82_FR_24956 82 FR 24853 - Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana

82 FR 24853 - Approval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 103 (May 31, 2017)

Page Range24853-24856
FR Document2017-10924

The Environmental Protection Agency (EPA) is taking direct final action to approve State Implementation Plan (SIP) revisions submitted by the state of Montana on September 8, 2016. The revisions are to the Administrative Rules of Montana (ARM) and include updates to the citations and references to federal and state laws and regulations, updated links to sources of information, and provides clarity on how copies of federal regulations may be obtained. This action is being taken in accordance with section 110 of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 103 (Wednesday, May 31, 2017)
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)]
[Rules and Regulations]
[Pages 24853-24856]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10924]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2017-0020; FRL-9963-15-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve State Implementation Plan (SIP) revisions 
submitted by the state of Montana on September 8, 2016. The revisions 
are to the Administrative Rules of Montana (ARM) and include updates to 
the citations and references to federal and state laws and regulations, 
updated links to sources of information, and provides clarity on how 
copies of federal regulations may be obtained. This action is being 
taken in accordance with section 110 of the Clean Air Act (CAA).

DATES: This rule is effective on August 29, 2017 without further 
notice, unless the EPA receives adverse comment by June 30, 2017. If 
the EPA receives adverse comment, we will publish a timely withdrawal 
of the direct final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2017-0020 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Publicly available docket materials are 
available either

[[Page 24854]]

electronically in www.regulations.gov or in hard copy at the Air 
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that 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 additional submission methods, the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jaslyn Dobrahner, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of the 
Federal Register, we are publishing a separate document that will serve 
as the proposed rule to approve the SIP revisions if adverse comments 
are received on this direct final rule. We will not institute a second 
comment period on this action. Any parties interested in commenting 
must do so at this time. For further information about commenting on 
this rule, see the ADDRESSES section of this document.
    If the EPA receives adverse comments, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. If the EPA receives adverse comment on an 
amendment, paragraph, or section of this rule, the EPA may adopt as 
final those provisions of the rule that are not the subject of an 
adverse comment. We would address all public comments in a subsequent 
final rule based on the proposed rule.

II. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to the EPA through https://www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information on a disk or 
CD ROM that you mail to the EPA, mark the outside of the disk or CD ROM 
as CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register, date, and 
page number);
     Follow directions and organize your comments;
     Explain why you agree or disagree;
     Suggest alternatives and substitute language for your 
requested changes;
     Describe any assumptions and provide any technical 
information and/or data that you used;
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced;
     Provide specific examples to illustrate your concerns, and 
suggest alternatives;
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats; and
     Make sure to submit your comments by the comment period 
deadline identified.

III. Background

    On September 8, 2016, the state of Montana submitted formal 
revisions to its SIP (hereafter, the ``2016 SIP revisions''). The 2016 
SIP revisions contain amendments updating citations and references to 
federal and state laws and regulations in ARM sections 17.8.102 and 
17.8.103. The Montana Board of Environmental Review adopted the 
amendments on May 29, 2015 (effective June 26, 2015).

IV. Review of the State of Montana's September 8, 2016 Submittal

    We evaluated Montana's September 8, 2016 submittal regarding 
revisions to the State's ARM. The 2016 SIP revisions to ARM 17.8.102 
and 17.8.103 update the citations and references to federal and state 
laws and regulations, update links to sources of information, and 
provide clarity on how copies of federal regulations may be obtained. 
All of the 2016 SIP revisions are approvable. Therefore, in this action 
we are approving revisions to ARM sections 17.8.102 and 17.8.103 as 
detailed in Section V below.

V. What action is the EPA taking?

    The amendments to Montana ARM 17.8.102 and 17.8.103 update the date 
of the version of the federal regulations incorporated by reference 
regarding air quality rules as they existed on July 1, 2014, federal 
statutes as they existed on December 31, 2013, and the September 30, 
2014 edition of the ARM. Therefore, the EPA is taking direct final 
action to approve the following revisions, shown in Table 1, to 
Montana's air rules.

