83_FR_18576 83 FR 18494 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to PSD Permitting Rules

83 FR 18494 - Approval and Promulgation of Air Quality Implementation Plans; State of Montana; Revisions to PSD Permitting Rules

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18494-18496
FR Document2018-08624

The Environmental Protection Agency (EPA) is proposing to fully approve the State Implementation Plan (SIP) revision submitted by the State of Montana on October 14, 2016. Montana's October 14, 2016 submittal revises their prevention of significant deterioration (PSD) regulations. This action is being taken under section 110 of the Clean Air Act (CAA) (Act).

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018) 
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18494-18496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08624]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2018-0136; FRL-9976-44--Region 8]


Approval and Promulgation of Air Quality Implementation Plans; 
State of Montana; Revisions to PSD Permitting Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
fully approve the State Implementation Plan (SIP) revision submitted by 
the State of Montana on October 14, 2016. Montana's October 14, 2016 
submittal revises their prevention of significant deterioration (PSD) 
regulations. This action is being taken under section 110 of the Clean 
Air Act (CAA) (Act).

DATES: Written comments must be received on or before May 29, 2018.

ADDRESSES: Submit your comments, identified by EPA-R08-OAR-2018-0136 at 
http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from www.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). 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: Kevin Leone, Air Program, U.S. 
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, 
[email protected].

I. Background

    In Montana's letter from Governor Steve Bullock to EPA Regional

[[Page 18495]]

Administrator Shaun McGrath (governor's letter) dated September 21, 
2016, Montana referenced two actions for the EPA to consider for 
approval into Montana's federally approved SIP: (1) Revisions to PSD 
Permitting Provisions; and (2) Montana's 2015 Revised 8-hour ozone 
NAAQS initial designations. Montana's 2015 revised 8-hour ozone NAAQS 
initial designations is not part of Montana's SIP, and therefore does 
not require action under CAA section 110. In this proposed rulemaking 
action, the EPA is proposing full approval of Montana's revision to 
their PSD permitting provisions, and the EPA is taking no action on 
Montana's 2015 revised 8-hour ozone NAAQS initial designations.

