30984 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules 

Dated: May 13, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2015–13123 Filed 5–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0304; FRL–9928–51– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Montana; Revisions to the 

Administrative Rules of Montana; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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 proposing to 

correct 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 proposing to 

correct this error with today’s action. 

This action is being taken under section 

110 of the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before July 1, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2010–0304, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: fulton.abby@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, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. 

• Hand Delivery: Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mail Code 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 of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2010– 

0304. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA, without going 

through www.regulations.gov your email 

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 information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

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 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 

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. 

SUPPLEMENTARY INFORMATION: 

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 initials ARM mean or refer to the 

Administrative Rules of Montana. 

(iii) The initials BACT mean or refer to Best 

Available Control Technology. 

(iv) The word or initials Board or BER 

mean or refer to the Montana Board of 

Environmental Review. 

(v) The initials CAMR mean or refer to the 

Environmental Protection Agency’s Clear Air 

Mercury Rule. 

(vi) The initials CBI mean or refer to 

confidential business information. 

(vii) The initials CFR mean or refer to the 

United States Code of Federal Regulations. 

(viii) The initials DEQ mean or refer to the 

Department of Environmental Quality. 

(ix) The words EPA, we, us or our mean or 

refer to the United States Environmental 

Protection Agency. 

(x) The initials IBR mean or refer to 

Incorporate by Reference. 

(xi) The initials MCA mean or refer to the 

Montana Code Annotated. 

(xii) The initials NAAQS mean or refer to 

national ambient air quality standards. 

(xiii) The initials NESHAP mean or refer to 

National Emission Standards for Hazardous 

Air Pollutants. 

(xiv) The initials NSPS mean or refer to 

New Source Performance Standards. 

(xv) The initials SIP mean or refer to State 

Implementation Plan. 

(xvi) The word State means or refers to the 

State of Montana. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
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1See Douglas M. Ski, Chief of the Air Programs 

Branch, EPA Region 8, Memorandum to Jeffery T. 

Chaffe, Chief of the Montana Air Quality Bureau 

(October 9, 1991). 

I. General Information 

What should I consider as I prepare my 

comments for EPA? 

1. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

EPA through http://www.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 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 and organize your 

comments; 

• 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; and 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. On March 17, 2010 the State of 

Montana submitted a SIP revision 

containing amendments to IBR current 

federal regulations and other material 

into air quality rules at ARM 17.8.102, 

17.8.302, 17.8.767, 17.8.802, 17.8.822, 

17.8.902, and 17.8.1002. The 

amendments update IBR dates, make 

minor editorial and grammatical 

changes, and delete references to EPA’s 

Clean Air Mercury Rule (CAMR) which 

was vacated in February 2008. The 

Montana Board of Environmental 

Review (BER) adopted the amendments 

on October 2, 2009. 

B. On August 1, 2011 the State 

submitted a SIP revision containing 

amendments to IBR current federal 

regulations and other material into air 

quality rules at ARM 17.8.102. The 

revisions update IBR dates and 

associated references, make minor 

editorial and grammatical changes, and 

delete the exclusion from IBR of 40 

Code of Federal Regulations (CFR) part 

60, subpart DDDD—Emissions 

Guidelines and Compliance Times for 

Commercial and Industrial Solid Waste 

Incineration Units. The BER adopted the 

amendments on January 28, 2011. 

C. On November 22, 2011 Montana 

submitted a SIP revision containing 

amendments to ARM 17.8.604, 17.8.610, 

17.8.612, 17.8.613, 17.8.614, 17.8.615, 

and 17.8.763. The amendments allow 

certain open burning to occur in areas 

other than where waste was generated, 

revise the process for appealing air 

quality permits, provide a process for 

revocation of air quality permits when 

owners cannot be found by mail, and 

make minor editorial and grammatical 

changes. The Board adopted the 

amendments on March 25, 2011. 

D. On September 19, 2014 the State of 

Montana submitted a SIP revision 

containing amendments to IBR current 

federal regulations and other material 

into air quality rules at ARM 17.8.102. 

The amendments update IBR dates, 

make minor editorial and grammatical 

changes, and delete references to certain 

subparts of 40 CFR parts 60 and 63. The 

Montana BER adopted the amendments 

on May 30, 2014. 