         Table 1--List of Montana Revisions the EPA Is Approving
------------------------------------------------------------------------
      Revised Sections in September 8, 2016 Submittal for Approval
-------------------------------------------------------------------------
September 8, 2016 submittal: 17.8.102(1)(a)-(c); 17.8.103(4) and (5).
------------------------------------------------------------------------

VI. 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 
Administrative Rules of Montana described in the amendments set forth 
to 40 CFR part 52 below. Therefore, these materials have been approved 
by the EPA for inclusion in the SIP, have been incorporated by 
reference by the EPA into that plan, are fully federally enforceable 
under sections 110 and 113 of the CAA as of the effective date of the 
final rulemaking of the EPA's approval, and will be incorporated by 
reference by the Director of the Federal Register in the next update to 
the SIP compilation.\1\ The EPA has made, and will continue to make, 
these materials generally available through www.regulations.gov and/or 
at the EPA Region 8 Office (please contact the person identified in the 
FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VII. 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, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
direct final action merely approves some state law

[[Page 24855]]

as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under 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 the 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 the 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. The 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 July 31, 2017. 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: May 12, 2017.
Suzanne J. Bohan,
Acting 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.

Subpart BB--Montana

0
2. Section 52.1370(c) is amended under ``(i) Administrative Rules of 
Montana, Subchapter 01, General Provisions'' by revising entries 
``17.8.102'' and ``17.8.103''.
    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
----------------------------------------------------------------------------------------------------------------
                                                  (1) Statewide
                     (i) Administrative Rules of Montana, Subchapter 01, General Provisions
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
17.8.102.....................  Incorporation           6/26/15         5/31/17  [Insert Federal
                                by Reference.                                    Register
                                                                                 citation].
17.8.103.....................  Incorporation           6/26/15         5/31/17  [Insert Federal
                                by Reference.                                    Register
                                                                                 citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-10924 Filed 5-30-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                         Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                                        24853

                                                  County in South Carolina. Pursuant to                                Under section 307(b)(1) of the CAA,                Intergovernmental relations, Lead,
                                                  the Catawba Indian Claims Settlement                              petitions for judicial review of this                 Nitrogen dioxide, Ozone, Particulate
                                                  Act, S.C. Code Ann. 27–16–120, ‘‘all                              action must be filed in the United States             matter, Reporting and recordkeeping
                                                  state and local environmental laws and                            Court of Appeals for the appropriate                  requirements, Sulfur oxides, Volatile
                                                  regulations apply to the [Catawba Indian                          circuit by July 31, 2017. Filing a petition           organic compounds.
                                                  Nation] and Reservation and are fully                             for reconsideration by the Administrator
                                                                                                                                                                            Dated: April 27, 2017.
                                                  enforceable by all relevant state and                             of this final rule does not affect the
                                                  local agencies and authorities.’’ EPA                             finality of this action for the purposes of           V. Anne Heard,
                                                  notes that today’s action will not impose                         judicial review nor does it extend the                Acting Regional Administrator, Region 4.
                                                  substantial direct costs on Tribal                                time within which a petition for judicial
                                                  governments or preempt Tribal law.                                review may be filed, and shall not                    ■   40 CFR part 52 is amended as follows:
                                                     The Congressional Review Act, 5                                postpone the effectiveness of such rule
                                                  U.S.C. 801 et seq., as added by the Small                         or action. Parties with objections to this            PART 52—APPROVAL AND
                                                  Business Regulatory Enforcement                                   direct final rule are encouraged to file a            PROMULGATION OF
                                                  Fairness Act of 1996, generally provides                          comment in response to the parallel                   IMPLEMENTATION PLANS
                                                  that before a rule may take effect, the                           notice of proposed rulemaking for this
                                                  agency promulgating the rule must                                 action published in the proposed rules                ■ 1. The authority citation for part 52
                                                  submit a rule report, which includes a                            section of today’s Federal Register,                  continues to read as follows:
                                                  copy of the rule, to each House of the                            rather than file an immediate petition                    Authority: 42 U.S.C. 7401 et seq.
                                                  Congress and to the Comptroller General                           for judicial review of this direct final
                                                  of the United States. EPA will submit a                           rule, so that EPA can withdraw this                   Subpart PP—South Carolina
                                                  report containing this action and other                           direct final rule and address the
                                                  required information to the U.S. Senate,                          comment in the proposed rulemaking.                   ■ 2. Section 52.2120(c) is amended by
                                                  the U.S. House of Representatives, and                            This action may not be challenged later               revising an entry under ‘‘Regulation No.
                                                  the Comptroller General of the United                             in proceedings to enforce its                         62.1’’ entitled ‘‘Section III’’ to read as
                                                  States prior to publication of the rule in                        requirements. See section 307(b)(2).                  follows:
                                                  the Federal Register. A major rule
                                                  cannot take effect until 60 days after it                         List of Subjects in 40 CFR Part 52                    § 52.2120    Identification of plan.
                                                  is published in the Federal Register.                               Environmental protection, Air                       *       *    *         *     *
                                                  This action is not a ‘‘major rule’’ as                            pollution control, Carbon monoxide,
                                                  defined by 5 U.S.C. 804(2).                                       Incorporation by reference,                               (c) * * *

