Air Plan Approval; Montana; Revisions to Regional Haze State Implementation Plan and Partial Withdrawals to Regional Haze Federal Implementation Plan, 41320-41326 [2023-13464]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with RULES1
41320
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
(c) The United States Agency for
International Development may provide
a payment to a covered dependent if the
qualifying injury to the brain was
assessed and diagnosed in person by a
currently board-certified physician from
the ABPN, AOBNP, ABPMR, or
AOBPMR; occurred on or after January
1, 2016; and while the employee was a
covered employee of USAID at the time
of the dependent’s injury.
(d) Payment for a qualifying injury to
the brain will be a non-taxable, one-time
lump sum payment.
(e) USAID will determine the amount
paid to each eligible person based on
the following factors:
(1) The responses on the AID 442–1,
‘‘Eligibility Questionnaire for HAVANA
Act Payments;’’ and
(2) Whether the Department of Labor
(Workers’ Compensation) has
determined that the requester has no
reemployment potential, or the Social
Security Administration has approved
the requester for Social Security
Disability Insurance or Supplemental
Security Insurance (SSI) benefits;, or the
requester’s ABPN, AOBNP, ABPMR, or
AOBPMR board-certified physician has
certified that the individual requires a
full-time caregiver for activities of daily
living, as defined by the Katz Index of
Independence of Daily Living.
(3) The award thresholds are based on
Level III of the Senior Executive
Schedule: Base will be 75 percent of
Level III pay, and Base+ will be 100
percent of Level III pay. If the requestor
meets any of the criteria listed in
paragraph (e)(2) of this section, the
requestor will be eligible to receive a
Base+ payment. Requestors whose
neurologists confirm that the definition
of ‘‘qualifying injury to the brain’’ has
been met but have not met any of the
criteria listed paragraph (e)(2) of this
section, will be eligible to receive a Base
payment. If a requestor who received a
Base payment later meets any of the
criteria listed in paragraph (e)(2) of this
section, the requestor may apply for an
additional payment that will be the
difference between the Base and Base+
payment.
(f) The Chief Human Capital Officer
(CHCO) may approve payments under
the rule. The Office of Human Capital
and Talent Management (HCTM) will
notify individuals of the decision in
writing.
(g) An appeal of a decision made by
the Chief Human Capital Officer (CHCO)
may be directed to the Deputy
Administrator for Management and
Resources in writing. The Deputy
Administrator for Management and
Resources is the final appeal authority.
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
HCTM will notify individuals of the
decision in writing.
§ 242.4
Consultation with other agencies.
The United States Agency for
International Development will, to the
extent possible, consult with the
appropriate officials’ other federal
agencies to identify their current and
former covered employees, and current
and former dependents who reported an
anomalous health incident. This
consultation is solely to assist USAID in
determining who might be initially
eligible for payment under the
HAVANA Act.
Aaron Michael Stern,
USAID AHI Working Group Coordinator.
[FR Doc. 2023–13328 Filed 6–23–23; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0054]
Safety Zone; Atlantic Intracoastal
Waterway, Swansboro, NC
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
a safety zone near Swansboro, NC on
July 3, 2023, to provide for the safety of
life on navigable waterways of the
Atlantic Intracoastal Waterway during a
fireworks display. Our regulation for
marine events within the Fifth Coast
Guard District identifies the regulated
area for this event in Swansboro, NC.
During the enforcement period, entry of
vessels or persons into this safety zone
is prohibited unless specifically
authorized by the Captain of the Port
(COTP), Sector North Carolina or a
designated representative.
DATES: The regulation in 33 CFR
165.506(h)(4) for the area listed in item
15 in table 4 in § 165.506(h)(4) will be
enforced from 9 p.m. until 9:45 p.m. on
July 3, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Petty Officer Ken Farah,
Waterways Management Division, U.S.
Coast Guard Sector North Carolina,
Wilmington, NC; telephone 910–772–
2221, email NCMarineevents@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a safety zone in 33
CFR 165.506(h)(4) for the Town of
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Swansboro Fireworks Display-July 4
Celebration fireworks display from 9
p.m. to 9:45 p.m. on July 3, 2023. This
action is being taken to provide for the
safety of life on navigable waterways
during this event. Our regulation for
marine events within the Fifth Coast
Guard District, § 165.506(h)(4), specifies
the location of the regulated area for the
Town of Swansboro Fireworks DisplayJuly 4 Celebration fireworks display at
item 15 in table 4 in § 165.506(h)(4),
which encompasses portions of the
Atlantic Intracoastal Waterway. As
reflected in § 165.506, during the
enforcement period, if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Captain of the Port (COTP), Sector
North Carolina or a designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners and
Broadcast Notice to Mariners.
Dated: June 20, 2023.
Matthew J. Baer,
Captain, U.S. Coast Guard, Captain of the
Port, Sector North Carolina.
[FR Doc. 2023–13479 Filed 6–23–23; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2021–0001; FRL–10014–
02–R8]
Air Plan Approval; Montana; Revisions
to Regional Haze State Implementation
Plan and Partial Withdrawals to
Regional Haze Federal Implementation
Plan
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
March 25, 2020, addressing regional
haze. Specifically, EPA is approving a
SIP revision for the first implementation
period of the Clean Air Act’s (CAA)
regional haze program that addresses
the nitrogen oxides (NOX) and sulfur
dioxide (SO2) Best Available Retrofit
Technology (BART) requirements for
two electric generating unit (EGU)
facilities, as well as replaces portions of
the Federal Implementation Plan (FIP)
promulgated by EPA in 2012 (2012
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
regional haze FIP) addressing the NOX,
SO2, and particulate matter (PM) BART
requirements for two cement kilns and
the PM BART requirements for the same
two EGU facilities. Consistent with our
approval of Montana’s regional haze SIP
revision, EPA is withdrawing, the
portions of the FIP promulgated by EPA
in the 2012 regional haze FIP addressing
the NOX, SO2, and PM BART
requirements for the two cement kilns
and the PM BART requirements for the
two EGU facilities. This action also
addresses the United States Court of
Appeals for the Ninth Circuit’s June 9,
2015 vacatur and remand of portions of
the FIP. EPA is finalizing this action
pursuant to the CAA.
