80_FR_50743 80 FR 50582 - Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; Correction

80 FR 50582 - Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50582-50585
FR Document2015-20496

The Environmental Protection Agency (EPA) is approving State Implementation Plan (SIP) revisions submitted by the State of Montana on March 17, 2010, August 1, 2011, November 22, 2011, and September 19, 2014. The revisions are to the Administrative Rules of Montana (ARM) and include minor editorial and grammatical changes, updates to citations and references to federal and state laws and regulations, revisions to open burning rules, changes to the process for appealing air quality permits, and providing a process for revocation of air quality permits when owners cannot be found by mail. Also in this action, EPA is correcting final rules pertaining to Montana's SIP. On January 29, 2010, EPA took direct final action to approve SIP revisions as submitted by the State of Montana on January 16, 2009 and May 4, 2009. EPA subsequently discovered an error in our January 29, 2010 direct final action related to ``incorporation by reference'' (IBR) materials and the associated regulatory text numbering. EPA is correcting this error with today's action. Finally, EPA is updating the Montana nonregulatory provisions table to add carbon monoxide maintenance plans for Billings, Montana, and Great Falls, Montana approved by EPA on March 30, 2015 and April 1, 2015, respectively. This action is being taken under section 110 of the Clean Air Act (CAA).

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015) 
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50582-50585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20496]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2010-0304, FRL 9932-53-Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Revisions to the Administrative Rules of Montana; Correction

AGENCY: Environmental Protection Agency.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of Montana 
on March 17, 2010, August 1, 2011, November 22, 2011, and September 19, 
2014. The revisions are to the Administrative Rules of Montana (ARM) 
and include minor editorial and grammatical changes, updates to 
citations and references to federal and state laws and regulations, 
revisions to open burning rules, changes to the process for appealing 
air quality permits, and providing a process for revocation of air 
quality permits when owners cannot be found by mail. Also in this 
action, EPA is correcting final rules pertaining to Montana's SIP. On 
January 29, 2010, EPA took direct final action to approve SIP revisions 
as submitted by the State of Montana on January 16, 2009 and May 4, 
2009. EPA subsequently discovered an error in our January 29, 2010 
direct final action related to ``incorporation by reference'' (IBR) 
materials and the associated regulatory text numbering. EPA is 
correcting this error with today's action. Finally, EPA is updating the 
Montana nonregulatory provisions table to add carbon monoxide 
maintenance plans for Billings, Montana, and Great Falls, Montana 
approved by EPA on March 30, 2015 and April 1, 2015, respectively. This 
action is being taken under section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on September 21, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R08-OAR-2010-0304. All documents in the docket are listed on 
the 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, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air Program, Environmental 
Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129. EPA requests that if at all possible, you contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view the hard copy of the docket. You may view the hard copy of the 
docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Abby Fulton, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, 
fulton.abby@epa.gov.

I. Background

    The State of Montana submitted SIP revisions containing amendments 
to IBR current federal regulations and other material into air quality 
rules of the ARM. The notice of proposed rulemaking (NPR) published on 
June 1, 2015 (80 FR 30984) proposed approval of Montana's submissions 
with respect to the following: Grammatical changes made to ARM 
17.8.102(1), and all revisions of 17.8.802(1)(c) and 17.8.822(9) from 
the March 17, 2010 submittal; revisions to ARM 17.8.604(1)(a), 
17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) and (9), 17.8.614(8) 
and (9), 17.8.615(6) and (7), and 17.8.763(3) from the November 22, 
2011 submission; citations and references to federal law and State 
rules superseding and replacing all previous versions of ARM 
17.8.102(1)(a), 17.8.102(1)(b), and 17.8.102(1)(c) from the September 
19, 2014 submittal; and language added to ARM 17.8.102(3) and 
17.8.102(4)(a) through (d) from the September 19, 2014 submittal. The 
reasons for our approval are provided in detail in the NPR.
    For reasons explained in the NPR, EPA also provided notice that 
language in ARM 17.8.102 with a State effective date of October 26, 
2007 was in effect between January 16, 2010 and publication of our 
proposed notice on June 1, 2015. Finally, for reasons explained in our 
NPR, EPA proposed to correct erroneous amendatory instructions 
published in the Federal Register on January 29, 2010 (75 FR 4698).

