[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40237-40242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16935]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0601; FRL-9223-4]
Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Montana; Revisions to the Administrative Rules of
Montana--Air Quality, Subchapter 7 and Other Subchapters
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions submitted by the State of Montana
on August 26, 1999, May 28, 2003, March 9, 2004, October 25, 2005, and
October 16, 2006. The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction, and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, in addition to other minor administrative changes to
other subchapters of the Administrative Rules of Montana (ARM). In this
action, EPA is approving those portions of the rules that are
approvable and disapproving those portions of the rules that are
[[Page 40238]]
inconsistent with the Clean Air Act (CAA). This action is being taken
under section 110 of the CAA.
DATES: Effective Date: This final rule is effective August 8, 2011.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2006-0601. All documents in the docket are listed in
the http://www.regulations.gov Web site. 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, will be publicly available only
in hard copy. Publicly-available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6227, or [email protected].
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
Table of Contents
I. Background and Purpose
II. Response to Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background and Purpose
The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 require states to
have legally enforceable procedures to prevent construction or
modification of a source if it would violate any SIP control strategies
or interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). Such minor New Source Review (NSR) programs
are for pollutants from stationary sources that do not require
Prevention of Significant Deterioration (PSD) or nonattainment NSR
permits. States may customize the requirements of the minor NSR program
as long as their program meets minimum requirements.
In a proposed rule action published on March 4, 2010, EPA proposed
to partially approve and partially disapprove revisions to the State of
Montana's State Implementation Plan (SIP) submitted on August 26, 1999,
May 28, 2003, March 9, 2004, October 25, 2005, and October 16, 2006 (as
described below). The revisions contain new, amended, and repealed
rules in Subchapter 7 (Permit, Construction and Operation of Air
Contaminant Sources) that pertain to the issuance of Montana air
quality permits, and in addition other subchapters of the ARM.
A. August 26, 1999 Submittal
On August 26, 1999, the Governor of Montana submitted a SIP
revision request. The revision contains amended and repealed rules to
various subchapters in the ARM that were adopted by the Montana Board
of Environmental Review (Board) on May 14, 1999. Specific to Subchapter
7 (Permit, Construction, and Operation of Air Contaminant Sources), the
submittal revised ARM 17.8.705 and 17.8.733 and repealed ARM 17.8.708.
However, as indicated below, a May 28, 2003 submittal rescinded the
August 26, 1999 revisions to ARM 17.8.705 and 17.8.733.
B. May 28, 2003 Submittal
On May 28, 2003, the Governor of Montana submitted a SIP revision
request. The revision contains new, amended, and repealed rules adopted
by the Board on December 6, 2002. The new and repealed rules pertain to
the issuance of Montana air quality permits and are in Subchapter 7 of
the ARM. The amended rules contain references to the new and repealed
rules.
The new rules include: ARM 17.8.740, 17.8.743, 17.8.744, 17.8.745,
17.8.748, 17.8.749, 17.8.752, 17.8.755, 17.8.756, 17.8.759, 17.8.760,
17.8.762, 17.8.763, 17.8.764, 17.8.765, 17.8.767, and 17.8.770.
The repealed SIP-approved rules include: ARM 17.8.701, 17.8.702,
17.8.704, 17.8.705, 17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716,
17.8.717, 17.8.720, 17.8.730, 17.8.731, 17.8.732, 17.8.733, and
17.8.734.
The amended SIP-approved rules include: ARM 17.8.101, 17.8.110,
17.8.309, 17.8.310, 17.8.818, 17.8.825, 17.8.826, 17.8.901, 17.8.904,
17.8.905, 17.8.906, 17.8.1004, 17.8.1005, 17.8.1106, and 17.8.1109.
The May 28, 2003 submittal also rescinded outstanding SIP
submissions for rules that amended the following: ARM 17.8.702, adopted
July 20, 2001 and submitted on December 20, 2001 \1\; and ARM 17.8.705
and 17.8.733, adopted on May 14, 1999 and submitted on August 26, 1999.
