467 Filed 1–29–20; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
■
[EPA–R08–OAR–2019–0163; FRL–10003–
37–Region 8]
§ 31.6071(a)–1 Time for filing returns and
other documents.
Approval and Promulgation of
Implementation Plans; State of
Montana; State Implementation Plan
Revisions for Open Burning
Par. 31. Revise paragraph (a)(3) and
add paragraph (g) to § 31.6071(a)–1 to
read as follows:
(a) * * *
(3) Information returns—(i) General
rule. Each information return in respect
of wages as defined in the Federal
Insurance Contributions Act or of
income tax withheld from wages as
required under § 31.6051–2 must be
filed on or before January 31 of the year
following the calendar year for which it
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Montana on
SUMMARY:
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
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May 24, 2018. The revisions remove a
prohibition on the open burning of
asbestos and asbestos-containing
materials located in the SIP-approved
Administrative Rules of Montana (ARM)
Title 17, chapter 8, subchapter 6 and the
similar provision in the SIP-approved
Lincoln County Air Pollution Control
Program. The revisions also remove a
corresponding cross-reference located in
SIP-approved ARM Title 17, chapter 8,
subchapter 3 (concerning wood-waste
burners). The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on March 2,
2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2019–0163. 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:
Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129, (303)
312–6602, ostigaard.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
On October 15, 2019 (84 FR 55104),
the EPA proposed to approve revisions
to the State of Montana’s SIP that would
remove a prohibition on the open
burning of asbestos and asbestoscontaining materials located in the SIPapproved ARM Title 17, chapter 8,
subchapter 6 (ARM located at
17.8.604(1)(w)) and the similar
provision in the SIP-approved Lincoln
County Air Pollution Control Program
(located at 75.1.405(2)(w)). The revision
would also remove a corresponding
cross-reference located in SIP-approved
ARM Title 17, chapter 8, subchapter 3
(concerning wood-waste burners)
(reference located at 17.8.320(9)).
We received four comments on our
proposed rule. Section II of this final
rule provides a summary of the
comments that were received and our
corresponding responses.
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II. Response to Comments
Comment: The first commenter
discusses the general physical and
chemical characteristics of asbestos and
the consequences to human health
when inhaled. In addition, the
commenter provides a brief discussion
on where asbestos has been banned and
that only a few developed countries,
including the United States, currently
have no ban. The commenter briefly
mentions that the EPA has attempted to
ban asbestos but has faced lawsuits
against this prohibition. Additionally,
the commenter provides brief
information from a July 1, 2019 Reuters
article that claimed that several states
filed a lawsuit against the EPA to enact
stricter requirements for asbestos. The
commenter cites Libby, Montana as a
prime example of the consequences of
having asbestos in the air and provides
a quote from the Asbestos.com website
that describes Libby, Montana as ‘‘the
site of one of America’s worst manmade environmental disasters.’’
Furthermore, the commenter reiterates
that the EPA even declared a Public
Health Emergency in 2008 in Libby,
Montana, due to the asbestos dust from
the mining of vermiculite and only
recently (2018) announced a decline in
clean-up efforts. The commenter
concludes that the EPA should not
approve the revisions.
Response: The EPA is concerned
about the potential for adverse health
effects of asbestos based on established
sound scientific data indicating that
asbestos is a known human carcinogen.
Indeed, the Agency administers several
laws and regulations pertaining to
asbestos, see https://www.epa.gov/
asbestos/asbestos-laws-and-regulations,
including the CAA. For example, the
CAA requires that the EPA establish
national emission standards for
hazardous air pollutants (NESHAP),
including asbestos. To that end, asbestos
was one of the first hazardous air
pollutants regulated under the air toxics
program, currently found at 40 CFR part
61, subpart M. That regulation has been
amended several times, see https://
www.epa.gov/stationary-sources-airpollution/asbestos-national-emissionstandards-hazardous-air-pollutants.
Nevertheless, while the commenter
raises concerns with asbestos generally
and with asbestos mining in Libby,
Montana, specifically, the comment
does not identify any material issues
pertaining to the EPA’s review of a SIP
revision under the National Ambient
Air Quality Standards (NAAQS)
program. Accordingly, the EPA is
finalizing its approval of Montana’s SIP
revision. The EPA notes, nonetheless,
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that Montana is not removing the
burning prohibitions from state law and
this action does not exempt any sources
from compliance with the national
emission standards for asbestos in
Subpart M.