II. Response to Comments

    No comments were received on our June 1, 2015 NPR.

III. Final Action

    EPA is approving grammatical changes made to ARM 17.8.102(1), and 
all revisions of 17.8.802(1)(c) and 17.8.822(9) from the March 17, 2010 
submittal. We are approving the November 22, 2011 submittal's revisions

[[Page 50583]]

to ARM 17.8.604(1)(a), 17.8.610(2), 17.8.612(10) and (11), 17.8.613(8) 
and (9), 17.8.614(8) and (9), 17.8.615(6) and (7), and 17.8.763(3). We 
are approving the September 19, 2014 submittal's citations and 
references to federal law and State rules superseding and replacing all 
previous versions of ARM 17.8.102(1)(a), 17.8.102(1)(b), and 
17.8.102(1)(c). Previous submittals were received on March 17, 2010 and 
August 1, 2011. We are also approving language added to ARM 17.8.102(3) 
and 17.8.102(4)(a) through (d) from the September 19, 2014 submittal.
    Our action provides notice that language in ARM 17.8.102 with a 
State effective date of October 26, 2007 was in effect between January 
16, 2010 and June 1, 2015. EPA is also adding to table (e) of CAA Sec.  
52.1370, ``EPA-approved nonregulatory provisions,'' to reflect the 
final EPA approval of carbon monoxide limited maintenance plans for the 
Billings (80 FR 16571, March 30, 2015) and Great Falls (80 FR 17331, 
April 1, 2015) carbon monoxide maintenance areas. These additions were 
inadvertently left out of the table when these maintenance plans were 
approved. Finally, EPA is correcting erroneous amendatory instructions 
published in the Federal Register on January 29, 2010 (75 FR 4698).

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the ARM 
regarding citations and references to federal and State laws and 
regulations; open burning rules; air quality permits appeal process; 
and revocation of air quality permits discussed in section III, EPA's 
Review of the State of Montana's March 17, 2010; August 1, 2011; 
November 22, 2011; and September 19, 2014 Submittals, and CFR 
Correction, of the NPR (80 FR 30984, June 1, 2015). EPA is also 
correcting incorporation by reference errors in our final rulemaking 
``Air Quality State Implementation Plans; Approvals and Promulgations: 
Montana; Revised Format for Materials Being Incorporated by Reference'' 
(80 FR 22909, April 24, 2015) to reflect the final EPA approval of 
carbon monoxide limited maintenance plans for the Billings (80 FR 
16571, March 30, 2015,) and Great Falls (80 FR 17331, April 1, 2015) 
carbon monoxide maintenance areas. The EPA has made, and will continue 
to make, these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

V. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
federal regulations (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
final action merely approves some state law as meeting federal 
requirements and disapproves other state law because it does not meet 
federal requirements; this final action does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, Oct. 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, Aug. 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and,
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, Feb. 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 October 19, 2015. 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 CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Greenhouse 
gases, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: August 4, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.

    40 CFR part 52 is amended to read as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

[[Page 50584]]

Subpart BB--Montana

0
2. Section 52.1370 is amended by:
0
a. In paragraph (c), revising the table entries for ``17.8.102'', 
``17.8.604'', ``17.8.610'', ``17.8.612'', ``17.8.613'', ``17.8.614'', 
``17.8.615'', ``17.8.763'', ``17.8.802'', ``17.8.822.''
0
b. In paragraph (e), revising the second table entry under ``(2) 
Cascade County'' and the first table entry under ``(9) Yellowstone 
County.''
    The revisions read as follows:


Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

----------------------------------------------------------------------------------------------------------------
                                                        State      EPA final rule     Final rule
        State citation              Rule title     effective date       date           citation        Comments
----------------------------------------------------------------------------------------------------------------
                     (i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.102......................  Incorporation by      10/16/2009,       8/20/2015  [insert Federal
                                 Reference.            06/12/2014                   Register
                                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        (iv) Administrative Rules of Montana, Subchapter 06, Open Burning
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.604......................  Prohibited Open        04/15/2011       8/20/2015  [insert Federal
                                 Burning--When                                      Register
                                 Permit Required.                                   citation].
 
