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### ENVIRONMENTAL PROTECTIONAGENCY 40 CFRPart52 EPA-R08-0AR-2008-0307; FRL- Approval and Promulgation ofAir Quality Implementation Plans; Montana; Revisions to the Administrative Rules ofMontana; Direct Final Rule AGENCY: Environmental Protection Agency (EPA). 

### ACTION: DirectFinal rule. 

### SUMMARY: EPA is taking direct final action approving State Implementation Plan (SIP) revisions submitted by the State ofMontana on November 1,2006 and November20,2007. The revisions are to the Administrative Rules ofMontana; they include minoreditorial and grammatical changes, updates to the citations and references to federal and state laws and regulations, otherminor changes to conform to federal regulations, and updates to links to

sources ofinformation. This action is being taken under section 110 ofthe 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]. Ifadverse comment is received, EPA will publish atimely withdrawal ofthe direct final rule in the 

### FederalRegisterinforming the public that the rule will not take effect. 

### ADDRESSES: Submityour comments, identified by Docket ID No. EPA-R08-0AR-2008­ 0307, by one ofthe following methods:

• http://www.regulations.gov. Followthe on-line instructions for submitting comments.2 • E-mail: dolan.kathy@epa.gov

• Fax: (303) 312-6064 (please alert the individual listed in the FOR FURTHER INFORMATION CONTACT ifyou 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 ofboxed infonnation. Instructions: Directyour 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 infonnationprovided, 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.govWeb site is an "anonymous access" system, which means EPA will not knowyour identity or contact infonnation unless you provide itin the body ofyour comment. Ifyou send an e-mail comment directly to EPA without goingthroughhttp://www.regulations.gov, your e-mail address will be automatically captured and included as part ofthe comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that

### 3 you include your name and other contact information in the body ofyour comment(and with any disk or CD-ROM you submit. IfEPA 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 ofspecial characters, any form ofencryption, and be free ofany defects

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

### 1. General Information ofthe SUPPLEMENTARY INFORMATION section ofthis document. 

### Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in theindex, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain othermaterial, 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 ifat all possible, you contactthe individual listed in the FOR FURTHER INFORMATION CONTACT section to viewthe hard copy ofthe docket. You may viewthe hard copy ofthe docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays. FOR FURTHERINFORMATION 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

SUPPLEMENTARYINFORMATION: Table ofContents

### 4 I. General Information II. Summary ofSIP Revisions III. EPA'sreview ofthe State ofMontana'sNovember 1,2006 and November 20,2007 submittals IV. Final Action V. Statutory and Executive Order Reviews Definitions Forthe purpose ofthis document, we are giving meaning to certain words or initials as follows: (i) The words or initials Act or CAA mean orrefer 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 orMontanamean the State ofMontana, 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 submitthis information to EPA through http://regulations.gov

or e-mail. Clearly mark the part or all ofthe informationthat you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside ofthe 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 ofthe comment that

### 5 includes information claimed as CBI, a copy ofthe comment that does not containthe information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance withprocedures set forth in 40 CFRpart 2. 2. Tipsfor Preparing Your Comments. When submitting comments, rememberto:

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 ofFederal 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 datathat you used.

e. Ifyou 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 ofprofanity or personal threats. h. Make sure to submit your comments by the comment period deadline identified. II. Summary ofSIP Revisions A. OnNovember 1,2006the State ofMontana submitted formal revisions to its State Implementation Plan (SIP) (hereafter, the "2006 SIP revisions"). The 2006 SIP revisions contain6 amendments to the following sections ofthe

### Admini~trative Rules ofMontana (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 ofMontana submitted formal revisions to its State Implementation Plan (SIP) (hereafter, the "2007 SIP revisions"). The 2007 SIP revisions contain amendments to the following sections ofthe ARM: 17.8.102,17.8.103, 17.8.302(l)(d), 17.8.602, 17.8.767 with the exception ofsubsection (l)(c), 17.8.801, 17.8.802 with the exception ofsubsection (l)(d), 17.8.818, 17.8.901, 17.8.902 with the exception ofsubsection (l)(a), 17.8.1002 with the exception ofsubsection (l)(a), 17.8.1007, 17.8:1 102, and 17.8.1402. III. EPA's review ofthe State ofMontana's November 1, 2006 and November20,2007 submittals A. 2006 SIP Revisions. A number ofthe 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 ofinformation. The following are the 2006 rule revisions that fall in this category: ARM sections 17.8.101, 17.8.102, and 17.8.103. All ofthe 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 changesto ARM sections 17.8.801 and 17.8.818. These7 changes are approvable. Therevisionto 17.8.801 adds the pollutant Hydrogen Sulfide (H2S), at 10 tons peryear (tpy), to the table "Pollutant and Emissions Rate" withinthe definition of "Significant" at ARM 17.8.801(27). This provision defines pollutant significance levels within Montana's prevention ofsignificantdeterioration (PSD) regulations, and the addition ofH2 S at 10 tpy is consistentwith EPA's PSD regulations. 