Comment: The second commenter
discusses the general health effects of
asbestos reported from the World Health
Organization and that, even though the
NESHAP have in place regulations on
burning of asbestos materials, the EPA
should have as many regulations as
possible to discourage burning of this
material. Additionally, the commenter
discusses that the safety of the City of
Libby, neighboring states, and the
nation of Canada should have been
considered to verify that these
populations were protected from
harmful asbestos particulates.
Furthermore, the commenter mentions
that particles from asbestos will not
remain as air pollution but could
contaminate local water systems (lakes,
rivers, reservoirs, and groundwater).
The commenter concludes that the EPA
should reject the revisions.
Response: As discussed above,
asbestos is regulated under several EPAadministered laws and regulations,
including the CAA’s air toxics program.
The NESHAP regulates hazardous air
pollutants (HAPs), which are pollutants
that are known or suspected to cause
cancer or other serious health effects; to
that end, EPA has established national
emission standards for asbestos and
certain asbestos-containing materials in
40 CFR part 61, subpart M.
Nevertheless, the comment does not
identify any CAA provisions that the
commenter believes either the EPA or
the State failed to address with respect
to interstate emissions, international
emissions, or water pollution, nor does
the comment identify any material
issues pertaining to the EPA’s review of
a SIP revision under the NAAQS
program. Accordingly, the EPA is
finalizing its approval of Montana’s SIP
revision.
Comment: The third commenter
discusses the general consequences to
human health when asbestos is inhaled.
The commenter also provides
information from the World Health
Organization and the International
Labor Organization about global
estimates that 125 million are exposed
to asbestos each year and 107,000
workers die every year from
occupational exposure to airborne
asbestos, respectively. The commenter
concludes that the EPA should not
approve the revisions.
Response: As discussed above, the
EPA is concerned about the potential
health risks associated with asbestos
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
and administers several laws and
regulations pertaining to asbestos.
Nonetheless, the comment does not
identify any material issues pertaining
to the EPA’s review of a SIP revision
under the NAAQS program.
Accordingly, the EPA is finalizing its
approval of Montana’s SIP revision.
Comment: The fourth commenter
briefly discusses the consequences to
human health when asbestos is inhaled
and provides a quote from the American
Cancer Society that the U.S.
Occupational Health and Safety
Administration estimates that over a
million American employees in
construction and general industries face
asbestos exposure on the job.
Additionally, the commenter provides a
quote from an article discussion on
mesothelioma settlements that the mass
asbestos exposure from the vermiculite
mines in Libby resulted in two payouts:
(1) 2011, $43 million settlement
covering more than 1,300 miners and
their estates; and, (2) 2017, $25 million
settlement to more than 1,000 people.
The commenter concludes that the State
of Montana and the EPA are not
concerned with the dangers of asbestos,
nor the consequences on public health;
therefore, the EPA should not approve
the revisions.
Response: As discussed above, the
EPA is concerned about the potential
health risks associated with asbestos
and administers several laws and
regulations pertaining to asbestos.
Nonetheless, the comment does not
identify any material issues pertaining
to the EPA’s review of a SIP revision
under the NAAQS program.
Accordingly, the EPA is finalizing its
approval of Montana’s SIP revision.
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III. Final Action
We are finalizing our approval of the
following revisions to the Montana SIP
that were submitted on May 24, 2018:
(1) Removal of ARM 17.8.604(1)(w); (2)
removal of the reference to
ARM17.8.604(1)(w) in ARM 17.8.320(9);
and (3) removal of 75.1.405(2)(w) in the
Lincoln County Air Pollution Control
Program.
IV. 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 SIP
amendments described in Section I and
III of this preamble. 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
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person identified in the FOR FURTHER
section of this
preamble for more information).
Therefore, these materials have been
approved by the EPA for inclusion in
the State implementation plan, 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
INFORMATION CONTACT
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the 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
1 62
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FR 27968 (May 22, 1997).
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5329
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 March 30, 2020.
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).)
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.
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Rules and Regulations
Dated: December 31, 2019.
