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Approval and Promulgation of Air Quality Implementation Plans; Montana
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Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 13, 2001 (Volume 66, Number 156)]
[Rules and Regulations]
[Page 42427-42439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au01-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 60, 61 and 62
[MT-001-0018a, MT-001-0019a, MT-001-0020a, MT-001-0022a, MT-001-0023a;
MT-001-0031a; FRL-7026-3]
Approval and Promulgation of Air Quality Implementation Plans;
Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action partially approving and
partially disapproving State Implementation Plan (SIP) revisions
submitted by the Governor of Montana on September 19, 1997; December
10, 1997; April 14, 1999; December 6, 1999; and March 3, 2000. These
submitted revisions are intended to recodify and modify the State's air
quality rules so that they are consistent with Federal requirements,
minimize repetition in the air quality rules, and clarify existing
provisions. They also contain Yellowstone County's Local Regulation No.
002--Open Burning. We are also announcing that on May 16, 2001 we
delegated the authority for the implementation and enforcement of the
New Source Performance Standards (NSPS) to the State. We are updating
the NSPS and National Emissions Standards for Hazardous Air Pollutants
(NESHAP) ``Status of Delegation Tables'' and the names and addresses of
the Regional Office and State Offices in the Region. We are also
updating regulations to indicate that Montana provided a negative
declaration. EPA is either not acting on or disapproving certain
provisions of the State's air quality rules that should not be in the
SIP because they are not generally related to attainment of the
National Ambient Air Quality Standards (NAAQS) or they are inconsistent
with our SIP requirements. Finally, some provisions of the rules will
be acted on at a later date. This action is being taken under sections
110 and 111 of the Clean Air Act.
DATES: This rule is effective on October 12, 2001 without further
notice, unless EPA receives adverse comment by September 12, 2001. If
adverse comment is received, EPA will before October 12, 2001 publish a
withdrawal of the direct final rule in the Federal Register informing
the public that the rule will not take effect. The NSPS delegation of
authority to Montana became effective on 5/16/2001.
ADDRESSES: Written comments may be mailed to Richard R. Long, Director,
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado,
80202. Copies of the documents relevant to this action are available
for public inspection during normal business hours at the Air and
Radiation Program, Environmental Protection Agency, Region 8, 999 18th
Street, Suite 300, Denver, Colorado, 80202 and copies of the
Incorporation by Reference material are available at the Air and
Radiation Docket and Information Center, Environmental Protection
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State
documents relevant to this action are available for public inspection
at the Montana Department of Environmental Quality, Air and Waste
Management Bureau, 1520 E. 6th Avenue, Helena, Montana 59620.
FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA Region 8, (303)
312-6437.
SUPPLEMENTARY INFORMATION: For the purpose of this document, we are
giving meaning to certain words as follows: (a) The words ``EPA,''
``we,'' ``us'' or ``our'' mean or refer to the United States
Environmental Protection Agency. (b) The words State or Montana mean
the State of Montana unless the context indicates otherwise. (c) The
initials MDEQ mean the Montana Department of Environmental Quality.
On June 15, 2001, EPA published a direct final rule (66 FR 32545)
partially approving and partially disapproving, and a parallel proposed
rule (66 FR 32594) proposing to partially approve and partially
disapprove, the SIP revisions submitted by the Governor of Montana on
September 19, 1997; December 10, 1997; April 14, 1999; December 6,
1999; and March 3, 2000. The direct final rule was scheduled to become
effective on August 14, 2001, if EPA did not before that date withdraw
the rule, possibly in response to submission of an adverse comment. In
separate actions published today, we are withdrawing both the June 15,
2001, direct final rule and parallel proposed rule because the
documents contain a number of errors that we had independently
identified and wanted to correct before the direct final rule would
have otherwise become effective on August 14, 2001. In the withdrawal
actions, we indicate that we intend to issue another direct final rule
and a parallel proposed rule correcting these errors and addressing the
Governor of Montana's September 19, 1997, December 10, 1997, April 14,
1999, December 6, 1999, and March 3, 2000, submittals.
[[Page 42428]]
This document is the subsequent direct final rule which addresses
the Governor of Montana's September 19, 1997, December 10, 1997, April
14, 1999, December 6, 1999, and March 3, 2000 submittals and corrects
the errors we committed in our June 15, 2001, actions as discussed in
our withdrawal action. In addition to the errors identified in our
withdrawal actions, we have made some additional changes. We expanded
the Summary and Final Action paragraphs; revised the regulatory text
for 40 CFR 52.1370(c)(49) to (1) make it clearer, (2) indicate that the
Governor's submittals also include the Yellowstone County Open Burning
Regulation, (3) remove the incorporation by reference of the State's
new stack height rules and indicate that the prior stack height rules
still remain in the approved SIP, and (4) add another document to the
list of Additional Material; expanded section II.B.2.a, below; and made
minor editorial changes.
