Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 40237 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard is amending 

33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05– 

1(g); Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. In § 117.789, paragraph (b)(1) is 

temporarily suspended from July 9, 

2011 through September 30, 2011, and 

paragraph (b)(3) is temporarily added 

from July 9, 2011 through September 30, 

2011, to read as follows: 

§ 117.789 Harlem River. 

* * * * * 

(b)(3) The draws of the bridges at 103 

Street, mile 0.0, need not open for the 

passage of vessel traffic from July 9, 

2011, through September 30, 2011. The 

draws of the 125 Street (Triborough) 

bridge, mile 1.3, the Willis Avenue 

Bridge, mile 1.9, the Madison Avenue 

Bridge, mile 2.3, the 145 Street Bridge, 

mile 2.8, the Macombs Dam Bridge, mile 

3.2, the 207 Street Bridge, mile 6.0, and 

the Broadway Bridge, mile 6.8, shall 

open on signal if at least a four hour 

advance notice is given to the New York 

City Highway Radio (Hotline) Room and 

the Triborough Bridge and Tunnel 

Authority (TBTA) for the 125 Street 

(Triborough) Bridge at mile 1.3. The 

draws of the above bridges, except the 

Broadway Bridge, need not open for the 

passage of vessel traffic from 6 a.m. to 

9 a.m., and 5 p.m. to 7 p.m., Monday 

through Friday, except Federal holidays. 

The draw of the Broadway Bridge need 

not open for the passage of vessel traffic 

from 7 a.m. to 10 a.m. and 4 p.m. to 7 

p.m., Monday through Friday, except 

Federal holidays. 

* * * * * 

Dated: June 22, 2011. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2011–17115 Filed 7–7–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0594] 

Drawbridge Operation Regulation; 

Illinois Waterway, Near Morris, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Elgin, 

Joliet, and Eastern Railroad Drawbridge 

across the Illinois Waterway, mile 270.6, 

near Morris, Illinois. The deviation is 

necessary to allow removal of the 

existing lift span and installation of the 

replacement lift span. This deviation 

allows the bridge to be maintained in 

the closed-to-navigation position for 

eighty-four hours. 

DATES: This deviation is effective 

starting 7 a.m. on July 9, 2011 through 

7 p.m. on July 12, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0594 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0594 in the ‘‘Keyword’’ 

box and then clicking ‘‘Search’’. They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Eric A. Washburn, Bridge 

Administrator, Western Rivers, Coast 

Guard; telephone (314) 269–2378, email Eric.Washburn@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The 

Canadian National Railroad requested a 

temporary deviation for Elgin, Joliet, 

and Eastern Railroad Drawbridge, across 

the Illinois Waterway, mile 270.6, near 

Morris, Illinois to remain in the closedto-navigation position for eighty-four 

hours while the existing lift span is 

removed and the replacement lift span 

is installed. The Elgin, Joliet, and 

Eastern Railroad Drawbridge currently 

operates in accordance with 33 CFR 

117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Illinois Waterway. 

The Elgin, Joliet, and Eastern Railroad 

Drawbridge, in the closed-to-navigation 

position, provides a vertical clearance of 

26.3 feet above flat pool. Due to 

construction activities, vessels will be 

unable to pass the bridge site during this 

84-hour period. Navigation on the 

waterway consists primarily of 

commercial tows and recreational 

watercraft. This temporary deviation has 

been coordinated with waterway users. 

No objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: June 22, 2011. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2011–17111 Filed 7–7–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0601; FRL–9223–4] 

Approval and Disapproval and 

Promulgation of Air Quality 

Implementation Plans; Montana; 

Revisions to the Administrative Rules 

of Montana—Air Quality, Subchapter 7 

and Other Subchapters 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving 

and partially disapproving State 

Implementation Plan (SIP) revisions 

submitted by the State of Montana on 

August 26, 1999, May 28, 2003, March 

9, 2004, October 25, 2005, and October 

16, 2006. The revisions contain new, 

amended, and repealed rules in 

Subchapter 7 (Permit, Construction, and 

Operation of Air Contaminant Sources) 

that pertain to the issuance of Montana 

air quality permits, in addition to other 

minor administrative changes to other 

subchapters of the Administrative Rules 

of Montana (ARM). In this action, EPA 

is approving those portions of the rules 

that are approvable and disapproving 

those portions of the rules that are 


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40238 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

1Note that the May 28, 2003 submittal requested 

rescinding revisions to ARM 17.8.702, adopted on 

July 20, 2001 and submitted on December 20, 2001. 

