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ENVIRONMENTAL PROTECTION AGENCY
 

40 CFR Part 52
 

EPA-R08-0AR-2008-0307; FRL-


Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to 

the Administrative Rules of Montana; Direct Final Rule 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct Final rule. 

SUMMARY: EPA is taking direct final action approving State Implementation Plan (SIP) 

revisions submitted by the State of Montana on November 1,2006 and November 20,2007. The 

revisions are to the Administrative Rules of Montana; they include minor editorial and 

grammatical changes, updates to the citations and references to federal and state laws and 

regulations, other minor changes to conform to federal regulations, and updates to links to 

sources of information. This action is being taken under section 110 of the Clean Air Act. 

DATES: This rule is effective on [Insert date 60 days after publication in the Federal Register] 

without further notice, unless EPA receives adverse comment by [Insert date 30 days after 

publication in the Federal Register]. If adverse comment is received, EPA will publish a timely 

withdrawal of the direct final rule in the Federal Register informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-0AR-2008­

0307, by one of the following methods: 

•	 http://www.regulations.gov. Follow the on-line instructions for submitting 

comments. 
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•	 E-mail: dolan.kathy@epa.gov 

•	 Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER 

INFORMATION CONTACT if you are faxing comments). 

•	 Mail: Director, Air Program, Environmental Protection Agency (EPA), Region 8, 

Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 

•	 Hand Delivery: Director, Air Program, Environmental Protection Agency (EPA), 

Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202­

1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 

4:30 ·p.m., excluding Federal holidays. Special arrangements should be made for 

deliveries of boxed infonnation. 

Instructions: Direct your comments to Docket ID No. EPA-R08-0AR-2008-0307. 

EPA's policy is that all comments received will be included in the public docket without change 

and may be made available online at http://www.regulations.gov, including any personal 

infonnation provided, unless the comment includes infonnation claimed to be Confidential 

Business Information (CBI) or other information whose disclosure is restricted by statute. Do 

not submit information that you consider to be CBI or otherwise protected through 

http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an 

"anonymous access" system, which means EPA will not know your identity or contact 

infonnation unless you provide it in the body of your comment. If you send an e-mail comment 

directly to EPA without going through http://www.regulations. gov, your e-mail address will be 

automatically captured and included as part of the comment that is placed in the public docket 

and made available on the Internet. If you submit an electronic comment, EPA recommends that 
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you include your name and other contact information in the body of your comment (and with any 

disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and 

cannot contact you for clarification, EPA may not be able to consider your comment. Electronic 

files should avoid the use of special characters, any form of encryption, and be free of any defects 

or viruses. For additional instructions on submitting comments, go to Section 1. General 

Information of the SUPPLEMENTARY INFORMATION section of this document. 

Docket: All documents in the docket are listed in the http://www.regulations.gov index. 

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, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Kathy Dolan, Air Program, U.S. 

Environmental Protection Agency (EPA), Region 8, Mai1code 8P-AR, 1595 Wynkoop Street, 

Denver, Colorado 80202-1129. 303-312-6142, dolan.kathy@epa.gov 

SUPPLEMENTARY INFORMATION: 

Table of Contents 
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I. General Information 

II. Summary of SIP Revisions 

III. EPA's review of the State of Montana's November 1,2006 and November 20,2007 

submittals 

IV. Final Action 

V. Statutory and Executive Order Reviews 

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. 

I. General Information 

A. What Should I Consider as I Prepare My Comments for EPA? 

1. Submitting eEL Do not submit this information to EPA through http://regulations.gov 

or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI 

information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD 

ROM as CBI and then identify electronically within the disk or CD ROM the specific 

information that is claimed as CBI. In addition to one complete version of the comment that 
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includes information claimed as CBI, a copy of the comment that does not contain the 

information claimed as CBI must be submitted for inclusion in the public docket. Information so 

marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 

2. Tips for Preparing Your Comments. When submitting comments, remember to: 

a.	 Identify the rulemaking by docket number and other identifying information 

(subject heading, Federal Register date and page number). 