### See 40 CFR 51.166(b)(23). The revisionto 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 belowwhich the State may exempt a proposed PSD major stationary source or majormodification from certain monitoring requirements. This too is consistentwith 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 nottaking 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). Becausethe U.S. Court ofAppeals for the D.C. Circuit vacated CAMR onFebruary 8, 2008 (see NewJersey v. EPA, 517 F.3d 574), EPA will not actonthese revisions. We are not taking action onthe revisionsto 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 ofregistration ofoil and gas well facilities andprovide for the exclusion ofeligible 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 makeminor editorial8 and grammatical changes, update the citations and references to federal and state laws and regulations, and update links to sources ofinformation. 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 ofthe 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, boththe 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 byreference the later version ofthe rules, which reflectboththe 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 ofAppeals for the D.C. Circuit vacated CAMRon February 8, 2008 (see NewJersey v. EPA, 517 F.3d 574), EPA

# will not act on these revisions. We are not taking action onthe revision to ARM section 17.8.1402. The State has indicated thatthis revision may be repealed; therefore, action will not be taken atthis time. IV. Final Action The EPA is approving revisions that the State submitted onNovember 1, 2006. The MontanaBoard ofEnvironmental Review adopted these revisions on July 21, 2006 and they became effective on August 11, 2006. The EPA is approvingthe 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, 17.8.1701,9 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 onNovember 20,2007. The MontanaBoard ofEnvironmental 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 nottaking 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 priorproposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments; we are merely approving administrative and otherminor changes to Montana's airrules. However, in the "Proposed Rules" section oftoday's Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revisions ifadverse comments are filed. This rule will be .effective [Insert date 60 days afterpublication in the Federal Register] without further notice unless the Agency receives adverse comments by [Insert date 30 days after publication in the Federal Register.] Ifthe EPAreceives adverse comments, EPAwill publish a timely withdrawal inthe Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based onthe proposedrule. The EPA will not institute a second commentperiod on this action. Any parties interested in commenting must do so at this time. Please note that ifEPA receives adverse comment on an amendment, paragraph, or section ofthis rule and ifthat provision may be severed from the remainder ofthe rule, EPAmay adopt as final those provisions ofthe rule that are notthe subject ofan adverse comment.10 

## v. Statutory and Executive OrderReviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a "significant regulatory action" and therefore is not subject to reviewby the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, "Actions Concerning RegulationsThat Significantly Affect EnergySupply, 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 Administratorcertifies thatthis rule will not have a significant economic impact

on a substantial number ofsmall entities under theRegulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing requirements under State lawand does not impose any additional enforceable duty beyondthatrequired by State law, itdoes 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 tribalimplications because it will not have a substantial direct effect on one or more Indiantribes, on the relationship between the Federal Government and Indian tribes, or on the distribution ofpower 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 implicationsbecause it does not have substantial direct effects onthe States, on the relationship between the national government and the States, or on the distribution ofpower and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR43255, August 10, 1999). This action merely approves a State rule implementing a Federal standard, and does not alter the11 relationship or the distribution ofpower and responsibilities established in the Clean Air Act. This rule also is not subjectto Executive Order 13045 "Protection ofChildren 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'srole is to approve State choices, provided that they meet the criteria ofthe Clean Air Act. In this context, inthe absence ofa 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. Itwould thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place ofa SIP submission that otherwise satisfies the provisions ofthe Clean Air Act. Thus, the requirements ofsection 12(d) ofthe 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 ofthe Paperwork Reduction Act of 1995 (44U.S.C. 3501 etseq.). The Congressional Review Act, 5 U.S.C. section 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before arule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containingthis rule and otherrequired information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe 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 "majorrule" as defined by 5 U.S.C. section 804(2).12 Under section 307(b)(l) ofthe Clean AirAct, petitions forjudicial review ofthis action must be filed in the United States CourtofAppeals for the appropriate circuitby [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing a petition for reconsideration by the Administratorofthis [mal rule does not affect the finality ofthis action for the purposes of judicialreview nordoes it extend the time within which a petition forjudicialreview may be filed, and shall not postpone the effectiveness ofsuch rule or action. Parties with objections to this direct final rule are encouraged to file a comment inresponse to the parallel notice ofproposedrulemaking for this action published inthe proposedrules section oftoday'sFederal Register, ratherthan file an immediate petition forjudicial review ofthis direct final rule, so that EPA can withdraw this direct final rule and address the commentinthe proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)13 List ofSubjects in 40 CFRPart 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting andrecordkeeping requirements, Sulfuroxides, Volatile organic compounds.

Dated: drewM. Gaydosh Acting Regional Administrator Region 814 40 CFRpart 52 is amendedto read as follows: PART 52 [AMENDED] 1. The authority citationfor Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. SubpartBB

- Montana 2. Section 52.1370 is amendedby adding paragraph(c)(68) to read as follows: § 52.1370 Identification ofplan.



## * * * 

## * * (c) 

## * * * (68) Revisions to the State Implementationplanwhichwere submittedbythe State ofMontana

onNovember 1, 2006 andNovember 20, 2007. The revisions are to the Administrative Rules of Montana; they makeminoreditorial and grammatical changes, update the citations and references to federal and state laws and regulations, make otherminorchangesto conformto federal regulations, and update links to sources ofinformation. (i) Incorporationbyreference. (A) Administrative Rules ofMontana (ARM) section 17.8.101, Definitions; effective August 11,2006. (B) Administrative Rules ofMontana (ARM) sections: 17.8.102, Incorporationby Reference

- PublicationDates: 17.8.103, Incorporationby Reference and Availability of Referenced Documents: 17.8.302(1)(d), Incorporationby Reference: 17.8.602, Incorporationby Reference: 17.8.801, Definitions: 17.8.818, Review ofMajor Stationary Sources and Major Modifications

- Source Applicability andExemptions: 17.8.901, Definitions: 17.8.1007,15 Baseline for Determining Credit for Emissions and Air Quality Offsets: and, 17.8.1102, Incorporationby Reference; all effective October 26, 2007.