EPA had already approved the revisions to ARM 

17.8.702 (see 67 FR 55125, 8/28/02, and 40 CFR 

52.1370(c)(55)) by the time we had received the 

May 28, 2003 letter. However, the May 28, 2003 

submittal also requests that all of ARM 17.8.702 be 

repealed. We are proposing to remove ARM 

17.8.702 from the federally-approved SIP. 

inconsistent with the Clean Air Act 

(CAA). This action is being taken under 

section 110 of the CAA. 

DATES: Effective Date: This final rule is 

effective August 8, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2006–0601. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publiclyavailable docket materials are available 

either electronically in http:// 

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 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, Mailcode 

8P–AR, Environmental Protection 

Agency, Region 8, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129, 

(303) 312–6227, or leone.kevin@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 words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Montana 

mean the State of Montana, unless the 

context indicates otherwise. 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

The CAA (section 110(a)(2)(C)) and 40 

CFR 51.160 require states to have legally 

enforceable procedures to prevent 

construction or modification of a source 

if it would violate any SIP control 

strategies or interfere with attainment or 

maintenance of the National Ambient 

Air Quality Standards (NAAQS). Such 

minor New Source Review (NSR) 

programs are for pollutants from 

stationary sources that do not require 

Prevention of Significant Deterioration 

(PSD) or nonattainment NSR permits. 

States may customize the requirements 

of the minor NSR program as long as 

their program meets minimum 

requirements. 

In a proposed rule action published 

on March 4, 2010, EPA proposed to 

partially approve and partially 

disapprove revisions to the State of 

Montana’s State Implementation Plan 

(SIP) submitted on August 26, 1999, 

May 28, 2003, March 9, 2004, October 

25, 2005, and October 16, 2006 (as 

described below). The revisions contain 

new, amended, and repealed rules in 

Subchapter 7 (Permit, Construction and 

Operation of Air Contaminant Sources) 

that pertain to the issuance of Montana 

air quality permits, and in addition 

other subchapters of the ARM. 

A. August 26, 1999 Submittal 

On August 26, 1999, the Governor of 

Montana submitted a SIP revision 

request. The revision contains amended 

and repealed rules to various 

subchapters in the ARM that were 

adopted by the Montana Board of 

Environmental Review (Board) on May 

14, 1999. Specific to Subchapter 7 

(Permit, Construction, and Operation of 

Air Contaminant Sources), the submittal 

revised ARM 17.8.705 and 17.8.733 and 

repealed ARM 17.8.708. However, as 

indicated below, a May 28, 2003 

submittal rescinded the August 26, 1999 

revisions to ARM 17.8.705 and 17.8.733. 

B. May 28, 2003 Submittal 

On May 28, 2003, the Governor of 

Montana submitted a SIP revision 

request. The revision contains new, 

amended, and repealed rules adopted by 

the Board on December 6, 2002. The 

new and repealed rules pertain to the 

issuance of Montana air quality permits 

and are in Subchapter 7 of the ARM. 

The amended rules contain references to 

the new and repealed rules. 

The new rules include: ARM 

17.8.740, 17.8.743, 17.8.744, 17.8.745, 

17.8.748, 17.8.749, 17.8.752, 17.8.755, 

17.8.756, 17.8.759, 17.8.760, 17.8.762, 

17.8.763, 17.8.764, 17.8.765, 17.8.767, 

and 17.8.770. 

The repealed SIP-approved rules 

include: ARM 17.8.701, 17.8.702, 

17.8.704, 17.8.705, 17.8.706, 17.8.707, 

17.8.710, 17.8.715, 17.8.716, 17.8.717, 

17.8.720, 17.8.730, 17.8.731, 17.8.732, 

17.8.733, and 17.8.734. 

The amended SIP-approved rules 

include: ARM 17.8.101, 17.8.110, 

17.8.309, 17.8.310, 17.8.818, 17.8.825, 

17.8.826, 17.8.901, 17.8.904, 17.8.905, 

17.8.906, 17.8.1004, 17.8.1005, 

17.8.1106, and 17.8.1109. 

The May 28, 2003 submittal also 

rescinded outstanding SIP submissions 

for rules that amended the following: 

ARM 17.8.702, adopted July 20, 2001 

and submitted on December 20, 2001 1; 

and ARM 17.8.705 and 17.8.733, 

adopted on May 14, 1999 and submitted 

on August 26, 1999. 