DATES: This rule is effective on July 26,
2023.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R08–OAR–2021–0001. 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 website and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please call or
email 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,
telephone number: (303) 312–6252,
email address: dobrahner.jaslyn@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
ddrumheller on DSK120RN23PROD with RULES1
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. EPA’s Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
(UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
G. Executive Order 13045: Protection of
Children from Environmental Health
Risks and Safety Risks
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement (NTTAA)
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Determination Under Clean Air Act
Section 307(d)
L. Congressional Review Act
M. Judicial Review
I. Background
In our notice of proposed rulemaking
published on September 9, 2022 (87 FR
55331), EPA proposed to approve
revisions to Montana’s regional haze SIP
submitted by the State of Montana on
March 25, 2020. In this rulemaking, we
are taking final action to approve two
Montana Board of Environment Review
Orders pertaining to regional haze
requirements for four facilities 1 into the
state’s SIP. Specifically, EPA is
approving: (1) NOX, SO2, and PM BART
emission limits along with associated
requirements for the Ash Grove Cement
Company’s Montana City Plant
(Montana City) and GCC Three Forks,
LLC’s Trident Plant (Trident); (2) the
PM BART emission limits along with
associated requirements for Talen
Montana, LLC’s Colstrip Steam Electric
Station, Units 1 and 2 (Colstrip Units 1
and 2); (3) the determination that
Colstrip Units 1 and 2’s enforceable
shutdown date of July 1, 2022, satisfies
the outstanding NOX and SO2 BART
requirements for that facility; and (4) the
determination that the outstanding NOX
and SO2 BART requirements for Corette
(as well as the remaining PM BART
requirements for Corette in EPA’s FIP)
are satisfied because the source is no
longer in operation and has been
demolished.
Consistent with our approval of
Montana’s regional haze SIP for the PM
BART emission limits and other
requirements for Colstrip Units 1 and 2
and Corette along with the NOX, SO2,
and PM BART emission limits and other
requirements for Montana City and
Trident, we are also withdrawing those
corresponding portions of the 2012
regional haze FIP found at 40 CFR
52.1396.
In addition, through our approval of
the NOX and SO2 BART determinations
1 Ash Grove Cement Company’s Montana City
Plant; GCC Three Forks, LLC’s Trident Plant; JE
Corette Steam Electric Station; and Talen Montana,
LLC’s Colstrip Steam Electric Station, Units 1 and
2.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
41321
for Corette and Colstrip Units 1 and 2,
we are addressing the U.S. Court of
Appeals for the Ninth Circuit’s June 9,
2015 remand of portions of the 2012
regional haze FIP in this action,
including EPA’s response to a public
comment regarding the use of the
CALPUFF visibility model in
determining BART at Colstrip Units 1
and 2.
The technical rationale for our
approval and our response to the
remand of portions of the 2012 FIP for
Montana are provided in detail in the
proposed rule.
II. Public Comments and EPA
Responses
We received two comments that were
both submitted anonymously during the
public comment period. EPA
determined that the first comment,
which asks where money collected in
the form of fees, auctions of emissions
rights, and permits will go, does not
pertain to and is outside the scope of
our proposed action and fails to identify
a material issue related to this action
that necessitates a response. Below is a
summary of the second comment and
EPA’s response.
Comment: The commenter asserts that
NOX, SO2, and PM are dangerous
chemicals that lead to adverse health
effects, including respiratory infections,
asthma, lung disease and cancer.
Likewise, the commenter claims that
these emissions could also cause
environmental damage, including acid
rain, contributions to the greenhouse
effect, and changes to weather patterns
associated with climate change. In
summary, the commenter argues that
these emissions are harmful to people
living nearby these facilities and
reductions in emissions will protect
both human health and the
environment.
Response: EPA appreciates the
commenter’s concerns regarding the
negative health impacts of NOX, SO2,
and PM. While the legal requirements
against which we have evaluated
Montana’s SIP submission for purposes
of this action concern remedying
visibility impairment,2 we note this
action may also have potential cobenefits through the reductions of NOX,
SO2, and PM emissions associated with
meeting the BART requirements.
Therefore, while we appreciate the
commenter’s concern and support for
this action, we take no positions as to
these specific statements.
2 See
E:\FR\FM\26JNR1.SGM
generally CAA section 169A.
26JNR1
41322
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
III. EPA’s Final Action
We are approving the following
elements of Montana’s regional haze SIP
revision as satisfying the applicable
requirements for the first regional haze
planning period:
• In the Matter of an Order Setting
Air Pollutant Emission Limits that the
State of Montana may Submit to the
Federal Environmental Protection
Agency for Revision of the State
Implementation Plan Concerning
Protection of Visibility, Affecting the
Following Facilities: Ash Grove Cement
Company’s Montana City Plant, and
GCC Three Forks, LLC’s Trident Plant.
Board Order Findings of Fact,
Conclusions of Law, and Order. October
18, 2019, Appendix A.
• In the Matter of an Order Setting
Air Pollutant Emission Limits that the
State of Montana may Submit to the
Federal Environmental Protection
Agency for Revision of the State
Implementation Plan Concerning
Protection of Visibility, Affecting the
Following Facilities: Talen Montana,
LLC’s Colstrip Steam Electric Station,
Units 1 and 2, and JE Corette Steam
Electric Station. Board Order Findings
of Fact, Conclusions of Law, and Order.
October 18, 2019, Appendix A.
Because we are finding that
Montana’s SIP revision satisfies the
applicable requirements related to the
obligation for states’ regional haze plans
to include BART for the first regional
haze planning period, we are also
withdrawing the corresponding portions
of the 2012 regional haze FIP addressing
the NOX, SO2, and PM BART emission
limits and associated requirements for
two cement kilns and the PM BART
emission limits and associated
requirements for the two EGU facilities
contained within our 2012 regional haze
FIP at 40 CFR 52.1396. While EPA is
approving the emission limits,
compliance determination
requirements, and other monitoring,
reporting, and recordkeeping
requirements associated with BART into
Montana’s SIP as detailed in the
proposed rule, other regional haze
requirements for the first
implementation period, including
requirements related to reasonable
progress and analytical requirements
related to BART remain satisfied by
EPA’s FIP (with no enforceable FIP
requirements left in the CFR).
IV. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
CFR 51.5, EPA is finalizing the
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
incorporation by reference of the SIP
amendments described in section III of
this preamble. The EPA has made, and
will continue to make, these materials
generally available through https://
www.regulations.gov (refer to docket
EPA–R08–OAR–2021–0001) 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 EPA for inclusion in the
SIP, have been incorporated by
reference by 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 EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.3
V. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is exempt from review
under Executive Order 12866, as
amended by Executive Order 14094,
because it applies to only 4 facilities in
the State of Montana.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act (PRA) because it revises the
reporting requirements for 4 facilities.
C. Regulatory Flexibility Act
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(RFA). This action will not impose any
requirements on small entities as no
small entities are subject to the
requirements of this rule.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. The
action merely transfers the regional haze
requirements found in the 2012 regional
haze FIP to a SIP and approves the
3 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00034
Fmt 4700
Sfmt 4700
State’s permanent closure of two
facilities, thus this action is not subject
to the requirements of sections 202 or
205 of UMRA. This action is also not
subject to the requirements of section
203 of UMRA because it contains no
regulatory requirements that might
significantly or uniquely affect small
governments.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’, requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ 4 This action does not
have tribal implications, as specified in
Executive Order 13175. It will not have
substantial direct effects on tribal
governments. Thus, Executive Order
13175 does not apply to this action.