Debra Thomas,
Acting Regional Administrator, Region 8.
Authority: 42 U.S.C. 7401 et seq.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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........................
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17.8.604 .......................
*
Materials Prohibited
from Open Burning.
*
........................
*
*
1660 Resolution ...........
*
Lincoln County Health
and Environment
Regulations.
*
........................
*
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*
[FR Doc. 2020–00196 Filed 1–29–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 81
[Docket Number CDC–2019–0050; NIOSH–
329]
RIN 0920–AA74
Guidelines for Determining the
Probability of Causation Under the
Energy Employees Occupational
Illness Compensation Program Act of
2000; Technical Amendments
Centers for Disease Control and
Prevention, HHS.
ACTION: Final rule.
AGENCY:
In August 2019, the
Department of Health and Human
Services (HHS) published an interim
final rule to revise its regulations to
update references to the International
Classification of Disease (ICD) codes
from ICD–9–CM to ICD–10–CM, and
remove outdated references to chronic
lymphocytic leukemia from Energy
Employees Occupational Illness
Compensation Program regulations.
These technical amendments have no
effect on the cancer eligibility
requirement under the Program because
all cancer types are eligible to receive a
SUMMARY:
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EPA final rule
date
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Wood-waste Burners
*
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*
*
2. In § 52.1370, the table in paragraph
(c) is amended by revising the entries
for ‘‘17.8.320,’’ ‘‘17.8.604,’’ and ‘‘1660
Resolution.’’
The revisions read as follows:
*
17.8.320 .......................
*
Identification of plan.
*
*
(c) * * *
■
State effective
date
Rule title
*
*
Subpart BB—Montana
40 CFR part 52 is amended as follows:
State citation
§ 52.1370
Final rule citation
1/30/2020
*
[Insert Federal Register citation].
*
Removed (1)(w).
1/30/2020
*
[Insert Federal Register citation].
*
*
Removed
cross-reference
ARM17.8.604(1)(w).
1/30/2020
*
[Insert Federal Register citation].
*
*
Removed 75.1.405(2)(w).
*
dose reconstruction from NIOSH. Thus,
no eligible claimant will be adversely
impacted by the rulemaking finalized in
this document.
DATES: This rule is effective on January
30, 2020.
FOR FURTHER INFORMATION CONTACT:
Rachel Weiss, Program Analyst; 1090
Tusculum Ave., MS: C–48, Cincinnati,
OH 45226; telephone (855) 818–1629
(this is a toll-free number); email
NIOSHregs@cdc.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons or organizations
were invited to participate in this
rulemaking by submitting written views,
arguments, recommendations, and data.
Comments were invited on any topic
related to this rulemaking.
HHS received one public comment for
this rulemaking from a professional
organization of health physicists.
II. Review by the Advisory Board on
Radiation and Worker Health
As discussed in the August 2019
interim final rule (84 FR 37587), the
Energy Employees Occupational Illness
Compensation Program Act of 2000
(EEOICPA) 1 requires that HHS obtain a
review by of that rulemaking the
Advisory Board on Radiation and
Worker Health. The Board conducted its
review and submitted a letter to the
1 42
PO 00000
U.S.C. 7384n(c).
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Comments
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*
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to
*
docket stating its concurrence with the
interim final rule as published.
III. Background
As described in the August 2019
interim final rule, EEOICPA was
established to provide financial
compensation and prospective medical
benefits to employees for illness caused
by exposure to radiation, beryllium,
silica, and toxic substances during their
employment at facilities of the
Department of Energy, its predecessor
agencies, and certain of its contractors
and vendors. It is administered by the
Department of Labor’s Office of
Workers’ Compensation Programs
(OWCP) with radiation dose
reconstructions for claims involving
radiogenic cancers provided by CDC’s
National Institute for Occupational
Safety and Health (NIOSH). HHS
regulations in 42 CFR part 81 govern the
NIOSH dose reconstructions.