C. March 9, 2004 Submittal 

On March 9, 2004, the Governor of 

Montana submitted a SIP revision 

request. The revision contains amended 

rules adopted by the Board on 

September 26, 2003. The amended rules 

pertain to the issuance of Montana air 

quality permits. The following rules 

were amended: ARM 17.8.749, 17.8.759, 

17.8.763, and 17.8.764. 

D. October 25, 2005 Submittal 

On October 25, 2005, the Governor of 

Montana submitted a SIP revision 

request. The revision contains amended 

rules adopted by the Board on June 3, 

2005. EPA approved all of the October 

25, 2005 submittal on July 19, 2006 (71 

FR 40922), except for ARM 17.8.767. We 

are addressing ARM 17.8.767 in this 

action. 

E. October 16, 2006 Submittal 

On October 16, 2006, the Governor of 

Montana submitted a SIP revision 

request. The revision contains an 

amended rule for ARM 17.8.743(1) and 

new rules codified as ARM 17.8.1601, 

17.8.1602, 17.8.1603, 17.8.1604, 

17.8.1605, and 17.8.1606, and ARM 

17.8.759 adopted by the Board on 

December 2, 2005. The submittal also 

requested to withdraw ARM 

17.8.743(1)(c) from being incorporated 

into the SIP. We are addressing ARM 

17.8.759 in this action. The revision to 

ARM 17.8.743(1) and the new rules 

pertain to the regulation of oil and gas 

well facilities, and we will address this 

revision request in a separate action. 

II. Response to Comments 

EPA received one letter from 

WildEarth Guardians (WG) commenting 

on EPA’s Federal Register action 

proposing approval and disapproval of 

the Montana SIP Provisions in Docket 


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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 40239 

ID No. EPA–R08–OAR–2006–0601. In 

this section EPA responds to the 

significant adverse comments made by 

the commenter. 

Comment No. 1—The commenter 

opposed EPA’s approval of ARM 

17.8.743(2) and (3). The commenter 

alleges that these rules directly 

contradict 40 CFR 51.160. To the extent 

the commenter makes this argument, 

EPA responds below. 

EPA Response—EPA disagrees with 

the commenter’s assessment. First, the 

commenter references 40 CFR 51.160(b) 

in particular, the requirement that a 

plan must set forth legally enforceable 

procedures which include a means for 

the State or local permitting agency to 

prevent construction or modification of 

a source if it will interfere with 

applicable portions of the control 

strategy or the attainment or 

maintenance of a national standard. The 

commenter asserts that ARM 17.8.743(2) 

allows a stationary source to initiate 

construction activities upon receipt of a 

‘‘completeness determination’’ pursuant 

to ARM 17.8.759 and that the 

‘‘completeness determination’’ 

requirements are insufficient to show 

compliance with 40 CFR 51.160(b). 

EPA has determined the Montana 

rules are consistent with the CAA and 

EPA regulations, and therefore 

approvable as a SIP revision. Section 

110(a)(2)(C) of the CAA requires that 

SIPs include a program for regulating 

the construction and modification of 

stationary sources as necessary to 

ensure that the NAAQS are achieved. 

The Montana regulations clearly 

regulate the construction and 

modification of stationary sources and 

ensure that the NAAQS will be met. In 

addition, as explained in the proposed 

rule, EPA’s regulations at 40 CFR 51.160 

do not require the issuance of a permit 

for the construction or modification of 

minor sources, but only that the SIP 

include legally enforceable procedures 

to prevent the construction of a source 

or modification that would violate the 

SIP control strategy or interfere with 

attainment or maintenance of the 

NAAQS. EPA-approved SIP minor NSR 

programs in several states do not require 

permits prior to construction, but 

instead contain other enforceable 

procedures. See 75 FR 54562 (Sept. 26, 

2007) (Missouri), 68 FR 2217 (Jan. 16, 

2003) (Idaho). 

Montana’s rules include enforceable 

procedures to prevent the construction 

of any source or modification that 

would violate SIP requirements. In 

determining whether or not the SIP 

includes these legally enforceable 

procedures, EPA does not look at a 

particular component of an 

implementation plan in isolation (such 

as ARM 17.8.743(2) and (3)). EPA must 

be able to determine that, with the 

revisions in place, the whole ‘‘plan as 

revised’’ meets the requirements of 

51.160. In addition, Montana’s rule 

contains sufficient safeguards to meet 

the requirements of 51.160. First, the 

State is not obligated to issue a permit 

where the owner or operator received a 

completeness determination. ARM 

17.8.743(4). Second, the rule contains a 

provision indicating that if the owner or 

operator proceeds with the initial 

construction activities it accepts the 

regulatory risks of engaging in such 

activities. ARM 17.8.743(4). Third, 

Montana’s rule contains safeguards 

regarding the type of activity allowed 

before permit issuance. The rule only 

allows installing concrete foundations 

work, below ground plumbing, 

installing ductwork, and other 

infrastructure and/or excavation work 

involving the same. ARM 17.8.743(2). 

