Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29691 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule establishes a 

temporary safety zone. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0567 to read as 

follows: 

§ 165.T09–0567 Safety Zone; Bay Village 

Independence Day Fireworks; Lake Erie, 

Bay Village, OH. 

(a) Location. This zone will 

encompass all U.S waterways within a 

560 foot radius of the fireworks launch 

site located at position 41°29′23.9′′ N, 

081°55′44.5′′ W, Bay Village, OH (NAD 

83). 

(b) Enforcement period. This 

regulation is effective and will be 

enforced on July 4, 2018 from 9:45 p.m. 

until 10:45 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: June 20, 2018. 

Joseph S. Dufresne, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2018–13600 Filed 6–25–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 35 

[EPA–HQ–OW–2016–0569; FRL–9979–90– 

OW] 

Previously-Incurred Costs in the WIFIA 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: With this interim final rule 

Environmental Protection Agency (EPA) 

is amending the Water Infrastructure 

Finance and Innovation Act (WIFIA) 

regulations to clarify the process for, 

and conditions under which, a recipient 

of WIFIA credit assistance can include 

costs incurred, and the value of integral 

in-kind contributions made, before 

receipt of assistance in the calculation 

of total eligible costs, and can be 

reimbursed for certain of those costs by 

WIFIA loan proceeds. This interim final 

rule pertains to a matter involving a 

federal loan and loan guarantee program 

and is therefore exempt from the 

rulemaking requirements of the 

Administrative Procedure Act. As such, 

EPA is issuing this rule as interim final. 

DATES: This rule is effective on June 26, 

2018. Comments must be received on or 

before August 27, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2016–0569, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 


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29692 Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jordan Dorfman, Water Infrastructure 

Division, Office of Wastewater 

Management, Mail Code 4201C, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW, Washington, 

DC, 20460; telephone number: (202) 

564–0614; email address: 

dorfman.jordan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action only applies to entities 

seeking credit assistance under the 

WIFIA program for the development 

and construction of a water 

infrastructure project. EPA has 

promulgated regulations to implement 

this program. A list of eligible entities 

and eligible projects can be found at 33 

U.S.C. 3904 and 3905 and the Interim 

Final Rule at 40 CFR 35.10005. 

B. What should I consider as I prepare 

my comments for EPA? 

Submitting Confidential Business 

Information (CBI). Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information on a disk, CD–ROM, or 

flash drive that you mail to EPA, mark 

the outside of the disk, CD–ROM, or 

flash drive as CBI and then identify 

electronically within the disk, CD– 

ROM, or flash drive 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. 

Tips for preparing your comments. 

When submitting comments, remember 

to: 

• Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page 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. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the Agency taking? 

Section 5008(c)(2) of the Water 

Infrastructure Improvements for the 

Nation Act, Public Law 114–322, added 

section 5029(b)(10) (33 U.S.C. 

3908(b)(10)) to the WIFIA authorizing 

legislation. This section requires that 

any eligible project costs incurred, and 

the value of any integral in-kind 

contributions made, before receipt of 

assistance be credited toward the 51 

percent of project costs to be provided 

by sources of funding other than a 

WIFIA loan. 33 U.S.C. 3908(b)(10). This 

section provides WIFIA borrowers the 

opportunity to include costs incurred 

prior to receipt of assistance and the 

value of integral in-kind contributions 

made before receipt of assistance, in the 

calculation of total eligible costs in 

order to calculate the size of the loan. 

However, it does not address what costs 

can be reimbursed. The size of the 

project is important in determining the 

amount of funding that may be awarded 

to the WIFIA borrower (‘‘size of the 

loan’’) because the statute, at 33 U.S.C. 

3908(b)(2)(A), limits the size of the loan 

to 49 percent of the total reasonably 

anticipated eligible costs for the project. 

Instead of addressing the reimbursement 

of costs, 33 U.S.C. 3908(b)(10) uses the 

term ‘‘credited’’ and directs that certain 

costs be credited toward a category of 

costs, the 51 percent to be provided by 

a non-WIFIA source. Importantly, the 

statute does not prohibit the use of a 

WIFIA loan to reimburse eligible costs 

incurred prior to receipt of assistance. 

The WIFIA loan can therefore be used 

to reimburse any eligible cost, whether 

or not incurred prior to the receipt of 

assistance, except for the value of inkind contributions which do not 

represent out-of-pocket costs to a 

borrower and are not costs for which a 

borrower would typically seek 

reimbursement or payment. 

For these reasons, EPA is clarifying 

current regulations by adding to 40 CFR 

35.10010(c) the clause ‘‘value of any 

integral in-kind contributions made’’ to 

allow these costs to be included in the 

calculation of eligible project costs and 

by changing ‘‘prior to a project sponsor’s 

submission of an application for credit 

assistance’’ to ‘‘before receipt of credit 

assistance’’ to ensure that all such costs 

and integral in-kind contributions are 

included. EPA is also adding the clause, 

‘‘such costs, excluding the value of any 

integral in-kind contributions, are 

payable from the proceeds of the WIFIA 

credit instrument’’ to ensure that such 

costs may be reimbursed from WIFIA 

loan proceeds. 