                                                                                                    AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
                                                                                                                                                  State effective    EPA approval
                                                                   State citation                                   Title/subject                                                               Federal Register notice
                                                                                                                                                       date             date


                                                            *                                *                       *                  *                            *                      *                  *
                                                  Section III ........................................   Emission Inventory and Emissions              9/23/2016         5/31/2017     [Insert Federal Register page cita-
                                                                                                          Statement.                                                                      tion]

                                                               *                             *                        *                      *                       *                      *                     *



                                                  *        *        *        *        *                             state of Montana on September 8, 2016.                instructions for submitting comments.
                                                  [FR Doc. 2017–10920 Filed 5–30–17; 8:45 am]                       The revisions are to the Administrative               Once submitted, comments cannot be
                                                  BILLING CODE 6560–50–P                                            Rules of Montana (ARM) and include                    edited or removed from Regulations.gov.
                                                                                                                    updates to the citations and references               The EPA may publish any comment
                                                                                                                    to federal and state laws and                         received to its public docket. Do not
                                                  ENVIRONMENTAL PROTECTION                                          regulations, updated links to sources of              submit electronically any information
                                                  AGENCY                                                            information, and provides clarity on                  you consider to be Confidential
                                                                                                                    how copies of federal regulations may                 Business Information (CBI) or other
                                                  40 CFR Part 52                                                    be obtained. This action is being taken               information whose disclosure is
                                                  [EPA–R08–OAR–2017–0020; FRL–9963–15–                              in accordance with section 110 of the                 restricted by statute. Multimedia
                                                  Region 8]                                                         Clean Air Act (CAA).                                  submissions (audio, video, etc.) must be
                                                                                                                    DATES: This rule is effective on August               accompanied by a written comment.
                                                  Approval and Promulgation of Air                                  29, 2017 without further notice, unless               The written comment is considered the
                                                  Quality Implementation Plans;                                     the EPA receives adverse comment by                   official comment and should include
                                                  Montana; Revisions to the                                         June 30, 2017. If the EPA receives                    discussion of all points you wish to
                                                  Administrative Rules of Montana                                   adverse comment, we will publish a                    make. The EPA will generally not
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                    timely withdrawal of the direct final                 consider comments or comment
                                                  AGENCY: Environmental Protection
                                                                                                                    rule in the Federal Register informing                contents located outside of the primary
                                                  Agency (EPA).
                                                                                                                    the public that the rule will not take                submission (i.e., on the web, cloud, or
                                                  ACTION: Direct final rule.                                        effect.                                               other file sharing system).
                                                  SUMMARY:   The Environmental Protection                           ADDRESSES:  Submit your comments,                       Docket: All documents in the docket
                                                  Agency (EPA) is taking direct final                               identified by Docket ID No. EPA–R08–                  are listed in the www.regulations.gov
                                                  action to approve State Implementation                            OAR–2017–0020 at https://                             index. Publicly available docket
                                                  Plan (SIP) revisions submitted by the                             www.regulations.gov. Follow the online                materials are available either