Fourth, the rule specifically prohibits 

the construction or installation of 

emission units (without a permit or a 

State determination that the unit will 

not interfere with the NAAQS or a 

control strategy). ARM 17.8.743(2). Thus 

EPA disagrees with the commenter’s 

suggestion that the rule does not state 

that construction or modification of the 

emission units subject to permitting 

cannot commence prior to issuance of 

the permit. 

EPA has determined the addition of 

ARM 17.8.743(2) and (3) to the Montana 

Air Quality Program (MAQP) do not 

compromise the legally enforceable 

procedures in the MAQP and meet the 

requirements of 40 CFR 51.160. 

The commenter also suggests that the 

phrase ‘‘[a] true minor source is not 

subject to PSD requirements and is not 

subject to other federal requirements’’ is 

confusing and appears to be a 

contradiction to the requirements of 40 

CFR 51.160. 

During the rulemaking process, EPA’s 

intent was to make it explicitly clear 

that ARM 17.8.743(2) and (3) only apply 

to ‘‘true’’ minor sources in order to 

ensure that sources that are subject to 

federal requirements (i.e., PSD and 

synthetic minors) do not begin any 

construction prior to permit issuance. 

17.8.743(5) states: ‘‘The provisions of (2) 

do not supersede any other local, State, 

or federal requirements associated with 

the activities set forth therein.’’ EPA has 

interpreted ‘‘federal requirements’’ to 

mean synthetic minor permit limits. 

PSD provisions remain applicable until 

a proposed project legally obtains 

synthetic minor status (i.e., obtains 

permitted limits which limit the source 

below the PSD thresholds). Therefore, 

EPA has concluded that the rule only 

applies to true minor sources. 

Comment No. 2—The commenter 

opposed EPA’s approval of ARM 

17.8.752(1)(a)(i), alleging that this 

approval appears contrary to Section 

110(l) of the CAA in that it would 

weaken current permitting requirements 

and will lead to more air pollution than 

would otherwise be allowed. The 

commenter states that the current minor 

source Best Available Control 

Technology (BACT) provision (triggered 

for an entire source) has been relied 

upon by Montana and EPA to ensure 

that the NAAQS will be attained and 

maintained pursuant to Section 110 of 

the CAA. The commenter acknowledges 

there is no federal requirement for 

minor source BACT. To the extent the 

commenter makes this argument, EPA 

responds below. 

EPA Response—EPA disagrees with 

this comment. As the commenter points 

out, there is no federal requirement for 

BACT for minor sources and the 

inclusion of ARM 17.8.752(1)(a)(i) is a 

‘‘discretionary’’ control measure. 

Measures not tied to an area’s 

classification and not mandated by the 

CAA are often referred to as 

‘‘discretionary’’ measures. States can 

remove discretionary measures from 

attainment, nonattainment or 

maintenance plans. In this instance, the 

State has not removed this discretionary 

control measure from its SIP, but has 

revised it. This revision results in minor 

source BACT applying only to the 

specific emissions unit being modified 

as opposed to the whole source. This 

revision will result in fewer sources 

postponing or foregoing modifying 

emission units, even those that would 

implement emission reductions, in 

order to avoid a comprehensive review 

and expensive upgrades to an entire 

facility. 

EPA again notes that maintaining 

compliance with the NAAQS and 

Section 110 of the CAA is not 

dependent on a single component of the 

Montana ARM or a single revision of the 

SIP, but how the revisions as a whole 

affect attainment and maintenance of 

the NAAQS. ARM 17.8.752 has been 

used in addition to the remainder of the 

MAQP rules, individual control plans 

for nonattainment areas, generally 

applicable rules prohibiting certain 

emitting activities, open burning rules, 

etc. in order to ensure compliance with 

the NAAQS. ARM 17.8.752, as revised 

in this rule, does not weaken the MAQP 

program and thus a 110(l) analysis is not 

required before EPA can approve this 

provision. 

