Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32545

Commission’s Standards of Conduct.

Rule 103(a) will be redesignated rule

103.

C. Ordering Paragraghs

It is ordered:

Paragraph (b) shall be deleted from

rule 103 of the Commission’s standards

of conduct, effective upon publication

of this order in the Federal Register.

Rule 103(a) of the Commission’s

standards of conduct shall be

redesignated rule 103.

The acting secretary is directed to

cause this final rule to appear in the

Federal Register.

Steven W. Williams,

Acting Secretary.

List of Subjects in 39 CFR Part 3000

Admininstrative practice and

procedure, Postal Service

For the reasons stated in the

preamble, the Postal Rate Commission

amends 39 CFR part 3000 as follows:

PART 3000—STANDARDS OF

CONDUCT

The authority citation for part 3000

continues to read as follows:

Authority: 39 U.S.C. 3603; E.O. 12674, 54

FR 15159, 3 CFR, 1989 Comp., p. 215, as

modified by E.O. 12731, 56 FR 42547, 3 CFR,

1990 Comp., p. 306; 5 CFR parts 2634 and

2636.

Revise § 3000.735–103 to read as

follows:

§ 3000.735–103 Financial interests.

An employee shall not, either directly

or indirectly, have any financial interest

(whether by ownership of any stock,

bond, security, or otherwise) in any

entity or person whose interests may be

significantly affected by rates of postage,

fees for postage services, the

classification of mail, or the operation of

the Postal Service. This paragraph does

not proscribe interests in an entity or

person whose use of the mail is merely

an incidental or a minor factor in the

general conduct of its business.

[FR Doc. 01–14931 Filed 6–14–01; 8:45 am]

BILLING CODE 7710–FW–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52, 60, 61 and 62

[MT–001–0018a, MT–001–0019a, MT–001–

0020a, MT–001–0022a,MT–001–0023a; MT–

001–0031a; FRL–6994–9]

Approval and Promulgation of Air

Quality Implementation Plans;

Montana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action partially approving and partially

disapproving State Implementation Plan

(SIP) revisions submitted by the

Governor of Montana on September 19,

1997; December 10, 1997; April 14,

1999; December 6, 1999; and March 3,

2000. These revisions recodify and

modify the State’s air quality rules so

that they are consistent with Federal

requirements, minimize repetition in

the air quality rules, and clarify existing

provisions. In addition, we are also

approving into the SIP Yellowstone

County’s Local Regulation No.002—

Open Burning. Finally, we are also

announcing that we delegated the

authority for the implementation and

enforcement of the New Source

Performance Standards (NSPS) to the

State. EPA is either not acting on or

disapproving certain provisions of the

State’s air quality rules that should not

be in the SIP because they are not

generally related to attainment of the

National Ambient Air Quality Standards

(NAAQS) or they are inconsistent with

our SIP requirements. Finally, some

provisions of the rules will be acted on

at a later date. This action is being taken

under sections 110 and 111 of the Clean

Air Act.

DATES: This rule is effective on August

14, 2001 without further notice, unless

EPA receives adverse comment by July

16, 2001. If adverse comment is

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. The

NSPS delegation of authority to

Montana became effective on 5/16/2001.

ADDRESSES: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, Environmental Protection Agency

(EPA), Region 8, 999 18th Street, Suite

300, Denver, Colorado, 80202. Copies of

the documents relevant to this action

are available for public inspection

during normal business hours at the Air

and Radiation Program, Environmental

Protection Agency, Region 8, 999 18th

Street, Suite 300, Denver, Colorado,

80202 and copies of the Incorporation

by Reference material are available at

the Air and Radiation Docket and

Information Center, Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460. Copies of the

State documents relevant to this action

are available for public inspection at the

Montana Department of Environmental

Quality, Air and Waste Management

Bureau, 1520 E. 6th Avenue, Helena,

Montana 59620.

FOR FURTHER INFORMATION CONTACT:

Laurie Ostrand, EPA Region 8, (303)

312–6437.

SUPPLEMENTARY INFORMATION: For the

purpose of this document, we are giving

meaning to certain words as follows: (a)

The words ‘‘EPA,’’ ‘‘we,’’ ‘‘us’’ or ‘‘our’’

mean or refer to the United States

Environmental Protection Agency. (b)

The words State or Montana mean the

State of Montana unless the context

indicates otherwise. (c) The initials

MDEQ mean the Montana Department

of Environmental Quality.

I. What is the Purpose of this

Document?

In this document we are acting on five

SIP revisions, submitted by the

Governor of Montana on September 19,

1997; December 10, 1997; April 14,

1999; December 6, 1999; and March 3,

2000, which modify the Montana air

quality rules. The revisions were

necessary to make the rules consistent

with Federal requirements, minimize

repetition in the air quality rules, and

clarify existing provisions. This

document explains our action in

response to the five submittals.

The September 19, 1997 submittal is

a recodification (renumbering) of the

State air quality rules. The December 10,

1997 submittal updates the

incorporation by reference (IBR) of

various documents in the State air

quality rules. The April 14, 1999

submittal consists of various air quality

rule revisions the State made between

1995 to 1998 but which had not

previously been submitted to us. The

December 6, 1999 submittal revises the

State’s open burning rules and adopts

Yellowstone County’s Local Regulation

No.002—Open Burning. The March 3,

2000 submittal again updates the IBR of

various documents in the State’s rules

and corrects references to an EPA

Handbook for Air Pollution

Measurement Systems.

II. Is the State’s Submittal Approvable?

We reviewed the five submittals and

placed each rule (or section of a rule)

into a category based on the changes

32546 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

1When the State recodified its rules it

inadvertently made an error. ARM 17.8.401(1)(b)(v)

says ‘‘techniques under (b)(iii) above that increase

final exhaust gas plume rise . . .’’ This should read

‘‘techniques under (1)(a)(iii) above that increase

final exhaust gas plume rise . . .’’ The State must

correct this error in its next regulatory update.

2The recodification contains paragraphs ARM

17.8.705(1)(q), 17.8.708, and 17.8.733(1)(c)

(formerly ARM 16.8.1102(1)(q), 16.8.1121 and

16.8.1113(1)(c), respectively) that had been adopted

by the State on August 8, 1996 but had not been

submitted to us prior to the recodification

submittal. Revisions to ARM 17.8.705(1) and (2),

17.8.708 (repealed), and 17.8.733(1)(b) and (c) were

subsequently adopted by the State on May 14, 1999.

The August 8, 1996 and May 14, 1999 adopted

revisions were submitted to EPA on August 26,

1999. With this document we are not approving

ARM 17.8.705(1)(q), 17.8.708 and 17.8.733(1)(c)

submitted with the recodification. We are

addressing the August 26, 1999 submittal and these

recodified rules in a separate rulemaking action.

3 In the State definition of ‘‘baseline area,’’ ARM

17.8.801(3)(a), it reads ‘‘. . . equal to or greater than

1 g/m3 (annual average) . . .’’ This should read

‘‘. . . equal to or greater than 1 μg/m3 (annual

average) . . .’’ The State must correct this error in

its next regulatory update.

4When the State recodified its rules it

inadvertently made an error. ARM 17.8.1005(6)

refers to ‘‘17.8.905(6) through (8).’’ This should read

‘‘17.8.906(6) through (8).’’ The State must correct

this error in its next regulatory update.

that were made in the rule. The first

category (see II.A. below) consists of

those rules (or sections of rules) which

have been recodified; there are no

substantive changes in the text of the

rules. We are approving these recodified

rules. The second category (see II.B

below) consists of those rules (or

sections of rules) for which, in addition

to being recodified, the text of the rule

was modified. A discussion of whether

or not the text changes are approved or

disapproved is provided below. The

third category (see II.C. below) includes

those rules we cannot approve in the

SIP. A discussion of why these rules

cannot be approved in the SIP is

provided below. Finally, the fourth

category (see II.D. below) identifies

those rules that we will act on at a later

date.

A. Category 1

We are approving the following

sections of the Administrative Rules of

Montana (ARM) because the rules have

only been recodified; there are no

substantive changes in the text of the

rules. These recodified rules replace the

prior codified rules in the federally

approved SIP.

1. Sub-Chapter 1—General Provisions:

ARM sections 17.8.101 (except

17.8.101(40)(a)), 17.8.105(1),

17.8.110(3), 17.8.111, 17.8.130–131,

17.8.140–142;

2. Sub-Chapter 3—Emission

Standards: ARM sections 17.8.301,

17.8.304 (except 17.8.304(4)(f)),

17.8.308, 17.8.316, 17.8.320, 17.8.322–

323, 17.8.324 (except 17.8.324(1)(c) and

(2)(d)), 17.8.325–326, 17.8.330–331,

17.8.333–334;

3. Sub-Chapter 4—Stack Heights and

Dispersion Techniques 1: ARM 17.8.401

(except 17.8.401(4)(b), 17.8.402;

4. Sub-Chapter 6—Open Burning:

ARM sections 17.8.605, 17.8.614–615;

5. Sub-Chapter 7—Permit,

Construction, and Operation of Air

Contaminant Sources 2: ARM sections

17.8.701 (except 17.8.701(10)),

17.8.704(1), (3)–(5), 17.8.705(1)(a)–(n),

17.8.706–707, 17.8.710, 17.8.715–717,

17.8.730–732, 17.8.733 (except

(17.8.733(1)(c)), 17.8.734;

6. Sub-Chapter 8—Prevention of

Significant Deterioration 3: ARM

sections 17.8.801 (except

17.8.801(29)(a)), 17.8.804–809,

17.8.818–828;

7. Sub-Chapter 9—Permit

Requirements for Major Stationary

Sources or Major Modifications Locating

Within Non-attainment Areas: ARM

sections 17.8.901 (except 17.8.901(14)(c)

and 901(20)(a)), 17.8.904–906;

8. Sub-Chapter 10—Preconstruction

Permit Requirements for Major

Stationary Sources or Major

Modifications Locating Within

Attainment or Unclassified Areas: 4

ARM sections 17.8.1001, 17.8.1004–

1007; and

9. Sub-Chapter 11—Visibility Impact

Assessment: ARM sections 17.8.1101(2)

and (3), 17.8.1106(2), 17.8.1108,

17.8.1109(2) and (3), and 17.8.1110.