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\1\ Note that the May 28, 2003 submittal requested rescinding
revisions to ARM 17.8.702, adopted on July 20, 2001 and submitted on
December 20, 2001. EPA had already approved the revisions to ARM
17.8.702 (see 67 FR 55125, 8/28/02, and 40 CFR 52.1370(c)(55)) by
the time we had received the May 28, 2003 letter. However, the May
28, 2003 submittal also requests that all of ARM 17.8.702 be
repealed. We are proposing to remove ARM 17.8.702 from the
federally-approved SIP.
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C. March 9, 2004 Submittal
On March 9, 2004, the Governor of Montana submitted a SIP revision
request. The revision contains amended rules adopted by the Board on
September 26, 2003. The amended rules pertain to the issuance of
Montana air quality permits. The following rules were amended: ARM
17.8.749, 17.8.759, 17.8.763, and 17.8.764.
D. October 25, 2005 Submittal
On October 25, 2005, the Governor of Montana submitted a SIP
revision request. The revision contains amended rules adopted by the
Board on June 3, 2005. EPA approved all of the October 25, 2005
submittal on July 19, 2006 (71 FR 40922), except for ARM 17.8.767. We
are addressing ARM 17.8.767 in this action.
E. October 16, 2006 Submittal
On October 16, 2006, the Governor of Montana submitted a SIP
revision request. The revision contains an amended rule for ARM
17.8.743(1) and new rules codified as ARM 17.8.1601, 17.8.1602,
17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606, and ARM 17.8.759
adopted by the Board on December 2, 2005. The submittal also requested
to withdraw ARM 17.8.743(1)(c) from being incorporated into the SIP. We
are addressing ARM 17.8.759 in this action. The revision to ARM
17.8.743(1) and the new rules pertain to the regulation of oil and gas
well facilities, and we will address this revision request in a
separate action.
II. Response to Comments
EPA received one letter from WildEarth Guardians (WG) commenting on
EPA's Federal Register action proposing approval and disapproval of the
Montana SIP Provisions in Docket
[[Page 40239]]
ID No. EPA-R08-OAR-2006-0601. In this section EPA responds to the
significant adverse comments made by the commenter.
Comment No. 1--The commenter opposed EPA's approval of ARM
17.8.743(2) and (3). The commenter alleges that these rules directly
contradict 40 CFR 51.160. To the extent the commenter makes this
argument, EPA responds below.
EPA Response--EPA disagrees with the commenter's assessment. First,
the commenter references 40 CFR 51.160(b) in particular, the
requirement that a plan must set forth legally enforceable procedures
which include a means for the State or local permitting agency to
prevent construction or modification of a source if it will interfere
with applicable portions of the control strategy or the attainment or
maintenance of a national standard. The commenter asserts that ARM
17.8.743(2) allows a stationary source to initiate construction
activities upon receipt of a ``completeness determination'' pursuant to
ARM 17.8.759 and that the ``completeness determination'' requirements
are insufficient to show compliance with 40 CFR 51.160(b).
EPA has determined the Montana rules are consistent with the CAA
and EPA regulations, and therefore approvable as a SIP revision.
Section 110(a)(2)(C) of the CAA requires that SIPs include a program
for regulating the construction and modification of stationary sources
as necessary to ensure that the NAAQS are achieved. The Montana
regulations clearly regulate the construction and modification of
stationary sources and ensure that the NAAQS will be met. In addition,
as explained in the proposed rule, EPA's regulations at 40 CFR 51.160
do not require the issuance of a permit for the construction or
modification of minor sources, but only that the SIP include legally
enforceable procedures to prevent the construction of a source or
modification that would violate the SIP control strategy or interfere
with attainment or maintenance of the NAAQS. EPA-approved SIP minor NSR
programs in several states do not require permits prior to
construction, but instead contain other enforceable procedures. See 75
FR 54562 (Sept. 26, 2007) (Missouri), 68 FR 2217 (Jan. 16, 2003)
(Idaho).