E. On January 26, 2010, EPA took 

direct final action (75 FR 3993) to 

approve revisions to ARM 17.8.102— 

Incorporation by Reference— 

Publication Dates, with a State effective 

date of October 26, 2007. In a 

subsequent action, EPA took final action 

on July 8, 2011 (76 FR 40237) and 

inadvertently approved revisions to 

ARM 17.8.102 with a state effective date 

of June 17, 2005. This action provides 

notice that language in ARM 17.8.102 

with a State effective date of October 26, 

2007 was in effect between January 26, 

2010 and publication of this notice. A 

copy of ARM 17.8.102 effective October 

26, 2007 is available within this docket. 

F. On January 29, 2010, EPA 

published a direct final rule in the 

Federal Register approving Montana 

SIP revisions to the ARM. This action 

proposes to correct an error in the 

regulatory language in 40 CFR 

52.1370(c) of EPA’s January 29, 2010 

direct final rule (75 FR 4698). 

The State was delegated the authority 

for implementation and enforcement of 

National Emission Standards for 

Hazardous Air Pollutants (NESHAPs) 

through a Federal Register notice on 

May 11, 1995 (60 FR 25143) and New 

Source Performance Standards (NSPS) 

by letter on January 9, 2004 (69 FR 

43371, July 20, 2004). When a 

delegation of authority is granted, EPA 

authorizes a state to implement and 

enforce a federal regulation. Prior to 

receiving delegation, NESHAPs and 

NSPS were enforced through Montana’s 

SIP.1 Through this process, the State 

IBR’d the Federal NESHAPs and NSPS 

in 40 CFR parts 60, 61, and 63 into its 

SIP-approved regulations. However, 

since receiving program delegation, 

many of the parts of the IBR referencing 

NESHAPs and NSPS in parts 60, 61, and 

63 no longer need to be approved into 

Montana’s SIP. EPA is working with the 

State to remove unnecessary parts of 

NESHAPs and NSPS from its SIP. These 

amendments will be reflected in a future 

Federal Register action. In the interim, 

we are proposing no action on any SIP 

revisions referencing 40 CFR parts 60, 

61, and 63. 

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 

A. March 17, 2010 SIP Submittal 

The State’s March 17, 2010 SIP 

submittal contained amendments 

adopted by the State on October 2, 2009 

(effective October 16, 2009) and 

includes the following types of 

amendments to the State’s air quality 

rules: Revisions to its IBR of documents 

and other statutory references; and 

updated references to the July 1, 2008 

edition of the CFR and the December 31, 

2008 edition of the ARM. The revisions 

also make minor editorial and 

grammatical changes, and delete certain 

references to rules which have been 

vacated. 

We are not acting on several of the 

State’s amendments in the March 17, 

2010 submittal that delete certain 

provisions from the State’s rules 

because we did not approve those 

provisions into the SIP when they were 

part of a prior submittal from the State 

and they reference an NSPS in 40 CFR 

part 60. On November 1, 2006, the State 

submitted revisions to its SIP, including 

amendments to ARM 17.8.302, 17.8.767, 

17.8.802, 17.8.902, and 17.8.1002. In our 

January 26, 2010 action (75 FR 3993), 

EPA did not act on revisions to ARM 

17.8.302, 17.8.767, 17.8.802, 17.8.902, 

or 17.8.1002 because the revisions 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
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referenced CAMR which was vacated by 

the U.S. Court of Appeals for the D.C. 

Circuit on February 8, 2008 (see New 

Jersey v. EPA, 517 F. 3d 574). 

In its March 17, 2010 submission, the 

State revisions delete references to 

CAMR in ARM 17.8.302(1)(a)(ii), 

17.8.767(1)(c), 17.8.802(1)(d), 

17.8.902(1)(a), 17.8.1002(1)(a). Since 

EPA did not act on revisions to these 

sections of the ARM in our January 26, 

2010 action, references to CAMR were 

never approved into Montana’s SIP. 

Furthermore, as explained in the 

‘‘Background’’ section of this notice, we 

are proposing no action on revisions 

referencing 40 CFR parts 60, 61, and 63. 