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                                                  24854            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  electronically in www.regulations.gov or                you mail to the EPA, mark the outside                 approving revisions to ARM sections
                                                  in hard copy at the Air Program,                        of the disk or CD ROM as CBI and then                 17.8.102 and 17.8.103 as detailed in
                                                  Environmental Protection Agency                         identify electronically within the disk or            Section V below.
                                                  (EPA), Region 8, 1595 Wynkoop Street,                   CD ROM the specific information that is
                                                                                                                                                                V. What action is the EPA taking?
                                                  Denver, Colorado 80202–1129. The EPA                    claimed as CBI. In addition to one
                                                  requests that you contact the individual                complete version of the comment that                    The amendments to Montana ARM
                                                  listed in the FOR FURTHER INFORMATION                   includes information claimed as CBI, a                17.8.102 and 17.8.103 update the date of
                                                  CONTACT section to view the hard copy                   copy of the comment that does not                     the version of the federal regulations
                                                  of the docket. You may view the hard                    contain the information claimed as CBI                incorporated by reference regarding air
                                                  copy of the docket Monday through                       must be submitted for inclusion in the                quality rules as they existed on July 1,
                                                  Friday, 8:00 a.m. to 4:00 p.m., excluding               public docket. Information so marked                  2014, federal statutes as they existed on
                                                  federal holidays. For additional                        will not be disclosed except in                       December 31, 2013, and the September
                                                  submission methods, the full EPA                        accordance with procedures set forth in               30, 2014 edition of the ARM. Therefore,
                                                  public comment policy, information                      40 CFR part 2.                                        the EPA is taking direct final action to
                                                  about CBI or multimedia submissions,                       2. Tips for preparing your comments.               approve the following revisions, shown
                                                  and general guidance on making                          When submitting comments, remember                    in Table 1, to Montana’s air rules.
                                                  effective comments, please visit http://                to:
                                                  www2.epa.gov/dockets/commenting-                           • Identify the rulemaking by docket                    TABLE 1—LIST OF MONTANA
                                                  epa-dockets.                                            number and other identifying                            REVISIONS THE EPA IS APPROVING
                                                  FOR FURTHER INFORMATION CONTACT:                        information (subject heading, Federal
                                                                                                          Register, date, and page number);                        Revised Sections in September 8, 2016
                                                  Jaslyn Dobrahner, Air Program, U.S.                                                                                      Submittal for Approval
                                                  Environmental Protection Agency                            • Follow directions and organize your
                                                  (EPA), Region 8, Mail Code 8P–AR,                       comments;                                             September 8, 2016 submittal: 17.8.102(1)(a)–
                                                  1595 Wynkoop Street, Denver, Colorado                      • Explain why you agree or disagree;                 (c); 17.8.103(4) and (5).
                                                                                                             • Suggest alternatives and substitute
                                                  80202–1129, (303) 312–6252,
                                                                                                          language for your requested changes;                  VI. Incorporation by Reference
                                                  dobrahner.jaslyn@epa.gov.
                                                                                                             • Describe any assumptions and
                                                  SUPPLEMENTARY INFORMATION:                              provide any technical information and/                   In this rule, the EPA is finalizing
                                                                                                          or data that you used;                                regulatory text that includes
                                                  I. Why is the EPA using a direct final
                                                  rule?                                                      • If you estimate potential costs or               incorporation by reference. In
                                                                                                          burdens, explain how you arrived at                   accordance with requirements of 1 CFR
                                                     The EPA is publishing this rule                      your estimate in sufficient detail to                 51.5, the EPA is finalizing the
                                                  without prior proposal because the                      allow for it to be reproduced;                        incorporation by reference of
                                                  Agency views this as a noncontroversial                    • Provide specific examples to                     Administrative Rules of Montana