                                                  * * * * * * *
17.610........................  Major Open             04/15/2011       8/20/2015  [insert Federal
                                 Burning Source                                     Register
                                 Restrictions.                                      citation].
 
                                                  * * * * * * *
17.8.612......................  Conditional Air        04/15/2011       8/20/2015  [insert Federal
                                 Quality Open                                       Register
                                 Burning Permits.                                   citation].
17.8.613......................  Christmas Tree         04/15/2011       8/20/2015  [insert Federal
                                 Waste Open                                         Register
                                 Burning Permits.                                   citation].
17.8.614......................  Commercial Film        04/15/2011       8/20/2015  [insert Federal
                                 Production Open                                    Register
                                 Burning Permits.                                   citation].
17.8.615......................  Firefighter            04/15/2011       8/20/2015  [insert Federal
                                 Training.                                          Register
                                                                                    citation].
----------------------------------------------------------------------------------------------------------------
(v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.763......................  Revocation of          04/15/2011       8/20/2015  [insert Federal
                                 Permit.                                            Register
                                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.802......................  Incorporation by       10/16/2009       8/20/2015  [insert Federal
                                 Reference.                                         Register
                                                                                    citation].
 
                                                  * * * * * * *
17.8.822......................  Air Quality            10/16/2009       8/20/2015  [insert Federal
                                 Analysis.                                          Register
                                                                                    citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                   Notice of
                         Title/Subject                               State        final rule     NFR Citation
                                                                effective date       date
---------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              (2) Cascade County
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Great Falls Carbon Monoxide (CO)--Maintenance Plan, State of               N/A        4/1/2015     80 FR 17331
 Montana Air Quality Control Implementation Plan, Cascade
 County Carbon Monoxide Limited Maintenance Plan, Chapter 7,
 Great Falls Carbon Monoxide (CO) Limited Maintenance Plan and
 the Associated Alternative Monitoring Strategy...............

[[Page 50585]]

 
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            (9) Yellowstone County
----------------------------------------------------------------------------------------------------------------
Billings Carbon Monoxide (CO)--Maintenance Plan, State of                  N/A       3/30/2015     80 FR 16571
 Montana Air Quality Control Implementation Plan, Yellowstone
 County Carbon Monoxide Limited Maintenance Plan, Chapter 56,
 Billings Carbon Monoxide (CO) Limited Maintenance Plan and
 the associated Alternative Monitoring Strategy...............
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
3. Section 52.1397 is amended by adding paragraph (c)(69) to read as 
follows:


Sec.  52.1397  Original identification of plan.

* * * * *
    (c) * * *
    (69) Revisions to the State Implementation Plan which were 
submitted by the State of Montana on January 16, 2009 and May 4, 2009. 
The revisions are to the Administrative Rules of Montana; they make 
minor editorial and grammatical changes, update the citations and 
references to Federal laws and regulations, and make other minor 
changes to conform to federal regulations.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102 
Incorporation by Reference--Publication Dates, 17.8.301 Definitions, 
17.8.901 Definitions, and 17.8.1007 Baseline for Determining Credit for 
Emissions and Air Quality Offsets, effective October 24, 2008.
    (B) Administrative Rules of Montana (ARM) section 17.8.308 
Particulate Matter, Airborne, effective February 13, 2009.
* * * * *
[FR Doc. 2015-20496 Filed 8-19-15; 8:45 am]
 BILLING CODE 6560-50-P