Therefore, EPA is proposing no action 

on the 2010 revisions to ARM 

17.8.302(1)(a)(ii), 17.8.767(1)(c), 

17.8.802(1)(d), 17.8.902(1)(a), and 

17.8.1002(1)(a). 

The March 17, 2010 revisions to ARM 

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

17.8.102(1)(c) make minor grammatical 

changes and update the citations and 

references to federal law and State rules. 

In subsequent SIP submittals dated 

August 1, 2011 and September 19, 2014, 

the State again updates IBR publication 

dates. We therefore propose to act on 

revisions to ARM 17.8.102(1)(a), and 

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

2014 submittal, as discussed below, and 

to approve the grammatical changes to 

ARM 17.8.102(1) from the March 17, 

2010 submittal. Since the March 17, 

2010 publication date revisions to these 

three rules were superseded by the 

August 1, 2011 and September 19, 2014 

submittals, we are not acting on the 

publication date revisions in the March 

17, 2010 submittal. 

The March 2010 submittal also makes 

minor editorial and grammatical 

changes to ARM 17.8.102(2), 

17.8.102(2)(a), and 17.8.102(3). ARM 

17.8.102(2) and (3) list subparts of NSPS 

at 40 CFR part 60 and NESHAPs at 40 

CFR part 63 which are excluded from 

IBR. We therefore propose no action on 

the revisions to ARM 17.8.102(2), 

17.8.102(2)(a), and 17.8.102(3) from the 

August 1, 2011 submittal. 

Finally, the submittal deletes ARM 

17.8.802(1)(c) and 17.8.822(9), which 

require compliance with the ambient 

monitoring requirements of 40 CFR part 

58, Appendix B. EPA proposes to 

approve revisions to ARM 17.8.802(1)(c) 

and 17.8.822(9) because that appendix 

no longer exists. 

B. August 1, 2011 SIP Submittal 

The State’s August 1, 2011 SIP 

submittal contained amendments 

adopted by the State on January 28, 

2011 (effective February 11, 2011) and 

includes the following types of 

amendments to the State’s air quality 

rules: Revisions to its IBR of documents 

and other statutory references contained 

in the State’s air quality rules; an 

updated reference to the July 1, 2009 

edition of the CFR; and updated 

references to the 2006 edition of the 

United States Code and Supplement II 

(2009), and the December 31, 2009 

edition of the ARM. The revisions also 

make minor editorial and grammatical 

changes, and delete references to a rule 

which has been vacated. 

The August 1, 2011 revisions to ARM 

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

17.8.102(1)(c) update the citations and 

references to federal law and State rules. 

In a subsequent SIP submittal dated 

September 19, 2014, the State again 

updates IBR publication dates. We 

therefore propose to act on revisions to 

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

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

2014 submittal, as discussed below. 

Since the August 1, 2011 publication 

date revisions to these three rules were 

superseded by the September 19, 2014 

submittals, we are not acting on the 

publication date revisions in the August 

1, 2011 submittal. 

Additionally, the August 1, 2011 

revisions makes a minor editorial 

change to ARM 17.8.102(3)(b) which 

excludes 40 CFR part 63, subpart 

KKKKK, National Emission Standards 

for Hazardous Air Pollutants for Clay 

Ceramics Manufacturing from IBR and 

deletes ARM 17.8.102(3)(d) which 

references portions of 40 CFR part 63, 

subpart DDDD—NESHAP for Plywood 

and Composite Wood Products. As 

previously discussed, we are not acting 

on revisions referencing 40 CFR parts 60 

and 61, and therefore propose no action 

on ARM 17.8.102(3)(b) and 17.8.103(d). 

C. November 22, 2011 SIP Submittal 

The State’s November 22, 2011 SIP 

submittal contained amendments 

adopted by the State on March 25, 2011 

(effective April 15, 2011) and includes 

the following types of amendments to 

the State’s air quality rules: Revisions to 

open burning rules regarding burning 

locations, permit appeal processes, 

grammatical changes, and revisions to 

the notification process of intent to 

revoke Montana Air Quality Permits. 

