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[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Rules and Regulations]
[Pages 40237-40242]
From the Federal Register Online via the Government Printing 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 The revisions contain new, amended, and repealed 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 leone.kevin@epa.gov.

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
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