B. Category 2

The second category consists of those

rules (or sections of rules) for which, in

addition to being recodified, the text of

the rule has been modified. A

discussion of the modification to each

rule (or section of a rule) and whether

or not the text changes are approved or

disapproved is provided below. These

recodified and modified rules, that we

are approving, replace the prior codified

rules in the federally approved SIP.

1. Sub-Chapter 1—General Provisions:

(a) Definitions—ARM 17.8.101(40)(a)

On October 6, 1995, June 21, 1996 and

June 12, 1998, the State adopted

revisions to the definition of ‘‘volatile

organic compounds (VOC)’’ in ARM

17.8.101(40)(a) (formerly ARM

16.8.701(40)(a)). The State revised the

definition to coincide with revisions to

the federal definition. Since the

definition of VOC is consistent with our

definition we are approving ARM

17.8.101(40)(a) into the SIP.

(b) Incorporation by Reference—ARM

sections 17.8.102 and 17.8.103(1)–(4)

On June 21, 1996, the State adopted

revisions to its incorporation by

reference of documents and other

statutory references contained in the

State’s air quality rules, to update the

references to the July 1995 edition of the

Code of Federal Regulations (CFR), 1995

edition of the Montana Code Annotated

(MCA), 1993 edition of the United

States Code, and December 31, 1995

edition of the Administrative Rules of

Montana. With this revision, the State

deleted duplicative rules and combined

existing incorporation by references into

new rules. The State also made several

non-substantive amendments for

consistency, to delete unnecessary

language and to make the language in

the rules conform to current rule

drafting requirements. The following

sections of the rules were modified or

added: ARM 17.8.102 (formerly ARM

16.8.710) and ARM 17.8.103(1)–(4)

(formerly ARM 16.8.708(1)–(2)).

On August 22,1997, the State again

adopted updates to its incorporation by

reference section of the Administrative

Rules of Montana to specify additional

sources for obtaining federal material

incorporated by reference, and to

incorporate the July 1996 edition of the

CFR and the December 31, 1996 edition

of the Administrative Rules of Montana.

The following sections were revised:

ARM 17.8.102 and ARM 17.8.103(3).

On June 12, 1998, the State again

adopted revisions to incorporate the

July 1997 edition of the CFR, the 1997

edition of the MCA and the December

31, 1997 edition of the Administrative

Rules of Montana into ARM 17.8.102.

On September 24, 1999, the State

again adopted revisions to incorporate

the July 1998 edition of the CFR and the

December 31, 1998 edition of the

Administrative Rules of Montana into

ARM 17.8.102 and the reference to

EPA’s ‘‘Quality Assurance Handbook for

Air Pollution Measurement Systems’’

into ARM 17.8.103.

We are approving ARM sections

17.8.102 and 17.8.103(1)–(4) into the

SIP.

(c) Testing Requirements—ARM

17.8.105(2)

On June 21, 1996 the State adopted a

minor revision in ARM 17.8.105(2)

(formerly ARM 16.8.704(2)) to include a

reference to another State rule. In

addition, on June 21, 1996 the State

deleted and did not replace ARM

16.8.704(3). State rule ARM 16.8.704(3)

incorporated by reference 40 CFR part

51, Appendix P. This incorporation was

duplicative of ARM 16.8.708(1)(d) (now

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32547

ARM 17.8.103(1)(d)) which also

incorporated by reference 40 CFR part

51, Appendix P. We are approving the

revision of ARM 17.8.105(2) into the SIP

and the deletion of ARM 16.8.704(3)

from the SIP.

(d) Source Testing Protocol—ARM

17.8.106

On September 24, 1999 the State

adopted revisions to ARM 17.8.106 to

correct the reference to EPA’s ‘‘Quality

Assurance Handbook for Air Pollution

Measurement Systems.’’ We are

approving the revisions to ARM

17.8.106 into the SIP.

(e) Malfunctions—ARM 17.8.110(1), (2),

(4), (5), (6), and (7)

On October 6, 1995, the State adopted

revisions to its malfunction rule in ARM

17.8.110(7) (formerly ARM 16.8.705(7)).

The revised State rule allows a facility

to respond to a malfunction of

equipment on a temporary basis without

obtaining an air quality permit. Because

the revisions require that if the

temporary replacement equipment

constitutes a major stationary source

under sub-chapters 8, 9, and 10, then

the source must comply with the

requirements of the applicable subchapter, we believe the revision is

acceptable. In addition to the temporary

replacement revisions, on October 6,

1995 the State also made several

editorial and clarifying revisions in the

malfunction rule, ARM 17.8.110(1), (2),

(4), (5) and (6) (formerly ARM

16.8.705(1), (2), (4), (5) and (6)). We are

approving the revisions to ARM

17.8.110(1), (2), (4), (5), (6), and (7) into

the SIP.

2. Sub-Chapter 3—Emission Standards:

(a) Incorporation by Reference—ARM

17.8.302(1)–(4)

On May 19, 1995, the State adopted

revisions to add ARM 17.8.302(1)(b) and

(c) (formerly ARM 16.8.1429(2)(b) and

(c)). This revision pertains to revisions

in the Kraft Pulp Mill Rule, discussed in

section II.D.1 below.

On August 9, 1996 the State adopted

revisions reformatting the incorporation

by reference of documents in ARM

17.8.302(1)(a)–(h) and (2)–(4) and

adding ARM 17.8.302(1)(i) (formerly

ARM 16.8.1429(1)(a)–(h) and (2)–(4) and

16.8.1429(1)(i), respectively). State rule

ARM 17.8.302(1)(i) incorporates by

reference 40 CFR part 63.

On June 20, 1997, the State adopted

revisions to ARM 17.8.302(1) by adding

17.8.302(1)(j). State rule ARM

17.8.302(1)(j) incorporates by reference

40 CFR part 60, subpart Cc.

As indicated in the General

Provisions section II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. State rule ARM

17.8.302(3) was revised.

On June 12, 1998 the State adopted

more revisions to update the

incorporation by reference of documents

in ARM 17.8.302(1)(e) and (i). State rule

ARM 17.8.302(1)(e) was revised to

incorporate by reference our final rule

published on October 7, 1997 (62 FR

52399), entitled ‘‘Determination of Total

Fluoride Emissions from Selected

Sources of Primary Aluminum

Production Facilities.’’ State rule ARM

17.8.302(1)(i) was revised to incorporate

by reference our final rule published on

October 7, 1997 (62 FR 52407), entitled

‘‘National Emission Standards for

Hazardous Air Pollutants from Primary

Reduction Facilities.’’

On November 6, 1998 the State

adopted revisions to ARM 17.8.302(1)

by adding 302(1)(k). State rule ARM

17.8.302(1)(k) incorporates by reference

40 CFR part 60, subpart Ce.

On September 24, 1999, the State

adopted more revisions to ARM

17.8.302(1) to remove superfluous

language since a more current version of

the CFR is being incorporated

elsewhere. As a result, the September

24, 1999 revision deleted some of the

prior adopted revisions mentioned

above.

We are approving the ARM

17.8.302(1)–(4) into the SIP.

(b) Visible Air Contaminants—ARM

17.8.304(4)(f)

On May 19, 1995, the State adopted

revisions to its rules by adding ARM

17.8.304(4)(f) (formerly 16.8.1404(4)(f)).

This pertains to opacity from recovery

furnaces at Kraft Pulp Mills. As

indicated in section II.D.1 below, we

will act on the revisions pertaining to

the Kraft Pulp Mill Rule at a later date.

Therefore, we are not approving ARM

17.8.304(4)(f) into the SIP at this time.