                                                  amendment and anticipates no adverse                    illustrate your concerns, and suggest                 described in the amendments set forth
                                                  comments. However, in the ‘‘Proposed                    alternatives;                                         to 40 CFR part 52 below. Therefore,
                                                  Rules’’ section of the Federal Register,                   • Explain your views as clearly as                 these materials have been approved by
                                                  we are publishing a separate document                   possible, avoiding the use of profanity               the EPA for inclusion in the SIP, have
                                                  that will serve as the proposed rule to                 or personal threats; and                              been incorporated by reference by the
                                                  approve the SIP revisions if adverse                       • Make sure to submit your                         EPA into that plan, are fully federally
                                                  comments are received on this direct                    comments by the comment period                        enforceable under sections 110 and 113
                                                  final rule. We will not institute a second              deadline identified.                                  of the CAA as of the effective date of the
                                                  comment period on this action. Any                                                                            final rulemaking of the EPA’s approval,
                                                  parties interested in commenting must                   III. Background                                       and will be incorporated by reference by
                                                  do so at this time. For further                            On September 8, 2016, the state of                 the Director of the Federal Register in
                                                  information about commenting on this                    Montana submitted formal revisions to                 the next update to the SIP compilation.1
                                                  rule, see the ADDRESSES section of this                 its SIP (hereafter, the ‘‘2016 SIP                    The EPA has made, and will continue
                                                  document.                                               revisions’’). The 2016 SIP revisions                  to make, these materials generally
                                                     If the EPA receives adverse                          contain amendments updating citations                 available through www.regulations.gov
                                                  comments, we will publish a timely                      and references to federal and state laws              and/or at the EPA Region 8 Office
                                                  withdrawal in the Federal Register                      and regulations in ARM sections                       (please contact the person identified in
                                                  informing the public that the rule will                 17.8.102 and 17.8.103. The Montana                    the FOR FURTHER INFORMATION CONTACT
                                                  not take effect. If the EPA receives                    Board of Environmental Review adopted                 section of this preamble for more
                                                  adverse comment on an amendment,                        the amendments on May 29, 2015                        information).
                                                  paragraph, or section of this rule, the                 (effective June 26, 2015).
                                                  EPA may adopt as final those provisions                                                                       VII. Statutory and Executive Orders
                                                                                                          IV. Review of the State of Montana’s                  Review
                                                  of the rule that are not the subject of an
                                                                                                          September 8, 2016 Submittal                             Under the CAA, the Administrator is
                                                  adverse comment. We would address all
                                                  public comments in a subsequent final                      We evaluated Montana’s September 8,                required to approve a SIP submission
                                                  rule based on the proposed rule.                        2016 submittal regarding revisions to                 that complies with the provisions of the
                                                                                                          the State’s ARM. The 2016 SIP revisions               Act and applicable federal regulations
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  II. What should I consider as I prepare                 to ARM 17.8.102 and 17.8.103 update                   (42 U.S.C. 7410(k), 40 CFR 52.02(a)).
                                                  my comments for EPA?                                    the citations and references to federal               Thus, in reviewing SIP submissions, the
                                                    1. Submitting CBI. Do not submit CBI                  and state laws and regulations, update                EPA’s role is to approve state choices,
                                                  to the EPA through https://                             links to sources of information, and                  provided that they meet the criteria of
                                                  www.regulations.gov or email. Clearly                   provide clarity on how copies of federal              the CAA. Accordingly, this direct final
                                                  mark the part or all of the information                 regulations may be obtained. All of the               action merely approves some state law
                                                  that you claim to be CBI. For CBI                       2016 SIP revisions are approvable.
                                                  information on a disk or CD ROM that                    Therefore, in this action we are                        1 62   FR 27968 (May 22, 1997).