b.	 Follow directions - The agency may ask you to respond to specific questions or 

organize comments by referencing a Code of Federal Regulations (CFR) part or 

section number. 

c.	 Explain why you agree or disagree; suggest alternatives and substitute language 

for your requested changes. 

d.	 Describe any assumptions and provide any technical information and/or data that 

you used. 

e.	 If you estimate potential costs or burdens, explain how you arrived at your 

estimate in sufficient detail to allow for it to be reproduced. 

f.	 Provide specific examples to illustrate your concerns, and suggest alternatives.. 

g.	 Explain your views as clearly as possible, avoiding the use of profanity or 

personal threats. 

h.	 Make sure to submit your comments by the comment period deadline identified. 

II. Summary of SIP Revisions 

A. On November 1,2006 the State of Montana submitted formal revisions to its State 

Implementation Plan (SIP) (hereafter, the "2006 SIP revisions"). The 2006 SIP revisions contain 
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amendments to the following sections ofthe Admini~trative Rules of Montana (ARM): 

17.8.101,17.8.102,17.8.103,17.8.302,17.8.744, 17.8.767,17.8.801,17.8.802,17.8.818, 

17.8.902,17.8.1002,17.8.1701,17.8.1702, 17.8.1703, 17.8.1704, 17.8.1705, 17.8.1710, 

17.8.1711,17.8.1712, and 17.8.1713. 

B. On November 20, 2007 the State of Montana submitted formal revisions to its State
 

Implementation Plan (SIP) (hereafter, the "2007 SIP revisions"). The 2007 SIP revisions contain
 

amendments to the following sections of the ARM: 17.8.102,17.8.103, 17.8.302(l)(d),
 

17.8.602, 17.8.767 with the exception of subsection (l)(c), 17.8.801, 17.8.802 with the exception
 

of subsection (l)(d), 17.8.818, 17.8.901, 17.8.902 with the exception of subsection (l )(a),
 

17.8.1002 with the exception of subsection (l )(a), 17.8.1007, 17.8:1 102, and 17.8.1402.
 

III. EPA's review of the State of Montana's November 1, 2006 and November 20,2007 

submittals 

A. 2006 SIP Revisions. 

A number of the 2006 SIP revisions are strictly administrative; they make minor editorial 

and grammatical changes, update the citations and references to federal and state laws and 

regulations, and update links to sources of information. The following are the 2006 rule 

revisions that fall in this category: ARM sections 17.8.1 01, 17.8.1 02, and 17.8.103. All of the 

revisions are approvable. However, the 2007 revisions supersede the 2006 revisions to ARM 

sections 17.8.102 and 17.8.103. Therefore, in this action we are approving ARM section 

17.8.101 from the 2006 SIP revisions, but not 17.8.102 and 103. We discuss ARM sections 

17.8.102 and 103 further in the section below that addresses the 2007 SIP revisions. 

The 2006 SIP revisions include changes to ARM sections 17.8.801 and 17.8.818. These 
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changes are approvable. The revision to 17.8.801 adds the pollutant Hydrogen Sulfide (H2S), at 

10 tons per year (tpy), to the table "Pollutant and Emissions Rate" within the definition of 

"Significant" at ARM 17.8.801(27). This provision defines pollutant significance levels within 

Montana's prevention of significant deterioration (PSD) regulations, and the addition ofH2S at 

10 tpy is consistent with EPA's PSD regulations. See 40 CFR 51.166(b)(23). The revision to 

17.8.818 adds "hydrogen sulfide (H2S) - 0.2 /lg/m3, one hour average" at 17.8.818(7)(a)(ix). 

This establishes an air quality impact level below which the State may exempt a proposed PSD 

major stationary source or major modification from certain monitoring requirements. This too is 

consistent with EPA's PSD regulations. See 40 CFR 51.166(i)(5). The State made additional 

changes to ARM sections 17.8.801 and 17.8.818 as part ofthe 2007 SIP revisions. We discuss 

these changes below. 