(c) Fuel Burning—ARM 17.8.309 and

ARM 17.8.310

On October 6, 1995, the State adopted

revisions to the particulate emission

limits for fuel burning equipment and

industrial processes (ARM 17.8.309 and

17.8.310, formerly, ARM 16.8.1402 and

16.8.1403, respectively). The State rewrote and re-formatted the provisions in

ARM 17.8.309(1) and (2) (formerly ARM

16.8.1402(1) and (2)) and ARM

17.8.310(1) and (2) (formerly ARM

16.8.1403(1) and (2)). We believe the

revisions to these sections do not

change the stringency of the rule and are

approving them. However, the State

added provisions to the rules with ARM

17.8.309(5) and 17.8.310(3)(e) (formerly

ARM 16.8.1402(5) and ARM

16.8.1403(3)(e)). State rules ARM

17.8.309(5)(b) and 17.8.310(3)(e)

provide an exception that the rules do

‘‘ * * * not apply to particulate matter

emitted from * * * sources constructed

after March 16, 1979, that have a

specific particulate emission limitation

contained in an air quality

preconstruction permit obtained under

ARM Title 17, Chapter 8, subchapter 7,

a court order, board order or department

order, or a process specific rule.’’ We

interpret this language as allowing terms

of a construction permit to override a

requirement that has been approved as

part of the SIP. We cannot approve this

part of the provision into the SIP, as it

would allow the State to change a SIP

requirement through the issuance of a

permit. Pursuant to section 110 of the

Act, to change a requirement of the SIP,

the State must adopt a SIP revision and

obtain our approval of the revision.

Alternatively, EPA’s March 5, 1996

‘‘White Paper Number 2 for Improved

Implementation of the part 70 Operating

Permits Program’’ explains how States

can streamline multiple applicable

requirements for the same emission unit

under the part 70 permit process. Such

process must ensure that the

streamlined emission limit is at least as

stringent as all applicable emission

limits for an emissions unit. This

streamlining can only be allowed

through the part 70 permit process, in

which we have the opportunity to

review the streamlined requirements

and the ability to veto the part 70 permit

if the streamlined requirement is not as

stringent as each separate applicable

requirement. Because we do not have

veto authority under the Prevention of

Significant Deterioration (PSD) or minor

source permitting programs, we do not

allow the State to streamline

requirements through either of those

construction permitting programs.

Therefore, we are approving ARM

17.8.309 and ARM 17.8.310 into the SIP,

except that we are disapproving ARM

17.8.309(5)(b) and 17.8.310(3)(e).

(d) Hydrocarbon Emissions, Petroleum

Products—ARM 17.8.324(1)(c) and

(2)(d)

On December 6, 1996, the State

adopted a new numbering system for

the air rules. We are not approving of

ARM 17.8.324(1)(c) and (2)(d) (formerly

ARM 16.8.1425(1)(c) and (2)(d),

respectively). We previously

disapproved these rules under the prior

codification. See July 18, 1995 (60 FR

36768) notice and 40 CFR 52.1384(c).

Our prior disapproval also applies to the

new codification. We are modifying 40

CFR 52.1384(c) accordingly.

32548 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

(e) Emission Standards for Existing

Aluminum Plants—Standards for

Visible Emissions—ARM 17.8.332

As indicated in the General

Provisions section II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to its incorporation by

reference of documents. State rule ARM

17.8.332(1) (formerly ARM 16.8.1503(1))

was modified and ARM 16.8.1503(2)

was deleted. State rule ARM

16.8.1503(2) incorporated by reference

method 9 of appendix A of 40 CFR part

60. This was duplicative of the

incorporation by reference material

being added with ARM 16.8.1507(1)(a).

On November 7, 1996 the state repealed

ARM 16.8.1507 because, with the

recodification of the rules, subchapters

14 and 15 were combined, making ARM

16.8.1507 unnecessary since subchapter

14 already had a rule incorporating by

reference the same documents being

incorporated in subchapter 15.

Therefore, the material incorporated by

reference in ARM 16.8.1503(2) is now

incorporated by reference at ARM

17.8.302(1)(b). We are approving the

revision of ARM 17.8.332 into the SIP

and the deletion of ARM 16.8.1503(2)

from the SIP.

3. Sub-Chapter 4—Stack Heights and

Dispersion Techniques: ARM

17.8.401(4)(b) and 17.8.403(1)

(a) Minor Corrections

On January 20, 1995, the State

adopted revisions to several sections of

the stack height rules to update

incorrect citations. The following rules

were revised: ARM 17.8.401(4)(b) and

17.8.403(1) (formerly, ARM

16.8.1204(4)(b) and 16.8.1206(1),

respectively). We are approving ARM

17.8.401 and 17.8.403 into the SIP.

4. Sub-Chapter 6—Open Burning:

(a) Incorporation by Reference and

Minor Changes—ARM sections

17.8.602, 17.8.604 and 17.8.612(6)

On January 20, 1995, the State

adopted revisions to its Open Burning

Rules (ARM 17.8.604 and 17.8.612(6)

(formerly ARM 16.8.1302 and

16.8.1307(6), respectively)). The State

revised the rules to correct incorrect

wording, insert a missing rule reference

and correct a reference to the Division.

As indicated in the General

Provisions section in II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to its incorporation by

reference of documents. The following

sections were modified: ARM 17.8.602

(formerly ARM 16.8.1311) and ARM

17.8.604(1)–(2) (formerly ARM

16.8.1302(1)–(3)).

As indicated in the General

Provisions section in II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. State rule ARM

17.8.602(3) was revised

On July 2, 1999, the State revised

ARM 17.8.612(6) to update the MDEQ’s

telephone number.

We are approving ARM sections

17.8.602, 17.8.604 and 17.8.612(6) into

the SIP.

(b) Open Burning Eastern Montana—

ARM sections 17.8.601 and 17.8.606

On October 6, 1995 the State adopted

revisions to its Open Burning Rules

(ARM 17.8.601 and 17.8.606 (formerly

ARM 16.8.1301 and 16.8.1303,

respectively)). The revisions allow

minor open burners in eastern Montana

to conduct essential agricultural open

burning and prescribed wildland open

burning without a permit during

December, January and February if they

notify the department prior to the

burning. Prior to these changes, minor

open burners in eastern Montana had to

request department permission to

conduct such open burning. We are

approving the revisions to the open

burning rule because we do not believe

the revisions will jeopardize existing

particulate matter (particulate matter

with an aerodynamic diameter less than

or equal to a nominal 10 micrometers

(PM–10)) nonattainment areas or

interfere with attainment and

maintenance of the PM–10 NAAQS or

increment in Montana. All but one of

the State’s PM–10 nonattainment areas

are in the western region of the State.

Although there is one PM–10

nonattainment area in the eastern

Montana open burning zone, the

difference in the geography and weather

patterns of the eastern part of the State

should assure that the revisions made in

the open burning rule will not

jeopardize this one PM–10

nonattainment area. For these same

reasons, we believe these rule changes

will not interfere with attainment and

maintenance of the PM–10 NAAQS or

increment in Montana. Therefore, we

are approving ARM 17.8.601 and

17.8.606 into the SIP.

(c) Other Revisions to Open Burning

Rule—ARM sections 17.8.601, 17.8.606,

17.8.610, 17.8.611, 17.8.612, 17.8.613

On July 2, 1999, the State adopted

revisions to the Open Burning Rules

(ARM 17.8.601, 17.8.606, 17.8.610,

17.8.611, 17.8.612, 17.8.613). The

revisions (1) update the MDEQ’s

telephone number; (2) remove reference

to the national weather service office as

a source of forecasts of ventilation

conditions and in its place indicate that

ventilation conditions may be obtained

from MDEQ; (3) allow open burning

permits to be issued for periods other

than one year; and (4) require additional

information be submitted for emergency

open burning permits.

We are approving the revisions to

ARM 17.8.601, 17.8.606, 17.8.610,

17.8.611, 17.8.612, and 17.8.613,

adopted on July 2, 1999, into the SIP.

5. Sub-Chapter 7—Permit, Construction,

and Operation of Air Contaminant

Sources:

(a) Definition and IBR—ARM 17.8.701

and ARM 17.8.702

On August 8, 1996, the State adopted

a definition for ‘‘negligible risk’’ (ARM

17.8.701(10), formerly ARM

16.8.1101(10)) and updated the

incorporation by references in ARM

17.8.702 (formerly ARM 16.8.1120). As

indicated in an April 5, 2000 letter from

the State to EPA, the definition of

‘‘negligible risk,’’ at ARM 17.8.701(10)

and a document incorporated by

reference in ARM 17.8.702(1)(f) were

not intended to be incorporated into the

SIP.

As indicated in the General

Provisions section in II.B.1(b) above, on

August 22, 1997, the State adopted

updates to its incorporation by reference

of documents. State rule ARM

17.8.702(3) was revised.

We are approving ARM 17.8.702

(except for ARM 17.8.702(1)(f)) into the

SIP. We are not approving ARM

17.8.701(10) nor ARM 17.8.702(1)(f) into

the SIP.

(b) Minor Corrections ARM 17.8.704(2),

17.8.705(1)(o), 17.8.720(2)

On January 20, 1995, the State

adopted revisions to several sections of

the permitting rules to clarify the rules

and update incorrect citations. The

following rules were revised: ARM

17.8.704(2), 17.8.705(1)(a), 17.8.720(2))

(formerly, ARM 16.8.1119(2),

16.8.1102(1)(o), and 16.8.1107(2),

respectively). We are approving ARM

17.8.704(2), 17.8.705(1)(o), and

17.8.720(2) into the SIP.

(c) Malfunctions—ARM 17.8.705(1)(p)

On October 6, 1995, the State adopted

revisions to its permitting rule (in ARM

17.8.705(1)(p) (formerly ARM

16.8.1102(1)(p)) to coincide with

revisions to its malfunction rule. As

discussed in section II.B.1(e) above, we

believe the revision to the malfunction

rule is acceptable. Therefore, we are

approving ARM 17.8.705(1)(p) into the

SIP.

