v. 

ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R08-OAR-2009-0198; FRL- ] 

.Approval ahd Promulgation of Air Quality Implementation Plans; Montana; Revisions tp 

the Administrative Rules of Montana 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Direct Final mle. 

SUMMARY: EPA is taking direct final action approving State Implementation Plan (SIP) 

revisions submitted by the State of Montana on January 16, 2009 and May 4, 2009. The 

revisions are to the Adminisfrative Rules of Montana. Revisions include minor editorial and 

granuiiatical changes, updates to the citations and references to federal laws and regulations, and 

a clarification of agricultural activities exempt from control of emissions of airborne particulate 

matter. This action is being taken under section 110 ofthe Clean Air Act. 

DATES: This rule is effective on [Insert date 60 days after publication in the Federal ReRJster] 

without further notice, unless EPA receives adverse comment by [Insert date 30 davs after 

publication in the Federal Register]. If adverse comment is received, EPA will publish a timely 

withdrawal ofthe direct final rule in the Federal Register informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-O.A.R-2009-

0198. by one of the following methods: 

http://\vww.regulations.gov. Follow tJie on-line instructions for submitting 

comments. 
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• E-mail: dolan.kathv@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. Enviroimiental Protection Agency (EP.A), Region 8, 

Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. 

• Hand Delivery: Director, Air Program. Environmental Protection Agency (EPA). 

Region 8, Mailcode 8P-AR. 1595 Wynkoop Street, Denver. Colorado 80202-

1129. Such deliveries are only accepted Monday through Friday, 8:00 a.m. to 

4:30 p.m., excluding Federal hohdays. Special arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-2009-0198. 

EPA's policy is that all comments received will be included in the public docket without change 

and may be made a\'ailable online at http:/'\vww.regulations.gov, including any personal 

inforniation provided, unless the comment includes infonnation claimed to be Confidential 

Business Infonnation (CBI) or other information whose discloswe is restricted by statute. Do 

not submit infomiation that you consider to be CBI or otherwise protected through 

littp://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an 

"anonymous access*' system, which means EPA will not know your identity or contact 

information unless you provide it in the body of your comment. If you send an e-mail comment 

directly to EPA without going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part ofthe coniment that is placed in the public docket 

and made available on tiie Internet. If vou submit an electronic comment. EPA recommends that 
you include your name and other contact infomiation 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. Elecfronic 

files should avoid the use of special characters, any fomi of encryption, and be free of any defects 

or viruses. For additional instructions on submitting comments, go to Section I. General 

Infonnation ofthe SUPPLEMENTARY INFORMATION section of this document. 

Docket: All documents in the docket are listed in the http://www.regulations.gov index. 

Although listed in the index, some infonnation is not publicly available, e.g.-, CBI or other 

intbrmation 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 bttp://www.regulations.gov or in hard copy at the Air Program. • 

Environmental Protection Agency (EPA). Region 8.1595 Wyrikoop 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 ofthe docket. You 

may view the hard copy ofthe docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FLRFHER INFORMATION CONTACT: Kathy Dolan. Air Program. U.S. 

Environmental Protection Agency (EPA). Region 8. Mailcode 8P-AR. 1595 Wynkoop Street. 

Denver. Colorado 80202-1129. 303-312-6142, dolan.kathv@epa.gov 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

1. General infonnation 
4 

II. Summar>'of SIP Revisions 

III. EPA's review ofthe State of Montana's .lamiary 16. 2009 and May 4. 2009 submittals 

IV. Final .Action 

V. Statutor>' and Executive Order Reviews 

Defmitions 

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 word^ EPA, we. us or our mean or refer to the United States Enviromnental Protection 

Agency. 

(iii) The initials.SiJP mean or refer to State Implementation Plan. 

(iv) The words State or Montaiia mean the State of Montana, unless the context indicates 

othenvise. 

1. General Information 

A. What Should IConsider as I Prepare My Comments for EPA? 

1. Submitting CBI. Do not submit this information to EPA through http://regulations.gov 

or e-mail. Clearly mark the part or all ofthe information that you claim to be CBI. For CBI 

information in a disk or CD ROM that you mail to EPA, mark the outside ofthe disk or CD 

ROM as CBI and then identify electronically within the disk or CD ROM the specific 

intbrmation thai is claimed as CBI. In addition to one complete version ofthe comment that 

includes inlbniiation claimed as CBI, a copy ofthe comment that does not contain the 

infonnation claimed as CBI must be submitted for inclusion ih the public docket. Inlbrmation so 
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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 conunents, remember to: 

ldentil\' the rulemaking by docket number and other identifying information (subject 

heading, Federal Register date and.page number). 