50582 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations EPA-APPROVED INDIANA REGULATIONS Indiana Indiana citation Subject effective EPA Approval date Notes date * * * * * * * Article 26. Regional Haze Rule 2. Best Available Retrofit Technology Emission Limitations * * * * * * * 26–2–2 ............... Alcoa emission limitations and compli- 6/29/2014 8/20/2015, [Insert Federal Register cita- ance methods. tion]. * * * * * * * * * * * * correcting this error with today’s action. current federal regulations and other [FR Doc. 2015–20528 Filed 8–19–15; 8:45 am] Finally, EPA is updating the Montana material into air quality rules of the BILLING CODE 6560–50–P nonregulatory provisions table to add ARM. The notice of proposed carbon monoxide maintenance plans for rulemaking (NPR) published on June 1, Billings, Montana, and Great Falls, 2015 (80 FR 30984) proposed approval ENVIRONMENTAL PROTECTION Montana approved by EPA on March 30, of Montana’s submissions with respect AGENCY 2015 and April 1, 2015, respectively. to the following: Grammatical changes This action is being taken under section made to ARM 17.8.102(1), and all 40 CFR Part 52 110 of the Clean Air Act (CAA). revisions of 17.8.802(1)(c) and [EPA–R08–OAR–2010–0304, FRL 9932–53– DATES: This rule is effective on 17.8.822(9) from the March 17, 2010 Region 8] September 21, 2015. submittal; revisions to ARM ADDRESSES: EPA has established a 17.8.604(1)(a), 17.8.610(2), 17.8.612(10) Approval and Promulgation of Air and (11), 17.8.613(8) and (9), 17.8.614(8) docket for this action under Docket ID Quality Implementation Plans; and (9), 17.8.615(6) and (7), and No. EPA–R08–OAR–2010–0304. All Montana; Revisions to the documents in the docket are listed on 17.8.763(3) from the November 22, 2011 Administrative Rules of Montana; the www.regulations.gov Web site. submission; citations and references to Correction Although listed in the index, some federal law and State rules superseding AGENCY: Environmental Protection information is not publicly available, and replacing all previous versions of Agency. e.g., CBI or other information whose ARM 17.8.102(1)(a), 17.8.102(1)(b), and ACTION: Final rule; correction. disclosure is restricted by statute. 17.8.102(1)(c) from the September 19, Certain other material, such as 2014 submittal; and language added to SUMMARY: The Environmental Protection copyrighted material, is not placed on ARM 17.8.102(3) and 17.8.102(4)(a) Agency (EPA) is approving State the Internet and will be publicly through (d) from the September 19, 2014 Implementation Plan (SIP) revisions available only in hard copy form. submittal. The reasons for our approval submitted by the State of Montana on Publicly available docket materials are are provided in detail in the NPR. March 17, 2010, August 1, 2011, available either electronically through For reasons explained in the NPR, November 22, 2011, and September 19, www.regulations.gov or in hard copy at EPA also provided notice that language 2014. The revisions are to the the Air Program, Environmental in ARM 17.8.102 with a State effective Administrative Rules of Montana (ARM) Protection Agency (EPA), Region 8, date of October 26, 2007 was in effect and include minor editorial and 1595 Wynkoop Street, Denver, Colorado between January 16, 2010 and grammatical changes, updates to 80202–1129. EPA requests that if at all publication of our proposed notice on citations and references to federal and possible, you contact the individual June 1, 2015. Finally, for reasons state laws and regulations, revisions to listed in the FOR FURTHER INFORMATION explained in our NPR, EPA proposed to open burning rules, changes to the CONTACT section to view the hard copy correct erroneous amendatory process for appealing air quality of the docket. You may view the hard instructions published in the Federal permits, and providing a process for copy of the docket Monday through Register on January 29, 2010 (75 FR revocation of air quality permits when Friday, 8:00 a.m. to 4:00 p.m., excluding 4698). owners cannot be found by mail. Also federal holidays. in this action, EPA is correcting final