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32549

(d) Public Review of Permit

Application—ARM 17.8.720

On April 12, 1996, the State adopted

revisions to ARM 17.8.720 (formerly

ARM 16.8.1107) to allow an applicant to

request an extension of the 60-day

deadline for the department to issue a

permit; to allow the department more

time to issue a permit; to correct

grammatical and citations in the rule;

and to improve clarity of the rule. We

are approving ARM 17.8.720 into the

SIP.

6. Sub-Chapter 8—Prevention of

Significant Deterioration:

(a) Definitions—ARM 17.8.801(29)(a)

On October 6, 1995, June 21, 1996 and

June 12, 1998 the State adopted

revisions to the definition of ‘‘volatile

organic compounds (VOC)’’ in ARM

17.8.801(29)(a) (formerly

16.8.945(29)(a)). The State revised the

definition to coincide with revisions to

the federal definition. Since the

definition of VOC is consistent with our

definition, we are approving ARM

17.8.801(29)(a) into the SIP.

(b) Incorporation by Reference—ARM

17.8.802

As indicated in the General

Provisions section II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to its incorporation by

reference of documents. State rule ARM

17.8.802 (formerly ARM 16.8.946) was

revised.

As indicated in the General

Provisions section II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. State rules

ARM 17.8.802(1)(g) and (3) were

revised.

We are approving ARM 17.8.802 into

the SIP.

7. Sub-Chapter 9—Permit Requirements

for Major Stationary Sources or Major

Modifications Locating Within Nonattainment Areas:

(a) Definitions—ARM 17.8.901(20)(a)

On October 6, 1995, June 21, 1996 and

June 12, 1998 the State adopted

revisions to the definition of ‘‘volatile

organic compounds (VOC)’’ in ARM

17.8.901(20)(a) (formerly ARM

16.8.1701(20)(a). The State revised the

definition to coincide with revisions to

the federal definition. Since the

definition of VOC is consistent with our

definitions, we are approving ARM

17.8.901(20)(a) into the SIP.

(b) Incorporation by Reference—ARM

sections 17.8.901(14)(c) and

17.8.902(1)–(5)

As indicated in the General

Provisions section II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to its incorporation by

reference of documents. The following

sections were modified: ARM

17.8.901(14)(c) (formerly

16.8.1701(14)(c)) and ARM 17.8.902(1)–

(5) (formerly ARM 16.8.1702(1)–(2)).

As indicated in the General

Provisions section II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. State rule ARM

17.8.902(3) was revised.

We are approving ARM

17.8.901(14)(c) and 17.8.902 into the

SIP.

8. Sub-Chapter 10—Preconstruction

Permit Requirements for Major

Stationary Sources or Major

Modifications Locating Within

Attainment or Unclassified Areas:

(a) Incorporation by Reference—ARM

17.8.1002

As indicated in the General

Provisions section II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to its incorporation by

reference of documents. State rule ARM

17.8.1002(1)–(5) (formerly ARM

16.8.1802(1)–(2)) was revised.

As indicated in the General

Provisions section II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. State rule ARM

17.8.1002(3) was revised.

We are approving ARM 17.8.1002 into

the SIP.

(b) Minor Corrections: ARM sections

17.8.1004 and 17.8.1005

On January 20, 1995, the State

adopted revisions to several sections of

the permitting rules to clarify the rules

and update incorrect citations. The

following rules were revised: ARM

17.8.1004 and 17.8.1005 (formerly, ARM

16.8.1803 and 16.8.1804, respectively).

We are approving ARM 17.8.1004 and

17.8.1005 into the SIP.

9. Sub-Chapter 11—Visibility Impact

Assessment:

(a) Incorporation by Reference—ARM

17.8.1102, 1103 and 1107

As indicated in the General

Provisions section II.B.1(b) above, on

June 21, 1996 the State adopted

revisions to is incorporation by

reference of documents. The following

sections were modified: ARM 17.8.1102

(formerly ARM 16.8.1009); ARM

17.8.1103(1) (formerly ARM 16.8.1001)

and ARM 17.8.1107(1) (formerly ARM

16.8.1004(1)).

As indicated in the General

Provisions section II.B.1(b) above, on

August 22, 1997, the State again

adopted updates to its incorporation by

reference of documents. The following

sections were revised: ARM

17.8.1102(1)(b) and (3).

Because of the reformatting of the

incorporation by reference of

documents, on June 21, 1996 the State

deleted and did not replace the

following sections: ARM 16.8.1001(2)

and 16.8.1004(2).

We are approving ARM 17.8.1102,

1103 and 1107 into the SIP and the

deletion of ARM 16.8.1001(2) and

16.8.1004(2) from the SIP.

(b) Minor Corrections—ARM

17.8.1101(1), 17.8.1103(1), 17.8.1106(1),

17.8.1109(1), and 17.8.1111

On January 20, 1995 the State adopted

revisions to several sections of the

visibility rules to update incorrect

citations. The following rules were

revised: ARM 17.8.1101(1),

17.8.1103(1), 17.8.1106(1), 17.8.1109(1),

and 17.8.1111 (formerly, ARM

16.8.1002(1), 16.8.1001(1), 16.8.1003(1),

16.8.1006(1), and 16.8.1008,

respectively). We are approving ARM

17.8.1101(1), 17.8.1103(1), 17.8.1106(1),

17.8.1109(1), and 17.8.1111 into the SIP.

C. Category 3

We cannot approve certain types of

rules into the SIP. A listing of each rule

(or section of a rule) we are not

approving in the SIP and a discussion

of why we believe we can not approve

that rule into the SIP is provided below:

1. Sub-Chapter 3—Emission Standards:

(a) Odors—ARM 17.8.315

We believe we have no legal basis in

the Act for approving Montana’s odor

control rule ARM 17.8.315 (formerly

ARM 16.8.1427) and making it Federally

enforceable because odor control

provisions are not generally related to

attainment or maintenance of the

National Ambient Air Quality Standards

(NAAQS). Therefore, we are not taking

action to incorporate ARM 17.8.315 into

the SIP.

(b) Standard of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources—ARM

17.8.340(1) through (3)

ARM 17.8.340(1) through (3)

(formerly ARM 16.8.1423(1) through (3))

is the rule the State uses to implement

our new source performance standards

(NSPS) in 40 CFR part 60. On May 16,

2001, we issued a letter delegating the

32550 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

responsibility for all sources located, or

to be located, in the State of Montana

subject to the NSPS promulgated in 40

CFR part 60. The categories of new

stationary sources covered by this

delegation are all NSPS subparts in 40

CFR part 60, as in effect on July 1, 1998,

except the subparts Cb, Cc, Cd and Ce.

Given that the State now has delegation

of authority for NSPS in 40 CFR part 60,

pursuant to 110(k)(6) of the Act, we are

removing the old codification ARM

16.8.1423(1) through (3) from the SIP

and not approving the new codification

of ARM 17.8.340(1) through (3) into the

SIP. We are updating the table in 40

CFR 60.4(c) to indicate that the 40 CFR

part 60 NSPS are now delegated to the

State and revising EPA’s address and

Montana’s and other States’ agency

name and address in 40 CFR 60.4(a) and

(b)(BB), (b)(JJ) and (b)(TT). The May 16, 2001 letter of delegation

to the State follows:

Honorable Judy Martz, Governor of Montana,

State Capitol, Helena, Montana

59620–0801. 

Dear Governor Martz: On March 3, 2000

the State submitted a revision to the New

Source Performance Standards (NSPS) rules

in the Administrative Rules of Montana

(ARM) 17.8.340. Specifically, the State

revised its NSPS to incorporate the Federal

NSPS in effect as of July 1, 1998.

Subsequent to States adopting NSPS

regulations, EPA delegates the authority for

the implementation and enforcement of those

NSPS, so long as the State’s regulations are

equivalent to the Federal regulations. EPA

reviewed the pertinent statutes and

regulations of the State of Montana and

determined that they provide an adequate

and effective procedure for the

implementation and enforcement of the

NSPS by the State of Montana. Therefore,

pursuant to Section 111(c) of the Clean Air

Act (Act), as amended, and 40 CFR part 60,

EPA hereby delegates its authority for the

implementation and enforcement of the

NSPS to the State of Montana as follows:

(A) Responsibility for all sources located,

or to be located, in the State of Montana

subject to the standards of performance for

new stationary sources promulgated in 40

CFR part 60. The categories of new stationary

sources covered by this delegation are all

NSPS subparts in 40 CFR part 60, as in effect

on July 1, 1998. Note this delegation does not

include the emission guidelines in subparts

Cb, Cc, Cd, and Ce. These subparts require

state plans which are approved under a

separate process pursuant to Section 111(d)

of the Act.

(B) Not all authorities of NSPS can be

delegated to States under Section 111(c) of

the Act, as amended. The EPA Administrator

retains authority to implement those sections

of the NSPS that require: (1) Approving

equivalency determinations and alternative

test methods, (2) decision making to ensure

national consistency, and (3) EPA rulemaking

to implement. Therefore, of the NSPS of 40

CFR part 60 being delegated in this letter, the

enclosure lists examples of sections in 40

CFR part 60 that cannot be delegated to the

State of Montana.

(C) As 40 CFR part 60 is updated, Montana

should revise its regulations accordingly and

in a timely manner and submit to EPA

requests for updates to its delegation of

authority.