Montana's October 14, 2016 Submittal

    Section 165(e)(2) of the federal Clean Air Act (CAA) requires a 
proposed major emitting facility to conduct monitoring for, among other 
emissions, particulate matter with a diameter of less than 2.5 
micrometers (PM2.5).
    On May 16, 2008, EPA promulgated the rule, ``Implementation of the 
New Source Review Program for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)'' (73 FR 28321) (the 2008 
PM2.5 New Source Review (NSR) Implementation Rule) and on 
October 20, 2010 EPA promulgated the rule, ``Prevention of Significant 
Deterioration (PSD) for Particulate Matter Less Than 2.5 Micrometers 
(PM2.5)--Increments, Significant Impact Levels (SILs) and 
Significant Monitoring Concentration (SMC)'' (75 FR 64864) (the 2010 
Increment Rule). The 2010 Increment Rule adopted regulations setting 
the SMC for PM2.5 at 4 micrograms per cubic meter averaged 
over 24 hours. A SMC may be used to exempt sources from preconstruction 
monitoring when modeled impacts from the proposed facility, or the 
existing air quality level in the area of the proposed source, is less 
than the SMC.
    The Board of Environmental Review of the State of Montana (the 
Board) revised Administrative Rules of Montana (ARM) 
17.8.818(7)(a)(iii) to adopt the same SMC for PM2.5 as the 
federal regulation, effective October 14, 2011 (See docket--MAR Notice 
No. 17-322.). These revisions, which were submitted to the EPA on 
August 21, 2012, addressed the requirements of the 2008 
PM2.5 NSR Implementation Rule and the 2010 Increment Rule, 
including setting the SMC for PM2.5 at 4 micrograms per 
cubic meter, averaged over a 24-hour period. Subsequently, portions of 
the 2010 Increment rule were vacated by the federal courts (Sierra Club 
v. EPA, 705 F. 3d 458 (D.C. Cir. 2013)). Among other things, the court 
vacated the PM2.5 SMC as not allowed by the CAA. On December 
9, 2013, the EPA promulgated the rule ``Prevention of Significant 
Deterioration for Particulate Matter Less Than 2.5 Micrometers--
Significant Impact Levels and Significant Monitoring Concentration: 
Removal of Vacated Elements.'' (78 FR 73698). This rulemaking revised 
the affected NSR-PSD rules accordingly, in which the EPA amended 40 CFR 
51.166(i)(5)(i)(c) and 52.21(i)(5)(i)(c) to reduce the SMC to 0 
micrograms per cubic meter and eliminate the 24-hour averaging period.
    Because the EPA amended its SMC regulations, the Montana Department 
of Environmental Quality (MDEQ) requested the Board to amend its rule, 
ARM 17.8.818(7)(a)(iii). However, the MDEQ did not recommend that the 
Board remove the 24-hour averaging period for the PM2.5 SMC 
from the rule. On March 24, 2015, Montana submitted SIP revisions to 
the EPA which addressed the court's decisions (except for removing the 
24-hour averaging period); this submittal superseded and replaced these 
aspects of Montana's August 21, 2012 submittal.
    In response to Montana's March 24, 2015 SIP revisions, on April 20, 
2016 (81 FR 23180), the EPA published a final rulemaking titled: ``Air 
Quality State Implementation Plans; Approvals and Promulgations: 
Montana; Infrastructure Requirements for the 2008 Lead, 2008 Ozone, 
2010 NO2, 2010 SO2, and 2012 PM2.5 
National Ambient Air Quality Standards.'' Under section 110(k)(4) of 