However, EPA did send letters to each
of the Montana tribes explaining our
regional haze action and offering
consultation.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997). EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
4 65
E:\FR\FM\26JNR1.SGM
FR 67249, 67250 (November 9, 2000).
26JNR1
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) directs Federal
agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high,
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations (people of color and/or
Indigenous peoples) and low-income
populations.
The EPA believes that the human
health and environmental conditions
that exist prior to this action do not
result in disproportionate and adverse
effects on people of color, low-income
populations, and/or Indigenous peoples.
In 2012, we determined that our final
action would ‘‘not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it increased the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.’’ 5
The EPA believes that this action is
not likely to result in new
disproportionate and adverse effects on
people of color, low-income populations
and/or Indigenous peoples. Because this
final rule alters the existing
requirements for regional haze in the
State of Montana by including the
enforceable shutdown of two sources
and otherwise only transfers existing
requirements from a FIP to the SIP, our
determination is unchanged from that in
2012. The EPA additionally identified
and addressed environmental justice
concerns by performing a screening
analysis using the EJScreen tool 6 to
evaluate environmental and
demographic indicators for the areas
impacted by this action. These results
indicate that areas impacted by this
final action are not potential areas of EJ
concern and are not candidates for
further EJ review. EPA is providing this
information for public information
purposes, and not as a basis of our final
action. The information supporting this
Executive Order review is contained in
the docket for this action.
K. Determination Under Clean Air Act
Section 307(d)
The partial withdrawal of EPA’s FIP
in this action is subject to the provisions
of CAA section 307(d) pursuant to
section 307(d)(1)(B), which provides
that section 307(d) applies to, among
other things, ‘‘the promulgation or
revision of an implementation plan by
the Administrator under [CAA section
110(c)].’’ 7 The agency has complied
with the procedural requirements of
CAA section 307(d) during the course of
this rulemaking with regard to the
entirety of this action.
L. Congressional Review Act
This rule is exempt from the
Congressional Review Act (CRA)
because it is a rule of particular
applicability that only applies to 4
facilities.
ddrumheller on DSK120RN23PROD with RULES1
Title/subject
(1) Cascade County:
1985 December 5 Stipulation and 1985 October 20 Permit for Montana Refining Company. In the matter of the Montana Refining
Company, Cascade County; compliance with ARM 16.8.811, ambient air quality standard for carbon monoxide.
(2) Deer Lodge County:
1978 November 16 Order for Anaconda Copper Smelter. In the
Matter of the Petition of the Department of Health and Environmental Sciences for an Order adopting a Sulfur Oxides Control
Strategy for the Anaconda Copper Smelter at Anaconda, Montana, and requiring the Anaconda Company to comply with the
Control Strategy.
(3) Flathead County:
5 77
FR 57914 (September 18, 2012).
is an environmental justice mapping
and screening tool that provides EPA with a
nationally consistent dataset and approach for
6 EJSCREEN
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
M. Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by August 25, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See CAA
section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxides, Particulate matter,
Sulfur oxide.
Michael S. Regan,
Administrator.
For the reasons stated in the
preamble, the Environmental Protection
Agency amends 40 CFR part 52 as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart BB—Montana
2. Amend § 52.1370 by revising the
table in paragraph (d) to read as follows:
■
§ 52.1370
*
Identification of plan.
*
*
(d) * * *
Frm 00035
Fmt 4700
*
*
State effective
date
Notice of final
rule date
12/5/1985
9/7/1990
55 FR 36812.
11/16/1978
1/10/1980
45 FR 2034.
NFR citation
combining environmental and demographic
indicators; available at https://www.epa.gov/
ejscreen/what-ejscreen.
7 42 U.S.C. 7607(d)(1)(B).
PO 00000
Sfmt 4700
41323
E:\FR\FM\26JNR1.SGM
26JNR1
41324
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
Title/subject
Air Quality Permit #2667–M, Dated 1/24/92. Plum Creek Manufacturing, Inc.
Stipulation—A–1 Paving, In the Matter of Compliance of A–1 Paving, Kalispell, Montana.
Stipulation—Equity Supply Company, In the Matter of Compliance
of Equity Supply Company.
Stipulation—Flathead Road Department #1, In the Matter of Compliance of Flathead Road Department, Kalispell, Montana.
Stipulation—Flathead Road Department #2, In the Matter of Compliance of Flathead Road Department, Kalispell, Montana.
Stipulation—Klingler Lumber Company, In the Matter of Compliance
of Klinger Lumber Company, Inc., Kalispell, Montana.
Stipulation—McElroy & Wilkens, In the Matter of Compliance of
McElroy and Wilkens, Inc., Kalispell, Montana.
Stipulation—Montana Mokko, In the Matter of Compliance of Montana Mokko, Kalispell, Montana.
Stipulation—Pack and Company, In the Matter of Compliance of
Pack and Company, Inc., Kalispell, Montana.
Stipulation—Pack Concrete, In the Matter of Compliance of Pack
Concrete, Inc., Kalispell, Montana.
Stipulation—Plum Creek, In the Matter of Compliance of Plum
Creek Manufacturing, L.P., Kalispell, Montana.
(4) Gallatin County:
GCC Three Forks, LLC’s Trident Plant October 18, 2019 Board
Order Findings of Fact, Conclusions of Law, and Order. Setting
Air Pollutant Emission Limits For Revision of the State Implementation Plan Concerning Protection of Visibility, Appendix A.
(5) Jefferson County:
Ash Grove Cement Company’s Montana City Plant October 18,
2019 Board Order Findings of Fact, Conclusions of Law, and
Order. Setting Air Pollutant Emission Limits For Revision of the
State Implementation Plan Concerning Protection of Visibility, Appendix A.
(6) Lewis and Clark County:
Total Suspended Particulate NAAQS—East Helena, ASARCO Application for Revisions of Montana State Air Quality Control Implementation Plan—Only as it applies to Total Suspended Particulate.
Sulfur Dioxide NAAQS—Board Orders, Stipulations, Exhibits, and
Attachments, Asarco Stipulation—1994 March 15.
Sulfur Dioxide NAAQS—Board Orders, Stipulations, Exhibits, and
Attachments, Exhibit A—Asarco Emission Limitations and Conditions, Asarco Incorporated, East Helena, Montana.
Asarco Board Order—1994 March 18. In the Matter of the Application of the Department of Health and Environmental Sciences for
Revision of the Montana State Air Quality Control Implementation
Plan Relating to Control of Sulfur Dioxide Emissions from the
Lead Smelter Located at East Helena, Montana, owned and operated by Asarco Incorporated.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, American Chemet Stipulation—1995 June 30.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, American Chemet Board Order—1995 August 4.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit A—American Chemet Emissions Limitations and
Conditions, American Chemet Corporation, East Helena, Montana.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Stipulation—1996 June 11.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Board Order—1996 June 26.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Exhibit A—Asarco Emission Limitations and Conditions
with attachments 1–7, Asarco Lead Smelter, East Helena, Montana.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Stipulation—1998 August 13.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Board Order—1998 August 28.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Stipulation—2000 July 18.