II. Response to Comments FOR FURTHER INFORMATION CONTACT: rules pertaining to Montana’s SIP. On Abby Fulton, Air Program, U.S. No comments were received on our January 29, 2010, EPA took direct final Environmental Protection Agency June 1, 2015 NPR. action to approve SIP revisions as (EPA), Region 8, Mail Code 8P–AR, III. Final Action submitted by the State of Montana on rmajette on DSK7SPTVN1PROD with RULES 1595 Wynkoop Street, Denver, Colorado January 16, 2009 and May 4, 2009. EPA 80202–1129, 303–312–6563, EPA is approving grammatical subsequently discovered an error in our fulton.abby@epa.gov. changes made to ARM 17.8.102(1), and January 29, 2010 direct final action all revisions of 17.8.802(1)(c) and related to ‘‘incorporation by reference’’ I. Background 17.8.822(9) from the March 17, 2010 (IBR) materials and the associated The State of Montana submitted SIP submittal. We are approving the regulatory text numbering. EPA is revisions containing amendments to IBR November 22, 2011 submittal’s revisions VerDate Sep<11>2014 15:15 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 50583 to ARM 17.8.604(1)(a), 17.8.610(2), (see the ADDRESSES section of this jurisdiction. In those areas of Indian 17.8.612(10) and (11), 17.8.613(8) and preamble for more information). country, the rule does not have tribal (9), 17.8.614(8) and (9), 17.8.615(6) and implications and will not impose V. Statutory and Executive Orders (7), and 17.8.763(3). We are approving substantial direct costs on tribal Review the September 19, 2014 submittal’s governments or preempt tribal law as citations and references to federal law Under the CAA, the Administrator is specified by Executive Order 13175 (65 and State rules superseding and required to approve a SIP submission FR 67249, November 9, 2000). replacing all previous versions of ARM that complies with the provisions of the The Congressional Review Act, 5 17.8.102(1)(a), 17.8.102(1)(b), and Act and applicable federal regulations U.S.C. 801 et seq., as added by the Small 17.8.102(1)(c). Previous submittals were (42 U.S.C. 7410(k), 40 CFR 52.02(a)). Business Regulatory Enforcement received on March 17, 2010 and August Thus, in reviewing SIP submissions, Fairness Act of 1996, generally provides 1, 2011. We are also approving language EPA’s role is to approve state choices, that before a rule may take effect, the added to ARM 17.8.102(3) and provided that they meet the criteria of agency promulgating the rule must 17.8.102(4)(a) through (d) from the the CAA. Accordingly, this final action submit a rule report, which includes a September 19, 2014 submittal. merely approves some state law as copy of the rule, to each House of the Our action provides notice that meeting federal requirements and Congress and to the Comptroller General language in ARM 17.8.102 with a State disapproves other state law because it of the United States. EPA will submit a effective date of October 26, 2007 was does not meet federal requirements; this report containing this action and other in effect between January 16, 2010 and final action does not impose additional required information to the U.S. Senate, June 1, 2015. EPA is also adding to table requirements beyond those imposed by the U.S. House of Representatives, and (e) of CAA § 52.1370, ‘‘EPA-approved state law. For that reason, this final the Comptroller General of the United nonregulatory provisions,’’ to reflect the action: States prior to publication of the rule in final EPA approval of carbon monoxide • Is not a ‘‘significant regulatory the Federal Register. A major rule limited maintenance plans for the action’’ subject to review by the Office cannot take effect until 60 days after it Billings (80 FR 16571, March 30, 2015) of Management and Budget under is published in the Federal Register. and Great Falls (80 FR 17331, April 1, Executive Order 12866 (58 FR 51735, This action is not a ‘‘major rule’’ as 2015) carbon monoxide maintenance Oct. 4, 1993); defined by 5 U.S.C. 804(2). areas. These additions were • Does not impose an information Under section 307(b)(1) of the Clean inadvertently left out of the table when