Montana's rules include enforceable procedures to prevent the
construction of any source or modification that would violate SIP
requirements. In determining whether or not the SIP includes these
legally enforceable procedures, EPA does not look at a particular
component of an implementation plan in isolation (such as ARM
17.8.743(2) and (3)). EPA must be able to determine that, with the
revisions in place, the whole ``plan as revised'' meets the
requirements of 51.160. In addition, Montana's rule contains sufficient
safeguards to meet the requirements of 51.160. First, the State is not
obligated to issue a permit where the owner or operator received a
completeness determination. ARM 17.8.743(4). Second, the rule contains
a provision indicating that if the owner or operator proceeds with the
initial construction activities it accepts the regulatory risks of
engaging in such activities. ARM 17.8.743(4). Third, Montana's rule
contains safeguards regarding the type of activity allowed before
permit issuance. The rule only allows installing concrete foundations
work, below ground plumbing, installing ductwork, and other
infrastructure and/or excavation work involving the same. ARM
17.8.743(2). Fourth, the rule specifically prohibits the construction
or installation of emission units (without a permit or a State
determination that the unit will not interfere with the NAAQS or a
control strategy). ARM 17.8.743(2). Thus EPA disagrees with the
commenter's suggestion that the rule does not state that construction
or modification of the emission units subject to permitting cannot
commence prior to issuance of the permit.
EPA has determined the addition of ARM 17.8.743(2) and (3) to the
Montana Air Quality Program (MAQP) do not compromise the legally
enforceable procedures in the MAQP and meet the requirements of 40 CFR
51.160.
The commenter also suggests that the phrase ``[a] true minor source
is not subject to PSD requirements and is not subject to other federal
requirements'' is confusing and appears to be a contradiction to the
requirements of 40 CFR 51.160.
During the rulemaking process, EPA's intent was to make it
explicitly clear that ARM 17.8.743(2) and (3) only apply to ``true''
minor sources in order to ensure that sources that are subject to
federal requirements (i.e., PSD and synthetic minors) do not begin any
construction prior to permit issuance. 17.8.743(5) states: ``The
provisions of (2) do not supersede any other local, State, or federal
requirements associated with the activities set forth therein.'' EPA
has interpreted ``federal requirements'' to mean synthetic minor permit
limits. PSD provisions remain applicable until a proposed project
legally obtains synthetic minor status (i.e., obtains permitted limits
which limit the source below the PSD thresholds). Therefore, EPA has
concluded that the rule only applies to true minor sources.
Comment No. 2--The commenter opposed EPA's approval of ARM
17.8.752(1)(a)(i), alleging that this approval appears contrary to
Section 110(l) of the CAA in that it would weaken current permitting
requirements and will lead to more air pollution than would otherwise
be allowed. The commenter states that the current minor source Best
Available Control Technology (BACT) provision (triggered for an entire
source) has been relied upon by Montana and EPA to ensure that the
NAAQS will be attained and maintained pursuant to Section 110 of the
CAA. The commenter acknowledges there is no federal requirement for
minor source BACT. To the extent the commenter makes this argument, EPA
responds below.
EPA Response--EPA disagrees with this comment. As the commenter
points out, there is no federal requirement for BACT for minor sources
and the inclusion of ARM 17.8.752(1)(a)(i) is a ``discretionary''
control measure. Measures not tied to an area's classification and not
mandated by the CAA are often referred to as ``discretionary''
measures. States can remove discretionary measures from attainment,
nonattainment or maintenance plans. In this instance, the State has not
removed this discretionary control measure from its SIP, but has
revised it. This revision results in minor source BACT applying only to
the specific emissions unit being modified as opposed to the whole
source. This revision will result in fewer sources postponing or
foregoing modifying emission units, even those that would implement
emission reductions, in order to avoid a comprehensive review and
expensive upgrades to an entire facility.