Lead NAAQS—Board Orders, Stipulations, Exhibits, and Attachments, Asarco Board Order—2000 September 15.
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
PO 00000
Frm 00036
Fmt 4700
State effective
date
Notice of final
rule date
1/24/1992
4/14/1994
59 FR 17700.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/7/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
9/17/1993
3/19/1996
61 FR 11153.
10/18/2019
6/26/2023
[INSERT FEDERAL REGISTER CITATION].
10/18/2019
6/26/2023
[INSERT FEDERAL REGISTER CITATION].
4/24/1979
1/10/1980
45 FR 2034.
3/15/1994
1/27/1995
60 FR 5313.
3/15/1994
1/27/1995
60 FR 5313.
3/18/1994
1/27/1995
60 FR 5313.
6/30/1995
6/18/2001
66 FR 32760.
8/4/1995
6/18/2001
66 FR 32760.
6/10/2013
3/28/2018
83 FR 13196.
6/11/1996
6/18/2001
66 FR 32760.
6/26/1996
6/18/2001
66 FR 32760.
6/26/1996
6/18/2001
66 FR 32760.
8/28/1998
6/18/2001
66 FR 32760.
8/28/1998
6/18/2001
66 FR 32760.
9/15/2000
6/18/2001
66 FR 32767.
9/15/2000
6/18/2001
66 FR 32767.
Sfmt 4700
E:\FR\FM\26JNR1.SGM
NFR citation
26JNR1
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
Title/subject
(7) Lincoln County:
Board Order—1994 December 16 (Stimson Lumber). In the Matter
of Compliance of Stimson Lumber Company, Libby, Montana.
Air Quality Permit #2627–M Dated 7/25/91. Stimson Lumber Company (formerly Champion International Corp).
Stipulation—Stimson Lumber. In the Matter of Compliance of
Stimson Lumber Company, Libby, Montana.
(8) Missoula County:
Air Quality Permit #2303M, Dated 3/20/92. Louisiana-Pacific Corporation.
Air Quality Permit #2589M, Dated 1/23/92. Stone Container Corporation.
(9) Rosebud County:
1980 October 22 Permit for Western Energy Company ....................
Talen Montana, LLC’s Colstrip Steam Electric Station, Units 1 and
2 October 18, 2019 Board Order Findings of Fact, Conclusions of
Law, and Order. Setting Air Pollutant Emission Limits For Revision of the State Implementation Plan Concerning Protection of
Visibility, Appendix A.
(10) Silver Bow County:
Air Quality Permit #1636–06 dated 8/22/96. Rhone-Poulenc Basic
Chemicals Company.
Air Quality Permit #1749–05 dated 1/5/94. Montana Resources, Inc
(11) Yellowstone County:
Cenex June 12, 1998 Board Order and Stipulation. In the Matter of
the Application of the Department of Health and Environmental
Sciences for Revision of the Montana State Air Quality Control
Implementation plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Cenex June 12, 1998 Exhibit A (with 3/17/00 Revisions) Emission
Limitations and Other Conditions.
Cenex March 17, 2000 Board Order and Stipulation. In the Matter
of the Application of the Department of Environmental Quality for
Revision of the Montana State Air Quality Control Implementation
Plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Conoco June 12, 1998 Board Order and Stipulation. In the Matter
of the Application of the Department of Health and Environmental
Sciences for Revision of the Montana State Air Quality Control
Implementation plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Conoco June 12, 1998 Exhibit A. Emission Limitations and Other
Conditions.
Exxon June 12, 1998 Board Order and Stipulation. In the Matter of
the Application of the Department of Health and Environmental
Sciences for Revision of the Montana State Air Quality Control
Implementation Plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Exxon June 12, 1998 Exhibit A (with 3/17/00 Revisions). Emission
Limitations and Other Conditions.
Exxon March 17, 2000 Board Order and Stipulation. In the Matter
of the Application of the Department of Environmental Quality for
Revision of the Montana State Air Quality Control Implementation
Plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Montana Power June 12, 1998 Board Order and Stipulation. In the
Matter of the Application of the Department of Health and Environmental Sciences for Revision of the Montana State Air Quality
Control Implementation plan Relating to Control of Sulfur Dioxide
Emissions in the Billings/Laurel Area.
Montana Power June 12, 1998 Exhibit A, Emission Limitations and
Conditions.
Montana Sulphur & Chemical Company June 12, 1998 Board Order
and Stipulation. In the Matter of the Application of the Department of Health and Environmental Sciences for Revision of the
Montana State Air Quality Control Implementation plan Relating
to Control of Sulfur Dioxide Emissions in the Billings/Laurel Area.
Montana Sulphur & Chemical Company June 12, 1998 Exhibit A.
Emission Limitations and Other Conditions.
VerDate Sep<11>2014
16:04 Jun 23, 2023
Jkt 259001
PO 00000
Frm 00037
Fmt 4700
41325
State effective
date
Notice of final
rule date
12/16/1994
9/30/1996
61 FR 51014.
3/19/1993
8/30/1994
59 FR 44627.
12/16/1994
9/30/1996
61 FR 51014.
3/20/1992
1/18/1994
59 FR 2537.
1/24/1992
1/18/1994
59 FR 2537.
10/22/1980
10/18/2019
4/26/1985
6/26/2023
50 FR 16475.
[INSERT FEDERAL REGISTER CITATION].
8/22/1996
12/6/1999
64 FR 68034.
1/5/1994
3/22/1995
60 FR 15056.
6/12/1998
5/2/2002
67 FR 22168.
3/17/2000
5/22/2003
68 FR 27908.
3/17/2000
5/22/2003
68 FR 27908.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
3/17/2000
5/22/2003
68 FR 27908.
3/17/2000
5/22/2003
68 FR 27908.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
Sfmt 4700
E:\FR\FM\26JNR1.SGM
NFR citation
26JNR1
41326
Federal Register / Vol. 88, No. 121 / Monday, June 26, 2023 / Rules and Regulations
Title/subject
Western Sugar June 12, 1998 Board Order and Stipulation. In the
Matter of the Application of the Department of Health and Environmental Sciences for Revision of the Montana State Air Quality
Control Implementation plan Relating to Control of Sulfur Dioxide
Emissions in the Billings/Laurel Area.
Western Sugar June 12, 1998 Exhibit A. Emission Limitations and
Other Conditions.
Yellowstone Energy Limited Partnership June 12, 1998 Board
Order and Stipulation. In the Matter of the Application of the Department of Health and Environmental Sciences for Revision of
the Montana State Air Quality Control Implementation Plan Relating to Control of Sulfur Dioxide Emissions in the Billings/Laurel
Area.
Yellowstone Energy Limited Partnership June 12, 1998 Exhibit A
(with 3/17/00 revisions) Emission Limitations and Other Conditions.