I. What Is the Purpose of This Document?
In this document we are acting on five SIP revisions, submitted by
the Governor of Montana on September 19, 1997; December 10, 1997; April
14, 1999; December 6, 1999; and March 3, 2000, which modify the Montana
air quality rules. The revisions are intended to make the rules
consistent with Federal requirements, minimize repetition in the air
quality rules, and clarify existing provisions. This document explains
our action in response to the five submittals.
The September 19, 1997 submittal is a recodification (renumbering)
of the State air quality rules. The December 10, 1997 submittal updates
the incorporation by reference (IBR) of various documents in the State
air quality rules. The April 14, 1999 submittal consists of various air
quality rule revisions the State made between 1995 to 1998 but which
had not previously been submitted to us. The December 6, 1999 submittal
revises the State's open burning rules and adopts Yellowstone County's
Local Regulation No. 002--Open Burning. The March 3, 2000 submittal
again updates the IBR of various documents in the State's rules and
corrects references to an EPA Handbook for Air Pollution Measurement
Systems.
II. Is the State's Submittal Approvable?
We reviewed the five submittals and placed each rule (or section of
a rule) into a category based on the changes that were made in the rule
and/or our action on the rule. The first category (see II.A. below)
consists of those rules (or sections of rules) which have been
recodified; there are no substantive changes in the text of the rules.
We are approving these recodified rules. The second category (see II.B
below) consists of those rules (or sections of rules) for which, in
addition to being recodified, the text of the rule was modified. A
discussion of whether or not the text changes are approved or
disapproved is provided below. The third category (see II.C. below)
includes those rules we cannot approve in the SIP. A discussion of why
these rules cannot be approved in the SIP is provided below. Finally,
the fourth category (see II.D. below) identifies those rules that we
will act on at a later date.
A. Category 1
We are approving the following sections of the Administrative Rules
of Montana (ARM) because the rules have only been recodified; there are
no substantive changes in the text of the rules. These recodified rules
replace the prior codified rules in the federally approved SIP.
1. Subchapter 1--General Provisions
ARM sections 17.8.101 (except 17.8.101(40)(a)), 17.8.105(1),
17.8.110(3), 17.8.111, 17.8.130-131, 17.8.140-142;
2. Subchapter 3--Emission Standards
ARM sections 17.8.301, 17.8.304 (except 17.8.304(4)(f)), 17.8.308,
17.8.316, 17.8.320, 17.8.322-323, 17.8.324 (except 17.8.324(1)(c) and
(2)(d)), 17.8.325-326, 17.8.330-331, 17.8.333-334;
3. Subchapter 6--Open Burning
ARM sections 17.8.605, 17.8.614-615;
4. Subchapter 7--Permit, Construction, and Operation of Air Contaminant
Sources \1\
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\1\ The recodification contains paragraphs ARM 17.8.705(1)(q),
17.8.708, and 17.8.733(1)(c) (formerly ARM 16.8.1102(1)(q),
16.8.1121 and 16.8.1113(1)(c), respectively) that had been adopted
by the State on August 8, 1996 but had not been submitted to us
prior to the recodification submittal. Revisions to ARM 17.8.705(1)
and (2), 17.8.708 (repealed), and 17.8.733(1)(b) and (c) were
subsequently adopted by the State on May 14, 1999. The August 8,
1996 and May 14, 1999 adopted revisions were submitted to EPA on
August 26, 1999. With this document we are not approving ARM
17.8.705(1)(q), 17.8.708 and 17.8.733(1)(c) submitted with the
recodification. We are addressing the August 26, 1999 submittal and
these recodified rules in a separate rulemaking action.
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ARM sections 17.8.701 (except 17.8.701(10)), 17.8.704(1), (3)-(5),
17.8.705(1)(a)-(n), 17.8.706-707, 17.8.710, 17.8.715-717, 17.8.730-732,
17.8.733 (except (17.8.733(1)(c)), 17.8.734;
5. Subchapter 8--Prevention of Significant Deterioration \2\
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\2\ In the State definition of ``baseline area,'' ARM
17.8.801(3)(a), it reads `` * * * equal to or greater than 1 g/m\3\
(annual average) * * *'' This should read `` * * * equal to or
greater than 1 µg/m\3\ (annual average) * * *'' The State
must correct this error in its next regulatory update.
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ARM sections 17.8.801 (except 17.8.801(29)(a)), 17.8.804-809,
17.8.818-828;
6. Sub-Chapter 9--Permit Requirements for Major Stationary Sources or
Major Modifications Locating Within Non-attainment Areas
ARM sections 17.8.901 (except 17.8.901(14)(c) and 901(20)(a)),
17.8.904-906;
7. Subchapter 10--Preconstruction Permit Requirements for Major
Stationary Sources or Major Modifications Locating Within Attainment or
Unclassified Areas
ARM sections 17.8.1001, 17.8.1006-1007; and
8. Subchapter 11--Visibility Impact Assessment
ARM sections 17.8.1101(2) and (3), 17.8.1106(2), 17.8.1108,
17.8.1109(2) and (3), and 17.8.1110.
