4698 Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations 

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[FR Doc. 2010–1804 Filed 1–28–10; 8:45 am] 

BILLING CODE 7710–FW–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2009–0198; FRL–9102–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana 

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 January 16, 2009 

and May 4, 2009. The revisions are to 

the Administrative Rules of Montana. 

Revisions include minor editorial and 

grammatical changes, updates to the 

citations and references to federal laws 

and regulations, and a clarification of 

agricultural activities exempt from 

control of emissions of airborne 

particulate matter. This action is being 

taken under section 110 of the Clean Air 

Act. 

DATES: This rule is effective on March 

30, 2010 without further notice, unless 

EPA receives adverse comment by 

March 1, 2010. 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– 

OAR–2009–0198, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the online instructions for submitting 

comments. 

• 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 a.m. to 4:30 p.m., excluding 

Federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2009– 

0198. 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 information provided, unless 

the comment includes information 

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 information 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 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 I. 

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 


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Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations 4699 

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: 

Kathy Dolan, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 303–312–6142, 

dolan.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

II. Summary of SIP Revisions 

III. EPA’s Review of the State of Montana’s 

January 16, 2009 and May 4, 2009 

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 CBI. 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 

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: 

Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

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. 

Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

Provide specific examples to illustrate 

your concerns, and suggest alternatives. 

Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

Make sure to submit your comments 

by the comment period deadline 

identified. 

II. Summary of SIP Revisions 

A. On January 16, 2009 the State of 

Montana submitted formal revisions to 

its State Implementation Plan (SIP) 

(hereafter, the ‘‘2008 SIP revisions’’). The 

2008 SIP revisions contain amendments 

to the following sections of the 

Administrative Rules of Montana 

(ARM): 17.8.102, 17.8.301, 17.8.901, and 

17.8.1007. 

B. On May 4, 2009 the State of 

Montana submitted formal revisions to 

its State Implementation Plan (SIP) 

(hereafter, the ‘‘2009 SIP revisions’’). The 

2009 SIP revisions contain amendments 

to the following sections of the ARM: 

17.8.308 and 17.8.744. 

III. EPA’s Review of the State of 

Montana’s January 16, 2009 and May 4, 

2009 Submittals 

A. 2008 SIP Revisions 

The 2008 SIP revisions are strictly 

administrative; they make minor 

editorial and grammatical changes, and 

update the citations and references to 

Federal laws and regulations. All of the 

revisions are approvable. Therefore, in 

this action we are approving ARM 

sections 17.8.102, 17.8.301, 17.8.901, 

and 17.8.1007. 

B. 2009 SIP Revisions 

Revision to ARM section 17.8.308 

clarifies the agricultural sources of 

airborne particulate matter which are 

exempt from control measure 

provisions. The purpose of the revision 

is to align the ARM with language of the 

legislation upon which the regulation is 

based. The ARM as revised meets the 

requirement of the CAA section 110(l) 

and does not interfere with any 

applicable requirements concerning 

attainment. The revision adds definition 

to and as a result reduces the number of 

sources of airborne particulate matter 

which are exempt from emissions 

controls under provisions of the ARM. 

This provision is approvable. 

The revision to ARM section 17.8.744 

references the State’s air quality 

permitting program. The State has 

several provisions pending relative to 

the State’s air quality permitting 

program and these will be processed as 

one action at a later date. 

IV. Final Action 

The EPA is approving the 2008 

revisions to ARM sections 17.8.102, 

17.8.301, 17.8.901, and 17.8.1007 that 

the State submitted on January 16, 2009. 

The Montana Board of Environmental 

Review adopted these revisions on 

October 3, 2008 and they became 

effective on October 24, 2008. 

The EPA is approving the 2009 

revision to ARM section 17.8.308. The 

EPA is not taking action on the 2009 

revision to ARM sections 17.8.744 and 

will take action at a later date. The 

Montana Board of Environmental 

Review adopted these revisions on 

January 23, 2009 and they became 

effective on February 13, 2009. 

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 March 

30, 2010 without further notice unless 

the Agency receives adverse comments 

by March 1, 2010. 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 


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4700 Federal Register / Vol. 75, No. 19 / Friday, January 29, 2010 / Rules and Regulations 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

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 

(Pub. L. 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 

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. 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. 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 March 30, 2010. 

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. 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 

of today’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).) 

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: January 5, 2010. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

■ 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 

January 16, 2009 and May 4, 2009. The 

revisions are to the Administrative 

Rules of Montana; they make minor 

editorial and grammatical changes, 

update the citations and references to 

Federal laws and regulations, and make 

other minor changes to conform to 

federal regulations. 

(i) Incorporation by reference. 

(A) Administrative Rules of Montana 

(ARM) sections 17.8.102 Incorporation 

by Reference—Publication Dates, 

17.8.301 Definitions, 17.8.901 

Definitions, and 17.8.1007 Baseline for 

Determining Credit for Emissions and 

Air Quality Offsets, effective October 24, 

2008. 

(B) Administrative Rules of Montana 

(ARM) section 17.8.308 Particulate 

Matter, Airborne, effective February 13, 

2009. 

[FR Doc. 2010–1748 Filed 1–28–10; 8:45 am] 

BILLING CODE 6560–50–P 


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