This delegation is based upon and is a

continuation of the same conditions as those

stated in EPA’s original delegation letter of

May 18, 1977, to the Honorable Thomas L.

Judge, then Governor of Montana, except that

condition 6, relating to Federal facilities, was

voided by the Clean Air Act Amendments of

1977. Please also note that EPA retains

concurrent enforcement authority as stated in

condition 3. In addition, if at any time there

is a conflict between a State and Federal

NSPS regulation, the Federal regulation must

be applied if it is more stringent than that of

the State, as stated in condition 9. EPA

published its May 18, 1977 delegation letter

in the notices section of the September 6,

1977 Federal Register (42 FR 44573), along

with an associated rulemaking notifying the

public that certain reports and applications

required from operators of new or modified

sources shall be submitted to the State of

Montana (42 FR 44544). Copies of the

Federal Register notices are enclosed for

your convenience.

Since this delegation is effective

immediately, there is no need for the State

to notify the EPA of its acceptance. Unless

we receive written notice of objections from

you within ten days of the date on which you

receive this letter, the State of Montana will

be deemed to accept all the terms of this

delegation. EPA will publish an information

notice in the Federal Register in the near

future to inform the public of this delegation,

in which this letter will appear in its entirety.

If you have any questions on this matter,

please contact me or have your staff contact

Richard Long, Director of our Air and

Radiation Program, at (303) 312–6005.

Sincerely yours,

Jack W. McGraw

Acting Regional Administrator

Enclosures

cc: Jan Sensibaugh, Director, Montana

Department of Environmental Quality,

John Wardell, 8MO, Enclosure to Letter

Delegating NSPS in 40 CFR part 60,

Effective Through July 1, 1998, to the

State of Montana

EXAMPLES OF AUTHORITIES IN 40 CFR

PART 60 WHICH CANNOT BE DELEGATED

40 CFR

Subparts Section(s)

A .............. 60.8(b)(2) and (b)(3), and those

sections throughout the standards that reference 60.8(b)(2)

and (b)(3); 60.11(b) and (e).

Da ............ 60.45a.

Db ............ 60.44b(f), 60.44b(g) and

60.49b(a)(4).

Dc ............ 60.48c(a)(4).

Ec ............ 60.56c(i), 60.8

J ............... 60.105(a)(13)(iii) and

60.106(i)(12).

Ka ............ 60.114a.

Kb ............ 60.111b(f)(4), 60.114b,

60.116b(e)(3)(iii),

60.116b(e)(3)(iv), and

60.116b(f)(2)(iii).

O .............. 60.153(e).

S .............. 60.195(b).

DD ........... 60.302(d)(3).

GG ........... 60.332(a)(3) and 60.335(a).

EXAMPLES OF AUTHORITIES IN 40 CFR

PART 60 WHICH CANNOT BE DELEGATED—Continued

40 CFR

Subparts Section(s)

VV ............ 60.482–1(c)(2) and 60.484.

WW .......... 60.493(b)(2)(i)(A) and

60.496(a)(1).

XX ............ 60.502(e)(6)

AAA ......... 60.531, 60.533, 60.534, 60.535,

60.536(i)(2), 60.537, 60.538(e)

and 60.539.

BBB ......... 60.543(c)(2)(ii)(B).

DDD ......... 60.562–2(c).

GGG ........ 60.592(c).

III .............. 60.613(e).

JJJ ........... 60.623.

KKK ......... 60.634.

NNN ......... 60.663(e).

QQQ ........ 60.694.

RRR ......... 60.703(e).

SSS ......... 60.711(a)(16), 60.713(b)(1)(i)

and (ii), 60.713(b)(5)(i),

60.713(d), 60.715(a) and

60.716.

TTT .......... 60.723(b)(1), 60.723(b)(2)(i)(C),

60.723(b)(2)(iv), 60.724(e) and

60.725(b).

VVV ......... 60.743(a)(3)(v)(A) and (B),

60.743(e), 60.745(a) and

60.746.

WWW ...... 60.754(a)(5).

(d) Standard of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources—

Municipal Solid Waste Landfill

Facilities—ARM 17.8.340(4)

On June 20, 1997, the State adopted

rules for Municipal Solid Waste Landfill

Facilities. We believe we have no legal

basis in the Act for approving Montana’s

rule for Municipal Solid Waste Landfill

Facilities, ARM 17.8.340(4), into the SIP

because these rules are not generally

related to attainment or maintenance of

the NAAQS. Therefore, we are not

taking action to incorporate ARM

17.8.340(4) into the SIP. However, on

July 8, 1998 (63 FR 36858), we did

approve these rules as meeting section

111(d) of the Act. See 40 CFR 62.6600–

6602.

(e) Standard of Performance for New

Stationary Sources and Emission

Guidelines for Existing Sources—

Hospital/Medical/Infectious Waste

Incinerator Facilities—ARM 17.8.340(5)

On October 16, 1998, the State

adopted rules for Hospital/Medical/

Infectious Waste Incinerator Facilities.

We believe we have no legal basis in the

Act for approving Montana’s rule for

Hospital/Medical/Infectious Waste

Incinerator Facilities, ARM 17.8.340(5),

into the SIP because these rules are not

generally related to attainment or

maintenance of the NAAQS. Therefore,

we are not taking action to incorporate

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32551

ARM 17.8.340(5) into the SIP. However,

on June 22, 2000 (65 FR 38732), we did

approve these rules as meeting section

111(d) of the Act. See 40 CFR 62.6610–

6612.

(f) Emission Standards for Hazardous

Air Pollutants—ARM 17.8.341

ARM 17.8.341 (formerly ARM

16.8.1424) is the rule the State uses to

implement our national emission

standards for hazardous air pollutants

(NESHAPs) regulations in 40 CFR part

61. On May 16, 2000, we issued a letter

indicating that we were delegating the

authority of 40 CFR part 61 to the State.

Given that the State now has delegation

of authority for NESHAPs in 40 CFR

part 61, pursuant to 110(k)(6) of the Act,

we are removing the old codification

ARM 16.8.1424 from the SIP and not

approving the new codification of ARM

17.8.341 into the SIP. We are updating

the table in 40 CFR 61.04(c)(8) to

indicate that the 40 CFR part 61

NESHAPs are now delegated to the State

and revising EPA’s address and

Montana’s and other States’ agency

name and address in 40 CFR 61.04(a)

and (b)(G), (b)(BB), (b)(JJ), (b)(TT) and

(b)(ZZ).

(g) Emission Standards for Hazardous

Air Pollutants for Source Categories—

ARM 17.8.342

On August 9, 1996, the State adopted

ARM 17.8.342 (formerly ARM

16.8.1431) for the Maximum Achievable

Control Technology (MACT) standards

(i.e., 40 CFR part 63). We believe we

have no legal basis in the Act for

approving Montana’s MACT rules into

the SIP because these rules are not

generally related to attainment or

maintenance of the NAAQS. Therefore,

we are not taking action to incorporate

ARM 17.8.342 into the SIP. However, on

May 16, 2000, we issued a letter

indicating that we were delegating the

authority of 40 CFR part 63 to the State.

(h) Air Quality Operating Permit

Program Applicability—ARM 17.8.1204.

On January 20, 1995, the State

adopted revisions to ARM 17.8.1204

(formerly ARM 16.8.2004) and the

Governor of Montana submitted these

revisions on April 14, 1999. Subchapter

12 pertains to the Operating Permit

Program. We believe we have no legal

basis in the Act for approving any of the

provisions of the operating permit

program into the SIP. Therefore, we are

not taking action to incorporate ARM

17.8.1204 into the SIP. However, we

fully approved Montana’s Title V

program on December 22, 2000, 65 FR

80785.

D. Category 4

Category 4 consists of those rules that

we will act on at a later date.

(1) On April 14, 1999, the Governor of

Montana submitted revisions to the

Incorporation by Reference Rule, Visible

Air Contaminant Rule and Kraft Pulp

Mill Rule (ARM 17.8.302(1)(b) and (c),

17.8.304(4)(f) and 17.8.321 (formerly

ARM 16.8.1429(2)(b) and (c),

16.8.1404(4)(f) and 16.8.1413,

respectively)) which had been adopted

by the State on May 19, 1995 and

December 11, 1998. The revisions to the

Kraft Pulp Mill Rule were adopted both

prior to and after the air quality rules

were recodified. As discussed earlier in

section II.B.2(a), we are approving the

revisions to ARM 17.8.302(1). We will

act on the revisions and the

recodification of ARM 17.8.304(4)(f) and

17.8.321 at a later date. These revisions

are not being approved as part of SIP at

this time. The prior codified Kraft Pulp

Mill Rule, ARM 16.8.1413, effective

December 13, 1972, remains in the SIP.

(2) On December 8, 1997, the

Governor of Montana submitted

revisions to the Incinerator Rule, ARM

17.8.316, which were adopted by the

State on June 11, 1997. The revisions to

the Incinerator rule were adopted after

the recodification of the air quality

rules. We are approving the

recodification, as indicated in Section

II.A.2 above, but we will act on the June

11, 1997 revisions to the Incinerator

Rule at a later date.

(3) The September 19, 1997 submittal

contained Sub-Chapter 13, Conformity.

We will act on the Conformity subchapter at a later date.