B. Category 2
The second category consists of those rules (or sections of rules)
for which, in addition to being recodified, the text of the rule has
been modified. A discussion of the modification to each rule (or
section of a rule) and whether or not the text changes are approved or
disapproved is provided below. The recodified and modified rules that
we are approving replace the prior codified rules in the federally
approved SIP.
1. Subchapter 1--General Provisions (a) Definitions--ARM
17.8.101(40)(a). On October 6, 1995, June 21, 1996 and June 12, 1998,
the State adopted revisions to the definition of ``volatile organic
compounds (VOC)'' in ARM 17.8.101(40)(a) (formerly ARM
16.8.701(40)(a)). The State revised the definition to coincide with
revisions to the federal definition. Since the definition of VOC is
consistent with our definition we are approving ARM 17.8.101(40)(a)
into the SIP.
(b) Incorporation by Reference--ARM sections 17.8.102 and
17.8.103(1)-(4). On June 21, 1996, the State adopted revisions to its
incorporation by reference of documents and other statutory references
contained in the State's air quality rules, to update the references to
the July 1995 edition of the Code of Federal Regulations (CFR), 1995
edition of the Montana Code Annotated
[[Page 42429]]
(MCA), 1993 edition of the United States Code, and December 31, 1995
edition of the Administrative Rules of Montana. With this revision, the
State deleted duplicative rules and combined existing incorporation by
references into new rules. The State also made several non-substantive
amendments for consistency, to delete unnecessary language and to make
the language in the rules conform to current rule drafting
requirements. The following sections of the rules were modified or
added: ARM 17.8.102 (formerly ARM 16.8.710) and ARM 17.8.103(1)-(4)
(formerly ARM 16.8.708(1)-(2)).
On August 22, 1997, the State again adopted updates to its
incorporation by reference section of the Administrative Rules of
Montana to specify additional sources for obtaining federal material
incorporated by reference, and to incorporate the July 1996 edition of
the CFR and the December 31, 1996 edition of the Administrative Rules
of Montana. The following sections were revised: ARM 17.8.102 and ARM
17.8.103(3).
On June 12, 1998, the State again adopted revisions to incorporate
the July 1997 edition of the CFR, the 1997 edition of the MCA and the
December 31, 1997 edition of the Administrative Rules of Montana into
ARM 17.8.102.
On September 24, 1999, the State again adopted revisions to
incorporate the July 1998 edition of the CFR and the December 31, 1998
edition of the Administrative Rules of Montana into ARM 17.8.102 and
the reference to EPA's ``Quality Assurance Handbook for Air Pollution
Measurement Systems'' into ARM 17.8.103.
We are approving ARM sections 17.8.102 and 17.8.103(1)-(4) into the
SIP.
(c) Testing Requirements--ARM 17.8.105(2). On June 21, 1996 the
State adopted a minor revision in ARM 17.8.105(2) (formerly ARM
16.8.704(2)) to include a reference to another State rule. In addition,
on June 21, 1996 the State deleted and did not replace ARM 16.8.704(3).
State rule ARM 16.8.704(3) incorporated by reference 40 CFR part 51,
Appendix P. This incorporation was duplicative of ARM 16.8.708(1)(d)
(now ARM 17.8.103(1)(d)) which also incorporated by reference 40 CFR
part 51, Appendix P. We are approving the revision of ARM 17.8.105(2)
into the SIP and the deletion of ARM 16.8.704(3) from the SIP.
(d) Source Testing Protocol--ARM 17.8.106. On September 24, 1999
the State adopted revisions to ARM 17.8.106 to correct the reference to
EPA's ``Quality Assurance Handbook for Air Pollution Measurement
Systems.'' We are approving the revisions to ARM 17.8.106 into the SIP.
(e) Malfunctions--ARM 17.8.110(1), (2), (4), (5), (6), and (7). On
October 6, 1995, the State adopted revisions to its malfunction rule in
ARM 17.8.110(7) (formerly ARM 16.8.705(7)). The revised State rule
allows a facility to respond to a malfunction of equipment on a
temporary basis without obtaining an air quality permit. Because the
revisions require that if the temporary replacement equipment
constitutes a major stationary source under sub-chapters 8, 9, and 10,
then the source must comply with the requirements of the applicable
sub-chapter, we believe the revision is acceptable. In addition to the
temporary replacement revisions, on October 6, 1995 the State also made
several editorial and clarifying revisions in the malfunction rule, ARM
17.8.110(1), (2), (4), (5) and (6) (formerly ARM 16.8.705(1), (2), (4),
(5) and (6)). We are approving the revisions to ARM 17.8.110(1), (2),
(4), (5), (6), and (7) into the SIP.
2. Subchapter 3--Emission Standards
(a) Incorporation by Reference --ARM 17.8.302(1)-(4). On May 19,
1995, the State adopted revisions to add ARM 17.8.302(1)(b) and (c)
(formerly ARM 16.8.1429(2)(b) and (c)). This revision incorporated by
reference 40 CFR part 60, Appendix A, Method 9, and 40 CFR part 60
Appendix B, performance specification 1. This revision occurred at the
same time the State adopted revisions to the Kraft Pulp Mill rule. See
the discussion of the Kraft Pulp Mill rule in section II.D.1 below.