EPA again notes that maintaining compliance with the NAAQS and
Section 110 of the CAA is not dependent on a single component of the
Montana ARM or a single revision of the SIP, but how the revisions as a
whole affect attainment and maintenance of the NAAQS. ARM 17.8.752 has
been used in addition to the remainder of the MAQP rules, individual
control plans for nonattainment areas, generally applicable rules
prohibiting certain emitting activities, open burning rules, etc. in
order to ensure compliance with the NAAQS. ARM 17.8.752, as revised in
this rule, does not weaken the MAQP program and thus a 110(l) analysis
is not required before EPA can approve this provision.
Comment No. 3--The commenter states that the SIP revisions do not
set
[[Page 40240]]
forth legally enforceable procedures that enable the State to determine
how construction or modification of a stationary source impacts the
ambient air quality standards and how these impacts will be assessed,
in particular the ozone and PM2.5 NAAQS, as required by 40
CFR 160(a)(2). The commenter further alleges that the SIP, in general,
is not consistent with the procedures set forth in 40 CFR 160.
EPA Response--EPA disagrees with this comment. The revisions being
approved in this action provide legally enforceable procedures for
Montana's minor NSR to determine whether the construction of a new or
modified source will result in interference with the NAAQS. ARM
17.8.743 requires sources to obtain a Montana air quality permit or a
completeness determination before construction of a source may begin.
ARM 17.8.743(3) states ``* * * the department may issue a letter
instructing the owner or operator to immediately cease such activities
pending a final determination on an application if it finds that the
proposed project would result in a violation of the State
Implementation Plan or would interfere with the attainment or
maintenance of any federal or state ambient air quality standard.''
This satisfies the requirement of 40 CFR 51.160(a)(2) because it is a
legally enforceable procedure that enables the State to prevent
violations of the control strategy or interference with the NAAQS.
SIP revisions being approved in this action are not intended to
determine the ability of the SIP as a whole to implement, maintain, and
enforce each NAAQS promulgated by the EPA. For example, Montana
submitted a SIP revision to demonstrate that the State meets the
requirements of Section 110(a)(1) and (2) of the Clean Air Act for
ozone and PM2.5. This revision addresses basic SIP
requirements, including emission inventories, monitoring, enforcement
of emission limits and control measures, and modeling to assure
attainment and maintenance of the standards. The evaluation of these
``infrastructure'' SIPs, as well as currently approved section 110
SIPs, need to be considered in determining whether the SIP as a whole
provides appropriate legally enforceable procedures to ensure
attainment and maintenance of the NAAQS.
III. Final Action
EPA is partially approving and partially disapproving SIP revisions
submitted by the State of Montana on August 26, 1999, May 28, 2003,
March 9, 2004, October 25, 2005, and October 16, 2006. First, in this
action EPA is approving the removal of the following provisions from
the federally-approved SIP: ARM 17.8.701, 17.8.702, 17.8.704, 17.8.705,
17.8.706, 17.8.707, 17.8.710, 17.8.715, 17.8.716, 17.8.717, 17.8.720,
17.8.730, 17.8.731, 17.8.732, 17.8.733, and 17.8.734.