The EPA is not taking action on the 2006 revisions to ARM sections 17.8.302, 17.8.767, 

17.8.802, 17.8.902, and 17.8.1002. These revisions reference EPA's Clean Air Mercury Rule 

(CAMR). Because the U.S. Court of Appeals for the D.C. Circuit vacated CAMR on February 8, 

2008 (see New Jersey v. EPA, 517 F.3d 574), EPA will not act on these revisions. 

We are not taking action on the revisions to ARM sections 17.8.1701, 17.8.1702, 

17.8.1703,17.8.1704,17.8.1705,17.8.1710, 17.8.1711, 17.8.1712, 17.8.1713, and 17.8.744, 

which establish a system of registration of oil and gas well facilities and provide for the 

exclusion of eligible facilities from Montana air quality permitting requirements. These revisions 

will be addressed in a future action. 

B. 2007 SIP Revisions. 

A number ofthe 2007 SIP revisions are strictly administrative; they make minor editorial 
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and grammatical changes, update the citations and references to federal and state laws and 

regulations, and update links to sources of information. The following are the 2007 rule 

revisions that fall in this category: ARM sections 17.8.102, 17.8.103, 17.8.302(l)(d), 17.8.602, 

17.8.801,17.8.818,17.8.901,17.8.1007, and 17.8.1102. All of the revisions are approvable. As 

noted above, the 2007 revisions to ARM sections 17.8.102 and 103 supersede the 2006 revisions 

to these rules. Therefore, EPA is approving the 2007 revisions. As indicated, both the 2006 and 

2007 revisions to ARM sections 17.8.801 and 17.8.818 are approvable. The 2006 revisions are 

substantive; the 2007 revisions are administrative. EPA is approving both revisions but is only 

incorporating by reference the later version of the rules, which reflect both the 2006 and 2007 

revisions. 

The EPA is not taking action on the 2007 revisions to ARM sections 17.8.767, 17.8.802, 

17.8.902, and 17.8.1002. These revisions reference EPA's Clean Air Mercury Rule (CAMR). 

Because the U.S. Court of Appeals for the D.C. Circuit vacated CAMR on February 8, 2008 (see 

New Jersey v. EPA, 517 F.3d 574), EPA will not act on these revisions. 

We are not taking action on the revision to ARM section 17.8.1402. The State has 

indicated that this revision may be repealed; therefore, action will not be taken at this time. 

IV. Final Action 

The EPA is approving revisions that the State submitted on November 1, 2006. The 

Montana Board of Environmental Review adopted these revisions on July 21, 2006 and they 

became effective on August 11, 2006. The EPA is approving the 2006 revisions to ARM 

sections 17.8.101, 17.8.801, and 17.8.818. The EPA is not taking action on the 2006 revisions to 

ARM sections 17.8.302,17.8.744,17.8.767,17.8.802, 17.8.902, 17.8.1002, 17.8.1701, 
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17.8.1702,17.8.1703,17.8.1704,17.8.1705, 17.8.1710, 17.8.1711, 17.8.1712, and 17.8.1713. 

The EPA is approving revisions that the State submitted on November 20,2007. The 

Montana Board of Environmental Review adopted these amendments on September 28, 2007 

and they became effective on October 26, 2007. The EPA is approving the 2007 revisions to 

ARM sections 17.8.102, 17.8.103, 17.8.302(l)(d), 17.8.602, 17.8.801, 17.8.818, 17.8.901, 

17.8.1007, and 17.8.1102. The EPA is not taking action on the 2007 revisions to ARM sections 

17.8.767,17.8.802,17.8.902,17.8.1002, and 17.8.1402. 

EPA is publishing this rule without prior proposal because the Agency views this as a 

noncontroversial amendment and anticipates no adverse comments; we are merely approving 

administrative and other minor changes to Montana's air rules. However, in the "Proposed 

Rules" section of today' s Federal Register publication, EPA is publishing a separate document 

that will serve as the proposal to approve the SIP revisions if adverse comments are filed. This 

rule will be .effective [Insert date 60 days after publication in the Federal Register] without 

further notice unless the Agency receives adverse comments by [Insert date 30 days after 

publication in the Federal Register.] If the EPA receives adverse comments, EPA will publish a 

timely withdrawal in the Federal Register informing the public that the rule will not take effect. 