Yellowstone Energy Limited Partnership March 17, 2000 Board
Order and Stipulation. In the Matter of the Application of the Department of Environmental Quality for Revision of the Montana
State Air Quality Control Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the Billings/Laurel Area.
(12) Other:
JE Corette Steam Electric Station October 18, 2019 Board Order
Findings of Fact, Conclusions of Law, and Order. Setting Air Pollutant Emission Limits For Revision of the State Implementation
Plan Concerning Protection of Visibility, Appendix A.
*
*
§ 52.1396
■
*
*
*
State effective
date
Notice of final
rule date
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
6/12/1998
5/2/2002
67 FR 22168.
3/17/2000
5/22/2003
68 FR 27908.
3/17/2000
5/22/2003
68 FR 27908.
10/18/2019
6/26/2023
[INSERT FEDERAL REGISTER CITATION].
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Removed and Reserved]
Administration for Children and
Families
3. Remove and reserve § 52.1396.
[FR Doc. 2023–13464 Filed 6–23–23; 8:45 am]
45 CFR Part 1302
BILLING CODE P
RIN 0970–AC90
ENVIRONMENTAL PROTECTION
AGENCY
Removal of the Vaccine Requirements
for Head Start Programs
40 CFR Part 423
Steam Electric Power Generating Point
Source Category
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
In Title 40 of the Code of Federal
Regulations, Parts 400 to 424, revised as
of July 1, 2022, in section 423.16,
duplicate paragraphs (e) and (g) are
removed.
■
ddrumheller on DSK120RN23PROD with RULES1
[FR Doc. 2023–13557 Filed 6–23–23; 8:45 am]
BILLING CODE 0099–10–P
VerDate Sep<11>2014
16:04 Jun 23, 2023
Office of Head Start (OHS),
Administration for Children and
Families (ACF), Department of Health
and Human Services (HHS).
ACTION: Final rule.
AGENCY:
Jkt 259001
This final rule removes the
vaccine and testing requirements
included in the Interim Final Rule with
Comment Period (IFC) titled, ‘‘Vaccine
and Mask Requirements To Mitigate the
Spread of COVID–19 in Head Start
Programs,’’ which the Administration
for Children and Families published on
November 30, 2021. Specifically, this
rescission removes the requirement
from the Head Start Program
Performance Standards (HSPPS) that all
Head Start staff, contractors whose
activities involve contact with or
providing direct services to children
and families, and volunteers working in
classrooms or directly with children are
fully vaccinated for COVID–19. The
associated HSPPS requirement that staff
who are exempt from the vaccination
requirement have ‘‘at least weekly’’
COVID–19 testing is also removed.
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
NFR citation
Effective date: This final rule is
effective June 26, 2023.
FOR FURTHER INFORMATION CONTACT: Kate
Troy, OHS, at HeadStart@eclkc.info or
1–866–763–6481. Telecommunications
Relay Service users can first dial 7–1–
1, then share the 1–866–763–6481
number with the operator.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
I. Executive Summary
II. Background
III. Rationale for the Rescission
IV. Overview of Public Comments on the
Interim Final Rule With Comment Period
V. Public Comments Analysis
VI. Regulatory Process Matters
VII. Regulatory Impact Analysis
VIII. Tribal Consultation Statement
I. Executive Summary
(1) Purpose of the Regulatory Action
The purpose of this regulatory action
is to remove the COVID–19 vaccination
and testing requirements established by
the Interim Final Rule with Comment
Period (IFC), Vaccine and Mask
Requirements to Mitigate the Spread of
COVID–19 in Head Start Programs,
which ACF issued on November 30,
2021 (86 FR 68052), from the Head Start
Program Performance Standards
(HSPPS). Specifically, this final rule
removes the requirement that all Head
Start staff, contractors whose activities
involve contact with or providing direct
services to children and families, and
volunteers working in classrooms or
directly with children are fully
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 88, Number 121 (Monday, June 26, 2023)]
[Rules and Regulations]
[Pages 41320-41326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13464]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2021-0001; FRL-10014-02-R8]
Air Plan Approval; Montana; Revisions to Regional Haze State
Implementation Plan and Partial Withdrawals to Regional Haze Federal
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Montana on
March 25, 2020, addressing regional haze. Specifically, EPA is
approving a SIP revision for the first implementation period of the
Clean Air Act's (CAA) regional haze program that addresses the nitrogen
oxides (NOX) and sulfur dioxide (SO2) Best
Available Retrofit Technology (BART) requirements for two electric
generating unit (EGU) facilities, as well as replaces portions of the
Federal Implementation Plan (FIP) promulgated by EPA in 2012 (2012
[[Page 41321]]
regional haze FIP) addressing the NOX, SO2, and
particulate matter (PM) BART requirements for two cement kilns and the
PM BART requirements for the same two EGU facilities. Consistent with
our approval of Montana's regional haze SIP revision, EPA is
withdrawing, the portions of the FIP promulgated by EPA in the 2012
regional haze FIP addressing the NOX, SO2, and PM
BART requirements for the two cement kilns and the PM BART requirements
for the two EGU facilities. This action also addresses the United
States Court of Appeals for the Ninth Circuit's June 9, 2015 vacatur
and remand of portions of the FIP. EPA is finalizing this action
pursuant to the CAA.
DATES: This rule is effective on July 26, 2023.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2021-0001. 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
website and will be publicly available only in hard copy form. Publicly
available docket materials are available through https://www.regulations.gov, or please call or email 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, telephone number: (303) 312-6252, email address:
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background
II. Public Comments and EPA Responses
III. EPA's Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Determination Under Clean Air Act Section 307(d)
L. Congressional Review Act
M. Judicial Review
I. Background
In our notice of proposed rulemaking published on September 9, 2022
(87 FR 55331), EPA proposed to approve revisions to Montana's regional
haze SIP submitted by the State of Montana on March 25, 2020. In this
rulemaking, we are taking final action to approve two Montana Board of
Environment Review Orders pertaining to regional haze requirements for
four facilities \1\ into the state's SIP. Specifically, EPA is
approving: (1) NOX, SO2, and PM BART emission
limits along with associated requirements for the Ash Grove Cement
Company's Montana City Plant (Montana City) and GCC Three Forks, LLC's
Trident Plant (Trident); (2) the PM BART emission limits along with
associated requirements for Talen Montana, LLC's Colstrip Steam
Electric Station, Units 1 and 2 (Colstrip Units 1 and 2); (3) the
determination that Colstrip Units 1 and 2's enforceable shutdown date
of July 1, 2022, satisfies the outstanding NOX and
SO2 BART requirements for that facility; and (4) the
determination that the outstanding NOX and SO2
BART requirements for Corette (as well as the remaining PM BART
requirements for Corette in EPA's FIP) are satisfied because the source
is no longer in operation and has been demolished.