Second, EPA is approving the following new Subchapter 7 provisions
into the federally-approved SIP: ARM 17.8.740 (except 17.8.740(10) and
(14) and the following phrases in 17.8.740(8)(a) and (c), respectively,
(1) ``except when a permit is not required under ARM 17.8.745'' and (2)
``except as provided in ARM 17.8.745'' and the phrase ``reasonable
period of time for startup and shutdown'' in ARM 17.8.740(2)),
submitted on May 28, 2003; 17.8.743 (except the phrases ``asphalt
concrete plants, mineral crushers'' in 17.8.743(1)(b) ``and 17.8.745''
in 17.8.743(1), and 17.8.743(1)(c)), submitted on May 28, 2003;
17.8.744 and 17.8.748, submitted on May 28, 2003; 17.8.749(1), (3),
(4), (5), (6), and (8), submitted on May 28, 2003; 17.8.749(7),
submitted on March 9, 2004; 17.8.752, 17.8.755, and 17.8.756, submitted
on May 28, 2003; 17.8.759(1) through (3), submitted on May 28, 2003;
17.8.759(4) through (6), submitted on October 16, 2006; 17.8.760 and
17.8.762, submitted on May 28, 2003; 17.8.763(1) and (4), submitted on
May 28, 2003; 17.8.763(2) and (3), submitted on March 9, 2004;
17.8.764(1) (except the phrase ``the emission increase meets the
criteria in ARM 17.8.745 for a de minimis change not requiring a
permit'' in 17.8.764(1)(b)) and (4), submitted on May 28, 2003;
17.8.764(2) and (3), submitted on March 9, 2004; 17.8.765, submitted on
May 28, 2003; 17.8.767(1)(a) through (c), submitted on May 28, 2003;
and 17.8.767(1)(d) through (g), (2), (3), and (4), submitted on October
25, 2005.
Third, EPA is disapproving the following new Subchapter 7
provisions: ARM 17.8.749(2), ARM 17.8.740(10), 17.8.740(14); and
portions of 17.8.740(2).
Fourth, EPA is approving revisions to the following sections of
other subchapters submitted on May 28, 2003: ARM 17.8.101(4);
17.8.110(7), (8), and (9); 17.8.818(1); 17.8.825(3); 17.8.826(1) and
(2); 17.8.904(1) and (2); 17.8.905(1) and (4); 17.8.906; 17.8.1004;
17.8.1005(1), (2), and (5); 17.8.1106; and 17.8.1109.
Additionally, EPA is not acting, at the request of the State, on
the following provisions in Subchapter 7: ARM 17.8.743(1)(c) and ARM
17.8.770, the phrase ``asphalt concrete plants, mineral crushers'' in
ARM 17.8.743(1)(b) and ARM 17.8.745 submitted on May 28, 2003.
Note that, with respect to Montana's rules relating to new source
review, EPA has determined that Montana's rules meet the requirements
of 40 CFR part 51, subpart I, as currently in effect. And while EPA is
approving the state's permit to construct rules, EPA recognizes that it
has a responsibility to insure that all states properly implement their
preconstruction permitting programs. Therefore, EPA's approval of
Montana's rules in no way divests EPA of our continued oversight (as
set forth in CAA sections 113, 167, and 505(b)) to insure that
Montana's permits are consistent with the CAA, EPA regulations, and the
SIP.
Consistent with EPA's proposal, this SIP approval does not extend
to Indian country in Montana. See 75 FR 9843.
Finally, EPA is not acting on the following provisions of other
subchapters because they were either disapproved in a previous action
or they relate to a rule EPA is not taking action on: the following
phrases in 17.8.740(8)(a) and (c), respectively, (1) ``except when a
permit is not required under ARM 17.8.745'' and (2) ``except as
provided in ARM 17.8.745,'' submitted on May 28, 2003; ARM
17.8.309(5)(b), 17.8.310(3)(e), 17.8.316(6), and 17.8.901(14)(e)(iii),
submitted on May 28, 2003; the phrase ``and 17.8.745'' in ARM
17.8.743(1), submitted on May 28, 2003; ARM 17.8.749(2) submitted on
May 28, 2003; the phrase ``the emission increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit,'' in ARM
17.8.764(1)(b), submitted on May 28, 2003; and ARM 17.8.743(1),
17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606,
submitted on October 16, 2006.
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed 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
[[Page 40241]]
Executive Order 12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; 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, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.
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 September 6, 2011. 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,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 24, 2010.
James B. Martin,
Regional Administrator, Region 8.
PART 52--[AMENDED]
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 adding paragraphs (c)(49)(i)(F),
(c)(55)(i)(B), and (c)(70) to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(49) * * *
(i) * * *
(F) Previously approved in paragraph (c)(49)(i)(A) under Subchapter
7: Permit, Construction, and Operation of Air Contaminant Sources.