Revisions to open burning rules in 

ARM section 17.8.604 specify the 

circumstances under which moving 

wood waste from the location where it 

was generated and burning it elsewhere 

may occur. The purpose of the revisions 

are to provide an exception to the 

general prohibition to allow wood waste 

generated in areas where burning would 

be unwise (e.g., where burning wood 

waste on the premises where it is 

generated would produce unacceptable 

amounts of smoke that could cause or 

contribute to a violation of the National 

Ambient Air Quality Standards 

(NAAQS)) to be moved to areas where 

the burning could take place under 

conditions protective of the NAAQS and 

other conditions applicable to open 

burning. 

In our August 24, 2006 final rule (71 

FR 49999), we took no action on 

revisions to ARM 17.8.604(1)(a) that 

were submitted by the State on April 18, 

2003 because language used in the rule 

revision was considered a department 

discretion. However, the State’s 

November 22, 2011 submittal removes 

previous discretionary language of ‘‘or 

unless approval is granted by the 

department on a case by case basis’’ 

from its April 18, 2003 submittal and 

replaces it with criteria that the 

department applies when determining 

whether to issue a permit that allows for 

burning of any wood waste at a location 

other than where the wood waste was 

generated. The revisions ensure waste 

that is moved from the premises where 

it is generated is still prohibited 

material and may not be burned unless 

it is conducted pursuant to a landfill or 

conditional open burning permit issued 

by the department. For conditional air 

quality open burning, the State’s rules 

require that the department only issue a 

permit under its rules if the open 

burning will not cause or contribute to 

a violation of the NAAQS and that the 

open burn conform to Best Available 

Control Technology (BACT) (ARM 

17.8.612). Among other things, BACT 

also requires that these additional 

categories only burn during the time 

periods specified by the department 

(ARM 17.8.601(1)). The revisions also 

ensure the movement and burning is 

only an option for wood that is not 

already described as prohibited and 

ensure other methods of disposal are 

considered. 

In our July 20, 2004 proposed notice 

(69 FR 43373) we explained that the 

proposed changes would not impact the 

stringency of the rule. In a letter to EPA 

dated August 19, 2004, the State 

clarified the intent of proposed changes 

to ARM 17.8.604(1)(a) stating that the 

purpose is to ‘‘. . . allow open burning 

of material moved to an alternative site 

for purposes of better attaining and 

maintaining the NAAQS.’’ ARM 

17.8.604(1)(a) further allows ‘‘. . . 

movement of material for open burning 

to locations that minimize health effects 

caused by exposure to smoke emissions. 

For example, when municipalities 

experience massive tree damage, 

disposal of material by open burning 

within city limits would expose 


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2See Stephen S. Tuber, Acting Assistant Regional 

Administrator for the Office of Partnerships and 

Regulatory Assistance, Memorandum to Jan 

Sensibaugh, Director of Montana Department of 

Environmental Quality (March 11, 2003). 

3The Environmental Appeals Board Practice 

Manual, EPA, (September 2010) http://

www.epa.gov/eab/pmanual.pdf. 

4 42 U.S.C. 7607(d)(7)(B) states: ‘‘Only an 

objection to a rule or procedure which was raised 

with reasonable specificity during the period for 

public comment (including any public hearing) may 

be raised during judicial review . . .’’ ‘‘If the 

Administrator refuses to convene such a 

proceeding, such person may seek review of such 

refusal in the United States court of appeals for the 

appropriate circuit (as provided in subsection (b) of 

this section). Such reconsideration shall not 

postpone the effectiveness of the rule. The 

effectiveness of the rule may be stayed during such 

reconsideration, however, by the Administrator or 

the court for a period not to exceed three months.’’ 

populations to smoke emissions. 

However, if material is relocated to an 

alternate site, populations are better 

protected from adverse health effects 

caused by exposure to smoke 

emissions’’ (comment letter from Jan 

Sensibaugh, Director, Montana 

Department of Environmental Quality 

(DEQ) to EPA Air & Radiation Program 

Director Richard Long, contained within 

this docket). 

Section 110(l) of the CAA states that 

a SIP revision cannot be approved if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress towards attainment of the 

NAAQS or any other applicable 

requirements of the Act. The proposed 

revisions to ARM 17.8.604(1) do not 

interfere with the maintenance of the 

NAAQS or any other applicable 

requirement of the Act. The November 

22, 2011 submittal revises the open 

burning rules; however, as discussed 

earlier, we do not believe the changes 

will impact the NAAQS. Therefore, 

section 110(l) requirements are satisfied 

and we consequently propose to 

approve revisions to ARM 

17.8.604(1)(a). 