---------------------------------------------------------------------------
\1\ Ash Grove Cement Company's Montana City Plant; GCC Three
Forks, LLC's Trident Plant; JE Corette Steam Electric Station; and
Talen Montana, LLC's Colstrip Steam Electric Station, Units 1 and 2.
---------------------------------------------------------------------------
Consistent with our approval of Montana's regional haze SIP for the
PM BART emission limits and other requirements for Colstrip Units 1 and
2 and Corette along with the NOX, SO2, and PM
BART emission limits and other requirements for Montana City and
Trident, we are also withdrawing those corresponding portions of the
2012 regional haze FIP found at 40 CFR 52.1396.
In addition, through our approval of the NOX and
SO2 BART determinations for Corette and Colstrip Units 1 and
2, we are addressing the U.S. Court of Appeals for the Ninth Circuit's
June 9, 2015 remand of portions of the 2012 regional haze FIP in this
action, including EPA's response to a public comment regarding the use
of the CALPUFF visibility model in determining BART at Colstrip Units 1
and 2.
The technical rationale for our approval and our response to the
remand of portions of the 2012 FIP for Montana are provided in detail
in the proposed rule.
II. Public Comments and EPA Responses
We received two comments that were both submitted anonymously
during the public comment period. EPA determined that the first
comment, which asks where money collected in the form of fees, auctions
of emissions rights, and permits will go, does not pertain to and is
outside the scope of our proposed action and fails to identify a
material issue related to this action that necessitates a response.
Below is a summary of the second comment and EPA's response.
Comment: The commenter asserts that NOX, SO2,
and PM are dangerous chemicals that lead to adverse health effects,
including respiratory infections, asthma, lung disease and cancer.
Likewise, the commenter claims that these emissions could also cause
environmental damage, including acid rain, contributions to the
greenhouse effect, and changes to weather patterns associated with
climate change. In summary, the commenter argues that these emissions
are harmful to people living nearby these facilities and reductions in
emissions will protect both human health and the environment.
Response: EPA appreciates the commenter's concerns regarding the
negative health impacts of NOX, SO2, and PM.
While the legal requirements against which we have evaluated Montana's
SIP submission for purposes of this action concern remedying visibility
impairment,\2\ we note this action may also have potential co-benefits
through the reductions of NOX, SO2, and PM
emissions associated with meeting the BART requirements. Therefore,
while we appreciate the commenter's concern and support for this
action, we take no positions as to these specific statements.
---------------------------------------------------------------------------
\2\ See generally CAA section 169A.
---------------------------------------------------------------------------
[[Page 41322]]
III. EPA's Final Action
We are approving the following elements of Montana's regional haze
SIP revision as satisfying the applicable requirements for the first
regional haze planning period:
In the Matter of an Order Setting Air Pollutant Emission
Limits that the State of Montana may Submit to the Federal
Environmental Protection Agency for Revision of the State
Implementation Plan Concerning Protection of Visibility, Affecting the
Following Facilities: Ash Grove Cement Company's Montana City Plant,
and GCC Three Forks, LLC's Trident Plant. Board Order Findings of Fact,
Conclusions of Law, and Order. October 18, 2019, Appendix A.
In the Matter of an Order Setting Air Pollutant Emission
Limits that the State of Montana may Submit to the Federal
Environmental Protection Agency for Revision of the State
Implementation Plan Concerning Protection of Visibility, Affecting the
Following Facilities: Talen Montana, LLC's Colstrip Steam Electric
Station, Units 1 and 2, and JE Corette Steam Electric Station. Board
Order Findings of Fact, Conclusions of Law, and Order. October 18,
2019, Appendix A.
Because we are finding that Montana's SIP revision satisfies the
applicable requirements related to the obligation for states' regional
haze plans to include BART for the first regional haze planning period,
we are also withdrawing the corresponding portions of the 2012 regional
haze FIP addressing the NOX, SO2, and PM BART
emission limits and associated requirements for two cement kilns and
the PM BART emission limits and associated requirements for the two EGU
facilities contained within our 2012 regional haze FIP at 40 CFR
52.1396. While EPA is approving the emission limits, compliance
determination requirements, and other monitoring, reporting, and
recordkeeping requirements associated with BART into Montana's SIP as
detailed in the proposed rule, other regional haze requirements for the
first implementation period, including requirements related to
reasonable progress and analytical requirements related to BART remain
satisfied by EPA's FIP (with no enforceable FIP requirements left in
the CFR).
IV. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, EPA is finalizing the incorporation by reference of the SIP
amendments described in section III of this preamble. The EPA has made,
and will continue to make, these materials generally available through
https://www.regulations.gov (refer to docket EPA-R08-OAR-2021-0001) 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 EPA for
inclusion in the SIP, have been incorporated by reference by 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 EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866, as
amended by Executive Order 14094, because it applies to only 4
facilities in the State of Montana.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (PRA) because it revises
the reporting requirements for 4 facilities.
C. Regulatory Flexibility Act
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (RFA). This action will not impose any requirements on
small entities as no small entities are subject to the requirements of
this rule.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action merely
transfers the regional haze requirements found in the 2012 regional
haze FIP to a SIP and approves the State's permanent closure of two
facilities, thus this action is not subject to the requirements of
sections 202 or 205 of UMRA. This action is also not subject to the
requirements of section 203 of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'', requires EPA to develop an
accountable process to ensure ``meaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' \4\ This action does not have tribal implications, as
specified in Executive Order 13175. It will not have substantial direct
effects on tribal governments. Thus, Executive Order 13175 does not
apply to this action. However, EPA did send letters to each of the
Montana tribes explaining our regional haze action and offering
consultation.
---------------------------------------------------------------------------
\4\ 65 FR 67249, 67250 (November 9, 2000).
---------------------------------------------------------------------------
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997). EPA interprets Executive Order 13045 as applying only
to those regulatory actions that concern environmental health or safety
risks that EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it does not concern an environmental
health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant
[[Page 41323]]
regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement (NTTAA)
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high, and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
The EPA believes that the human health and environmental conditions
that exist prior to this action do not result in disproportionate and
adverse effects on people of color, low-income populations, and/or
Indigenous peoples. In 2012, we determined that our final action would
``not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
increased the level of environmental protection for all affected
populations without having any disproportionately high and adverse
human health or environmental effects on any population, including any
minority or low-income population.'' \5\
---------------------------------------------------------------------------
\5\ 77 FR 57914 (September 18, 2012).
---------------------------------------------------------------------------
The EPA believes that this action is not likely to result in new
disproportionate and adverse effects on people of color, low-income
populations and/or Indigenous peoples. Because this final rule alters
the existing requirements for regional haze in the State of Montana by
including the enforceable shutdown of two sources and otherwise only
transfers existing requirements from a FIP to the SIP, our
determination is unchanged from that in 2012. The EPA additionally
identified and addressed environmental justice concerns by performing a
screening analysis using the EJScreen tool \6\ to evaluate
environmental and demographic indicators for the areas impacted by this
action. These results indicate that areas impacted by this final action
are not potential areas of EJ concern and are not candidates for
further EJ review. EPA is providing this information for public
information purposes, and not as a basis of our final action. The
information supporting this Executive Order review is contained in the
docket for this action.