Comment No. 3—The commenter 

states that the SIP revisions do not set 


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40240 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

forth legally enforceable procedures that 

enable the State to determine how 

construction or modification of a 

stationary source impacts the ambient 

air quality standards and how these 

impacts will be assessed, in particular 

the ozone and PM2.5 NAAQS, as 

required by 40 CFR 160(a)(2). The 

commenter further alleges that the SIP, 

in general, is not consistent with the 

procedures set forth in 40 CFR 160. 

EPA Response—EPA disagrees with 

this comment. The revisions being 

approved in this action provide legally 

enforceable procedures for Montana’s 

minor NSR to determine whether the 

construction of a new or modified 

source will result in interference with 

the NAAQS. ARM 17.8.743 requires 

sources to obtain a Montana air quality 

permit or a completeness determination 

before construction of a source may 

begin. ARM 17.8.743(3) states ‘‘* * * 

the department may issue a letter 

instructing the owner or operator to 

immediately cease such activities 

pending a final determination on an 

application if it finds that the proposed 

project would result in a violation of the 

State Implementation Plan or would 

interfere with the attainment or 

maintenance of any federal or state 

ambient air quality standard.’’ This 

satisfies the requirement of 40 CFR 

51.160(a)(2) because it is a legally 

enforceable procedure that enables the 

State to prevent violations of the control 

strategy or interference with the 

NAAQS. 

SIP revisions being approved in this 

action are not intended to determine the 

ability of the SIP as a whole to 

implement, maintain, and enforce each 

NAAQS promulgated by the EPA. For 

example, Montana submitted a SIP 

revision to demonstrate that the State 

meets the requirements of Section 

110(a)(1) and (2) of the Clean Air Act for 

ozone and PM2.5. This revision 

addresses basic SIP requirements, 

including emission inventories, 

monitoring, enforcement of emission 

limits and control measures, and 

modeling to assure attainment and 

maintenance of the standards. The 

evaluation of these ‘‘infrastructure’’ 

SIPs, as well as currently approved 

section 110 SIPs, need to be considered 

in determining whether the SIP as a 

whole provides appropriate legally 

enforceable procedures to ensure 

attainment and maintenance of the 

NAAQS. 

III. Final Action 

EPA is partially approving and 

partially disapproving SIP revisions 

submitted by the State of Montana on 

August 26, 1999, May 28, 2003, March 

9, 2004, October 25, 2005, and October 

16, 2006. First, in this action EPA is 

approving the removal of the following 

provisions from the federally-approved 

SIP: ARM 17.8.701, 17.8.702, 17.8.704, 

17.8.705, 17.8.706, 17.8.707, 17.8.710, 

17.8.715, 17.8.716, 17.8.717, 17.8.720, 

17.8.730, 17.8.731, 17.8.732, 17.8.733, 

and 17.8.734. 

Second, EPA is approving the 

following new Subchapter 7 provisions 

into the federally-approved SIP: ARM 

17.8.740 (except 17.8.740(10) and (14) 

and the following phrases in 

17.8.740(8)(a) and (c), respectively, (1) 

‘‘except when a permit is not required 

under ARM 17.8.745’’ and (2) ‘‘except as 

provided in ARM 17.8.745’’ and the 

phrase ‘‘reasonable period of time for 

startup and shutdown’’ in ARM 

17.8.740(2)), submitted on May 28, 

2003; 17.8.743 (except the phrases 

‘‘asphalt concrete plants, mineral 

crushers’’ in 17.8.743(1)(b) ‘‘and 

17.8.745’’ in 17.8.743(1), and 

17.8.743(1)(c)), submitted on May 28, 

2003; 17.8.744 and 17.8.748, submitted 

on May 28, 2003; 17.8.749(1), (3), (4), 

(5), (6), and (8), submitted on May 28, 

2003; 17.8.749(7), submitted on March 

9, 2004; 17.8.752, 17.8.755, and 

17.8.756, submitted on May 28, 2003; 

17.8.759(1) through (3), submitted on 

May 28, 2003; 17.8.759(4) through (6), 

submitted on October 16, 2006; 17.8.760 

and 17.8.762, submitted on May 28, 

2003; 17.8.763(1) and (4), submitted on 

May 28, 2003; 17.8.763(2) and (3), 

submitted on March 9, 2004; 17.8.764(1) 

(except the phrase ‘‘the emission 

increase meets the criteria in ARM 

17.8.745 for a de minimis change not 

requiring a permit’’ in 17.8.764(1)(b)) 

and (4), submitted on May 28, 2003; 

17.8.764(2) and (3), submitted on March 

9, 2004; 17.8.765, submitted on May 28, 

2003; 17.8.767(1)(a) through (c), 

submitted on May 28, 2003; and 

17.8.767(1)(d) through (g), (2), (3), and 

(4), submitted on October 25, 2005. 