Follow directions -' The agency may ask you to respond to specific questions or organize 

comments by referencing a Code of Federal Regulations (CFR) part or section 

number.. 

Explain why you agree or disagree; suggest alternatives and substitute language for your 

requested changes. 

Describe any assumptions and provide any technical mfonriation.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 concems, and suggest altematives. 

Explain your views as clearly as possible, avoiding the use of profanity or personal 

threats. • ; 

Make sure to submit yOur comments by the comment period'deadline identified. 

II. Summary of SIP Revisions 

A. On .lanuary 16, 2009 the State of Montana submitted formal revisions to its State 

Implementation Plan (SIP) (hereafter, the "2008 SIP revisions"). The 2008 SIP revisions contain 

amendments to the following sections ofthe Administrative Rules of Montana (ARM): 

17.8.102. 17.8..•^^01. 17.8.901, and 17.8.1007. 
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B. On May 4, 2009 the State of Montana submitted formal revisions to its State Implementation 

Plan (SIP) (hereafter, the "2009 SIP revisions"). The 2009 SIP revisions contain amendments to 

the following sections of the ARM: 17.8.308 and 17.8.744. 

III. EPA's review ofthe State of Montana's January 16,2009 and May 4,2009 submittals 

A. 2008 SIP Revisions. 

The 2008 SIP revisions are strictly administrative; th^y make minor editorial and 

grammatical changes, and update the citations and references to federaliaws and regulations. All 

ofthe revisions are approvable. Therefore, in this action we are approving ARM sections 

17.8.102." 17'.S..^^G1. 17.8.901. and 17.8.1007. 

B. 2009 SIP Revisions. ' 

Revision to ARM section 17.8.308 clarifies the agricultural sources of airbome 

particulate matter which are exerhpt from control measure provisions. The purpose ofthe 

revision is to align the ARM with language of the legislation upon which the regulation is based. 

The ARM as revised meets the requfrement of the CAA section 110(1) and does not interfere 

with any applicable requirements concerning attainment.. The revision adds definition to and as a 

result reduces the number of sources of airborne particulate matter which are exempt from 

emissions controls, under provisions ofthe ARM. This provision is approvable, 

The revision to ARM section 17,8.744 references the State's air quality permitting 

program. The State has several provisions pending relative to the State's air quality pemiitting 

program and these will be processed as one action at a later date. 

IV. Final Action 

The EPA is approving the 2008 revisions to ARM sections 17.8.102, 17.8.301, 17.8.901, 
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and 17.8.1007 that the State submitted on .ianuary 16. 2009. The Montana Board.of 

Environmejital Review adopted these revisions on October 3. 2008 and they became effective on 

October 24, 2008. 

The EPA is approving the 2009 revision to ARM section 17.8.308. The EPA is not 

taking action on the 2009 revision to ARM sections 17.8.744 and will take action at a later date. 

The Montana Board of Environmental'Review adopted these revisions on January 23,2009 and 

they became effective on February 13, 2009. 

EPA is publishing this rule without prior proposal because the Agency views this as a 

noncontrovefsial amendment and anticipates no adverse comments; we are merely approving 

administrative and other minor changes to Montana's air rules. However, in the "Proposed 

Rules" section of Today's Federal Register publication. EPA is publishing a separate document 

that will serve as the proposal to approve the SIP revisions if adverse comments are filed. This 

rule will be effective [Insert date 60 davs after publication in the Federal Register] without 

fuither notice unless the Agency receives adverse comrhents by [Insert date 30 davs after 

publication in the Federal Register.] If the EPA receives adverse comments, EPA •will publish a 

timely withdrawal in the Federal Register mforming the public that the rule will not take effect. 