the CAA, the EPA may conditionally approve a SIP based on a commitment 
from a state to adopt specific enforceable measures within 1 year from 
the date of final approval. In the EPA's April 20, 2016 rulemaking, the 
EPA took final action to approve revisions in the March 24, 2015 
submittal to ARM 17.8.818(7)(a)(iii) on the condition that the State 
adopts and submits specific revisions within 1 year of EPA's final 
action on these infrastructure submittals; specifically to remove the 
phrase ``24-hour average'' in ARM 17.8.818(7)(a)(iii).\1\ Montana 
submitted this amendment to their rules to EPA within 1 year, on 
October 14, 2016, and the EPA is proposing action on Montana's October 
14, 2016 submittal in this rulemaking. Upon the EPA finding a timely 
meeting of Montana's commitment in full, the EPA's April 20, 2016 
conditional approval of the SIP revisions would convert to a final 
approval of Montana's plan. In this action, the EPA proposes that 
Montana's October 14, 2016 submittal meets Montana's obligation under 
the conditional approval of ARM 17.8.818(7)(a)(iii) in our April 20, 
2016 final rulemaking action.
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    \1\ See ``Section 128 and 2012 PM2.5 Cover Letter and 
PSD Commitment Letter'' submitted to EPA on December 17, 2015, 
contained within this docket.
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II. What are the changes that EPA is proposing action to approve?

    We are proposing to approve changes to Montana's SIP--in particular 
the revisions to ARM 17.8.818(7)(a)(iii)--as submitted on October 14, 
2016. We are proposing to approve the changes that are consistent with 
the CAA and the EPA regulations as follows:
    1. CAA section 110(a)(2)(C), which requires each state plan to 
include ``a program to provide for . . . the regulation of the 
modification and construction of any stationary source within the areas 
covered by the plan as necessary to assure that [the NAAQS] are 
achieved, including a permit program as required in parts C and D of 
this subchapter'';
    2. CAA section 110(a)(2)(A), requires that SIPs contain enforceable 
emissions limitations and other control measures. Under section CAA 
section 110(a)(2), the enforceability requirement in section 
110(a)(2)(A) applies to all plans submitted by a state. Montana's 
regulations in ARM 17.8 create enforceable obligations for sources;
    3. CAA section 110(i) (with certain limited exceptions) prohibits 
states from modifying SIP requirements for stationary sources except 
through the SIP revision process. As described in Section I, Montana 
fulfilled this requirement;
    4. CAA section 110(l), provides that the EPA cannot approve a SIP 
revision that interferes with any applicable requirement of the Act. 
The revisions to ARM 17.8.818 would not interfere with sections 
110(a)(2) and 110(i) of the Act, as they are in compliance with current 
federal regulations;
    5. CAA section 161, which requires a SIP to contain emission 
limitations to prevent significant deterioration of air quality in 
regions designated as attainment or unclassifiable; and
    6. Montana's SIP revision complies with the requirements of 40 CFR 
51.166 as the plan imposes the regulatory requirements on individual 
sources, as required by the regulatory provisions.