Third, EPA is disapproving the 

following new Subchapter 7 provisions: 

ARM 17.8.749(2), ARM 17.8.740(10), 

17.8.740(14); and portions of 

17.8.740(2). 

Fourth, EPA is approving revisions to 

the following sections of other 

subchapters submitted on May 28, 2003: 

ARM 17.8.101(4); 17.8.110(7), (8), and 

(9); 17.8.818(1); 17.8.825(3); 17.8.826(1) 

and (2); 17.8.904(1) and (2); 17.8.905(1) 

and (4); 17.8.906; 17.8.1004; 

17.8.1005(1), (2), and (5); 17.8.1106; and 

17.8.1109. 

Additionally, EPA is not acting, at the 

request of the State, on the following 

provisions in Subchapter 7: ARM 

17.8.743(1)(c) and ARM 17.8.770, the 

phrase ‘‘asphalt concrete plants, mineral 

crushers’’ in ARM 17.8.743(1)(b) and 

ARM 17.8.745 submitted on May 28, 

2003. 

Note that, with respect to Montana’s 

rules relating to new source review, EPA 

has determined that Montana’s rules 

meet the requirements of 40 CFR part 

51, subpart I, as currently in effect. And 

while EPA is approving the state’s 

permit to construct rules, EPA 

recognizes that it has a responsibility to 

insure that all states properly 

implement their preconstruction 

permitting programs. Therefore, EPA’s 

approval of Montana’s rules in no way 

divests EPA of our continued oversight 

(as set forth in CAA sections 113, 167, 

and 505(b)) to insure that Montana’s 

permits are consistent with the CAA, 

EPA regulations, and the SIP. 

Consistent with EPA’s proposal, this 

SIP approval does not extend to Indian 

country in Montana. See 75 FR 9843. 

Finally, EPA is not acting on the 

following provisions of other 

subchapters because they were either 

disapproved in a previous action or they 

relate to a rule EPA is not taking action 

on: the following phrases in 

17.8.740(8)(a) and (c), respectively, (1) 

‘‘except when a permit is not required 

under ARM 17.8.745’’ and (2) ‘‘except as 

provided in ARM 17.8.745,’’ submitted 

on May 28, 2003; ARM 17.8.309(5)(b), 

17.8.310(3)(e), 17.8.316(6), and 

17.8.901(14)(e)(iii), submitted on May 

28, 2003; the phrase ‘‘and 17.8.745’’ in 

ARM 17.8.743(1), submitted on May 28, 

2003; ARM 17.8.749(2) submitted on 

May 28, 2003; the phrase ‘‘the emission 

increase meets the criteria in ARM 

17.8.745 for a de minimis change not 

requiring a permit,’’ in ARM 

17.8.764(1)(b), submitted on May 28, 

2003; and ARM 17.8.743(1), 17.8.1601, 

17.8.1602, 17.8.1603, 17.8.1604, 

17.8.1605, and 17.8.1606, submitted on 

October 16, 2006. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air Act. 

Accordingly, this proposed action 

merely approves 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 


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Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 40241 

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 Clean Air Act; 

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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 6, 

2011. 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 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: September 24, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart BB—Montana 

■ 2. Amend § 52.1370 by adding 

paragraphs (c)(49)(i)(F), (c)(55)(i)(B), and 

(c)(70) to read as follows: 

§ 52.1370 Identification of plan. 

* * * * * 

(c) * * * 

(49) * * * 

(i) * * * 

(F) Previously approved in paragraph 

(c)(49)(i)(A) under Subchapter 7: Permit, 

Construction, and Operation of Air 

Contaminant Sources. These sections 

are now deleted without replacement: 

ARM 17.8.701, Definitions; ARM 

17.8.702, Incorporation by Reference 

(excluding 17.8.702(1)(f)); ARM 

17.8.704, General Procedures for Air 

Quality Preconstruction Permitting; 

17.8.705, When Permit RequiredExclusions; 17.8.706, New or Altered 

Sources and Stacks-Permit Application 

Requirements; 17.8.707 Waivers; 

17.8.710, Conditions for Issuance of 

Permit; 17.8.715, Emission Control 

Requirements; 17.8.716, Inspection of 

Permit; 17.8.717, Compliance with 

Other Statutes and Rules; 17.8.720, 

Public Review of Permit Applications; 

17.8.730, Denial of Permit; 17.8.731, 

Duration of Permit; 17.8.732, Revocation 

of Permit; 17.8.733, Modification of 

Permit; 17.8.734, Transfer of Permit, as 

adopted by Montana on 12/9/1996 and 

effective 12/27/2002. 

