50582 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject 

Indiana 

effective 

date 

EPA Approval date Notes 

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Article 26. Regional Haze 

Rule 2. Best Available Retrofit Technology Emission Limitations 

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26–2–2 ............... Alcoa emission limitations and compliance methods.6/29/2014 8/20/2015, [Insert Federal Register citation].

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* * * * * 

[FR Doc. 2015–20528 Filed 8–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0304, FRL 9932–53– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana; 

Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Montana on 

March 17, 2010, August 1, 2011, 

November 22, 2011, and September 19, 

2014. The revisions are to the 

Administrative Rules of Montana (ARM) 

and include minor editorial and 

grammatical changes, updates to 

citations and references to federal and 

state laws and regulations, revisions to 

open burning rules, changes to the 

process for appealing air quality 

permits, and providing a process for 

revocation of air quality permits when 

owners cannot be found by mail. Also 

in this action, EPA is correcting final 

rules pertaining to Montana’s SIP. On 

January 29, 2010, EPA took direct final 

action to approve SIP revisions as 

submitted by the State of Montana on 

January 16, 2009 and May 4, 2009. EPA 

subsequently discovered an error in our 

January 29, 2010 direct final action 

related to ‘‘incorporation by reference’’ 

(IBR) materials and the associated 

regulatory text numbering. EPA is 

correcting this error with today’s action. 

Finally, EPA is updating the Montana 

nonregulatory provisions table to add 

carbon monoxide maintenance plans for 

Billings, Montana, and Great Falls, 

Montana approved by EPA on March 30, 

2015 and April 1, 2015, respectively. 

This action is being taken under section 

110 of the Clean Air Act (CAA). 

DATES: This rule is effective on 

September 21, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2010–0304. All 

documents in the docket are listed on 

the 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, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

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: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 

I. Background 

The State of Montana submitted SIP 

revisions containing amendments to IBR 

current federal regulations and other 

material into air quality rules of the 

ARM. The notice of proposed 

rulemaking (NPR) published on June 1, 

2015 (80 FR 30984) proposed approval 

of Montana’s submissions with respect 

to the following: Grammatical changes 

made to ARM 17.8.102(1), and all 

revisions of 17.8.802(1)(c) and 

17.8.822(9) from the March 17, 2010 

submittal; revisions to ARM 

17.8.604(1)(a), 17.8.610(2), 17.8.612(10) 

and (11), 17.8.613(8) and (9), 17.8.614(8) 

and (9), 17.8.615(6) and (7), and 

17.8.763(3) from the November 22, 2011 

submission; citations and references to 

federal law and State rules superseding 

and replacing all previous versions of 

ARM 17.8.102(1)(a), 17.8.102(1)(b), and 

17.8.102(1)(c) from the September 19, 

2014 submittal; and language added to 

ARM 17.8.102(3) and 17.8.102(4)(a) 

through (d) from the September 19, 2014 

submittal. The reasons for our approval 

are provided in detail in the NPR. 

For reasons explained in the NPR, 

EPA also provided notice that language 

in ARM 17.8.102 with a State effective 

date of October 26, 2007 was in effect 

between January 16, 2010 and 

publication of our proposed notice on 

June 1, 2015. Finally, for reasons 

explained in our NPR, EPA proposed to 

correct erroneous amendatory 

instructions published in the Federal 

Register on January 29, 2010 (75 FR 

4698). 

II. Response to Comments 

No comments were received on our 

June 1, 2015 NPR. 

III. Final Action 

EPA is approving grammatical 

changes made to ARM 17.8.102(1), and 

all revisions of 17.8.802(1)(c) and 

17.8.822(9) from the March 17, 2010 

submittal. We are approving the 

November 22, 2011 submittal’s revisions 


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Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 50583 

to ARM 17.8.604(1)(a), 17.8.610(2), 

17.8.612(10) and (11), 17.8.613(8) and 

(9), 17.8.614(8) and (9), 17.8.615(6) and 

(7), and 17.8.763(3). We are approving 

the September 19, 2014 submittal’s 

citations and references to federal law 

and State rules superseding and 

replacing all previous versions of ARM 

17.8.102(1)(a), 17.8.102(1)(b), and 

17.8.102(1)(c). Previous submittals were 

received on March 17, 2010 and August 

1, 2011. We are also approving language 

added to ARM 17.8.102(3) and 

17.8.102(4)(a) through (d) from the 

September 19, 2014 submittal. 