collection burden under the provisions Air Act, petitions for judicial review of these maintenance plans were of the Paperwork Reduction Act (44 this action must be filed in the United approved. Finally, EPA is correcting U.S.C. 3501 et seq.); States Court of Appeals for the erroneous amendatory instructions • Is certified as not having a appropriate circuit by October 19, 2015. published in the Federal Register on significant economic impact on a Filing a petition for reconsideration by January 29, 2010 (75 FR 4698). substantial number of small entities the Administrator of this final rule does under the Regulatory Flexibility Act (5 not affect the finality of this action for IV. Incorporation by Reference U.S.C. 601 et seq.); the purposes of judicial review nor does In this rule, the EPA is finalizing • Does not contain any unfunded it extend the time within which a regulatory text that includes mandate or significantly or uniquely petition for judicial review may be filed, incorporation by reference. In affect small governments, as described and shall not postpone the effectiveness accordance with requirements of 1 CFR in the Unfunded Mandates Reform Act of such rule or action. This action may 51.5, the EPA is finalizing the of 1995 (Pub. L. 104–4); not be challenged later in proceedings to incorporation by reference of the ARM • Does not have federalism enforce its requirements. (See CAA regarding citations and references to implications as specified in Executive section 307(b)(2).) federal and State laws and regulations; Order 13132 (64 FR 43255, Aug. 10, open burning rules; air quality permits 1999); List of Subjects in 40 CFR Part 52 appeal process; and revocation of air • Is not an economically significant Environmental protection, Air quality permits discussed in section III, regulatory action based on health or pollution control, Carbon monoxide, EPA’s Review of the State of Montana’s safety risks subject to Executive Order Incorporation by reference, March 17, 2010; August 1, 2011; 13045 (62 FR 19885, April 23, 1997); Intergovernmental relations, November 22, 2011; and September 19, • Is not a significant regulatory action Greenhouse gases, Lead, Nitrogen 2014 Submittals, and CFR Correction, of subject to Executive Order 13211 (66 FR dioxide, Ozone, Particulate matter, the NPR (80 FR 30984, June 1, 2015). 28355, May 22, 2001); Reporting and recordkeeping EPA is also correcting incorporation by • Is not subject to requirements of requirements, Sulfur oxides, Volatile reference errors in our final rulemaking Section 12(d) of the National organic compounds. ‘‘Air Quality State Implementation Technology Transfer and Advancement Authority: 42 U.S.C. 7401 et seq. Plans; Approvals and Promulgations: Act of 1995 (15 U.S.C. 272 note) because Montana; Revised Format for Materials application of those requirements would Dated: August 4, 2015. Being Incorporated by Reference’’ (80 be inconsistent with the CAA; and, Shaun L. McGrath, FR 22909, April 24, 2015) to reflect the • Does not provide EPA with the Regional Administrator, Region 8. final EPA approval of carbon monoxide discretionary authority to address, as 40 CFR part 52 is amended to read as limited maintenance plans for the appropriate, disproportionate human follows: Billings (80 FR 16571, March 30, 2015,) health or environmental effects, using and Great Falls (80 FR 17331, April 1, rmajette on DSK7SPTVN1PROD with RULES practicable and legally permissible PART 52—APPROVAL AND 2015) carbon monoxide maintenance methods, under Executive Order 12898 PROMULGATION OF areas. The EPA has made, and will (59 FR 7629, Feb. 16, 1994). IMPLEMENTATION PLANS continue to make, these documents The SIP is not approved to apply on generally available electronically any Indian reservation land or in any ■ 1. The authority citation for part 52 through www.regulations.gov and/or in other area where EPA or an Indian tribe continues to read as follows: hard copy at the appropriate EPA office has demonstrated that a tribe has Authority: 42 U.S.C. 7401 et seq. VerDate Sep<11>2014 15:15 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1