* * * * * 

(55) * * * 

(i) * * * 

(B) Previously approved in paragraph 

(c)(55)(i)(A) under Subchapter 7: Permit 

Construction and Operation of Air 

Contaminant Sources. This section is 

now deleted without replacement: ARM 

17.8.702(1)(g), Incorporation by 

Reference, as adopted by Montana on 

7/20/2001 and effective 12/27/2002. 

* * * * * 

(70) On May 28, 2003, March 9, 2004, 

October 25, 2005 and October 16, 2006, 

the State of Montana submitted 

revisions to its State Implementation 

Plan (SIP) that contained new, revised, 

amended and repealed rules pertaining 

to the issuance of Montana air quality 

permits in addition to minor 

administrative changes to other 

subchapters of the Administrative Rules 

of Montana (ARM). 

(i) Incorporation by reference. 

(A) Letter from David L. Klemp, 

Montana State Air Director, to Deborah 

Lebow Aal, Acting Air Program 

Director, dated April 29, 2011. For 

certain sections, the following 

incorporates by reference official State 

of Montana publications of the 

Administrative Rules of Montana that 

are dated after the effective date shown 

in the incorporation by reference for 

each section. In these instances, the 

official publication provides a history 

for the section showing the last effective 

date of a change. For each of these 

sections, the last effective date of a 

change matches the effective date of the 

section, showing that the official 

publication reflects the text of the 

section as of the effective date shown in 

the following incorporation by 

reference. The sections, their effective 

dates, and the date of the publication 

are as follows: ARM 17.8.825, effective 

12/27/2002, publication 9/30/2006; 

ARM 17.8.826, effective 12/27/2002, 

publication 9/30/2006; ARM 17.8.906, 

effective 12/27/2002, publication 6/30/ 

2003; ARM 17.8.740, effective 12/27/ 

2002, publication 9/30/2006; ARM 

17.8.744, effective 12/27/2002, 

publication 12/31/2005; ARM 17.8.752, 

effective 12/27/2002, publication 6/30/ 

2006; ARM 17.8.755, effective 12/27/ 

2002, publication 6/30/2006; ARM 

17.8.756, effective 12/27/2002, 

publication 6/30/2006; ARM 17.8.767, 

effective 12/27/2002, publication 3/31/ 


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40242 Federal Register / Vol. 76, No. 131 / Friday, July 8, 2011 / Rules and Regulations 

2004; ARM 17.8.749, effective 10/17/ 

2003, publication 6/30/2006; ARM 

17.8.759, effective 10/17/2003, 

publication 12/31/2003; ARM 17.8.763, 

effective 10/17/2003, publication 6/30/ 

2006; ARM 17.8.764, effective 10/17/ 

2003, publication 6/30/2006; ARM 

17.8.602, effective 6/17/2005, 

publication 3/31/2007; ARM 17.8.767, 

effective 6/17/2005, publication 6/30/ 

2006; ARM 17.8.802, effective 6/17/ 

2005, publication 12/31/2005; ARM 

17.8.1102, effective 6/17/2005, 

publication 3/31/2007; ARM 17.8.759, 

effective 12/23/2005, publication 9/30/ 

2006. 

(B) ARM submission dated May 28, 

2003. 

(1) The following provisions of the 

ARM are amended effective 12/27/2002: 

17.8.101, Definitions, (4) ‘‘Air quality 

preconstruction permit,’’; 17.8.110, 

Malfunctions, (7), (8), and (9); 17.8.818, 

Review of Major Stationary Sources and 

Major Modifications—Source 

Applicability and Exemptions, (1); 

17.8.825, Sources Impacting Federal 

Class I Areas—Additional 

Requirements, (3); 17.8.826, Public 

Participation; 17.8.904, When Montana 

Air Quality Permit Required; 17.8.905, 

Additional Conditions of Montana Air 

Quality Permit, (1) and (4); 17.8.906, 

Baseline for Determining Credit for 

Emissions and Air Quality Offsets; 

17.8.1004, When Montana Air Quality 

Permit Required; 17.8.1005, Additional 

Conditions of Montana Air Quality 

Permit, (1), (2) and (5); 17.8.1106, 

Visibility Impact Analysis; 17.8.1109, 

Adverse Impact and Federal Land 

Manager. 