---------------------------------------------------------------------------
\6\ EJSCREEN is an environmental justice mapping and screening
tool that provides EPA with a nationally consistent dataset and
approach for combining environmental and demographic indicators;
available at https://www.epa.gov/ejscreen/what-ejscreen.
---------------------------------------------------------------------------
K. Determination Under Clean Air Act Section 307(d)
The partial withdrawal of EPA's FIP in this action is subject to
the provisions of CAA section 307(d) pursuant to section 307(d)(1)(B),
which provides that section 307(d) applies to, among other things,
``the promulgation or revision of an implementation plan by the
Administrator under [CAA section 110(c)].'' \7\ The agency has complied
with the procedural requirements of CAA section 307(d) during the
course of this rulemaking with regard to the entirety of this action.
---------------------------------------------------------------------------
\7\ 42 U.S.C. 7607(d)(1)(B).
---------------------------------------------------------------------------
L. Congressional Review Act
This rule is exempt from the Congressional Review Act (CRA) because
it is a rule of particular applicability that only applies to 4
facilities.
M. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 25, 2023. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for purposes of judicial review nor does it
extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxides, Particulate
matter, Sulfur oxide.
Michael S. Regan,
Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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. Amend Sec. 52.1370 by revising the table in paragraph (d) to read
as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(d) * * *
----------------------------------------------------------------------------------------------------------------
Notice of
Title/subject State final rule NFR citation
effective date date
----------------------------------------------------------------------------------------------------------------
(1) Cascade County:
1985 December 5 Stipulation and 1985 12/5/1985 9/7/1990 55 FR 36812.
October 20 Permit for Montana Refining
Company. In the matter of the Montana
Refining Company, Cascade County;
compliance with ARM 16.8.811, ambient air
quality standard for carbon monoxide.
(2) Deer Lodge County:
1978 November 16 Order for Anaconda Copper 11/16/1978 1/10/1980 45 FR 2034.
Smelter. In the Matter of the Petition of
the Department of Health and
Environmental Sciences for an Order
adopting a Sulfur Oxides Control Strategy
for the Anaconda Copper Smelter at
Anaconda, Montana, and requiring the
Anaconda Company to comply with the
Control Strategy.
(3) Flathead County:
[[Page 41324]]
Air Quality Permit #2667-M, Dated 1/24/92. 1/24/1992 4/14/1994 59 FR 17700.
Plum Creek Manufacturing, Inc.
Stipulation--A-1 Paving, In the Matter of 9/17/1993 3/19/1996 61 FR 11153.
Compliance of A-1 Paving, Kalispell,
Montana.
Stipulation--Equity Supply Company, In the 9/17/1993 3/19/1996 61 FR 11153.
Matter of Compliance of Equity Supply
Company.
Stipulation--Flathead Road Department #1, 9/17/1993 3/19/1996 61 FR 11153.
In the Matter of Compliance of Flathead
Road Department, Kalispell, Montana.
Stipulation--Flathead Road Department #2, 9/17/1993 3/19/1996 61 FR 11153.
In the Matter of Compliance of Flathead
Road Department, Kalispell, Montana.
Stipulation--Klingler Lumber Company, In 9/17/1993 3/19/1996 61 FR 11153.
the Matter of Compliance of Klinger
Lumber Company, Inc., Kalispell, Montana.
Stipulation--McElroy & Wilkens, In the 9/17/1993 3/19/1996 61 FR 11153.
Matter of Compliance of McElroy and
Wilkens, Inc., Kalispell, Montana.
Stipulation--Montana Mokko, In the Matter 9/17/1993 3/19/1996 61 FR 11153.
of Compliance of Montana Mokko,
Kalispell, Montana.
Stipulation--Pack and Company, In the 9/7/1993 3/19/1996 61 FR 11153.
Matter of Compliance of Pack and Company,
Inc., Kalispell, Montana.
Stipulation--Pack Concrete, In the Matter 9/17/1993 3/19/1996 61 FR 11153.
of Compliance of Pack Concrete, Inc.,
Kalispell, Montana.
Stipulation--Plum Creek, In the Matter of 9/17/1993 3/19/1996 61 FR 11153.
Compliance of Plum Creek Manufacturing,
L.P., Kalispell, Montana.
(4) Gallatin County:
GCC Three Forks, LLC's Trident Plant 10/18/2019 6/26/2023 [INSERT FEDERAL REGISTER
October 18, 2019 Board Order Findings of CITATION].
Fact, Conclusions of Law, and Order.
Setting Air Pollutant Emission Limits For
Revision of the State Implementation Plan
Concerning Protection of Visibility,
Appendix A.
(5) Jefferson County:
Ash Grove Cement Company's Montana City 10/18/2019 6/26/2023 [INSERT FEDERAL REGISTER
Plant October 18, 2019 Board Order CITATION].
Findings of Fact, Conclusions of Law, and
Order. Setting Air Pollutant Emission
Limits For Revision of the State
Implementation Plan Concerning Protection
of Visibility, Appendix A.
(6) Lewis and Clark County:
Total Suspended Particulate NAAQS--East 4/24/1979 1/10/1980 45 FR 2034.
Helena, ASARCO Application for Revisions
of Montana State Air Quality Control
Implementation Plan--Only as it applies
to Total Suspended Particulate.
Sulfur Dioxide NAAQS--Board Orders, 3/15/1994 1/27/1995 60 FR 5313.
Stipulations, Exhibits, and Attachments,
Asarco Stipulation--1994 March 15.
Sulfur Dioxide NAAQS--Board Orders, 3/15/1994 1/27/1995 60 FR 5313.
Stipulations, Exhibits, and Attachments,
Exhibit A--Asarco Emission Limitations
and Conditions, Asarco Incorporated, East
Helena, Montana.
Asarco Board Order--1994 March 18. In the 3/18/1994 1/27/1995 60 FR 5313.
Matter of the Application of the
Department of Health and Environmental
Sciences for Revision of the Montana
State Air Quality Control Implementation
Plan Relating to Control of Sulfur
Dioxide Emissions from the Lead Smelter
Located at East Helena, Montana, owned
and operated by Asarco Incorporated.
Lead NAAQS--Board Orders, Stipulations, 6/30/1995 6/18/2001 66 FR 32760.
Exhibits, and Attachments, American
Chemet Stipulation--1995 June 30.
Lead NAAQS--Board Orders, Stipulations, 8/4/1995 6/18/2001 66 FR 32760.
Exhibits, and Attachments, American
Chemet Board Order--1995 August 4.
Lead NAAQS--Board Orders, Stipulations, 6/10/2013 3/28/2018 83 FR 13196.
Exhibits, and Attachments, Exhibit A--
American Chemet Emissions Limitations and
Conditions, American Chemet Corporation,
East Helena, Montana.