III. Proposed Action

    The EPA is proposing to approve a revision to Montana's SIP as 
submitted by the State of Montana on October 14, 2016, which remove 
``24-hour average'' from ARM 17.8.818(7)(a)(iii).

[[Page 18496]]

IV. Incorporation by Reference

    In this action, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing the incorporation 
by reference of a change to the State of Montana's SIP regarding 
removing ``24-hour average'' from ARM 17.8.818(7)(a)(iii). The EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and at the EPA Region 8 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information).

V. Statutory and Executive Order Reviews

    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 
action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Is not expected to be an Executive Order 13771 regulatory 
action because this action is not significant under Executive Order 
12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the 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, February 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 
proposed 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).

List of Subjects in 40 CFR Part 52

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

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

    Dated: April 13, 2018.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2018-08624 Filed 4-26-18; 8:45 am]
 BILLING CODE 6560-50-P

18494 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules The economic, interagency, PART 9—SERVICEMEMBERS’ GROUP ENVIRONMENTAL PROTECTION budgetary, legal, and policy LIFE INSURANCE AND VETERANS’ AGENCY implications of this regulatory action GROUP LIFE INSURANCE have been examined, and it has been 40 CFR Part 52 determined not to be a significant ■ 1. The authority citation for part 9 [EPA–R08–OAR–2018–0136; FRL–9976– regulatory action under Executive Order continues to read as follows: 44—Region 8] 12866. VA’s impact analysis can be found as a supporting document at Authority: 38 U.S.C. 501, 1965–1980A, Approval and Promulgation of Air http://www.regulations.gov, usually unless otherwise noted. Quality Implementation Plans; State of within 48 hours after the rulemaking Montana; Revisions to PSD Permitting ■ 2. In § 9.2, add new paragraph (b)(5) document is published. Additionally, a Rules to read as follows: copy of the rulemaking and its impact AGENCY: Environmental Protection analysis are available on VA’s website at § 9.2 Effective date; applications. Agency (EPA). http://www.va.gov/orpm/, by following * * * * * ACTION: Proposed rule. the link for ‘‘VA Regulations Published From FY 2004 Through Fiscal Year to (b) * * * SUMMARY: The Environmental Protection Date.’’ This proposed rule is not (5) Pursuant to 38 U.S.C. 1977(a)(3), Agency (EPA) is proposing to fully expected to be an E.O. 13771 regulatory former members under the age of 60 can approve the State Implementation Plan action because this proposed rule is not elect to increase their Veterans’ Group (SIP) revision submitted by the State of significant under E.O. 12866. Life Insurance coverage by $25,000, up Montana on October 14, 2016. Regulatory Flexibility Act to the existing Servicemembers’ Group Montana’s October 14, 2016 submittal Life Insurance maximum. The insured’s revises their prevention of significant The Secretary hereby certifies that first opportunity to elect to increase deterioration (PSD) regulations. This this proposed rule would not have a coverage is on the one-year Veterans’ action is being taken under section 110 significant economic impact on a Group Life Insurance coverage of the Clean Air Act (CAA) (Act). substantial number of small entities as anniversary date. Thereafter, the insured DATES: Written comments must be they are defined in the Regulatory could elect to increase coverage on the received on or before May 29, 2018. Flexibility Act (5 U.S.C. 601–612). This five-year anniversary date of the first ADDRESSES: Submit your comments, proposed rule would directly affect only VGLI coverage increase election identified by EPA–R08–OAR–2018– individuals and would not directly 0136 at http://www.regulations.gov. opportunity and subsequently every five affect small entities. Therefore, pursuant Follow the online instructions for years from the anniversary date of the to 5 U.S.C. 605(b), this rulemaking is submitting comments. Once submitted, exempt from the initial and final insured’s last VGLI coverage increase election opportunity. Increases of less comments cannot be edited or removed regulatory flexibility analysis from www.regulations.gov. The EPA requirements of sections 603 and 604. than $25,000 are only available when may publish any comment received to existing Veterans’ Group Life Insurance Catalog of Federal Domestic Assistance its public docket. Do not submit coverage is within less than $25,000 of electronically any information you The Catalog of Federal Domestic the Servicemembers’ Group Life consider to be Confidential Business Assistance number and title for the Insurance maximum and any increases Information (CBI) or other information programs affected by this document is of less than $25,000 must be only in the whose disclosure is restricted by statute. 