On August 9, 1996 the State adopted revisions reformatting the
incorporation by reference of documents in ARM 17.8.302(1)(a)-(h) and
(2)-(4) and adding ARM 17.8.302(1)(i) (formerly ARM 16.8.1429(1)(a)-(h)
and (2)-(4) and 16.8.1429(1)(i), respectively). State rule ARM
17.8.302(1)(i) incorporates by reference 40 CFR part 63.
On June 20, 1997, the State adopted revisions to ARM 17.8.302(1) by
adding 17.8.302(1)(j). State rule ARM 17.8.302(1)(j) incorporates by
reference 40 CFR part 60, subpart Cc.
As indicated in the General Provisions section II.B.1(b) above, on
August 22, 1997, the State again adopted updates to its incorporation
by reference of documents. State rule ARM 17.8.302(3) was revised.
On June 12, 1998 the State adopted more revisions to update the
incorporation by reference of documents in ARM 17.8.302(1)(e) and (i).
State rule ARM 17.8.302(1)(e) was revised to incorporate by reference
our final rule published on October 7, 1997 (62 FR 52399), entitled
``Determination of Total Fluoride Emissions from Selected Sources of
Primary Aluminum Production Facilities.'' State rule ARM 17.8.302(1)(i)
was revised to incorporate by reference our final rule published on
October 7, 1997 (62 FR 52407), entitled ``National Emission Standards
for Hazardous Air Pollutants from Primary Reduction Facilities.''
On November 6, 1998 the State adopted revisions to ARM 17.8.302(1)
by adding 302(1)(k). State rule ARM 17.8.302(1)(k) incorporates by
reference 40 CFR part 60, subpart Ce.
On September 24, 1999, the State adopted more revisions to ARM
17.8.302(1) to remove superfluous language since a more current version
of the CFR is being incorporated elsewhere. As a result, the September
24, 1999 revision deleted some of the prior adopted revisions mentioned
above.
We are approving ARM 17.8.302(1)-(4) into the SIP.
(b) Visible Air Contaminants--ARM 17.8.304(4)(f). On May 19, 1995,
the State adopted revisions to its rules by adding ARM 17.8.304(4)(f)
(formerly 16.8.1404(4)(f)). This pertains to opacity from recovery
furnaces at Kraft Pulp Mills. As indicated in section II.D.1 below, we
will act on the revisions pertaining to the Kraft Pulp Mill Rule at a
later date. Therefore, we are not approving ARM 17.8.304(4)(f) into the
SIP at this time.
(c) Fuel Burning--ARM 17.8.309 and ARM 17.8.310. On October 6,
1995, the State adopted revisions to the particulate emission limits
for fuel burning equipment and industrial processes (ARM 17.8.309 and
17.8.310, formerly, ARM 16.8.1402 and 16.8.1403, respectively). The
State re-wrote and re-formatted the provisions in ARM 17.8.309(1) and
(2) (formerly ARM 16.8.1402(1) and (2)) and ARM 17.8.310(1) and (2)
(formerly ARM 16.8.1403(1) and (2)). We believe the revisions to these
sections do not change the stringency of the rule and are approving
them. However, the State added provisions to the rules with ARM
17.8.309(5)(b) and 17.8.310(3)(e) (formerly ARM 16.8.1402(5) and ARM
16.8.1403(3)(e)). State rules ARM 17.8.309(5)(b) and 17.8.310(3)(e)
provide an exception that the rules do ``* * * not apply to particulate
matter emitted from * * * sources constructed after March 16, 1979,
that have a specific particulate emission limitation contained in an
air quality preconstruction permit obtained under ARM Title 17, Chapter
8, sub-chapter 7, a court order, board order or department order, or a
process specific rule.'' We
[[Page 42430]]
interpret this language as allowing terms of a construction permit to
override a requirement that has been approved as part of the SIP. We
cannot approve this part of the provision into the SIP, as it would
allow the State to change a SIP requirement through the issuance of a
permit. Pursuant to section 110 of the Act, to change a requirement of
the SIP, the State must adopt a SIP revision and obtain our approval of
the revision. Alternatively, EPA's March 5, 1996 ``White Paper Number 2
for Improved Implementation of the Part 70 Operating Permits Program''
explains how States can streamline multiple applicable requirements for
the same emission unit under the part 70 permit process. Such process
must ensure that the streamlined emission limit is at least as
stringent as all applicable emission limits for an emissions unit. This
streamlining can only be allowed through the part 70 permit process, in
which we have the opportunity to review the streamlined requirements
and the ability to veto the part 70 permit if the streamlined
requirement is not as stringent as each separate applicable
requirement. Because we do not have veto authority under the Prevention
of Significant Deterioration (PSD) or minor source permitting programs,
we do not allow the State to streamline requirements through either of
those construction permitting programs. Therefore, we are approving ARM
17.8.309 and ARM 17.8.310 into the SIP, except that we are disapproving
ARM 17.8.309(5)(b) and 17.8.310(3)(e).
