29694 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

Dated: June 18, 2018. 

E. Scott Pruitt, 

Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 35 is amended as 

follows: 

PART 35—STATE AND LOCAL 

ASSISTANCE 

■ 1. The authority citation for part 35 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 

1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 

6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 

2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 

104–134, 110 Stat. 1321, 1321–299 (1996); 

Pub. L. 105–65, 111 Stat. 1344, 1373 (1997), 

2 CFR 200. 

■ 2. Amend § 35.10010 by revising 

paragraph (c) to read as follows: 

§ 35.10010 Limitations on assistance. 

* * * * * 

(c) Costs incurred, and the value of 

any integral in-kind contributions made, 

before receipt of credit assistance may 

be considered in calculating eligible 

project costs only upon approval of the 

Administrator. Such costs and integral 

in-kind contributions must be directly 

related to the development or execution 

of the project and must be eligible 

project costs as defined in § 35.10005. In 

addition, such costs, excluding the 

value of any integral in-kind 

contributions, are payable from the 

proceeds of the WIFIA credit instrument 

and shall be considered incurred costs 

for purposes of paragraph (f) of this 

section. Capitalized interest on the 

WIFIA credit instrument is not eligible 

for calculating eligible project costs. 

* * * * * 

[FR Doc. 2018–13714 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2018–0136; FRL–9979– 

76—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Montana; Revisions to PSD Permitting 

Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

fully approve the State Implementation 

Plan (SIP) revision submitted by the 

State of Montana on October 14, 2016. 

Montana’s October 14, 2016 submittal 

revises their prevention of significant 

deterioration (PSD) regulations. This 

action is being taken under section 110 

of the Clean Air Act (CAA) (Act). 

DATES: This final rule is effective on July 

26, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2018–0136. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(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 electronically through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency 

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

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What is the EPA taking final action 

to approve? 

The EPA is taking final action to 

approve a revision to Montana’s PSD 

regulations as submitted by the State of 

Montana on October 14, 2016. We are 

taking final action to approve the 

following revision to Administrative 

Rules of Montana (ARM) 

17.8.818(7)(a)(iii): Removing the phrase 

‘‘averaged over a 24-hour period.’’ 

We provided a detailed background in 

our proposed rulemaking, published on 

April 27, 2018. See 83 FR 18494. We 

invited comment on all aspects of our 

proposal and provided a 30-day 

comment period. The comment period 

ended on May 29, 2018. 

In this action, we are responding to 

the comments we received and taking 

final rulemaking action on the State’s 

October 14, 2016 submittal. 

II. Response to Comments 

We received two comments during 

the public comment period. After 

reviewing the comments, the EPA has 

determined that the comments are 

outside the scope of our proposed action 

or fail to identify any material issue 

necessitating a response. 

III. Final Action 

We are taking final action to approve 

changes to Montana’s SIP—in particular 

the revisions to ARM 17.8.818(7)(a)(iii), 

which removes the phrase ‘‘averaged 

over a 24-hour period’’—as submitted 

on October 14, 2016. We are taking final 

action to approve this change, as it is 

consistent with the CAA and the EPA 

regulations as follows: 

1. CAA section 110(a)(2)(C), which 

requires each state plan to include ‘‘a 

program to provide for . . . the 

regulation of the modification and 

construction of any stationary source 

within the areas covered by the plan as 

necessary to assure that [the NAAQS] 

are achieved, including a permit 

program as required in parts C and D of 

this subchapter’’; 

2. CAA section 110(a)(2)(A), requires 

that SIPs contain enforceable emissions 

limitations and other control measures. 

Under section CAA section 110(a)(2), 

the enforceability requirement in 

section 110(a)(2)(A) applies to all plans 

submitted by a state. Montana’s 

regulations in ARM 17.8 create 

enforceable obligations for sources; 

3. CAA section 110(i) (with certain 

limited exceptions) prohibits states from 

modifying SIP requirements for 

stationary sources except through the 

SIP revision process. As described in 

our proposed rulemaking, Montana 

fulfilled this requirement; 

4. CAA section 110(l), provides that 

the EPA cannot approve a SIP revision 

that interferes with any applicable 

requirement of the Act. The revisions to 

ARM 17.8.818 would not interfere with 

sections 110(a)(2) and 110(i) of the Act, 

as they are in compliance with current 

federal regulations; 

5. CAA section 161, which requires a 

SIP to contain emission limitations to 

prevent significant deterioration of air 

quality in regions designated as 

attainment or unclassifiable; and 

6. Montana’s SIP revision complies 

with the requirements of 40 CFR 51.166 

as the plan imposes the regulatory 

requirements on individual sources, as 

required by the regulatory provisions. 

IV. Incorporation by Reference 

In this action, the EPA is taking final 

action to include in a final EPA rule 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is taking final action to 

incorporate by reference a change to the 

State of Montana’s SIP removing 

‘‘averaged over a 24-hour period’’ from 

ARM 17.8.818(7)(a)(iii). The EPA has 

made, and will continue to make, these 

materials generally available through 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29695 

1 62 FR 27968 (May 22, 1997). 

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the SIP, have been incorporated by 

reference by the EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of this final 

rulemaking, and will be incorporated by 

reference in the next update to the SIP 

compilation.1

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provision of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state actions, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely finalizes approval of 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 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not expected to be an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 

• 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 CAA; and, 

• Is not subject to Executive Order 

12898 (59 FR 7629, February 16, 1994) 

because it does not establish an 

environmental health or safety standard. 