We propose to approve the revision to 

ARM 17.8.610(2) which corrects a 

grammatical error. 

Revisions to ARM 17.8.612, 17.8.613, 

17.8.614, and 17.8.615 reflect the 

Montana Legislature’s revision of the 

process for appealing air quality permits 

pursuant to 75–2–211, Montana Code 

Annotated (MCA). The 2003 Legislature 

amended 75–2–211, MCA, to eliminate 

an automatic stay of the department’s 

decision to issue a permit upon a permit 

appeal. Instead, during a 15-day delay 

before the department decision on the 

permit application becomes final, a 

permit decision may be stayed only 

following a petition and a finding that 

the person requesting the stay is entitled 

to the relief demanded in the request for 

hearing or that continuation of the 

permit would cause the petitioner great 

or irreparable injury. After 15 days, the 

department’s decision cannot be 

appealed. If a stay is granted, but the 

appeal ultimately fails, the petitioner is 

liable for costs and damages to the 

permit applicant. 

On March 11, 2003, EPA mailed a 

memorandum to the Director of the 

Montana DEQ 2 which expressed 

potential concern with legislation 

(including revisions to 75–2–211, MCA) 

pending in the Montana Legislature. As 

outlined in the memo, EPA was 

concerned that the proposed legislation 

had the potential to create major 

impediments to the public’s ability to 

challenge air permits in state court as 

required by the CAA. An important 

consideration before EPA approves 

programs under the CAA is that the 

state must provide the same opportunity 

for judicial review of the air permitting 

actions in state court as would be 

available in federal court. The proposed 

bill (HB No. 700, available within this 

docket) contained provisions which 

would have required citizens and 

organizations to file for a preliminary 

injunction and then post a bond if such 

injunction was granted. The appealing 

party’s bond required coverage of the 

permittee’s costs of delay. Another 

provision required the person 

challenging the permit to indemnify the 

permittee for the same items covered in 

the bond. However, this language (see 

HB No. 700, Section 1. 75–2–211.(11)(d) 

and (e) contained within this docket) 

was struck from the legislation prior to 

approval. 

We therefore conclude that the 2003 

revisions made to 75–2–211, MCA 

(contained within this docket) do not 

conflict with the CAA requirements for 

judicial review of air permitting actions 

(see 42 U.S.C. 7607(b) 3 and 7607(d) 4) 

and consequently propose to approve 

revisions to 17.8.612(10) and (11), 

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

and 17.8.615(6) and (7). Finally, 

revision to ARM 17.8.763 provides a 

process for notice by publication of the 

department’s intent to revoke a Montana 

Air Quality Permit issued under Title 

17, chapter 8, subchapter 7 when an 

owner or operator cannot be found for 

service by certified mail. We propose to 

approve the revision to ARM 

17.8.763(3). 

D. September 19, 2014 SIP Submittal 

The State’s September 19, 2014 SIP 

submittal contained amendments 

adopted by the State on May 30, 2014 

(effective June 12, 2014) and includes 

the following types of amendments to 

the State’s air quality rules: Revisions to 

its IBR of documents and other statutory 

references contained in the State’s air 

quality rules; an updated reference to 

the July 1, 2013 edition of the CFR; and 

an updated reference to the 2012 edition 

of the United States Code as it existed 

on December 31, 2013. The revisions 

also make minor editorial and 

grammatical changes; delete references 

to NSPS and NESHAPs which are 

excluded from IBR; delete references to 

a rule which has been vacated; and add 

information on how to obtain IBR 

materials referenced in the ARM. 

The September 19, 2014 revisions to 

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

17.8.102(1)(c) update the citations and 

references to federal law and State rules. 

We propose to approve these revisions. 