(d) Hydrocarbon Emissions, Petroleum Products--ARM 17.8.324(1)(c)
and (2)(d). On December 6, 1996, the State adopted a new numbering
system for the air rules. We are disapproving ARM 17.8.324(1)(c) and
(2)(d) (formerly ARM 16.8.1425(1)(c) and (2)(d), respectively). We
previously disapproved these rules under the prior codification. See
July 18, 1995 (60 FR 36768) notice and 40 CFR 52.1384(c). Our prior
disapproval also applies to the new codification. We are modifying 40
CFR 52.1384(c) accordingly.
(e) Emission Standards for Existing Aluminum Plants--Standards for
Visible Emissions--ARM 17.8.332. As indicated in the General Provisions
section II.B.1(b) above, on June 21, 1996 the State adopted revisions
to its incorporation by reference of documents. State rule ARM
17.8.332(1) (formerly ARM 16.8.1503(1)) was modified and ARM
16.8.1503(2) was deleted. State rule ARM 16.8.1503(2) incorporated by
reference method 9 of Appendix A of 40 CFR part 60. This was
duplicative of the incorporation by reference material being added with
ARM 16.8.1507(1)(a). On November 7, 1996 the state repealed ARM
16.8.1507 because, with the recodification of the rules, sub-chapters
14 and 15 were combined, making ARM 16.8.1507 unnecessary since sub-
chapter 14 already had a rule incorporating by reference the same
documents being incorporated in sub-chapter 15. Therefore, the material
incorporated by reference in ARM 16.8.1503(2) is now incorporated by
reference at ARM 17.8.302(1)(b). We are approving the revision of ARM
17.8.332 into the SIP and the deletion of ARM 16.8.1503(2) from the
SIP.
3. Subchapter 6--Open Burning
(a) Incorporation by Reference and Minor Changes--ARM sections
17.8.602, 17.8.604 and 17.8.612(6). On January 20, 1995, the State
adopted revisions to its Open Burning Rules (ARM 17.8.604 and
17.8.612(6) (formerly ARM 16.8.1302 and 16.8.1307(6), respectively)).
The State revised the rules to correct incorrect wording, insert a
missing rule reference and correct a reference to the Division.
As indicated in the General Provisions section in II.B.1(b) above,
on June 21, 1996 the State adopted revisions to its incorporation by
reference of documents. The following sections were modified: ARM
17.8.602 (formerly ARM 16.8.1311) and ARM 17.8.604(1)-(2) (formerly ARM
16.8.1302(1)-(3)).
As indicated in the General Provisions section in II.B.1(b) above,
on August 22, 1997, the State again adopted updates to its
incorporation by reference of documents. State rule ARM 17.8.602(3) was
revised.
On July 2, 1999, the State revised ARM 17.8.612(6) to update the
MDEQ's telephone number.
We are approving ARM sections 17.8.602, 17.8.604 and 17.8.612(6)
into the SIP.
(b) Open Burning Eastern Montana--ARM sections 17.8.601 and
17.8.606. On October 6, 1995 the State adopted revisions to its Open
Burning Rules (ARM 17.8.601 and 17.8.606 (formerly ARM 16.8.1301 and
16.8.1303, respectively)). The revisions allow minor open burners in
eastern Montana to conduct essential agricultural open burning and
prescribed wildland open burning without a permit during December,
January and February if they notify the department prior to the
burning. Prior to these changes, minor open burners in eastern Montana
had to request department permission to conduct such open burning. We
are approving the revisions to the open burning rule because we do not
believe the revisions will jeopardize existing particulate matter
(particulate matter with an aerodynamic diameter less than or equal to
a nominal 10 micrometers (PM-10)) nonattainment areas or interfere with
attainment and maintenance of the PM-10 NAAQS or increment in Montana.
All but one of the State's PM-10 nonattainment areas are in the western
region of the State. Although there is one PM-10 nonattainment area in
the eastern Montana open burning zone, the difference in the geography
and weather patterns of the eastern part of the State should assure
that the revisions made in the open burning rule will not jeopardize
this one PM-10 nonattainment area. For these same reasons, we believe
these rule changes will not interfere with attainment and maintenance
of the PM-10 NAAQS or increment in Montana. Therefore, we are approving
ARM 17.8.601 and 17.8.606 into the SIP.
(c) Other Revisions to Open Burning Rule--ARM sections 17.8.601,
17.8.606, 17.8.610, 17.8.611, 17.8.612, 17.8.613. On July 2, 1999, the
State adopted revisions to the Open Burning Rules (ARM 17.8.601,
17.8.606, 17.8.610, 17.8.611, 17.8.612, 17.8.613). The revisions (1)
update the MDEQ's telephone number; (2) remove reference to the
national weather service office as a source of forecasts of ventilation
conditions and in its place indicate that ventilation conditions may be
obtained from MDEQ; (3) allow open burning permits to be issued for
periods other than one year; and (4) require additional information be
submitted for emergency open burning permits.