Our action provides notice that 

language in ARM 17.8.102 with a State 

effective date of October 26, 2007 was 

in effect between January 16, 2010 and 

June 1, 2015. EPA is also adding to table 

(e) of CAA § 52.1370, ‘‘EPA-approved 

nonregulatory provisions,’’ to reflect the 

final EPA approval of carbon monoxide 

limited maintenance plans for the 

Billings (80 FR 16571, March 30, 2015) 

and Great Falls (80 FR 17331, April 1, 

2015) carbon monoxide maintenance 

areas. These additions were 

inadvertently left out of the table when 

these maintenance plans were 

approved. Finally, EPA is correcting 

erroneous amendatory instructions 

published in the Federal Register on 

January 29, 2010 (75 FR 4698). 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the ARM 

regarding citations and references to 

federal and State laws and regulations; 

open burning rules; air quality permits 

appeal process; and revocation of air 

quality permits discussed in section III, 

EPA’s Review of the State of Montana’s 

March 17, 2010; August 1, 2011; 

November 22, 2011; and September 19, 

2014 Submittals, and CFR Correction, of 

the NPR (80 FR 30984, June 1, 2015). 

EPA is also correcting incorporation by 

reference errors in our final rulemaking 

‘‘Air Quality State Implementation 

Plans; Approvals and Promulgations: 

Montana; Revised Format for Materials 

Being Incorporated by Reference’’ (80 

FR 22909, April 24, 2015) to reflect the 

final EPA approval of carbon monoxide 

limited maintenance plans for the 

Billings (80 FR 16571, March 30, 2015,) 

and Great Falls (80 FR 17331, April 1, 

2015) carbon monoxide maintenance 

areas. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Orders 

Review 

Under the CAA, 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 CAA. Accordingly, this final action 

merely approves some state law as 

meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

final action does not impose additional 

requirements beyond those imposed by 

state law. For that reason, this final 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

Oct. 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, Aug. 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 CAA; 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, Feb. 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 October 19, 2015. 

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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: August 4, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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


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50584 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 

Subpart BB—Montana 

■ 2. Section 52.1370 is amended by: 

■ a. In paragraph (c), revising the table 

entries for ‘‘17.8.102’’, ‘‘17.8.604’’, 

‘‘17.8.610’’, ‘‘17.8.612’’, ‘‘17.8.613’’, 

‘‘17.8.614’’, ‘‘17.8.615’’, ‘‘17.8.763’’, 

‘‘17.8.802’’, ‘‘17.8.822.’’ 

■ b. In paragraph (e), revising the 

second table entry under ‘‘(2) Cascade 

County’’ and the first table entry under 

‘‘(9) Yellowstone County.’’ 

The revisions read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

State citation Rule title State effective 

date 

EPA final rule 

date Final rule citation Comments 

(i) Administrative Rules of Montana, Subchapter 01, General Provisions 

*******

17.8.102 .............. Incorporation by Reference ............. 10/16/2009, 

06/12/2014 

8/20/2015 [insert Federal Register citation].

* * * * * * * 

(iv) Administrative Rules of Montana, Subchapter 06, Open Burning 

*******

17.8.604 .............. Prohibited Open Burning—When 

Permit Required.

04/15/2011 8/20/2015 [insert Federal Register citation].

*******

17.610 ................. Major Open Burning Source Restrictions.04/15/2011 8/20/2015 [insert Federal Register citation].

*******

17.8.612 .............. Conditional Air Quality Open Burning Permits.04/15/2011 8/20/2015 [insert Federal Register citation].

17.8.613 .............. Christmas Tree Waste Open Burning Permits.04/15/2011 8/20/2015 [insert Federal Register citation].

17.8.614 .............. Commercial Film Production Open 

Burning Permits.

04/15/2011 8/20/2015 [insert Federal Register citation].

17.8.615 .............. Firefighter Training ........................... 04/15/2011 8/20/2015 [insert Federal Register citation].

(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources 

*******

17.8.763 .............. Revocation of Permit ....................... 04/15/2011 8/20/2015 [insert Federal Register citation].