64.103, Life Insurance for Veterans. amount needed to bring the insurance Multimedia submissions (audio, video, coverage up to the statutory maximum etc.) must be accompanied by a written List of Subjects in 38 CFR Part 9 allowable amount of Servicemembers’ comment. The written comment is Life insurance; Military personnel; Group Life Insurance. The eligible considered the official comment and Veterans. former members must apply for the should include discussion of all points increased coverage through the you wish to make. The EPA will Signing Authority administrative office, within 120 days of generally not consider comments or The Secretary of Veterans Affairs, or invitation prior to the initial one-year comment contents located outside of the designee, approved this document and anniversary date or within 120 days primary submission (i.e., on the web, authorized the undersigned to sign and prior to each subsequent five-year cloud, or other file sharing system). For submit the document to the Office of the coverage anniversary date from the first additional submission methods, the full Federal Register for publication VGLI coverage increase election EPA public comment policy, electronically as an official document of opportunity. The increased coverage information about CBI or multimedia the Department of Veterans Affairs. will be effective from the anniversary submissions, and general guidance on Jacquelyn Hayes-Byrd, Deputy Chief of date immediately following the election. making effective comments, please visit Staff, Department of Veterans Affairs, http://www2.epa.gov/dockets/ * * * * * commenting-epa-dockets. approved this document on February [FR Doc. 2018–08855 Filed 4–26–18; 8:45 am] 23, 2018, for publication. FOR FURTHER INFORMATION CONTACT: BILLING CODE 8320–01–P Dated: April 23, 2018. Kevin Leone, Air Program, U.S. jstallworth on DSKBBY8HB2PROD with PROPOSALS Jeffrey M. Martin, Environmental Protection Agency (EPA), Region 8, Mailcode 8P–AR, 1595 Impact Analyst, Office of Regulation Policy & Management, Office of the Secretary, Wynkoop Street, Denver, Colorado Department of Veterans Affairs. 80202–1129, (303) 312–6227, leone.kevin@epa.gov. For the reasons stated in the preamble, the Department of Veterans I. Background Affairs proposes to amend 38 CFR part In Montana’s letter from Governor 9 as follows: Steve Bullock to EPA Regional VerDate Sep<11>2014 14:38 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules 18495 Administrator Shaun McGrath Cir. 2013)). Among other things, the convert to a final approval of Montana’s (governor’s letter) dated September 21, court vacated the PM2.5 SMC as not plan. In this action, the EPA proposes 2016, Montana referenced two actions allowed by the CAA. On December 9, that Montana’s October 14, 2016 for the EPA to consider for approval into 2013, the EPA promulgated the rule submittal meets Montana’s obligation Montana’s federally approved SIP: (1) ‘‘Prevention of Significant Deterioration under the conditional approval of ARM Revisions to PSD Permitting Provisions; for Particulate Matter Less Than 2.5 17.8.818(7)(a)(iii) in our April 20, 2016 and (2) Montana’s 2015 Revised 8-hour Micrometers—Significant Impact Levels final rulemaking action. ozone NAAQS initial designations. and Significant Monitoring Montana’s 2015 revised 8-hour ozone Concentration: Removal of Vacated II. What are the changes that EPA is NAAQS initial designations is not part Elements.’’ (78 FR 73698). This proposing action to approve? of Montana’s SIP, and therefore does not rulemaking revised the affected NSR– We are proposing to approve changes require action under CAA section 110. PSD rules accordingly, in which the to Montana’s SIP—in particular the In this proposed rulemaking action, the EPA amended 40 CFR 51.166(i)(5)(i)(c) revisions to ARM 17.8.818(7)(a)(iii)—as EPA is proposing full approval of and 52.21(i)(5)(i)(c) to reduce the SMC submitted on October 14, 2016. We are Montana’s revision to their PSD to 0 micrograms per cubic meter and proposing to approve the changes that permitting provisions, and the EPA is eliminate the 24-hour averaging period. are consistent with the CAA and the taking no action on Montana’s 2015 Because the EPA amended its SMC EPA regulations as follows: revised 8-hour ozone NAAQS initial regulations, the Montana Department of 1. CAA section 110(a)(2)(C), which designations. Environmental Quality (MDEQ) requires each state plan to include ‘‘a requested the Board to amend its rule, program to provide for . . . the Montana’s October 14, 2016 Submittal ARM 17.8.818(7)(a)(iii). However, the regulation of the modification and Section 165(e)(2) of the federal Clean MDEQ did not recommend that the construction of any stationary source Air Act (CAA) requires a proposed Board remove the 24-hour averaging