We are approving the revisions to ARM 17.8.601, 17.8.606, 17.8.610,
17.8.611, 17.8.612, and 17.8.613, adopted on July 2, 1999, into the
SIP.
4. Subchapter 7--Permit, Construction, and Operation of Air Contaminant
Sources
(a) Definition and IBR--ARM 17.8.701 and ARM 17.8.702. On August 8,
1996, the State adopted a definition for ``negligible risk'' (ARM
17.8.701(10), formerly ARM 16.8.1101(10)) and updated the incorporation
by references in ARM 17.8.702 (formerly ARM 16.8.1120). As indicated in
an April 5, 2000 letter from the State to EPA, the definition of
``negligible risk,'' at ARM 17.8.701(10) and a document incorporated by
reference in ARM 17.8.702(1)(f) were not intended to be incorporated
into the SIP.
As indicated in the General Provisions section in II.B.1(b) above,
on August 22, 1997, the State adopted
[[Page 42431]]
updates to its incorporation by reference of documents. State rule ARM
17.8.702(3) was revised.
We are approving ARM 17.8.702 (except for ARM 17.8.702(1)(f)) into
the SIP. We are not approving ARM 17.8.701(10) nor ARM 17.8.702(1)(f)
into the SIP.
(b) Minor Corrections--ARM 17.8.704(2), 17.8.705(1)(o),
17.8.720(2). On January 20, 1995, the State adopted revisions to
several sections of the permitting rules to clarify the rules and
update incorrect citations. The following rules were revised: ARM
17.8.704(2), 17.8.705(1)(a), 17.8.720(2)) (formerly, ARM 16.8.1119(2),
16.8.1102(1)(o), and 16.8.1107(2), respectively). We are approving ARM
17.8.704(2), 17.8.705(1)(o), and 17.8.720(2) into the SIP.
(c) Malfunctions--ARM 17.8.705(1)(p). On October 6, 1995, the State
adopted revisions to its permitting rule (in ARM 17.8.705(1)(p)
(formerly ARM 16.8.1102(1)(p)) to coincide with revisions to its
malfunction rule. As discussed in section II.B.1(e) above, we believe
the revision to the malfunction rule is acceptable. Therefore, we are
approving ARM 17.8.705(1)(p) into the SIP.
(d) Public review of Permit Application--ARM 17.8.720. On April 12,
1996, the State adopted revisions to ARM 17.8.720 (formerly ARM
16.8.1107) to allow an applicant to request an extension of the 60-day
deadline for the department to issue a permit; to allow the department
more time to issue a permit; to correct grammatical and citations in
the rule; and to improve clarity of the rule. We are approving ARM
17.8.720 into the SIP.
5. Subchapter 8--Prevention of Significant Deterioration
(a) Definitions--ARM 17.8.801(29)(a). On October 6, 1995, June 21,
1996 and June 12, 1998 the State adopted revisions to the definition of
``volatile organic compounds (VOC)'' in ARM 17.8.801(29)(a) (formerly
16.8.945(29)(a)). The State revised the definition to coincide with
revisions to the federal definition. Since the definition of VOC is
consistent with our definition, we are approving ARM 17.8.801(29)(a)
into the SIP.
(b) Incorporation by Reference--ARM 17.8.802. As indicated in the
General Provisions section II.B.1(b) above, on June 21, 1996 the State
adopted revisions to its incorporation by reference of documents. State
rule ARM 17.8.802 (formerly ARM 16.8.946) was revised.
As indicated in the General Provisions section II.B.1(b) above, on
August 22, 1997, the State again adopted updates to its incorporation
by reference of documents. State rules ARM 17.8.802(1)(g) and (3) were
revised.
We are approving ARM 17.8.802 into the SIP.
6. Subchapter 9--Permit Requirements for Major Stationary Sources or
Major Modifications Locating Within Non-Attainment Areas
(a) Definitions--ARM 17.8.901(20)(a). On October 6, 1995, June 21,
1996 and June 12, 1998 the State adopted revisions to the definition of
``volatile organic compounds (VOC)'' in ARM 17.8.901(20)(a) (formerly
ARM 16.8.1701(20)(a). The State revised the definition to coincide with
revisions to the federal definition. Since the definition of VOC is
consistent with our definitions, we are approving ARM 17.8.901(20)(a)
into the SIP.
(b) Incorporation by Reference--ARM sections 17.8.901(14)(c) and
17.8.902(1)-(5). As indicated in the General Provisions section
II.B.1(b) above, on June 21, 1996 the State adopted revisions to its
incorporation by reference of documents. The following sections were
modified: ARM 17.8.901(14)(c) (formerly 16.8.1701(14)(c)) and ARM
17.8.902(1)-(5) (formerly ARM 16.8.1702(1)-(2)).