IV. Summary of Final Rule
In the August 2019 interim final rule,
HHS updated the International
Classification of Disease (ICD) codes
required to identify specific cancer
types used in determining the
likelihood that an individual’s cancer is
associated with workplace radiation
exposures using a number of factors,
including the radiation doses estimated
by NIOSH. Both the public commenter
and the Board concurred with updating
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]]>Agencies
[Federal Register Volume 85, Number 20 (Thursday, January 30, 2020)]
[Rules and Regulations]
[Pages 5327-5330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0163; FRL-10003-37-Region 8]
Approval and Promulgation of Implementation Plans; State of
Montana; State Implementation Plan Revisions for Open Burning
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Montana on
[[Page 5328]]
May 24, 2018. The revisions remove a prohibition on the open burning of
asbestos and asbestos-containing materials located in the SIP-approved
Administrative Rules of Montana (ARM) Title 17, chapter 8, subchapter 6
and the similar provision in the SIP-approved Lincoln County Air
Pollution Control Program. The revisions also remove a corresponding
cross-reference located in SIP-approved ARM Title 17, chapter 8,
subchapter 3 (concerning wood-waste burners). The EPA is taking this
action pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on March 2, 2020.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2019-0163. 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: Crystal Ostigaard, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-6602, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
On October 15, 2019 (84 FR 55104), the EPA proposed to approve
revisions to the State of Montana's SIP that would remove a prohibition
on the open burning of asbestos and asbestos-containing materials
located in the SIP-approved ARM Title 17, chapter 8, subchapter 6 (ARM
located at 17.8.604(1)(w)) and the similar provision in the SIP-
approved Lincoln County Air Pollution Control Program (located at
75.1.405(2)(w)). The revision would also remove a corresponding cross-
reference located in SIP-approved ARM Title 17, chapter 8, subchapter 3
(concerning wood-waste burners) (reference located at 17.8.320(9)).
We received four comments on our proposed rule. Section II of this
final rule provides a summary of the comments that were received and
our corresponding responses.
II. Response to Comments
Comment: The first commenter discusses the general physical and
chemical characteristics of asbestos and the consequences to human
health when inhaled. In addition, the commenter provides a brief
discussion on where asbestos has been banned and that only a few
developed countries, including the United States, currently have no
ban. The commenter briefly mentions that the EPA has attempted to ban
asbestos but has faced lawsuits against this prohibition. Additionally,
the commenter provides brief information from a July 1, 2019 Reuters
article that claimed that several states filed a lawsuit against the
EPA to enact stricter requirements for asbestos. The commenter cites
Libby, Montana as a prime example of the consequences of having
asbestos in the air and provides a quote from the Asbestos.com website
that describes Libby, Montana as ``the site of one of America's worst
man-made environmental disasters.'' Furthermore, the commenter
reiterates that the EPA even declared a Public Health Emergency in 2008
in Libby, Montana, due to the asbestos dust from the mining of
vermiculite and only recently (2018) announced a decline in clean-up
efforts. The commenter concludes that the EPA should not approve the
revisions.
Response: The EPA is concerned about the potential for adverse
health effects of asbestos based on established sound scientific data
indicating that asbestos is a known human carcinogen. Indeed, the
Agency administers several laws and regulations pertaining to asbestos,
see https://www.epa.gov/asbestos/asbestos-laws-and-regulations,
including the CAA. For example, the CAA requires that the EPA establish
national emission standards for hazardous air pollutants (NESHAP),
including asbestos. To that end, asbestos was one of the first
hazardous air pollutants regulated under the air toxics program,
currently found at 40 CFR part 61, subpart M. That regulation has been
amended several times, see https://www.epa.gov/stationary-sources-air-pollution/asbestos-national-emission-standards-hazardous-air-pollutants. Nevertheless, while the commenter raises concerns with
asbestos generally and with asbestos mining in Libby, Montana,
specifically, the comment does not identify any material issues
pertaining to the EPA's review of a SIP revision under the National
Ambient Air Quality Standards (NAAQS) program. Accordingly, the EPA is
finalizing its approval of Montana's SIP revision. The EPA notes,
nonetheless, that Montana is not removing the burning prohibitions from
state law and this action does not exempt any sources from compliance
with the national emission standards for asbestos in Subpart M.
Comment: The second commenter discusses the general health effects
of asbestos reported from the World Health Organization and that, even
though the NESHAP have in place regulations on burning of asbestos
materials, the EPA should have as many regulations as possible to
discourage burning of this material. Additionally, the commenter
discusses that the safety of the City of Libby, neighboring states, and
the nation of Canada should have been considered to verify that these
populations were protected from harmful asbestos particulates.