These sections are now deleted without replacement: ARM 17.8.701,
Definitions; ARM 17.8.702, Incorporation by Reference (excluding
17.8.702(1)(f)); ARM 17.8.704, General Procedures for Air Quality
Preconstruction Permitting; 17.8.705, When Permit Required-Exclusions;
17.8.706, New or Altered Sources and Stacks-Permit Application
Requirements; 17.8.707 Waivers; 17.8.710, Conditions for Issuance of
Permit; 17.8.715, Emission Control Requirements; 17.8.716, Inspection
of Permit; 17.8.717, Compliance with Other Statutes and Rules;
17.8.720, Public Review of Permit Applications; 17.8.730, Denial of
Permit; 17.8.731, Duration of Permit; 17.8.732, Revocation of Permit;
17.8.733, Modification of Permit; 17.8.734, Transfer of Permit, as
adopted by Montana on 12/9/1996 and effective 12/27/2002.
* * * * *
(55) * * *
(i) * * *
(B) Previously approved in paragraph (c)(55)(i)(A) under Subchapter
7: Permit Construction and Operation of Air Contaminant Sources. This
section is now deleted without replacement: ARM 17.8.702(1)(g),
Incorporation by Reference, as adopted by Montana on 7/20/2001 and
effective 12/27/2002.
* * * * *
(70) On May 28, 2003, March 9, 2004, October 25, 2005 and October
16, 2006, the State of Montana submitted revisions to its State
Implementation Plan (SIP) that contained new, revised, amended and
repealed rules pertaining to the issuance of Montana air quality
permits in addition to minor administrative changes to other
subchapters of the Administrative Rules of Montana (ARM).
(i) Incorporation by reference.
(A) Letter from David L. Klemp, Montana State Air Director, to
Deborah Lebow Aal, Acting Air Program Director, dated April 29, 2011.
For certain sections, the following incorporates by reference official
State of Montana publications of the Administrative Rules of Montana
that are dated after the effective date shown in the incorporation by
reference for each section. In these instances, the official
publication provides a history for the section showing the last
effective date of a change. For each of these sections, the last
effective date of a change matches the effective date of the section,
showing that the official publication reflects the text of the section
as of the effective date shown in the following incorporation by
reference. The sections, their effective dates, and the date of the
publication are as follows: ARM 17.8.825, effective 12/27/2002,
publication 9/30/2006; ARM 17.8.826, effective 12/27/2002, publication
9/30/2006; ARM 17.8.906, effective 12/27/2002, publication 6/30/2003;
ARM 17.8.740, effective 12/27/2002, publication 9/30/2006; ARM
17.8.744, effective 12/27/2002, publication 12/31/2005; ARM 17.8.752,
effective 12/27/2002, publication 6/30/2006; ARM 17.8.755, effective
12/27/2002, publication 6/30/2006; ARM 17.8.756, effective 12/27/2002,
publication 6/30/2006; ARM 17.8.767, effective 12/27/2002, publication
3/31/
[[Page 40242]]
2004; ARM 17.8.749, effective 10/17/2003, publication 6/30/2006; ARM
17.8.759, effective 10/17/2003, publication 12/31/2003; ARM 17.8.763,
effective 10/17/2003, publication 6/30/2006; ARM 17.8.764, effective
10/17/2003, publication 6/30/2006; ARM 17.8.602, effective 6/17/2005,
publication 3/31/2007; ARM 17.8.767, effective 6/17/2005, publication
6/30/2006; ARM 17.8.802, effective 6/17/2005, publication 12/31/2005;
ARM 17.8.1102, effective 6/17/2005, publication 3/31/2007; ARM
17.8.759, effective 12/23/2005, publication 9/30/2006.
(B) ARM submission dated May 28, 2003.