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                                                                       Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations                                                          24855

                                                  as meeting federal requirements and                          methods, under Executive Order 12898                       and shall not postpone the effectiveness
                                                  does not impose additional                                   (59 FR 7629, Feb. 16, 1994).                               of such rule or action. This action may
                                                  requirements beyond those imposed by                            The SIP is not approved to apply on                     not be challenged later in proceedings to
                                                  state law. For that reason, this action:                     any Indian reservation land or in any                      enforce its requirements. (See CAA
                                                     • Is not a ‘‘significant regulatory                       other area where the EPA or an Indian                      section 307(b)(2).)
                                                  action’’ subject to review by the Office                     tribe has demonstrated that a tribe has
                                                                                                               jurisdiction. In those areas of Indian                     List of Subjects in 40 CFR Part 52
                                                  of Management and Budget under
                                                  Executive Order 12866 (58 FR 51735,                          country, the rule does not have tribal                       Environmental protection, Air
                                                  Oct. 4, 1993);                                               implications and will not impose                           pollution control, Carbon monoxide,
                                                     • Does not impose an information                          substantial direct costs on tribal                         Incorporation by reference,
                                                  collection burden under the provisions                       governments or preempt tribal law as                       Intergovernmental relations,
                                                  of the Paperwork Reduction Act (44                           specified by Executive Order 13175 (65                     Greenhouse gases, Lead, Nitrogen
                                                  U.S.C. 3501 et seq.);                                        FR 67249, November 9, 2000).                               dioxide, Ozone, Particulate matter,
                                                     • Is certified as not having a                               The Congressional Review Act, 5                         Reporting and recordkeeping
                                                  significant economic impact on a                             U.S.C. 801 et seq., as added by the Small                  requirements, Sulfur oxides, Volatile
                                                  substantial number of small entities                         Business Regulatory Enforcement                            organic compounds.
                                                  under the Regulatory Flexibility Act (5                      Fairness Act of 1996, generally provides
                                                                                                               that before a rule may take effect, the                        Authority: 42 U.S.C. 7401 et seq.
                                                  U.S.C. 601 et seq.);
                                                     • Does not contain any unfunded                           agency promulgating the rule must                            Dated: May 12, 2017.
                                                  mandate or significantly or uniquely                         submit a rule report, which includes a                     Suzanne J. Bohan,
                                                  affect small governments, as described                       copy of the rule, to each House of the                     Acting Regional Administrator, Region 8.
                                                  in the Unfunded Mandates Reform Act                          Congress and to the Comptroller General
                                                  of 1995 (Pub. L. 104–4);                                     of the United States. The EPA will                           40 CFR part 52 is amended to read as
                                                     • Does not have federalism                                submit a report containing this action                     follows:
                                                  implications as specified in Executive                       and other required information to the
                                                                                                                                                                          PART 52—APPROVAL AND
                                                  Order 13132 (64 FR 43255, Aug. 10,                           U.S. Senate, the U.S. House of
                                                                                                                                                                          PROMULGATION OF
                                                  1999);                                                       Representatives, and the Comptroller
                                                                                                                                                                          IMPLEMENTATION PLANS
                                                     • Is not an economically significant                      General of the United States prior to
                                                  regulatory action based on health or                         publication of the rule in the Federal
                                                                                                                                                                          ■ 1. The authority citation for part 52
                                                  safety risks subject to Executive Order                      Register. A major rule cannot take effect
                                                                                                                                                                          continues to read as follows:
                                                  13045 (62 FR 19885, April 23, 1997);                         until 60 days after it is published in the
                                                     • Is not a significant regulatory action                  Federal Register. This action is not a                         Authority: 42 U.S.C. 7401 et seq.
                                                  subject to Executive Order 13211 (66 FR                      ‘‘major rule’’ as defined by 5 U.S.C.
                                                  28355, May 22, 2001);                                        804(2).                                                    Subpart BB—Montana
                                                     • Is not subject to requirements of                          Under section 307(b)(1) of the Clean
                                                  Section 12(d) of the National                                Air Act, petitions for judicial review of                  ■  2. Section 52.1370(c) is amended
                                                  Technology Transfer and Advancement                          this action must be filed in the United                    under ‘‘(i) Administrative Rules of
                                                  Act of 1995 (15 U.S.C. 272 note) because                     States Court of Appeals for the                            Montana, Subchapter 01, General
                                                  application of those requirements would                      appropriate circuit by July 31, 2017.                      Provisions’’ by revising entries
                                                  be inconsistent with the CAA; and,                           Filing a petition for reconsideration by                   ‘‘17.8.102’’ and ‘‘17.8.103’’.
                                                     • Does not provide the EPA with the                       the Administrator of this final rule does                     The revisions read as follows:
                                                  discretionary authority to address, as                       not affect the finality of this action for
                                                                                                                                                                          § 52.1370    Identification of plan.
                                                  appropriate, disproportionate human                          the purposes of judicial review nor does
                                                  health or environmental effects, using                       it extend the time within which a                          *       *    *         *   *
                                                  practicable and legally permissible                          petition for judicial review may be filed,                     (c) * * *

                                                                                                                           State                 EPA final
                                                          State citation                         Rule title               effective                                    Final rule citation               Comments
                                                                                                                                                 rule date
                                                                                                                            date

                                                                                                                            (1) Statewide
                                                                                              (i) Administrative Rules of Montana, Subchapter 01, General Provisions


                                                           *                              *                   *                            *                        *                  *                          *
                                                  17.8.102 ..........................   Incorporation by Ref-                    6/26/15              5/31/17    [Insert Federal Register
                                                                                          erence.                                                                   citation].
                                                  17.8.103 ..........................   Incorporation by Ref-                    6/26/15              5/31/17    [Insert Federal Register
                                                                                          erence.                                                                   citation].