within the areas covered by the plan as major emitting facility to conduct period for the PM2.5 SMC from the rule. necessary to assure that [the NAAQS] monitoring for, among other emissions, On March 24, 2015, Montana submitted are achieved, including a permit particulate matter with a diameter of SIP revisions to the EPA which program as required in parts C and D of less than 2.5 micrometers (PM2.5). addressed the court’s decisions (except this subchapter’’; On May 16, 2008, EPA promulgated for removing the 24-hour averaging the rule, ‘‘Implementation of the New 2. CAA section 110(a)(2)(A), requires period); this submittal superseded and that SIPs contain enforceable emissions Source Review Program for Particulate replaced these aspects of Montana’s Matter Less Than 2.5 Micrometers limitations and other control measures. August 21, 2012 submittal. Under section CAA section 110(a)(2), (PM2.5)’’ (73 FR 28321) (the 2008 PM2.5 In response to Montana’s March 24, New Source Review (NSR) the enforceability requirement in 2015 SIP revisions, on April 20, 2016 section 110(a)(2)(A) applies to all plans Implementation Rule) and on October (81 FR 23180), the EPA published a 20, 2010 EPA promulgated the rule, submitted by a state. Montana’s final rulemaking titled: ‘‘Air Quality regulations in ARM 17.8 create ‘‘Prevention of Significant Deterioration State Implementation Plans; Approvals (PSD) for Particulate Matter Less Than enforceable obligations for sources; and Promulgations: Montana; 3. CAA section 110(i) (with certain 2.5 Micrometers (PM2.5)—Increments, Infrastructure Requirements for the 2008 Significant Impact Levels (SILs) and limited exceptions) prohibits states from Lead, 2008 Ozone, 2010 NO2, 2010 SO2, modifying SIP requirements for Significant Monitoring Concentration and 2012 PM2.5 National Ambient Air (SMC)’’ (75 FR 64864) (the 2010 stationary sources except through the Quality Standards.’’ Under section SIP revision process. As described in Increment Rule). The 2010 Increment 110(k)(4) of the CAA, the EPA may Rule adopted regulations setting the Section I, Montana fulfilled this conditionally approve a SIP based on a requirement; SMC for PM2.5 at 4 micrograms per commitment from a state to adopt cubic meter averaged over 24 hours. A 4. CAA section 110(l), provides that specific enforceable measures within 1 SMC may be used to exempt sources the EPA cannot approve a SIP revision year from the date of final approval. In from preconstruction monitoring when that interferes with any applicable the EPA’s April 20, 2016 rulemaking, modeled impacts from the proposed requirement of the Act. The revisions to the EPA took final action to approve facility, or the existing air quality level ARM 17.8.818 would not interfere with revisions in the March 24, 2015 in the area of the proposed source, is sections 110(a)(2) and 110(i) of the Act, submittal to ARM 17.8.818(7)(a)(iii) on less than the SMC. as they are in compliance with current the condition that the State adopts and The Board of Environmental Review federal regulations; submits specific revisions within 1 year of the State of Montana (the Board) 5. CAA section 161, which requires a of EPA’s final action on these revised Administrative Rules of SIP to contain emission limitations to infrastructure submittals; specifically to Montana (ARM) 17.8.818(7)(a)(iii) to prevent significant deterioration of air remove the phrase ‘‘24-hour average’’ in adopt the same SMC for PM2.5 as the quality in regions designated as ARM 17.8.818(7)(a)(iii).1 Montana federal regulation, effective October 14, attainment or unclassifiable; and submitted this amendment to their rules 2011 (See docket—MAR Notice No. 17– 6. Montana’s SIP revision complies to EPA within 1 year, on October 14, 322.). These revisions, which were with the requirements of 40 CFR 51.166 2016, and the EPA is proposing action submitted to the EPA on August 21, as the plan imposes the regulatory on Montana’s October 14, 2016 2012, addressed the requirements of the requirements on individual sources, as jstallworth on DSKBBY8HB2PROD with PROPOSALS submittal in this rulemaking. Upon the 2008 PM2.5 NSR Implementation Rule required by the regulatory provisions. EPA finding a timely meeting of and the 2010 Increment Rule, including Montana’s commitment in full, the III. Proposed Action setting the SMC for PM2.5 at 4 EPA’s April 20, 2016 conditional micrograms per cubic meter, averaged The EPA is proposing to approve a approval of the SIP revisions would over a 24-hour period. Subsequently, revision to Montana’s SIP as submitted portions of the 2010 Increment rule 1 See ‘‘Section 128 and 2012 PM by the State of Montana on October 14, 2.5 Cover Letter were vacated by the federal courts and PSD Commitment Letter’’ submitted to EPA on 2016, which remove ‘‘24-hour average’’ (Sierra Club v. EPA, 705 F. 3d 458 (D.C. December 17, 2015, contained within this docket. from ARM 17.8.818(7)(a)(iii). VerDate Sep<11>2014 14:38 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1