Furthermore, the commenter mentions that particles from asbestos will
not remain as air pollution but could contaminate local water systems
(lakes, rivers, reservoirs, and groundwater). The commenter concludes
that the EPA should reject the revisions.
Response: As discussed above, asbestos is regulated under several
EPA-administered laws and regulations, including the CAA's air toxics
program. The NESHAP regulates hazardous air pollutants (HAPs), which
are pollutants that are known or suspected to cause cancer or other
serious health effects; to that end, EPA has established national
emission standards for asbestos and certain asbestos-containing
materials in 40 CFR part 61, subpart M. Nevertheless, the comment does
not identify any CAA provisions that the commenter believes either the
EPA or the State failed to address with respect to interstate
emissions, international emissions, or water pollution, nor does the
comment identify any material issues pertaining to the EPA's review of
a SIP revision under the NAAQS program. Accordingly, the EPA is
finalizing its approval of Montana's SIP revision.
Comment: The third commenter discusses the general consequences to
human health when asbestos is inhaled. The commenter also provides
information from the World Health Organization and the International
Labor Organization about global estimates that 125 million are exposed
to asbestos each year and 107,000 workers die every year from
occupational exposure to airborne asbestos, respectively. The commenter
concludes that the EPA should not approve the revisions.
Response: As discussed above, the EPA is concerned about the
potential health risks associated with asbestos
[[Page 5329]]
and administers several laws and regulations pertaining to asbestos.
Nonetheless, the comment does not identify any material issues
pertaining to the EPA's review of a SIP revision under the NAAQS
program. Accordingly, the EPA is finalizing its approval of Montana's
SIP revision.
Comment: The fourth commenter briefly discusses the consequences to
human health when asbestos is inhaled and provides a quote from the
American Cancer Society that the U.S. Occupational Health and Safety
Administration estimates that over a million American employees in
construction and general industries face asbestos exposure on the job.
Additionally, the commenter provides a quote from an article discussion
on mesothelioma settlements that the mass asbestos exposure from the
vermiculite mines in Libby resulted in two payouts: (1) 2011, $43
million settlement covering more than 1,300 miners and their estates;
and, (2) 2017, $25 million settlement to more than 1,000 people. The
commenter concludes that the State of Montana and the EPA are not
concerned with the dangers of asbestos, nor the consequences on public
health; therefore, the EPA should not approve the revisions.
Response: As discussed above, the EPA is concerned about the
potential health risks associated with asbestos and administers several
laws and regulations pertaining to asbestos. Nonetheless, the comment
does not identify any material issues pertaining to the EPA's review of
a SIP revision under the NAAQS program. Accordingly, the EPA is
finalizing its approval of Montana's SIP revision.
III. Final Action
We are finalizing our approval of the following revisions to the
Montana SIP that were submitted on May 24, 2018: (1) Removal of ARM
17.8.604(1)(w); (2) removal of the reference to ARM17.8.604(1)(w) in
ARM 17.8.320(9); and (3) removal of 75.1.405(2)(w) in the Lincoln
County Air Pollution Control Program.
IV. 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
SIP amendments described in Section I and III of this preamble. 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
State implementation plan, 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\
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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 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 March 30, 2020. 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).)
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.
[[Page 5330]]
Dated: December 31, 2019.
Debra Thomas,
Acting 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 entries for ``17.8.320,'' ``17.8.604,'' and ``1660 Resolution.''
The revisions read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
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State EPA final rule Final rule
State citation Rule title effective date date citation Comments
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* * * * * * *
17.8.320..................... Wood-waste .............. 1/30/2020 [Insert Federal Removed (1)(w).
Burners. Register
citation].
* * * * * * *
17.8.604..................... Materials .............. 1/30/2020 [Insert Federal Removed cross-
Prohibited Register reference to
from Open citation]. ARM17.8.604(1)
Burning. (w).
* * * * * * *
1660 Resolution.............. Lincoln County .............. 1/30/2020 [Insert Federal Removed
Health and Register 75.1.405(2)(w)
Environment citation]. .
Regulations.
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[FR Doc. 2020-00196 Filed 1-29-20; 8:45 am]
BILLING CODE 6560-50-P