*******

(vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality 

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17.8.802 .............. Incorporation by Reference ............. 10/16/2009 8/20/2015 [insert Federal Register citation].

* * * * * * * 

17.8.822 .............. Air Quality Analysis .......................... 10/16/2009 8/20/2015 [insert Federal Register citation].

*******

* * * * * (e) * * * 

Title/Subject State effective 

date 

Notice of final 

rule date NFR Citation 

*******

(2) Cascade County 

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Great Falls Carbon Monoxide (CO)—Maintenance Plan, State of Montana Air Quality Control Implementation Plan, Cascade County Carbon Monoxide Limited Maintenance Plan, 

Chapter 7, Great Falls Carbon Monoxide (CO) Limited Maintenance Plan and the Associated Alternative Monitoring Strategy .................................................................................. N/A 4/1/2015 80 FR 17331 


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Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 50585 

Title/Subject State effective 

date 

Notice of final 

rule date NFR Citation 

*******

(9) Yellowstone County 

Billings Carbon Monoxide (CO)—Maintenance Plan, State of Montana Air Quality Control 

Implementation Plan, Yellowstone County Carbon Monoxide Limited Maintenance Plan, 

Chapter 56, Billings Carbon Monoxide (CO) Limited Maintenance Plan and the associated Alternative Monitoring Strategy .................................................................................... N/A 3/30/2015 80 FR 16571 

* * * * * * * 

* * * * * 

■ 3. Section 52.1397 is amended by 

adding paragraph (c)(69) to read as 

follows: 

§ 52.1397 Original identification of plan. 

* * * * * 

(c) * * * 

(69) 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. 2015–20496 Filed 8–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120403249–2492–02] 

RIN 0648–XE088 

Snapper-Grouper Fishery of the South 

Atlantic; 2015 Recreational 

Accountability Measure and Closure 

for South Atlantic Hogfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

hogfish recreational sector in the 

exclusive economic zone (EEZ) of the 

South Atlantic for the 2015 fishing year 

through this temporary rule. NMFS 

estimates recreational landings from the 

2014 and 2015 fishing years have 

exceeded the recreational annual catch 

limit (ACL) for hogfish. Therefore, 

NMFS reduces the length of the 2015 

recreational fishing season, i.e., closes 

the recreational sector, for hogfish in the 

South Atlantic EEZ on August 24, 2015. 

This closure is necessary to protect the 

hogfish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, August 24, 2015, until 12:01 

a.m., local time, January 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Britni LaVine, NMFS Southeast 

Regional Office, telephone: 727–824– 

5305, email: britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes hogfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The recreational ACL for hogfish is 

85,355 lb (38,716 kg) and was 

implemented through Regulatory 

Amendment 13 to the FMP (78 FR 

36113, June 17, 2013). In accordance 

with regulations at 50 CFR 

622.193(u)(2), if recreational landings 

exceed the recreational ACL, then 

NMFS will monitor recreational 

landings for a persistence in increased 

landings during the following fishing 

year. If necessary, the Assistant 

Administrator, NMFS (AA), will file a 

notification with the Office of the 

Federal Register to reduce the length of 

the following fishing season by the 

amount necessary to ensure landings do 

not exceed the recreational ACL in the 

following fishing year. 

During the 2014 fishing year, hogfish 

recreational landings exceeded the 

recreational ACL by 26,448 lb (11,996 

kg). For the 2015 fishing year, 

preliminary landings data from the 

NMFS Southeast Fisheries Science 

Center indicate that the hogfish 

recreational ACL has been exceeded by 

142,364 lb (64,575 kg). Therefore, this 

temporary rule implements an AM to 

reduce the length of the hogfish 

recreational sector (i.e., close the 

recreational sector) of the snappergrouper fishery for the remainder of the 

2015 fishing year. As a result, the 

recreational sector for hogfish in the 

South Atlantic EEZ will be closed 

effective 12:01 a.m., local time August 

24, 2015. 

During the closure, the bag and 

possession limits for hogfish in or from 

the South Atlantic EEZ are zero. The 

recreational sector for hogfish will 

reopen on January 1, 2016, the 

beginning of the 2016 recreational 

fishing season. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of hogfish and the South 

Atlantic snapper-grouper fishery and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(u)(2) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

public comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 


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