Lead NAAQS--Board Orders, Stipulations, 6/11/1996 6/18/2001 66 FR 32760.
Exhibits, and Attachments, Asarco
Stipulation--1996 June 11.
Lead NAAQS--Board Orders, Stipulations, 6/26/1996 6/18/2001 66 FR 32760.
Exhibits, and Attachments, Asarco Board
Order--1996 June 26.
Lead NAAQS--Board Orders, Stipulations, 6/26/1996 6/18/2001 66 FR 32760.
Exhibits, and Attachments, Exhibit A--
Asarco Emission Limitations and
Conditions with attachments 1-7, Asarco
Lead Smelter, East Helena, Montana.
Lead NAAQS--Board Orders, Stipulations, 8/28/1998 6/18/2001 66 FR 32760.
Exhibits, and Attachments, Asarco
Stipulation--1998 August 13.
Lead NAAQS--Board Orders, Stipulations, 8/28/1998 6/18/2001 66 FR 32760.
Exhibits, and Attachments, Asarco Board
Order--1998 August 28.
Lead NAAQS--Board Orders, Stipulations, 9/15/2000 6/18/2001 66 FR 32767.
Exhibits, and Attachments, Asarco
Stipulation--2000 July 18.
Lead NAAQS--Board Orders, Stipulations, 9/15/2000 6/18/2001 66 FR 32767.
Exhibits, and Attachments, Asarco Board
Order--2000 September 15.
[[Page 41325]]
(7) Lincoln County:
Board Order--1994 December 16 (Stimson 12/16/1994 9/30/1996 61 FR 51014.
Lumber). In the Matter of Compliance of
Stimson Lumber Company, Libby, Montana.
Air Quality Permit #2627-M Dated 7/25/91. 3/19/1993 8/30/1994 59 FR 44627.
Stimson Lumber Company (formerly Champion
International Corp).
Stipulation--Stimson Lumber. In the Matter 12/16/1994 9/30/1996 61 FR 51014.
of Compliance of Stimson Lumber Company,
Libby, Montana.
(8) Missoula County:
Air Quality Permit #2303M, Dated 3/20/92. 3/20/1992 1/18/1994 59 FR 2537.
Louisiana-Pacific Corporation.
Air Quality Permit #2589M, Dated 1/23/92. 1/24/1992 1/18/1994 59 FR 2537.
Stone Container Corporation.
(9) Rosebud County:
1980 October 22 Permit for Western Energy 10/22/1980 4/26/1985 50 FR 16475.
Company.
Talen Montana, LLC's Colstrip Steam 10/18/2019 6/26/2023 [INSERT FEDERAL REGISTER
Electric Station, Units 1 and 2 October CITATION].
18, 2019 Board Order Findings of Fact,
Conclusions of Law, and Order. Setting
Air Pollutant Emission Limits For
Revision of the State Implementation Plan
Concerning Protection of Visibility,
Appendix A.
(10) Silver Bow County:
Air Quality Permit #1636-06 dated 8/22/96. 8/22/1996 12/6/1999 64 FR 68034.
Rhone-Poulenc Basic Chemicals Company.
Air Quality Permit #1749-05 dated 1/5/94. 1/5/1994 3/22/1995 60 FR 15056.
Montana Resources, Inc.
(11) Yellowstone County:
Cenex June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168.
Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Cenex June 12, 1998 Exhibit A (with 3/17/ 3/17/2000 5/22/2003 68 FR 27908.
00 Revisions) Emission Limitations and
Other Conditions.
Cenex March 17, 2000 Board Order and 3/17/2000 5/22/2003 68 FR 27908.
Stipulation. In the Matter of the
Application of the Department of
Environmental Quality for Revision of the
Montana State Air Quality Control
Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Conoco June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168.
Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Conoco June 12, 1998 Exhibit A. Emission 6/12/1998 5/2/2002 67 FR 22168.
Limitations and Other Conditions.
Exxon June 12, 1998 Board Order and 6/12/1998 5/2/2002 67 FR 22168.
Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Exxon June 12, 1998 Exhibit A (with 3/17/ 3/17/2000 5/22/2003 68 FR 27908.
00 Revisions). Emission Limitations and
Other Conditions.
Exxon March 17, 2000 Board Order and 3/17/2000 5/22/2003 68 FR 27908.
Stipulation. In the Matter of the
Application of the Department of
Environmental Quality for Revision of the
Montana State Air Quality Control
Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Montana Power June 12, 1998 Board Order 6/12/1998 5/2/2002 67 FR 22168.
and Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Montana Power June 12, 1998 Exhibit A, 6/12/1998 5/2/2002 67 FR 22168.
Emission Limitations and Conditions.
Montana Sulphur & Chemical Company June 6/12/1998 5/2/2002 67 FR 22168.
12, 1998 Board Order and Stipulation. In
the Matter of the Application of the
Department of Health and Environmental
Sciences for Revision of the Montana
State Air Quality Control Implementation
plan Relating to Control of Sulfur
Dioxide Emissions in the Billings/Laurel
Area.
Montana Sulphur & Chemical Company June 6/12/1998 5/2/2002 67 FR 22168.
12, 1998 Exhibit A. Emission Limitations
and Other Conditions.
[[Page 41326]]
Western Sugar June 12, 1998 Board Order 6/12/1998 5/2/2002 67 FR 22168.
and Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Western Sugar June 12, 1998 Exhibit A. 6/12/1998 5/2/2002 67 FR 22168.
Emission Limitations and Other Conditions.
Yellowstone Energy Limited Partnership 6/12/1998 5/2/2002 67 FR 22168.
June 12, 1998 Board Order and
Stipulation. In the Matter of the
Application of the Department of Health
and Environmental Sciences for Revision
of the Montana State Air Quality Control
Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
Yellowstone Energy Limited Partnership 3/17/2000 5/22/2003 68 FR 27908.
June 12, 1998 Exhibit A (with 3/17/00
revisions) Emission Limitations and Other
Conditions.
Yellowstone Energy Limited Partnership 3/17/2000 5/22/2003 68 FR 27908.
March 17, 2000 Board Order and
Stipulation. In the Matter of the
Application of the Department of
Environmental Quality for Revision of the
Montana State Air Quality Control
Implementation Plan Relating to Control
of Sulfur Dioxide Emissions in the
Billings/Laurel Area.
(12) Other:
JE Corette Steam Electric Station October 10/18/2019 6/26/2023 [INSERT FEDERAL REGISTER
18, 2019 Board Order Findings of Fact, CITATION].
Conclusions of Law, and Order. Setting
Air Pollutant Emission Limits For
Revision of the State Implementation Plan
Concerning Protection of Visibility,
Appendix A.
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1396 [Removed and Reserved]
0
3. Remove and reserve Sec. 52.1396.
[FR Doc. 2023-13464 Filed 6-23-23; 8:45 am]
BILLING CODE P