18496 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules IV. Incorporation by Reference • Is not a significant regulatory action submittal updates certain dates of subject to Executive Order 13211 (66 FR incorporation by reference and In this action, the EPA is proposing to 28355, May 22, 2001); reorganizes and revises certain rules. In include in a final EPA rule regulatory • Is not subject to requirements of this rulemaking, we are proposing text that includes incorporation by Section 12(d) of the National action on all portions of the October 4, reference. In accordance with Technology Transfer and Advancement 2017 submittal, except for those requirements of 1 CFR 51.5, the EPA is Act of 1995 (15 U.S.C. 272 note) because portions of the submittal which do not proposing the incorporation by application of those requirements would belong in the SIP. This action is being reference of a change to the State of be inconsistent with the CAA; and taken under section 110 of the Clean Air Montana’s SIP regarding removing ‘‘24- • Does not provide the EPA with the Act (CAA). hour average’’ from ARM discretionary authority to address, as DATES: Written comments must be 17.8.818(7)(a)(iii). The EPA has made, appropriate, disproportionate human received on or before May 29, 2018. and will continue to make, these health or environmental effects, using ADDRESSES: Submit your comments, materials generally available through practicable and legally permissible identified by EPA–R08–OAR–2018– www.regulations.gov and at the EPA methods, under Executive Order 12898 0148 at http://www.regulations.gov. Region 8 Office (please contact the (59 FR 7629, February 16, 1994). Follow the online instructions for person identified in the FOR FURTHER The SIP is not approved to apply on submitting comments. Once submitted, INFORMATION CONTACT section of this any Indian reservation land or in any comments cannot be edited or removed preamble for more information). other area where the EPA or an Indian from www.regulations.gov. The EPA V. Statutory and Executive Order tribe has demonstrated that a tribe has may publish any comment received to Reviews jurisdiction. In those areas of Indian its public docket. Do not submit country, the proposed rule does not electronically any information you Under the CAA, the Administrator is have tribal implications and will not consider to be Confidential Business required to approve a SIP submission impose substantial direct costs on tribal Information (CBI) or other information that complies with the provisions of the governments or preempt tribal law as whose disclosure is restricted by statute. Act and applicable federal regulations. specified by Executive Order 13175 (65 Multimedia submissions (audio, video, 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 67249, November 9, 2000). etc.) must be accompanied by a written Thus, in reviewing SIP submissions, the EPA’s role is to approve state choices, List of Subjects in 40 CFR Part 52 comment. The written comment is provided that they meet the criteria of considered the official comment and Environmental protection, Air should include discussion of all points the CAA. Accordingly, this action pollution control, Carbon monoxide, merely proposes to approve state law as you wish to make. The EPA will Incorporation by reference, generally not consider comments or meeting federal requirements and does Intergovernmental relations, Lead, not impose additional requirements comment contents located outside of the Nitrogen dioxide, Ozone, Particulate primary submission (i.e., on the web, beyond those imposed by state law. For matter, Reporting and recordkeeping that reason, this proposed action: cloud, or other file sharing system). For requirements, Sulfur oxides, Volatile additional submission methods, the full • Is not a ‘‘significant regulatory organic compounds. action’’ subject to review by the Office EPA public comment policy, of Management and Budget under Authority: 42 U.S.C. 7401 et seq. information about CBI or multimedia Executive Order 12866 (58 FR 51735, Dated: April 13, 2018. submissions, and general guidance on October 4, 1993) and 13563 (76 FR 3821, Douglas Benevento, making effective comments, please visit January 21, 2011); http://www2.epa.gov/dockets/ Regional Administrator, Region 8. commenting-epa-dockets. • Is not expected to be an Executive [FR Doc. 2018–08624 Filed 4–26–18; 8:45 am] Order 13771 regulatory action because FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P this action is not significant under Kevin Leone, Air Program, U.S. Executive Order 12866; Environmental Protection Agency • Does not impose an information ENVIRONMENTAL PROTECTION (EPA), Region 8, Mailcode 8P–AR, 1595 collection burden under the provisions AGENCY Wynkoop Street, Denver, Colorado of the Paperwork Reduction Act (44 80202–1129, (303) 312–6227, U.S.C. 3501 et seq.); 40 CFR Part 52 leone.kevin@epa.gov. SUPPLEMENTARY INFORMATION: • Is certified as not having a [EPA–R08–OAR–2018–0148; FRL–9977– significant economic impact on a 00—Region 8] I. The EPA’s Evaluation of South substantial number of small entities Dakota’s Submission—Air Pollution under the Regulatory Flexibility Act (5 Approval and Promulgation of Air Control Program Chapter 74:36 U.S.C. 601 et seq.); Quality Implementation Plans; South Dakota; Revisions to the Permitting October 4, 2017 Submittal • Does not contain any unfunded mandate or significantly or uniquely Rules A. Chapter 74:36:01—Definitions affect small governments, as described AGENCY: Environmental Protection Chapter 74:36:01 defines the terms in the Unfunded Mandates Reform Act Agency (EPA). used throughout Article 74:36—Air of 1995 (Pub. L. 104–4); Pollution Control Program. There are six jstallworth on DSKBBY8HB2PROD with PROPOSALS ACTION: Proposed rule. • Does not have federalism definitions in Chapter 74:36:01 that implications as specified in Executive SUMMARY: The Environmental Protection reference federal regulations. The Order 13132 (64 FR 43255, August 10, Agency (EPA) is proposing to approve sections in Chapter 74:36:01 that are 1999); State Implementation Plan (SIP) being updated to the version of the • Is not an economically significant revisions submitted by the State of federal reference specified in the Code regulatory action based on health or South Dakota on October 4, 2017, of Federal Regulations (CFR) as of July safety risks subject to Executive Order related to South Dakota’s Air Pollution 1, 2016, involve the following: 13045 (62 FR 19885, April 23, 1997); Control Program. The October 4, 2017 74:36:01:01(8); 74:36:01:01(29); VerDate Sep<11>2014 14:38 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1


Document Created: 2018-04-27 01:45:24
Document Modified: 2018-04-27 01:45:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before May 29, 2018.
ContactKevin Leone, Air Program, U.S. Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, [email protected]
FR Citation83 FR 18494 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds
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