                                                              *                          *                       *                         *                       *                         *                    *
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                                                  *       *       *        *        *
                                                  [FR Doc. 2017–10924 Filed 5–30–17; 8:45 am]
                                                  BILLING CODE 6560–50–P




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                                                  24856            Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Rules and Regulations

                                                  ENVIRONMENTAL PROTECTION                                February 25, 2005 (70 FR 9450), EPA                   Sealants, Primers and Solvents), section
                                                  AGENCY                                                  published a document in the Federal                   130.703.
                                                                                                          Register beginning the new IBR                          f. Chapter 139 (Sampling and
                                                  40 CFR Part 52                                          procedure for Pennsylvania, including                 Testing), subchapter A (Sampling and
                                                                                                          Philadelphia and Allegheny Counties.                  Testing Methods and Procedures—
                                                  [PA 200–4205; FRL–9959–23–Region 3]
                                                                                                          On January 3, 2007 (72 FR 200), March                 General), section 139.4.
                                                  Air Plan Approval; Pennsylvania;                        25, 2009 (74 FR 13014), July 5, 2011 (76                g. Chapter 139 (Sampling and
                                                  Update to Materials Incorporated by                     FR 38992), and August 1, 2013 (78 FR                  Testing), subchapter A (Sampling and
                                                  Reference                                               46516), EPA published updates to the                  Testing Methods and Procedures—
                                                                                                          IBR material for Pennsylvania.                        Stationary Sources), section 139.16.
                                                  AGENCY:  Environmental Protection                         Since the publication of the last IBR                 2. Revisions to Allegheny County
                                                  Agency (EPA).                                           update, EPA has approved the following                article XXI:
                                                  ACTION: Final rule; administrative                      regulatory changes to the following                     a. Part A (General), sections 2101.10
                                                  change.                                                 regulations and sections for                          and 2101.20.
                                                                                                          Pennsylvania and Allegheny County:                      b. Part B (Permits Generally), sections
                                                  SUMMARY:   The Environmental Protection
                                                  Agency (EPA) is updating the materials                  A. Added Regulations                                  2102.04, 2102.06, 2102.08 and 2102.10.
                                                  that are incorporated by reference (IBR)                                                                        c. Part E (Source Emission and
                                                                                                             1. Additions of the following                      Operating Standards), subpart 1—VOC
                                                  into the Pennsylvania state                             regulations or sections in 25 PA Code,
                                                  implementation plan (SIP). The                                                                                Sources, sections 2105.10 and 2105.11.
                                                                                                          article III:                                            d. Part E (Source Emission and
                                                  regulations affected by this update have                   a. Chapter 123 (Standards for
                                                  been previously submitted by the                                                                              Operating Standards), subpart 5—Open
                                                                                                          Contaminants, Sulfur Compound                         Burning and Abrasive Blasting Sources,
                                                  Pennsylvania Department of                              Emissions), sections 123.22(f) and
                                                  Environmental Protection (PADEP) and                                                                          section 2105.50.
                                                                                                          123.22(g).
                                                  approved by EPA. This update affects                       b. Chapter 129 (Standard for Sources),             C. Removed Regulations
                                                  the SIP materials that are available for                (Sources for VOCs), sections 67(a) and
                                                  public inspection at the National                                                                               In 25 PA Code article III, chapter 130
                                                                                                          67(b).                                                (Standards for Products), subchapter A
                                                  Archives and Records Administration                        2. Addition of title 65 (Pennsylvania
                                                  (NARA) and the EPA Regional Office.                                                                           (Portable Fuel Containers), sections
                                                                                                          Statute—Public Officers), part II                     130.101 through 130.108 inclusive have
                                                  DATES: This action is effective May 31,                 (Accountability), chapter 11 (Ethics,                 been removed.
                                                  2017.                                                   Standards, and Financial Disclosure),
                                                  ADDRESSES: SIP materials which are                      sections 1101 (Short title of chapter),               II. EPA Action