(4) The September 19, 1997

recodification contains paragraphs ARM

17.8.705(1)(q), 17.8.708, and

17.8.733(1)(c) (formerly ARM

16.8.1102(1)(q), 16.8.1121 and

16.8.1113(1)(c), respectively) that had

been adopted by the State on August 8,

1996 but had not been submitted to us

prior to the recodification. Revisions to

ARM 17.8.705(1) and (2), 17.8.708

(repealed), and 17.8.733(1)(b) and (c)

were subsequently adopted by the State

on May 14, 1999. The August 8, 1996

and May 14, 1999 adopted revisions

were submitted to EPA on August 26,

1999. With this document we are not

approving ARM 17.8.705(1)(q), 17.8.708

and 17.8.733(1)(c), which were

submitted with the recodification. We

are addressing the August 26, 1999

submittal along with these recodified

rules in a separate rulemaking action.

III. Miscellaneous Issues

(1) On June 21, 1996, the State

repealed ARM 16.8.1419, Fluoride

Emissions—Phosphate Processing.

Previously we had incorporated this

provision into the Federally approved

SIP. Since fluoride emissions are not

generally related to attainment or

maintenance of the NAAQS, we are

approving the deletion of ARM

16.8.1419 from the SIP. In a February

14, 2001 letter, the State indicated that

ARM 16.8.1419 was not developed to

satisfy the Clean Air Act section 111(d)

requirements and that there are no

phosphate fertilizer plants in Montana

that meet the definition of affected

facility under any of the 40 CFR part 60,

subparts T, U, V, W or X, and that there

are no phosphate fertilizer plants in

Montana that meet the definition of

affected facility under any of the

subparts T, U, V, W, or X, constructed

before October 22, 1974, and that have

not reconstructed or modified since

1974. We are revising 40 CFR Part 62,

Subpart BB to indicate that Montana has

certified that it has no such sources.

(2) On November 7, 1996, the State

repealed ARM 16.8.301, Standing

(pertaining to a rehearing before the

Board), because it merely refers the

reader to existing statutory

requirements, and ARM 16.8.401–404,

Emergency Procedures (pertaining to

Board hearings on emergency orders of

the department), because most of the

provisions repeat statutory language.

Previously we had incorporated these

provisions into the Federally approved

SIP. Since these provisions are not

generally related to attainment or

maintenance of the NAAQS, we are

approving the deletion of ARM 16.8.301

and 16.8.401–404 from the SIP.

(3) On November 7, 1996, the State

repealed ARM 16.8.1104, Existing

Sources and Stacks—Permit Application

Requirements (requiring existing source

constructed after November 23, 1968, to

apply for an air quality permit), because

the State believed the rule was no longer

necessary; all such facilities have either

applied for an air quality permit or have

altered the facility in a manner that

would require an air quality permit

under other provisions of the

department’s air quality rules.

Previously we had incorporated ARM

16.8.1104 into the Federally approved

SIP. We agree with the State’s

assessment and are approving the

deletion of ARM 16.8.1104 from the SIP.

(4) The April 14, 1999 submittal

contained rule ARM 17.4.101 pertaining

to alternative public hearing procedures.

According to the State’s April 5, 2000

letter to EPA, the State will be

rescinding this rule. We are not acting

on rule ARM 17.4.101.

(5) The State’s September 19, 1997

submittal also contained the State

32552 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

Emergency Episode Avoidance Plan

(EEAP). The same EEAP was submitted

on July 8, 1997. We approved the July

8, 1997 submittal on December 6, 1999

(64 FR 68034). Since the September 19,

1997 EEAP merely duplicates the July 8,

1997 EEAP, and we have already

approved the July 8, 1997 EEAP, we are

not acting on the September 19, 1997

submittal.

(6) On August 22, 1997, the Board

revised ARM 17.8.1202 (formerly ARM

16.8.2003). The Governor’s April 14,

1999 letter requested that ARM

17.8.1202 be rescinded. Subchapter 12

pertains to the Operating Permit

Program. We have no legal basis in the

Act for approving any of the provisions

of the operating permit program into the

SIP. However, on October 23, 1996 (61

FR 54946) we inadvertently

incorporated ARM 16.8.2003 (now ARM

17.8.1202) into the SIP. Since approval

of ARM 16.8.2003 into the SIP was in

error, we are removing ARM 16.8.2003

from the SIP pursuant to section

110(k)(6) of the Act. Also, we fully

approved Montana’s Title V program on

December 22, 2000, 65 FR 80785.

(7) On December 6, 1999, the

Governor of Montana submitted a

regulation from the Yellowstone County

Air Pollution Control (YCAPC) program.

The submittal consists solely of

Regulation No. 002—Open Burning

Restrictions. We believe it is appropriate

to incorporate local air pollution control

programs in the SIP if the program is

needed for attainment and maintenance

of any National Ambient Air Quality

Standard (NAAQS). The State’s Group II

PM–10 SIP relies on many rules,

including the State’s open burning

rules, to assure maintenance of the PM–

10 NAAQS. We approved the Group II

PM–10 SIP on January 20, 1994 (59 FR

2988). By approving the YCAPC’s

Regulation No. 002, the State has given

Yellowstone County the responsibility

to ensure that State open burning rules

are met. Since the County is

implementing measures that the State is

relying upon to assure that the PM–10

SIP NAAQS are maintained, we believe

it is appropriate to incorporate the

county rules in the SIP. In addition,

including the county rules in the SIP

will make the county-issued open

burning permits federally enforceable,

further assuring the effectiveness of the

PM–10 plan.

On December 23, 1992, then Montana

Governor Stan Stephens submitted a SIP

revision regarding the YCAPC major

rule revisions. To date we have not

acted on the December 23, 1992

submittal. The December 6, 1999 letter

from Governor Marc Racicot indicates

that the recent modifications to the

YCAPC’s program supercede the 1992

submittal and, therefore, rescinds the

December 23, 1992 submittal.

Accordingly, we are acting to approve

the December 6, 1999 submittal of the

YCAPC open burning program.

IV. Final Action

We are approving the revisions and

recodification to the Administrative

Rules of Montana submitted by the

Governor on September 19, 1997,

December 10, 1997, April 14, 1999

December 6, 1999 and March 3, 2000

except for the following provisions that

we are not acting on, disapproving, or

will act upon at a later date. The

recodification and revisions that we are

approving replace the prior SIP

approved regulations (except that the

Kraft Pulp Mill Rule, ARM 16.8.1413,

effective 12/13/72, remains in the

approved SIP). We are also approving

into the SIP Yellowstone County’s Local

Regulation No.002—Open Burning. The

provisions that we are not acting on

because these rules are not appropriate

to be in the SIP or because the State

does not want them in the SIP include:

ARM sections 17.4.101, 17.8.315,

17.8.340, 17.8.341, 17.8.342,

17.8.701(10) and 17.8.702(1)(f), and

17.8.1204.

The provisions that we are

disapproving include: ARM

17.8.309(5)(b), 17.8.310(3)(e), and

17.8.324(1)(c) and 2(d).

The provisions that we will act upon

at a later date include: ARM sections

17.8.304(4)(f), revisions to ARM

17.8.316 (adopted on 6/11/97), 17.8.321,

17.8.705(1)(q), 17.8.708, 17.8.733(1)(c),

and 17.8.1301–1313. The provisions

that we are removing from the SIP

include: ARM sections 16.8.301,

16.8.401–404, 16.8.704(3), 16.8.1001(2),

16.8.1004(2), 16.8.1104, 16.8.1419,

16.8.1423, 16.8.1424, 16.8.1503(2) and

16.8.2003.

Finally, we are announcing the

delegation of authority for NSPS

implementation and enforcement to the

State and updating the tables in 40 CFR

60.4(c) and 40 CFR 61.04(c)(8) to

indicate that the 40 CFR part 60 NSPS

and 40 CFR part 61 NESHAPs are now

delegated to the State and revising

EPA’s address and Montana’s and other

States’ agency name and address in 40

CFR 60.4(a), (b)(BB), (b)(JJ) and (b)(TT),

and 40 CFR 61.04(a), (b)(G), (b)(BB),

(b)(JJ), (b)(TT) and (b)(ZZ).

V. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from Executive Order 12866,

entitled ‘‘Regulatory Planning and

Review.’’

B. Executive Order 13045

Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997),

applies to any rule that: (1) is

determined to be ‘‘economically

significant’’ as defined under Executive

Order 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

Order 13045 because it does not involve

decisions intended to mitigate

environmental health or safety risks.

C. Executive Order 13132

Federalism (64 FR 43255, August 10,

1999) revokes and replaces Executive

Orders 12612 (Federalism) and 12875

(Enhancing the Intergovernmental

Partnership). Executive Order 13132

requires EPA to develop an accountable

process to ensure ‘‘meaningful and

timely input by State and local officials

in the development of regulatory

policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’ Under

Executive Order 13132, EPA may not

issue a regulation that has federalism

implications, that imposes substantial

direct compliance costs, and that is not

required by statute, unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This rule will not have substantial

direct effects on the States, on the

relationship between the national

government and the States, or on the

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32553

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, because it

merely approves a state rule

implementing a federal standard, and

does not alter the relationship or the

distribution of power and

responsibilities established in the Clean

Air Act. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule.