As indicated in the General Provisions section II.B.1(b) above, on
August 22, 1997, the State again adopted updates to its incorporation
by reference of documents. State rule ARM 17.8.902(3) was revised.
We are approving ARM 17.8.901(14)(c) and 17.8.902 into the SIP.
7. Subchapter 10--Preconstruction Permit Requirements for Major
Stationary Sources or Major Modifications Locating Within Attainment or
Unclassified Areas
(a) Incorporation by Reference--ARM 17.8.1002. As indicated in the
General Provisions section II.B.1(b) above, on June 21, 1996 the State
adopted revisions to its incorporation by reference of documents. State
rule ARM 17.8.1002(1)-(5) (formerly ARM 16.8.1802(1)-(2)) was revised.
As indicated in the General Provisions section II.B.1(b) above, on
August 22, 1997, the State again adopted updates to its incorporation
by reference of documents. State rule ARM 17.8.1002(3) was revised.
We are approving ARM 17.8.1002 into the SIP.
(b) Minor Corrections--ARM sections 17.8.1004 and 17.8.1005. On
January 20, 1995, the State adopted revisions to several sections of
the permitting rules to clarify the rules and update incorrect
citations. The following rules were revised: ARM 17.8.1004 and
17.8.1005 (formerly, ARM 16.8.1803 and 16.8.1804, respectively). We are
approving ARM 17.8.1004 and 17.8.1005 into the SIP.\3\
---------------------------------------------------------------------------
\3\ When the State recodified its rules it inadvertently made an
error. ARM 17.8.1005(6) refers to ``17.8.905(6) through (8).'' This
should read ``17.8.906(6) through (8).'' The State must correct this
error in its next regulatory update.
---------------------------------------------------------------------------
8. Subchapter 11--Visibility Impact Assessment
(a) Incorporation by Reference--ARM 17.8.1102, 1103 and 1107. As
indicated in the General Provisions section II.B.1(b) above, on June
21, 1996 the State adopted revisions to its incorporation by reference
of documents. The following sections were modified: ARM 17.8.1102
(formerly ARM 16.8.1009); ARM 17.8.1103(1) (formerly ARM 16.8.1001) and
ARM 17.8.1107(1) (formerly ARM 16.8.1004(1)).
As indicated in the General Provisions section II.B.1(b) above, on
August 22, 1997, the State again adopted updates to its incorporation
by reference of documents. The following sections were revised: ARM
17.8.1102(1)(b) and (3).
Because of the reformatting of the incorporation by reference of
documents, on June 21, 1996 the State deleted and did not replace the
following sections: ARM 16.8.1001(2) and 16.8.1004(2).
We are approving ARM 17.8.1102, 1103 and 1107 into the SIP and the
deletion of ARM 16.8.1001(2) and 16.8.1004(2) from the SIP.
(b) Minor Corrections--ARM 17.8.1101(1), 17.8.1103(1),
17.8.1106(1), 17.8.1109(1), and 17.8.1111. On January 20, 1995 the
State adopted revisions to several sections of the visibility rules to
update incorrect citations. The following rules were revised: ARM
17.8.1101(1), 17.8.1103(1), 17.8.1106(1), 17.8.1109(1), and 17.8.1111
(formerly, ARM 16.8.1002(1), 16.8.1001(1), 16.8.1003(1), 16.8.1006(1),
and 16.8.1008, respectively). We are approving ARM 17.8.1101(1),
17.8.1103(1), 17.8.1106(1), 17.8.1109(1), and 17.8.1111 into the SIP.
C. Category 3
We cannot approve certain types of rules into the SIP. A listing of
each rule (or section of a rule) we are not approving in the SIP and a
discussion
[[Page 42432]]
of why we believe we can not approve that rule into the SIP is provided
below:
1. Subchapter 3--Emission Standards
(a) Odors--ARM 17.8.315. We believe we have no legal basis in the
Act for approving Montana's odor control rule ARM 17.8.315 (formerly
ARM 16.8.1427) and making it Federally enforceable because odor control
provisions are not generally related to attainment or maintenance of
the National Ambient Air Quality Standards (NAAQS). Therefore, we are
not taking action to incorporate ARM 17.8.315 into the SIP.
(b) Standard of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources--ARM 17.8.340(1) through (3). ARM