                                                  incorporated by reference into 40 CFR                   1102 (Definitions), 1104 (Statement of                   In this action, EPA is announcing the
                                                  part 52 are available for inspection at                 financial interests required to be filed),            update to the IBR material as of July 1,
                                                  the following locations: Air Protection                 1105 (Statement of financial interests)               2016 and revising the text within 40
                                                  Division, U.S. Environmental Protection                 and 1109 (Penalties).                                 CFR 52.2020(b).
                                                  Agency, Region III, 1650 Arch Street,                      3. Additions of the following                         EPA is revising our 40 CFR part 52
                                                  Philadelphia, Pennsylvania 19103; or                    regulations or sections in Allegheny                  ‘‘Identification of Plan’’ for the
                                                  NARA. For information on the                            County article XXI:                                   Commonwealth of Pennsylvania
                                                  availability of this material at NARA,                     a. Additional definitions were added               regarding incorporation by reference,
                                                  call 202–741–6030, or go to: http://                    to part A (General), section 2102.20.                 § 52.2020(b). EPA is revising
                                                  www.archives.gov/federal_register/                         b. Part D (Pollutant Emission                      § 52.2020(b)(1) to clarify that all SIP
                                                  code_of_federal_regulations/ibr_                        Standards), section 2104.09.                          revisions listed in paragraphs (c) and
                                                  locations.html.                                            c. Part E (Source Emission and                     (d), regardless of inclusion in the most
                                                  FOR FURTHER INFORMATION CONTACT:                        Operating Standards), subpart 7                       recent ‘‘update to the SIP compilation,’’
                                                  Sharon McCauley, (215) 814–3376, or by                  (Miscellaneous VOC Sources), section                  are fully federally enforceable under
                                                  email at mccauley.sharon@epa.gov.                       2105.80 through 2105.86 inclusive.                    sections 110 and 113 of the CAA as of
                                                  SUPPLEMENTARY INFORMATION:                                                                                    the effective date of the final rulemaking
                                                                                                          B. Revised Regulations
                                                                                                                                                                in which EPA approved the SIP
                                                  I. Background                                              1. Revisions to the following                      revision, consistent with following our
                                                     The SIP is a living document which                   regulations or sections in 25 PA Code,                ‘‘Approval and Promulgations of Air
                                                  a state revises as necessary to address its             article III:                                          Quality Implementation Plans; Revised
                                                  unique air pollution problems.                             a. Chapter 121 (General Provisions),               Format of 40 CFR part 52 for Materials
                                                  Therefore, EPA, from time to time, must                 section 121.1.                                        Being Incorporated by Reference,’’
                                                  take action on SIP revisions containing                    b. Chapter 123 (Sulfur Compound                    effective May 22, 1997 (62 FR 27968).
                                                  new and/or revised regulations as being                 Emissions), sections 123.22(a) through                EPA is revising § 52.2020(b)(2) to clarify
                                                  part of the SIP. On May 22, 1997 (62 FR                 (e) inclusive.                                        references to other portions of paragraph
                                                  27968), EPA revised the procedures for                     c. Chapter 127 (Construction,                      (b) with paragraph (b)(2). EPA is
                                                  incorporating by reference federally-                   Modification, Reactivation, and                       revising paragraph (b)(3) to update
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                                                  approved SIPs, as a result of                           Operation of Sources), subchapter I                   address and contact information.
                                                  consultations between EPA and the                       (Plan Approval and Operating Permit                      In the table for paragraph 40 CFR
                                                  Office of the Federal Register (OFR). The               Fees), section 127.701.                               52.2020(c)(1), EPA is taking the
                                                  description of the revised SIP                             d. Chapter 129 (Standards for                      following action:
                                                  document, IBR procedures and                            Sources), (Sources of VOCs), sections                    Rearrange entries in chapter 123
                                                  ‘‘Identification of plan’’ format are                   129.51, 129.67, and 129.77.                           (Standards for Contaminants), (Sulfur
                                                  discussed in further detail in the May                     e. Chapter 130 (Standards for                      Compound Emissions), section 123.22
                                                  22, 1997 Federal Register document. On                  Products), subchapter D (Adhesives,                   (a) through 123.22(e).


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Document Created: 2017-05-31 05:59:39
Document Modified: 2017-05-31 05:59:39
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
ActionDirect final rule.
DatesThis rule is effective on August 29, 2017 without further notice, unless the EPA receives adverse comment by June 30, 2017. If the EPA receives adverse comment, we will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect.
ContactJaslyn Dobrahner, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6252, [email protected]
FR Citation82 FR 24853 
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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