In addition, this final rule is not 

approved to apply on any Indian 

reservation land or in any other area 

where the 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. The 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 27, 2018. 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 20, 2018. 

Douglas Benevento, 

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. 

Subpart BB—Montana 

■ 2. Section 52.1370(c) is amended by 

revising table entry ‘‘17.8.818’’ to read 

as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

State citation Rule title State effective 

date 

EPA rule final 

date Final rule citation Comments 

*******

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

*******

17.8.818 .................... Review of Major Stationary Sources and 

Major Modifications—Source Applicability 

and Exemptions.

08/20/2016 6/26/2018 [insert Federal Register citation].


sradovich on DSK3GMQ082PROD with RULES
29696 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

1 In the 2016 EPA rule, EPA also discussed the 

efforts surrounding any future determinations about 

the health risks associated with TBAC, including 

noting that data collected through the 

recordkeeping and reporting requirements did not 

appear relevant to any such future determinations 

and that EPA was assessing the health risks from 

TBAC through its Integrated Risk Information 

System. This effort is on-going and more 

information regarding health risks may be found at 

EPA’s previous 2016 rulemaking (81 FR 9339, 

9341). 

State citation Rule title State effective 

date 

EPA rule final 

date Final rule citation Comments 

*******

* * * * * 

[FR Doc. 2018–13597 Filed 6–25–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0557; FRL–9979–92– 

Region 4] 

Air Plan Approval; SC; VOC Definition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the South Carolina 

State Implementation Plan (SIP). The 

revision makes a modification to the 

definition of ‘‘volatile organic 

compounds’’ (VOC). EPA is approving 

the SIP revision submitted by the State 

of South Carolina, through the South 

Carolina Department of Health and 

Environmental Control (DHEC) on 

September 5, 2017, because the State 

has demonstrated that these changes are 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: This rule will be effective July 

26, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0557. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard Wong, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. The telephone 

number is (404) 562–8726. Mr. Wong 

can be reached via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 29, 2004 (69 FR 69298), 

EPA issued a final rule revising the 

definition of VOC at 40 CFR 51.100(s) 

by adding tertiary butyl acetate (or tButyl acetate or TBAC) to the list of 

compounds that are considered to be 

negligibly reactive and excluded from 

the definition of VOC. Additionally, on 

February 25, 2016 (81 FR 9339), EPA 

issued a final rule further revising the 

definition of VOC at 40 CFR 51.100(s) 

by removing the recordkeeping, 

emissions reporting, photochemical 

dispersion modeling, and inventory 

requirements for t-Butyl acetate. EPA 

removed these requirements in part 

because there was no evidence that 

TBAC was being used at levels that 

cause concern for ozone formation and 

because the data that had been collected 

under these requirements had proven to 

be of limited utility in judging the 

cumulative impacts of exempted 

compounds.1 See 81 FR 9339, 9341. 

On February 15, 2018 (83 FR 6822), 

EPA published a notice of proposed 

rulemaking (NPRM) for changes to the 

South Carolina SIP, submitted by the 

South Carolina DHEC on September 5, 

2017. The submission revises South 

Carolina Regulation 61–62.1— 

Definitions and General Requirements, 

specifically Section I—‘‘Definitions,’’ by 

removing the recordkeeping, emissions 

reporting, photochemical dispersion 

modeling, and inventory requirements 

for t-Butyl acetate. EPA received one 

adverse comment in the proposed 

rulemaking. After considering the 

adverse comment, EPA is now taking 

final action to approve the South 

Carolina Regulation 61–62.1, Section I— 

‘‘Definitions’’ revision. For more 

information, see the February 15, 2018, 

NPRM. 

II. Response to Comment 

Comment: EPA received one adverse 

comment to the revision to Regulation 

61–62.1, Section I—‘‘Definitions.’’ The 

Commenter asserted that air quality 

policy should be based on no negative 

impacts on health, and as a result, 

stated, ‘‘This proposed revision would 

do the opposite because it fails to 

acknowledge the change in emissions 

that South Carolina could undertake 

after tert-butyl acetate (TBAc) is taken 

off the states list of volatile organic 

compounds. I reject this revision 

because EPA’s logic for approval is 

flawed when they say, ‘‘. . . There was 

no evidence that TBAc was being used 

at levels that cause concern for ozone 

formation . . .’’. The Commenter 

expressed concerns that the use of 

TBAC could change in South Carolina, 

and since record keeping and 

monitoring will no longer be required, 

this impact will not be assessed. 

Because of these concerns, the 

Commenter recommended that EPA 

prohibit South Carolina from adding 

TBAC to the negligibly reactive list and 

require South Carolina to continue 

monitoring TBAC. Finally, the 

Commenter noted health effects of 

TBAC. 

Response: EPA previously approved 

South Carolina’s revision of its 

definition of VOC which added t-Butyl 

acetate to the list of negligibly reactive 

compounds that are excluded from the 

State’s definition of VOC. 72 FR 30704 

(June 4, 2007). That prior rulemaking 

action is final and is not reopened in the 

current rulemaking action. Similarly, 

EPA’s prior 2004 (60 FR 69298) final 

rulemaking that revised the definition of 

VOC to exclude TBAC as a negligibly 

reactive compound and EPA’s 2016 (81 

FR 9339) final rulemaking that removed 

TBAC recordkeeping, emissions 

reporting, photochemical dispersion 

modeling, and inventory requirements 

for TBAC are also not reopened in the 

current rulemaking action. Rather, in 

the current action, the State is merely 


sradovich on DSK3GMQ082PROD with RULES