D. Executive Order 13175

Executive Order 13175, entitled

‘‘Consultation and Coordination with

Indian Tribal Governments’’ (65 FR

67249, November 6, 2000), requires EPA

to develop an accountable process to

ensure ‘‘meaningful and timely input by

tribal officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’

This final rule does not have tribal

implications. It will not have substantial

direct effects on tribal governments, on

the relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

This action does not involve or impose

any requirements that affect Indian

Tribes. Thus, Executive Order 13175

does not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions.

This partial approval rule will not

have a significant impact on a

substantial number of small entities

because SIP approvals under section

110 and 301 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

Moreover, EPA’s partial disapproval

rule will not have a significant impact

on a substantial number of small

entities. Therefore, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Furthermore,

as explained in this action, the

submission does not meet the

requirements of the Clean Air Act and

EPA cannot approve the submission.

EPA has no option but to partially

disapprove the submittal. The partial

disapproval will not affect any existing

State requirements applicable to the

entities. Federal disapproval of a State

submittal does not affect its State

enforceability.

F. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the partial

approval and partial disapproval actions

promulgated do not include a Federal

mandate that may result in estimated

costs of $100 million or more to either

State, local, or tribal governments in the

aggregate, or to the private sector. This

Federal action partially approves and

partially disapproves pre-existing

requirements under State or local law,

and imposes no new requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

G. Submission to Congress and the

Comptroller General

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. Section 804,

however, exempts from section 801 the

following types of rules: rules of

particular applicability; rules relating to

agency management or personnel; and

rules of agency organization, procedure,

or practice that do not substantially

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). EPA is

not required to submit a rule report

regarding this action under section 801

because this is a rule of particular

applicability.

H. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing a new

regulation. To comply with NTTAA,

EPA must consider and use ‘‘voluntary

consensus standards’’ (VCS) if available

and applicable when developing

programs and policies unless doing so

would be inconsistent with applicable

law or otherwise impractical.

The EPA believes that VCS are

inapplicable to this action. Today’s

action does not require the public to

perform activities conducive to the use

of VCS.

I. Petitions for Judicial Review

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 August 14, 2001.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule 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

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

32554 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur oxides.

40 CFR Part 60

Environmental protection, Air

pollution control, Aluminum,

ammonium sulfate plants, Beverages,

Carbon monoxide, Cement industry,

Coal, Copper, Drycleaners, Electric

power plants, Fertilizers, Fluoride,

Gasoline, Glass and glass products,

Grains, Graphic arts industry,

Household appliances, Insulation,

Intergovernmental relations, Iron, Lead,

Lime, Metallic and nonmetallic mineral

processing plants, Metals, Motor

vehicles, Natural gas, Nitric acid plants,

Nitrogen dioxide, Paper and paper

products industry, Particulate matter,

Paving and roofing materials,

Petroleum, Phosphate, Plastics materials

and synthetics, Reporting and

recordkeeping requirements, Sewage

disposal, Steel, Sulfur oxides, Tires,

Urethane, Vinyl, Waste treatment and

disposal, Wool, Zinc.

40 CFR Part 61

Environmental protection, Air

pollution control, Arsenic, Asbestos,

Benzene, Beryllium, Hazardous

substances, Mercury, Vinyl chloride.

40 CFR Part 62

Environmental protection,

Administrative practice and procedure,

Air pollution control, Fluoride,

Intergovernmental relations, Phosphate

fertilizer plants, Reporting and

recordkeeping requirements.

Dated: May 16, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region 8.

40 CFR part 52, subpart BB of chapter

I, title 40 is amended as follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

2. Section 52.1370 is amended by

adding paragraphs (c)(49) to read as

follows:

§ 52.1370 Identification of plan.

* * * * *

(c) * * *

(49) On September 19, 1997,

December 10, 1997, April 14, 1999,

December 6, 1999 and March 3, 2000,

the Governor submitted a recodification

and revisions to the Administrative

Rules of Montana. The recodification

and revisions replace the prior SIP

approved regulations (except that the

Kraft Pulp Mill Rule, ARM 16.8.1413,

effective 12/13/72, remains in the

approved SIP).

(i) Incorporation by reference.

(A) Administrative Rule of Montana

(ARM) Table of Contents; section

17.8.101, effective 6/26/98; sections

17.8.102–103, effective 10/8/99; section

17.8.105, effective 8/23/96; section

17.8.106, effective 10/8/99, sections

17.8.110–111, effective 8/23/96;

sections17.8.130–131, effective 8/23/96;

sections 17.8.140–142, effective 8/23/96;

section 17.8.301, effective 8/23/96;

section 17.8.302, effective 10/8/99;

section 17.8.304 (excluding

17.8.304(4)(f)), effective 8/23/96; section

17.8.308, effective 8/23/96; section

17.8.309 (excluding 17.8.309(5)(b)),

effective 8/23/96; section 17.8.310

(excluding 17.8.310(3)(e)), effective 8/

23/96; section 17.8.316, effective 8/23/

96; section 17.8.320, effective 8/23/96;

sections 17.8.322–323, effective 8/23/96;

section 17.8.324 (excluding

17.8.324(1)(c) and (2)(d)), effective 8/23/

96; sections 17.8.325–326, effective 8/

23/96; sections 17.8.330–334, effective

8/23/96; section 17.8.401–403, effective

8/23/96; section 17.8.601, effective 7/

23/99; section 17.8.602, effective 9/9/97;

sections 17.8.604–605; effective 8/23/96;

section 17.8.606, effective 7/23/99;

sections 17.8.610–613, effective 7/23/99;

section 17.8.614–615, effective 8/23/96;

section 17.8.701 (excluding

17.8.701(10)), effective 8/23/96; section

17.8.702 (excluding 17.8.702(1)(f)),

effective 9/9/97; section 17.8.704,

effective 8/23/96; section 17.8.705

(excluding 17.8.705(1)(q)) effective 8/

23/96; sections 17.8.706–707, effective

8/23/96; section 17.8.710, effective 8/

23/96; sections 17.8.715–717, effective

8/23/96; section 17.8.720, effective 8/

23/96; sections 17.8.730–732, effective

8/23/96; section 17.8.733 (excluding

17.8.733(1)(c)), effective 8/23/96;

section 17.8.734, effective 8/23/96;

section 17.8.801, effective 6/26/98;

section 17.8.802, effective 9/9/97;

sections 17.8.804–809, effective 8/23/96;

sections 17.8.818–828, effective 8/23/96;

section 17.8.901, effective 6/26/98;

section 17.8.902, effective 9/9/97;

sections 17.8.904–906, effective 8/23/96;

section 17.8.1001, effective 8/23/96;

section 17.8.1002, effective 9/9/97;

sections 17.8.1004–1007, effective 8/23/

96; section 17.8.1101, effective 8/23/96;

section 17.8.1102, effective 9/9/97;

section 17.8.1103, effective 8/23/96; and

sections 17.8.1106–1111, effective 8/23/

96.

(B) April 27, 2000 letter from Debra

Wolfe, Montana Department of

Environmental Quality, to Dawn

Tesorero, U.S. Environmental Protection

Agency, Region 8.

(C) Board Order issued on September

24, 1999, by the Montana Board of

Environmental Review approving the

Yellowstone County Air Pollution

Control Program.

(D) Yellowstone County Air Pollution

Control Program, Regulation No. 002

Open Burning, effective September 24,

1999.

(E) March 6, 2001 letter from Robert

Habeck, Montana Department of

Environmental Quality, to Laurie

Ostrand, EPA Region 8, explaining the

effective date of the Yellowstone County

Air Pollution Control Program

Regulation No. 002 Open Burning.

(ii) Additional material.

(A) April 5, 2000 letter from Debra

Wolfe, Montana Department of

Environmental Quality, to Dawn

Tesorero, U.S. Environmental Protection

Agency, Region 8.

3. Section 52.1384(c) is revised to

read as follows:

§ 52.1384 Emission control regulations.

* * * * *

(c) * * *

The provisions in ARM 17.8.324(1)(c)

and 2(d) (formerly ARM 16.8.1425(1)(c)

and (2)(d)) of the State’s rule regulating

hydrocarbon emissions from petroleum

products, which were submitted by the

Governor on May 17, 1994 and later

recodified with a submittal by the

Governor on September 19, 1997, and

which allow the discretion by the State

to allow different equipment than that

required by this rule, are disapproved.

Such discretion cannot be allowed

without requiring EPA review and

approval of the alternative equipment to

ensure that is equivalent in efficiency to

that equipment required in the

approved SIP.

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

Authority: Authority: 42 U.S.C. 7401, 7411,

7414, 7416, and 7601 as amended by the

Clean Air Act Amendments of 1990, Pub. L.

101–549, 104 Stat. 2399 (November 15, 1990;

402, 409, 415 of the Clean Air Act as

amended, 104 Stat. 2399, unless otherwise

noted).