The September 19, 2014 revisions 

delete ARM 17.8.102(2), 17.8.102(2)(a), 

and 17.8.102(2)(b) which reference 

subparts of 40 CFR part 60 (NSPS) that 

are excluded from IBR. The revisions 

also make a minor editorial change to 

ARM 17.8.102(3); delete certain 

language in ARM 17.8.102(3)(a) and 

ARM 17.8.102(3)(b) which references 40 

CFR part 63, subpart JJJJ, NESHAP for 

Brick and Structural Clay Products 

Manufacturing and subpart KKKK, 

NESHAP for Clay Ceramics 

Manufacturing, respectively; and delete 

ARM 17.8.102(3)(c) which references 40 

CFR part 63, subpart DDDDD, NESHAP 

for Industrial, Commercial, and 

Institutional Boilers and Process 

Heaters. We propose no action on these 

revisions since they are in reference to 

40 CFR parts 60 and 63. 

Finally, the September 19, 2014 

revisions add ARM 17.8.102(3) and 

17.8.102(4)(a) through (d) which 

includes information on how to obtain 

a copy of materials incorporated by 

reference in this chapter of the ARM 

and copies of federal materials. We 

propose to approve language added to 

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

through (d). 

Proposed Correction 

In the direct final rule published in 

the Federal Register on January 29, 

2010 (75 FR 4698), on page 4700, third 

column, we propose to correct the 

amendatory instruction 2, in the second 

line, ‘‘. . . adding paragraph (c) (68) 

. . .’’ to read: ‘‘. . . Adding paragraph 

(c) (69) . . ..’’; and also propose the 

conforming change in the regulatory 

text, changing paragraph (c)(68) to 

(c)(69). This proposed change is 

necessary because of the inadvertent 

error made to this regulatory language in 

our action at 75 FR 4698. 


rljohnson on DSK3VPTVN1PROD with PROPOSALS
30988 Federal Register / Vol. 80, No. 104 / Monday, June 1, 2015 / Proposed Rules 

IV. What action is EPA taking? 

EPA is proposing to approve 

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 propose 

to approve November 22, 2011 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). We propose to 

approve 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 also propose to approve 

language added to ARM 17.8.102(3) and 

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

September 19, 2014 submittal. Our 

action also provides notice that 

language in ARM 17.8.102 was in effect 

between January 16, 2010 and 

publication of this notice. Finally, EPA 

proposes to correct erroneous 

amendatory instructions published in 

the Federal Register on January 29, 

2010 (75 FR 4698). 

V. Statutory and Executive Orders 

Review 

In this rule, the EPA is proposing 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 

proposing to incorporate by reference 

the Administrative Rules of Montana 

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 

this preamble. 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). 

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 proposed 

action merely approves some state law 

as meeting federal requirements and 

disapproves other state law because it 

does not meet federal requirements; this 

proposed action does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 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, 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, 

• 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, February 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). 

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: May 13, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2015–13129 Filed 5–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9928–49–OAR] 

Availability of Data on Allocations of 

Cross-State Air Pollution Rule 

Allowances From New Unit Set-Asides 

for the 2015 Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

availability of preliminary calculations 

of emission allowance allocations to 

certain units under the Cross-State Air 

Pollution Rule (CSAPR). Under the 

CSAPR federal implementation plans 

(FIPs), portions of each covered state’s 

annual emissions budgets for each of the 

four CSAPR emissions trading programs 

are reserved for allocation to electricity 

generating units that commenced 

commercial operation on or after 

January 1, 2010 (new units) and certain 

other units not otherwise obtaining 

allowance allocations under the FIPs. 

The quantities of allowances allocated 

to eligible units from each new unit setaside (NUSA) under the FIPs are 

calculated in an annual one- or tworound allocation process. EPA has 

completed preliminary calculations for 

the first round of NUSA allowance 

allocations for the 2015 compliance year 

and has posted spreadsheets containing 

the calculations on EPA’s Web site. EPA 

will consider timely objections to the 

preliminary calculations (including 

objections concerning the identification 

of units eligible for allocations) and will 

promulgate a notice responding to any 

such objections no later than August 1, 

2015, the deadline for recording the 

first-round allocations in sources’ 

Allowance Management System 

accounts. This notice may concern 

CSAPR-affected units in the following 

states: Alabama, Arkansas, Florida, 

Georgia, Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maryland, 

Michigan, Minnesota, Mississippi, 

Missouri, Nebraska, New Jersey, New 


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