(1) The following provisions of the ARM are amended effective 12/
27/2002: 17.8.101, Definitions, (4) ``Air quality preconstruction
permit,''; 17.8.110, Malfunctions, (7), (8), and (9); 17.8.818, Review
of Major Stationary Sources and Major Modifications--Source
Applicability and Exemptions, (1); 17.8.825, Sources Impacting Federal
Class I Areas--Additional Requirements, (3); 17.8.826, Public
Participation; 17.8.904, When Montana Air Quality Permit Required;
17.8.905, Additional Conditions of Montana Air Quality Permit, (1) and
(4); 17.8.906, Baseline for Determining Credit for Emissions and Air
Quality Offsets; 17.8.1004, When Montana Air Quality Permit Required;
17.8.1005, Additional Conditions of Montana Air Quality Permit, (1),
(2) and (5); 17.8.1106, Visibility Impact Analysis; 17.8.1109, Adverse
Impact and Federal Land Manager.
(2) The following new provisions of the ARM are effective 12/27/
2002: 17.8.740, Definitions, (except for the phrase in 17.8.740(2)
``includes a reasonable period of time for startup and shakedown and'';
the phrase in 17.8.740(8)(a) ``, except when a permit is not required
under ARM 17.8.745''; the phrase in 17.8.740(8)(c) ``, except as
provided in ARM 17.8.745''; 17.8.740(10) ``Negligible risk to the
public health, safety, and welfare and to the environment''; and
17.8.740(14) ``Routine Maintenance, repair, or replacement'');
17.8.743, Montana Air Quality Permits--When Required, (except the
phrase in 17.8.743(1) ``and 17.8.745,'', the phrase in 17.8.743(1)(b)
``asphalt concrete plants, mineral crushers, and'', and
17.8.743(1)(c)); 17.8.744, Montana Air Quality Permits--General
Exclusions; 17.8.748, New or Modified Emitting Units--Permit
Application Requirements; 17.8.749, Conditions For Issuance or Denial
of Permit, (1), (3), (4), (5), (6), and (8); 17.8.752, Emission Control
Requirements; 17.8.755, Inspection of Permit; 17.8.756, Compliance with
Other Requirements; 17.8.759, Review of Permit Applications, (1)
through (3); 17.8.760, Additional Review of Permit Applications;
17.8.762, Duration of Permit; 17.8.763, Revocation of Permit, (1) and
(4); 17.8.764, Administrative Amendment to Permit, (1) (except for the
phrase in 17.8.764(1)(b) ``unless the increase meets the criteria in
ARM 17.8.745 for a de minimis change not requiring a permit, or''), (2)
and (3); 17.8.765, Transfer of Permit; 17.8.767, Incorporation by
Reference, (1)(a) through (c).
(C) ARM submission dated March 09, 2004.
(1) The following provisions of the ARM are amended effective 10/
17/2003: 17.8.749, Conditions For Issuance or Denial of Permit, (7);
17.8.759, Review of Permit Applications; 17.8.763, Revocation of
Permit, (2) and (3); 17.8.764, Administrative Amendment to Permit, (2)
and (3).
(D) ARM submission dated October 25, 2005.
(1) The following provisions of the ARM are amended effective 6/17/
2005: 17.8.102, Incorporation by Reference--Publication Dates;
17.8.103, Incorporation by Reference and Availability of Referenced
Documents; 17.8.302, Incorporation by Reference; 17.8.602,
Incorporation by Reference; 17.8.767, Incorporation by Reference,
(1)(d) through (g), (2), (3), and (4); 17.8.802, Incorporation by
Reference; 17.8.902, Incorporation by Reference; 17.8.1002,
Incorporation by Reference; 17.8.1102, Incorporation by Reference.
(E) ARM submission dated October 16, 2006.
(1) The following provisions of the ARM are amended effective 12/
23/2005: 17.8.759, Review of Permit Applications, (4) through (6).
* * * * *
Editorial Note: This document was received in the Office of the
Federal Register on June 30, 2011.
[FR Doc. 2011-16935 Filed 7-7-11; 8:45 am]
BILLING CODE 6560-50-P