Subpart A—General Provisions

§ 60.4 [Amended]

2. Section 60.4 is amended by:

a. Revising the names and addresses

listed for the EPA Region VIII office in

paragraph (a), the State of Montana in

paragraph (b)(BB), the State of North

Dakota in paragraph (b)(JJ) and the State

of Utah in paragraph (b)(TT) to read as

follows: and

Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations 32555

b. Amending the table entitled

‘‘Delegation Status of New Source

Performance Standards [(NSPS) for

Region VIII]’’ in paragraph (c) by

revising the column heading for ‘‘MT’’

and the entries for subparts ‘‘Ec’’,

‘‘RRR’’, ‘‘UUU’’ and ‘‘WWW’’ to read as

follows:

§ 60.4 Address

* * * * *

(a) * * *

Region VIII (Colorado, Montana,

North Dakota, South Dakota, Utah,

Wyoming) Assistant Regional

Administrator, Office of Enforcement,

Compliance and Environmental Justice,

999 18th Street, Suite 300, Denver, CO

80202–2466.

* * * * *

(b) * * *

(BB) State of Montana, Department of

Environmental Quality, 1520 E. 6th

Ave., PO Box 200901, Helena, MT

59620–0901.

Note: For a table listing Region VIII’s NSPS

delegation status, see paragraph (c) of this

section.

* * * * *

(JJ) State of North Dakota, Division of

Air Quality, North Dakota Department

of Health, P.O. Box 5520, Bismarck, ND

58506–5520.

Note: For a table listing Region VIII’s NSPS

delegation status, see paragraph (c) of this

section.

* * * * *

(TT) State of Utah, Division of Air

Quality, Department of Environmental

Quality, P.O. Box 144820, Salt Lake

City, UT 84114–4820.

Note: For a table listing Region VIII’s NSPS

delegation status, see paragraph (c) of this

section.

* * * * *

(c) * * *

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS [(NPSP)] FOR REGION VIII]

Subpart CO MT ND SD 1 UT 1 WY

*******

Ec-Hospital/Medical/Infectious Waste Incinerators ...................................................................... (*) (*) (*) (*) .......... ..........

*******

RRR—VOC Emissions from Synthetic Organic Chemistry Manufacturing Industry (SOCMI)

Reactor Processes .................................................................................................................... (*) (*) (*) (*) (*) (*)

*******

UUU—Calciners and Dryers in Mineral Industries ....................................................................... (*) (*) (*) (*) (*) (*)

*******

WWW—Municipal Solid Waste Landfills ...................................................................................... (*) (*) (*) (*) (*) (*)

(*) Indicates approval of State regulation.

1 Indicates approval of State regulation as part of the State Implementation Plan (SIP).

PART 61—[AMENDED]

1. The authority citation for part 61

continues to read as follows:

Authority: Sec. 101, 112, 114, 116, 301,

Clean Air Act as amended (42. U.S.C. 7401,

6412, 7414, 7416, 7601).

Subpart A—General Provisions

2. Section 61.04 is amended by:

§ 61.04 [Amended]

a. Revising the names and addresses

listed for the EPA Region VIII office in

paragraph (a), the State of Colorado in

paragraph (b)(G), the State of Montana

in paragraph (b)(BB), the State of North

Dakota in paragraph (b)(JJ) and the State

of Utah in paragraph (b)(TT) and adding

the State of Wyoming in paragraph

(b)(ZZ) to read as follows:

b. Amending the table in paragraph

(c) entitled ‘‘Region VIII.—Delegation

Status of National Emission Standards

for Hazardous Air Pollutants’’ by

revising the column heading for ‘‘MT’’

to read as follows:

§ 61.04 Address.

* * * * *

(a) * * *

Region VIII (Colorado, Montana,

North Dakota, South Dakota, Utah,

Wyoming) Assistant Regional

Administrator, Office of Enforcement,

Compliance and Environmental Justice,

999 18th Street, Suite 300, Denver, CO

80202–2466.

* * * * *

(b) * * *

(G) State of Colorado, Air Pollution

Control Division, Department of Public

Health and Environment, 4300 Cherry

Creek Drive South, Denver, CO 80246–

1530.

Note: For a table listing Region VIII’s

NESHAP delegation status, see paragraph (c)

of this section.

* * * * *

(BB) State of Montana, Department of

Environmental Quality, 1520 E. 6th

Ave., PO Box 200901, Helena, MT

59620–0901.

Note: For a table listing Region VIII’s

NESHAP delegation status, see paragraph (c)

of this section.

* * * * *

(JJ) State of North Dakota, Division of

Air Quality, North Dakota Department

of Health, PO Box 5520, Bismarck, ND

58506–5520.

Note: For a table listing Region VIII’s

NESHAP delegation status, see paragraph (c)

of this section.

* * * * *

(TT) State of Utah, Division of Air

Quality, Department of Environmental

Quality, PO Box 144820, Salt Lake City,

UT 84114–4820.

Note: For a table listing Region VIII’s

NESHAP delegation status, see paragraph (c)

of this section.

* * * * *

(ZZ) State of Wyoming, Air Quality

Division, Department of Environmental

Quality, 122 W. 25th St., Cheyenne, WY

82002.

* * * * *

(c) * * *

32556 Federal Register / Vol. 66, No. 116 / Friday, June 15, 2001 / Rules and Regulations

REGION VIII.—DELEGATION STATUS OF NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 1

Subpart CO MT ND 2 SD 2 UT 2 WY

*******

* Indicates approval of delegation of subpart to state.

1Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c), 61.164(a)(2), 61.164(a)(3),

61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3), 61.242–1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority. 2 Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T, W which were approved through section 112(l) of the Clean Air Act. 3 Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations, insulating materials, waste disposal

for demolition, renovation, spraying, manufacturing and fabricating operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

PART 62—[AMENDED]

1. The authority citation for part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7671.

Subpart BB—Montana

2. Add a new and undesignated center

heading and § 62.6613 to subpart BB to

read as follows:

Fluoride Emissions From Existing

Phosphate Fertilizer Plants

§ 62.6613 Identification of plan—negative

declaration.

The Montana Department of

Environmental Quality certified in a

letter dated February 14, 2001, that

there are no phosphate fertilizer plants

in Montana that meet the definition of

affected facility under any of the

subparts T, U, V, W or X. Additionally,

there are no phosphate fertilizer plants

in Montana that meet the definition of

affected facility under any of the

subparts T, U, V, W, or X, constructed

before October 22, 1974, and that have

not reconstructed or modified since

1974.

[FR Doc. 01–15027 Filed 6–14–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[CO–001–0058a, CO–001–0059a;

FRL–6989–3]

Approval and Promulgation of Air

Quality Implementation Plans;

Colorado; Designation of Areas for Air

Quality Planning Purposes, Telluride

and Pagosa Springs

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final

action to approve a State

Implementation Plan (SIP) revision

submitted by the State of Colorado on

May 10, 2000, for the purpose of

redesignating the Telluride, Colorado

and Pagosa Springs, Colorado areas from

nonattainment to attainment for

particulate matter with an aerodynamic

diameter less than or equal to a nominal

10 micrometers (PM10) under the 1987

standards. The Colorado Air Pollution

Control Division’s (Colorado) submittal,

among other things, documents that the

Telluride and Pagosa Springs areas have

attained the PM10 national ambient air

quality standards (NAAQS), requests

redesignation to attainment and

includes a maintenance plan for each of

the areas demonstrating maintenance of

the PM10 NAAQS for ten years. EPA is

approving these redesignation requests

and maintenance plans because

Colorado has met the applicable

requirements of the Clean Air Act

(CAA), as amended. Upon the effective

date of this approval, the Telluride and

Pagosa Springs areas will be designated

attainment for the PM10 NAAQS. This

action is being taken under sections 107,

110, and 175A of the Clean Air Act.

DATES: This rule is effective on August

14, 2001 without further notice, unless

EPA receives adverse comment by July

16, 2001. If adverse comment is

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: Written comments may be

mailed to Richard R. Long, Director, Air

and Radiation Program, Mailcode 8P–

AR, Environmental Protection Agency

(EPA), Region VIII, 999 18th Street,

Suite 300, Denver, Colorado, 80202.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado, 80202 and copies of

the Incorporation by Reference material

are available at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460.

Copies of the State documents relevant

to this action are available for public

inspection at the Colorado Department

of Public Health and Environment, Air

Pollution Control Division, 4300 Cherry

Creek Drive South, Denver, Colorado

80246–1530.

FOR FURTHER INFORMATION CONTACT:

Megan Williams, EPA, Region VIII, (303)

312–6431.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used, we mean

the Environmental Protection Agency

(EPA).

Table of Contents

I. EPA’s Final Action

What Action Is EPA Taking in This Direct

Final Rule?

II. Summary of Redesignation Request and

Maintenance Plan

A. What Requirements Must Be Followed

for Redesignations to Attainment?

B. Do the Telluride and Pagosa Springs

Redesignation Requests and

Maintenance Plans Meet the CAA

Requirements?

C. Have the Transportation Conformity

Requirements Been Met?

D. Did Colorado Follow the Proper

Procedures for Adopting this Action?

III. Background

IV. Administrative Requirements

I. EPA’s Final Action

What Action Is EPA Taking in this

Direct Final Rule?

We are approving the Governor’s

submittal of May 10, 2000, that requests

redesignation for the Telluride and

Pagosa Springs nonattainment areas to

attainment for the 1987 PM10 standards.

Included in Colorado’s submittal are

changes to the Ambient Air Quality

Standards Regulation and State

Implementation Plan Specific

Regulations for Nonattainment—

Attainment/Maintenance Areas (Local

Elements) Regulation (SIP Specific

Regulation) which we are approving,

under section 110 of the CAA, into