Crediting prior costs and the value of 

integral in-kind contributions to the 

project increases the size of the project 

and, by extension, may increase the size 

of the WIFIA loan. For example, if a 

borrower has incurred $110 million in 

costs prior to the receipt of assistance, 

and anticipates incurring $90 million in 

costs after receipt of assistance, the size 

of the project would be $200 million. 

Looking at 33 U.S.C. 3908(b)(2)(A) in 

isolation, EPA could potentially fund up 

to 49 percent of that $200 million, or 

$98 million. However, by further 

directing that the costs incurred and 

contributions made prior to receipt of 

assistance be credited toward the 51 

percent of project costs to be provided 

by sources of funding other than WIFIA, 

3908(b)(10) serves to limit the size of the 

loan if the borrower has completed a 

substantial portion of the overall 

project. In this example project, the size 

of the loan would be limited to $90 

million because the $110 million of 

costs incurred prior to receipt of 

assistance must be credited to the 51 

percent category of costs to be provided 

by non-WIFIA sources of funding, 

leaving only $90 million to be funded 

by WIFIA. 

Costs and in-kind contributions must 

be directly related to the development 

or execution of the project including, for 

example, preliminary design, right-ofway acquisition, National 

Environmental Policy Act (NEPA) 

compliance related costs, and 

construction related costs. The WIFIA 

program retains the right to ask for 

appropriate documentation as evidence 

of such costs and in-kind contributions 

for sizing of the WIFIA loan and, in the 


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Federal Register / Vol. 83, No. 123 / Tuesday, June 26, 2018 / Rules and Regulations 29693 

case of incurred costs, for 

reimbursement. 

In addition, 40 CFR 35.10010(c) is 

amended by removing ‘‘[i]n addition, 

applicants shall not include application 

charges or any other expenses 

associated with the application process 

(such as charges associated with 

obtaining the required preliminary 

rating opinion letter) among the eligible 

project costs.’’ This sentence is 

redundant because 40 CFR 35.10005 

provides a definition of eligible project 

costs from which the determination of 

eligibility of a cost can be determined. 

It causes confusion because it implies 

that fees charged by the WIFIA program 

cannot be included as an eligible project 

cost even though they are specifically 

allowed to be financed as part of a 

WIFIA loan by statute at 33 U.S.C. 

3908(b)(7)(B). Furthermore, EPA has 

determined that the cost of obtaining 

rating opinion letters is eligible under 

33 U.S.C. 3906(4) which states that 

‘‘capitalized interest necessary to meet 

market requirements, reasonably 

required reserve funds, capital issuance 

expenses, and other carrying costs 

during construction’’ are eligible costs. 

B. What is the Agency’s authority for 

taking this action? 

This interim final rule is issued under 

the authority of 33 U.S.C. 3908(b)(10) 

and 3911. 

III. Statutory and Executive Orders 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action. 

B. Executive Order 13771 

This rule is not an E.O. 13771 

regulatory action because this rule is not 

significant under E.O. 12866. 

C. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

PRA because this rule merely 

establishes the process for, and 

conditions under which, a recipient of 

WIFIA credit assistance can include 

costs incurred, and the value of integral 

in-kind contributions made, before 

receipt of assistance in the calculation 

of total eligible costs, and can be 

reimbursed for certain of those costs by 

WIFIA loan proceeds. 

D. Regulatory Flexibility Act 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. With this 

interim final rule, the EPA is amending 

the WIFIA regulations to clarify the 

process for, and conditions under 

which, a recipient of WIFIA credit 

assistance can include costs incurred, 

and the value of integral in-kind 

contributions made, before receipt of 

assistance in the calculation of total 

eligible costs, and can be reimbursed for 

certain of those costs by WIFIA loan 

proceeds. This interim final rule does 

not impose costs on small entities 

applying for a WIFIA loan. I have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local, or tribal governments or 

the private sector. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. While a tribal government, 

or a consortium of tribal governments 

may apply for WIFIA credit assistance, 

this action does not have substantial 

direct effects 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. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because 

environmental health or safety risks are 

not addressed by this action. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This rulemaking simply establishes the 

process for, and conditions under 

which, a recipient of WIFIA credit 

assistance can include costs incurred, 

and the value of integral in-kind 

contributions made, before receipt of 

assistance in the calculation of total 

eligible costs, and can be reimbursed for 

certain of those costs by WIFIA loan 

proceeds. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action is not subject to Executive 

Order 12898 (59 FR 7629, February 16, 

1994) because it does not establish an 

environmental health or safety standard. 

L. National Environmental Policy Act 

Each project obtaining assistance 

under this program is required to adhere 

to the National Environmental Policy 

Act of 1969, as amended (42 U.S.C. 

4321–4370). This rulemaking simply 

establishes the process for, and 

conditions under which, a recipient of 

WIFIA credit assistance can include 

costs incurred, and the value of integral 

in-kind contributions made, before 

receipt of assistance in the calculation 

of total eligible costs, and can be 

reimbursed for certain of those costs by 

WIFIA loan proceeds; therefore, by 

itself, this rulemaking will not have any 

effect on the quality of the environment. 

List of Subjects in 40 CFR Part 35 

Environmental protection, Reporting 

and recordkeeping requirements, and 

Water finance. 


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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