EPA will address all public comments in a subsequent final rule based on the proposed rule. The 

EPA will not institute a second comment period on this action. Any parties interested in 

commenting must do sO at this time. Please note that if EPA receives adverse comment on an 

amendment, paragraph, or section of this rule and if that provision may be severed from the 

remainder ofthe rule, EPA may adopt as final those provisions ofthe rule that are not the subject 

of an adverse comment. 
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V. Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a 

"significant regulatory action" and therefore is not subject to review by the Olfice of 

Management and Budget. For this reason, this action is also not subject to Executive Order 

13211. "Actions Concerning Regulations That Sigriiticantly Affect Energy Supply, Distribution, 

or Use" (66 FR 28355, May 22, 2001). This action merely approves State jaw as meeting Federal 

requirements and imposes no additional requirements beyond those imposed by State law. 

Accordingly, the Administrator certifies that this rule will not have a significant economic impact 

on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et' 

seq.). Because tliis rule approves pre-existing requirements under State law and does not impose 

any additional enforceable duty beyond that required by State law, it does not contain any 

unfunded mandate or significantly or uniquely affect small governments, as described in the 

Unfunded M.andates Refonn .A.ct of 1995 (Public Law 104-4). 

This rule also does not have tribal implications because it will not have a substantia! 

direct effect on one or more Indian tribes, on the relationship between the Federal Govemment 

and Indian tribes, or on the distribution of power and responsibilities between the Federal 

Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 

9, 2000). This action also does not have Federalism implications because it does not have 

substantial direct effects on the States, on the relationship between the national govemment and 

the States, or on the distribution of power and responsibilities among the various levels of 

government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This 

action merely approves a State rule implementing a Federal standard, and does not alter the 
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relationship or the distribution of power and responsibilities established in the Clean'Air Act. 

This rule also is not subject to Executive Order 13045 "Protection of Children from 

Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it 

approves a State rule implementing a Federal standard. 

In reviewing SIP submissions, EPA's role is to approve State choices, provided that they 

meet the criteria ofthe Clean Air .A-ct. In this context, in the absence of a prior existing 

requirement for the State to use voluntary consensus standards (VCS). EPA has no authority to 

disapprove a SIP submission for failure to use VCS. It would thus be inconsistent whh 

applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP 

submission that otherwise satisfies the provisions ofthe Clean Air Act. Thus, the requirements 

of section r2(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does not impose an information collection burden under the 

provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 U.S.C. section 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 miist submit a rule report, which includes a 

copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United 

States. • EP.A will submit a report containing this rule and other required infomiation to the U.S. 

Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States 

prior to pubhcation ofthe 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. section 804(2). 
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Under section 307(b)( 1) ofthe 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 [FEDERAL 

REGISTER OFFICE: insert date 60 davs from date of publication of this document in the 

Federal Register]. 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 h extend the 

time within which a petition for judicial review may be filed, and shall not postpone the 

effectiveness of such rule or action. Parties with objections to this direct final rule are 

encouraged to file a comment in response to the parallel notice of proposed rulemaking for this 

action published in the proposed mles section of today's Federal Register, rather than file an 

immediate petition for judicial review of this direct final ixile. so that EPA can withdraw this 

direct final rule and address the coinraeiit in the proposed rulemaking. Tltis action may not be 

challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air pollution control. Carbon monoxide, Incorporation by 

reference, Intergoverrimental relations. Lead, Nitrogen dioxide, Ozone, Particulate matter,. 

Reporting and recordkeeping requh-ements, Sulfur oxides, Volatile organic compounds. 

//r/oZQ/o (LuJl uULr:E> 

Dated: Carol Rushin 

.Acting Regional Administrator 

Region 8 
II 

40 CFR part 52 is amended to read as follows: 

PART 52 [.AMENDED] 

1. The authority citation for Pan 52-continues to read as follows: 

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

Subpart BB - Montana 

2. Section 52.1370 is amended by adding paragraph (c)(68) to read as follows: 

•$ 52.1370, Identification ofplan. 

* * * * * 

(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 

reierences to Ix'deral laws and regulations, and make other .minor changes to confonn to federal 

regulations. . . ' ' 

(i) Incorporation by reference. 

(A) Adraiiiistrative Rules of Montana (ARM) sections 17.8.102 Incorporation by 

Reference - Publication Dates. 17.8.301 Definhions. 17.8.901 Definitions, and 17.8.1007 

Baseline for Detennining Credit fbr Emissions and Air Qualitv Offsets, effective October 

24, 2008. 

(B) Administrative Rules of Montana (ARM) section 17.8.308 Particulate Matter, 

Airbonig. effective February 13, 2009.