(2) The following new provisions of 

the ARM are effective 12/27/2002: 

17.8.740, Definitions, (except for the 

phrase in 17.8.740(2) ‘‘includes a 

reasonable period of time for startup 

and shakedown and’’; the phrase in 

17.8.740(8)(a) ‘‘, except when a permit 

is not required under ARM 17.8.745’’; 

the phrase in 17.8.740(8)(c) ‘‘, except as 

provided in ARM 17.8.745’’; 

17.8.740(10) ‘‘Negligible risk to the 

public health, safety, and welfare and to 

the environment’’; and 17.8.740(14) 

‘‘Routine Maintenance, repair, or 

replacement’’); 17.8.743, Montana Air 

Quality Permits—When Required, 

(except the phrase in 17.8.743(1) ‘‘and 

17.8.745,’’, the phrase in 17.8.743(1)(b) 

‘‘asphalt concrete plants, mineral 

crushers, and’’, and 17.8.743(1)(c)); 

17.8.744, Montana Air Quality 

Permits—General Exclusions; 17.8.748, 

New or Modified Emitting Units—Permit 

Application Requirements; 17.8.749, 

Conditions For Issuance or Denial of 

Permit, (1), (3), (4), (5), (6), and (8); 

17.8.752, Emission Control 

Requirements; 17.8.755, Inspection of 

Permit; 17.8.756, Compliance with 

Other Requirements; 17.8.759, Review of 

Permit Applications, (1) through (3); 

17.8.760, Additional Review of Permit 

Applications; 17.8.762, Duration of 

Permit; 17.8.763, Revocation of Permit, 

(1) and (4); 17.8.764, Administrative 

Amendment to Permit, (1) (except for 

the phrase in 17.8.764(1)(b) ‘‘unless the 

increase meets the criteria in ARM 

17.8.745 for a de minimis change not 

requiring a permit, or’’), (2) and (3); 

17.8.765, Transfer of Permit; 17.8.767, 

Incorporation by Reference, (1)(a) 

through (c). 

(C) ARM submission dated March 09, 

2004. 

(1) The following provisions of the 

ARM are amended effective 10/17/2003: 

17.8.749, Conditions For Issuance or 

Denial of Permit, (7); 17.8.759, Review 

of Permit Applications; 17.8.763, 

Revocation of Permit, (2) and (3); 

17.8.764, Administrative Amendment to 

Permit, (2) and (3). 

(D) ARM submission dated October 

25, 2005. 

(1) The following provisions of the 

ARM are amended effective 6/17/2005: 

17.8.102, Incorporation by Reference— 

Publication Dates; 17.8.103, 

Incorporation by Reference and 

Availability of Referenced Documents; 

17.8.302, Incorporation by Reference; 

17.8.602, Incorporation by Reference; 

17.8.767, Incorporation by Reference, 

(1)(d) through (g), (2), (3), and (4); 

17.8.802, Incorporation by Reference; 

17.8.902, Incorporation by Reference; 

17.8.1002, Incorporation by Reference; 

17.8.1102, Incorporation by Reference. 

(E) ARM submission dated October 

16, 2006. 

(1) The following provisions of the 

ARM are amended effective 12/23/2005: 

17.8.759, Review of Permit Applications, 

(4) through (6). 

* * * * * 

Editorial Note: This document was 

received in the Office of the Federal Register 

on June 30, 2011. 

[FR Doc. 2011–16935 Filed 7–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1002; FRL–9430–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Modifications to Indiana Prevention of 

Significant Deterioration and Nonattainment New Source Review Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

modifications to its Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NNSR) rules. The amendments include 

grammatical changes, corrections to 

numbering, addition of definitions 

consistent with Federal PSD and NNSR 

regulations, and removal of references to 

provisions which were vacated in the 

Federal rules. Indiana submitted these 

rule revisions to EPA for approval on 

November 24, 2010. They are consistent 

with the current Federal PSD and NNSR 

regulations. 

DATES: This direct final rule will be 

effective September 6, 2011, unless EPA 

receives adverse comments by August 8, 

2011. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the 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–R05– 

OAR–2010–1002, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: pamela.blakley@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, Air 

Permits Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office normal hours 

of operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office official 

hours of business are Monday through 

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

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 


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