50584 Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations Subpart BB—Montana ‘‘17.8.614’’, ‘‘17.8.615’’, ‘‘17.8.763’’, The revisions read as follows: ‘‘17.8.802’’, ‘‘17.8.822.’’ ■ 2. Section 52.1370 is amended by: ■ b. In paragraph (e), revising the § 52.1370 Identification of plan. ■ a. In paragraph (c), revising the table second table entry under ‘‘(2) Cascade * * * * * entries for ‘‘17.8.102’’, ‘‘17.8.604’’, County’’ and the first table entry under (c) * * * ‘‘17.8.610’’, ‘‘17.8.612’’, ‘‘17.8.613’’, ‘‘(9) Yellowstone County.’’ State effective EPA final rule State citation Rule title Final rule citation Comments date date (i) Administrative Rules of Montana, Subchapter 01, General Provisions * * * * * * * 17.8.102 .............. Incorporation by Reference ............. 10/16/2009, 8/20/2015 [insert Federal Register citation]. 06/12/2014 * * * * * * * (iv) Administrative Rules of Montana, Subchapter 06, Open Burning * * * * * * * 17.8.604 .............. Prohibited Open Burning—When 04/15/2011 8/20/2015 [insert Federal Register citation]. Permit Required. * * * * * * * 17.610 ................. Major Open Burning Source Restric- 04/15/2011 8/20/2015 [insert Federal Register citation]. tions. * * * * * * * 17.8.612 .............. Conditional Air Quality Open Burn- 04/15/2011 8/20/2015 [insert Federal Register citation]. ing Permits. 17.8.613 .............. Christmas Tree Waste Open Burn- 04/15/2011 8/20/2015 [insert Federal Register citation]. ing Permits. 17.8.614 .............. Commercial Film Production Open 04/15/2011 8/20/2015 [insert Federal Register citation]. Burning Permits. 17.8.615 .............. Firefighter Training ........................... 04/15/2011 8/20/2015 [insert Federal Register citation]. (v) Administrative Rules of Montana, Subchapter 07, Permit Construction and Operation of Air Contaminant Sources * * * * * * * 17.8.763 .............. Revocation of Permit ....................... 04/15/2011 8/20/2015 [insert Federal Register citation]. * * * * * * * (vi) Administrative Rules of Montana, Subchapter 08, Prevention of Significant Deterioration of Air Quality * * * * * * * 17.8.802 .............. Incorporation by Reference ............. 10/16/2009 8/20/2015 [insert Federal Register citation]. * * * * * * * 17.8.822 .............. Air Quality Analysis .......................... 10/16/2009 8/20/2015 [insert Federal Register citation]. * * * * * * * * * * * * (e) * * * State effective Notice of final Title/Subject NFR Citation date rule date * * * * * * * (2) Cascade County rmajette on DSK7SPTVN1PROD with RULES * * * * * * * Great Falls Carbon Monoxide (CO)—Maintenance Plan, State of Montana Air Quality Con- trol Implementation Plan, Cascade County Carbon Monoxide Limited Maintenance Plan, Chapter 7, Great Falls Carbon Monoxide (CO) Limited Maintenance Plan and the Asso- ciated Alternative Monitoring Strategy .................................................................................. N/A 4/1/2015 80 FR 17331 VerDate Sep<11>2014 15:15 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1

Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations 50585 State effective Notice of final Title/Subject NFR Citation date rule date * * * * * * * (9) Yellowstone County Billings Carbon Monoxide (CO)—Maintenance Plan, State of Montana Air Quality Control Implementation Plan, Yellowstone County Carbon Monoxide Limited Maintenance Plan, Chapter 56, Billings Carbon Monoxide (CO) Limited Maintenance Plan and the associ- ated Alternative Monitoring Strategy .................................................................................... N/A 3/30/2015 80 FR 16571 * * * * * * * * * * * * Atmospheric Administration (NOAA), Administrator, NMFS (AA), will file a ■ 3. Section 52.1397 is amended by Commerce. notification with the Office of the adding paragraph (c)(69) to read as ACTION: Temporary rule; closure. Federal Register to reduce the length of follows: the following fishing season by the SUMMARY: NMFS implements amount necessary to ensure landings do § 52.1397 Original identification of plan. accountability measures (AMs) for the not exceed the recreational ACL in the * * * * * hogfish recreational sector in the following fishing year. (c) * * * exclusive economic zone (EEZ) of the During the 2014 fishing year, hogfish (69) Revisions to the State South Atlantic for the 2015 fishing year recreational landings exceeded the Implementation Plan which were through this temporary rule. NMFS recreational ACL by 26,448 lb (11,996 submitted by the State of Montana on estimates recreational landings from the kg). For the 2015 fishing year, January 16, 2009 and May 4, 2009. The 2014 and 2015 fishing years have preliminary landings data from the revisions are to the Administrative exceeded the recreational annual catch NMFS Southeast Fisheries Science Rules of Montana; they make minor limit (ACL) for hogfish. Therefore, Center indicate that the hogfish editorial and grammatical changes, NMFS reduces the length of the 2015 recreational ACL has been exceeded by update the citations and references to recreational fishing season, i.e., closes 142,364 lb (64,575 kg). Therefore, this Federal laws and regulations, and make the recreational sector, for hogfish in the temporary rule implements an AM to other minor changes to conform to South Atlantic EEZ on August 24, 2015. reduce the length of the hogfish federal regulations. This closure is necessary to protect the recreational sector (i.e., close the (i) Incorporation by reference. hogfish resource. recreational sector) of the snapper- (A) Administrative Rules of Montana DATES: This rule is effective 12:01 a.m., grouper fishery for the remainder of the (ARM) sections 17.8.102 Incorporation local time, August 24, 2015, until 12:01 2015 fishing year. As a result, the by Reference—Publication Dates, a.m., local time, January 1, 2016. recreational sector for hogfish in the 17.8.301 Definitions, 17.8.901 FOR FURTHER INFORMATION CONTACT: South Atlantic EEZ will be closed Definitions, and 17.8.1007 Baseline for Britni LaVine, NMFS Southeast effective 12:01 a.m., local time August Determining Credit for Emissions and Regional Office, telephone: 727–824– 24, 2015. Air Quality Offsets, effective October 24, 5305, email: britni.lavine@noaa.gov. During the closure, the bag and 2008. possession limits for hogfish in or from SUPPLEMENTARY INFORMATION: The (B) Administrative Rules of Montana the South Atlantic EEZ are zero. The snapper-grouper fishery of the South recreational sector for hogfish will (ARM) section 17.8.308 Particulate Atlantic includes hogfish and is reopen on January 1, 2016, the Matter, Airborne, effective February 13, managed under the Fishery beginning of the 2016 recreational 2009. Management Plan for the Snapper- fishing season. * * * * * Grouper Fishery of the South Atlantic [FR Doc. 2015–20496 Filed 8–19–15; 8:45 am] Classification Region (FMP). The FMP was prepared BILLING CODE 6560–50–P by the South Atlantic Fishery The Regional Administrator, Management Council and is Southeast Region, NMFS, has implemented by NMFS under the determined this temporary rule is DEPARTMENT OF COMMERCE authority of the Magnuson-Stevens necessary for the conservation and Fishery Conservation and Management management of hogfish and the South National Oceanic and Atmospheric Act (Magnuson-Stevens Act) by Administration Atlantic snapper-grouper fishery and is regulations at 50 CFR part 622. consistent with the Magnuson-Stevens The recreational ACL for hogfish is Act and other applicable laws. 50 CFR Part 622 85,355 lb (38,716 kg) and was This action is taken under 50 CFR [Docket No. 120403249–2492–02] implemented through Regulatory 622.193(u)(2) and is exempt from review Amendment 13 to the FMP (78 FR under Executive Order 12866. RIN 0648–XE088 36113, June 17, 2013). In accordance These measures are exempt from the with regulations at 50 CFR rmajette on DSK7SPTVN1PROD with RULES Snapper-Grouper Fishery of the South procedures of the Regulatory Flexibility Atlantic; 2015 Recreational 622.193(u)(2), if recreational landings Act because the temporary rule is issued Accountability Measure and Closure exceed the recreational ACL, then without opportunity for prior notice and for South Atlantic Hogfish NMFS will monitor recreational public comment. landings for a persistence in increased This action responds to the best AGENCY: National Marine Fisheries landings during the following fishing scientific information available. The Service (NMFS), National Oceanic and year. If necessary, the Assistant Assistant Administrator for Fisheries, VerDate Sep<11>2014 15:15 Aug 19, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\20AUR1.SGM 20AUR1


Document Created: 2015-12-15 11:08:20
Document Modified: 2015-12-15 11:08:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesThis rule is effective on September 21, 2015.
ContactAbby Fulton, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 303-312-6563, [email protected]
FR Citation80 FR 50582 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Greenhouse Gases; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds
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