EPA will address all public comments in a subsequent final rule based on the proposed rule. The 

EPA will not institute a second comment period on this action. Any parties interested in 

commenting must do so at this time. Please note that if EPA receives adverse comment on an 

amendment, paragraph, or section of this rule and if that provision may be severed from the 

remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject 

of an adverse comment. 
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v. Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a 

"significant regulatory action" and therefore is not subject to review by the Office of 

Management and Budget. For this reason, this action is also not subject to Executive Order 

13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, 

or Use" (66 FR 28355, May 22, 2001). This action merely approves State law as meeting Federal 

requirements and imposes no additional requirements beyond those imposed by State law. 

Accordingly, the Administrator certifies that this rule will not have a significant economic impact 

on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 

seq.). Because this rule approves pre-existing requirements under State law and does not impose 

any additional enforceable duty beyond that required by State law, it does not contain any 

unfunded mandate or significantly or uniquely affect small governments, as described in the 

Unfunded Mandates Reform Act of 1995 (Public Law 104-4). 

This rule also does not have tribal implications because it will not have a substantial 

direct effect on one or more Indian tribes, on the relationship between the Federal Government 

and Indian tribes, or on the distribution of power and responsibilities between the Federal 

Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 

9,2000). This action also does not have Federalism implications because it does 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 

action merely approves a State rule implementing a Federal standard, and does not alter the 
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relationship or the distribution of power and responsibilities established in the Clean Air Act. 

This rule also is not subject to Executive Order 13045 "Protection of Children from 

Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it 

approves a State rule implementing a Federal standard. 

In reviewing SIP submissions, EPA's role is to approve State choices, provided that they 

meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing 

requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to 

disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with 

applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP 

submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements 

of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.c. 

272 note) do not apply. This rule does not impose an information collection burden under the 

provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 U.S.C. section 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 rule 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. section 804(2). 
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Under section 307(b)(l) 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 [FEDERAL 

REGISTER OFFICE: insert date 60 days from date of publication of this document in the 

Federal Register]. Filing a petition for reconsideration by the Administrator of this [mal rule 

does not affect the finality ofthis action for the purposes ofjudicial 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. Parties with objections to this direct final rule are 

encouraged to file a comment in response to the parallel notice of proposed rulemaking for this 

action published in the proposed rules section oftoday's Federal Register, rather than file an 

immediate petition for judicial review of this direct final rule, so that EPA can withdraw this 

direct final rule and address the comment in the proposed rulemaking. This action may not be 

challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 
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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: drew M. Gaydosh 

Acting Regional Administrator 

Region 8 
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40 CFR part 52 is amended to read as follows: 

PART 52 [AMENDED] 

1. The authority citation for Part 52 continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart BB - Montana 

2. Section 52.1370 is amended by adding paragraph (c)(68) to read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(68) Revisions to the State Implementation plan which were submitted by the State of Montana 

on November 1, 2006 and November 20, 2007. The revisions are to the Administrative Rules of 

Montana; they make minor editorial and grammatical changes, update the citations and 

references to federal and state laws and regulations, make other minor changes to conform to 

federal regulations, and update links to sources of information. 

(i) Incorporation by reference. 

(A) Administrative Rules of Montana (ARM) section 17.8.101, Definitions; effective 

August 11,2006. 

(B) Administrative Rules of Montana (ARM) sections: 17.8.102, Incorporation by 

Reference - Publication Dates: 17.8.103, Incorporation by Reference and Availability of 

Referenced Documents: 17.8.302(1)(d), Incorporation by Reference: 17.8.602, Incorporation by 

Reference: 17.8.801, Definitions: 17.8.818, Review of Major Stationary Sources and Major 

Modifications - Source Applicability and Exemptions: 17.8.901, Definitions: 17.8.1007, 
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Baseline for Determining Credit for Emissions and Air Quality Offsets: and, 17.8.1102, 

Incorporation by Reference; all effective October 26, 2007.