17.8.340(1) through (3) (formerly ARM 16.8.1423(1) through (3)) is the
rule the State uses to implement our new source performance standards
(NSPS) in 40 CFR part 60. On May 16, 2001, we issued a letter
delegating the responsibility for all sources located, or to be
located, in the State of Montana subject to the NSPS promulgated in 40
CFR part 60. The categories of new stationary sources covered by this
delegation are the categories covered by all NSPS subparts in 40 CFR
part 60, as in effect on July 1, 1998, except subparts Cb, Cc, Cd and
Ce. Given that the State now has delegation of authority for NSPS in 40
CFR part 60, pursuant to 110(k)(6) of the Act, we are removing the old
codification, ARM 16.8.1423(1) through (3), from the SIP and not
approving the new codification of ARM 17.8.340(1) through (3) into the
SIP. We are updating the table in 40 CFR 60.4(c) to indicate that the
40 CFR part 60 NSPS are now delegated to the State and revising EPA's
address and Montana's and other States' agency names and addresses in
40 CFR 60.4(a) and (b)(BB), (b)(JJ) and (b)(TT).
The May 16, 2001 letter of delegation to the State follows:
Honorable Judy Martz,
Governor of Montana, State Capitol, Helena, Montana 59620-0801
Dear Governor Martz: On March 3, 2000 the State submitted a
revision to the New Source Performance Standards (NSPS) rules in the
Administrative Rules of Montana (ARM) 17.8.340. Specifically, the
State revised its NSPS to incorporate the Federal NSPS in effect as
of July 1, 1998.
Subsequent to States adopting NSPS regulations, EPA delegates
the authority for the implementation and enforcement of those NSPS,
so long as the State's regulations are equivalent to the Federal
regulations. EPA reviewed the pertinent statutes and regulations of
the State of Montana and determined that they provide an adequate
and effective procedure for the implementation and enforcement of
the NSPS by the State of Montana. Therefore, pursuant to Section
111(c) of the Clean Air Act (Act), as amended, and 40 CFR Part 60,
EPA hereby delegates its authority for the implementation and
enforcement of the NSPS to the State of Montana as follows:
(A) Responsibility for all sources located, or to be located, in
the State of Montana subject to the standards of performance for new
stationary sources promulgated in 40 CFR Part 60. The categories of
new stationary sources covered by this delegation are all NSPS
subparts in 40 CFR Part 60, as in effect on July 1, 1998. Note this
delegation does not include the emission guidelines in subparts Cb,
Cc, Cd, and Ce. These subparts require state plans which are
approved under a separate process pursuant to Section 111(d) of the
Act.
(B) Not all authorities of NSPS can be delegated to States under
Section 111(c) of the Act, as amended. The EPA Administrator retains
authority to implement those sections of the NSPS that require: (1)
approving equivalency determinations and alternative test methods,
(2) decision making to ensure national consistency, and (3) EPA
rulemaking to implement. Therefore, of the NSPS of 40 CFR Part 60
being delegated in this letter, the enclosure lists examples of
sections in 40 CFR Part 60 that cannot be delegated to the State of
Montana.
(C) As 40 CFR Part 60 is updated, Montana should revise its
regulations accordingly and in a timely manner and submit to EPA
requests for updates to its delegation of authority.
This delegation is based upon and is a continuation of the same
conditions as those stated in EPA's original delegation letter of
May 18, 1977, to the Honorable Thomas L. Judge, then Governor of
Montana, except that condition 6, relating to Federal facilities,
was voided by the Clean Air Act Amendments of 1977. Please also note
that EPA retains concurrent enforcement authority as stated in
condition 3. In addition, if at any time there is a conflict between
a State and Federal NSPS regulation, the Federal regulation must be
applied if it is more stringent than that of the State, as stated in
condition 9. EPA published its May 18, 1977 delegation letter in the
notices section of the September 6, 1977 Federal Register (42 FR
44573), along with an associated rulemaking notifying the public
that certain reports and applications required from operators of new
or modified sources shall be submitted to the State of Montana (42
FR 44544). Copies of the Federal Register notices are enclosed for
your convenience.
Since this delegation is effective immediately, there is no need
for the State to notify the EPA of its acceptance. Unless we receive
written notice of objections from you within ten days of the date on
which you receive this letter, the State of Montana will be deemed
to accept all the terms of this delegation. EPA will publish an
information notice in the Federal Register in the near future to
inform the public of this delegation, in which this letter will
appear in its entirety.
If you have any questions on this matter, please contact me or
have your staff contact Richard Long, Director of our Air and
Radiation Program, at (303) 312-6005.
Sincerely yours,
Jack W. McGraw,
Acting Regional Administrator.
Enclosures
cc: Jan Sensibaugh, Director, Montana Department of Environmental
Quality, John Wardell, 8MO
Enclosure to Letter Delegating NSPS in 40 CFR Part 60, Effective
Through July 1, 1998, to the State of Montana
Examples of Authorities in 40 CFR Part 60 Which Cannot Be Delegated
------------------------------------------------------------------------
40 CFR subparts Section(s)
------------------------------------------------------------------------
A...................................... 60.8(b)(2) and (b)(3), and
those sections throughout the
standards that reference
60.8(b)(2) and (b)(3);
60.11(b) and (e).
Da..................................... 60.45a.
Db..................................... 60.44b(f), 60.44b(g) and
60.49b(a)(4).
Dc..................................... 60.48c(a)(4).
Ec..................................... 60.56c(i), 60.8
J...................................... 60.105(a)(13)(iii) and
60.106(i)(12).
Ka..................................... 60.114a.
Kb..................................... 60.111b(f)(4), 60.114b,
60.116b(e)(3)(iii),
60.116b(e)(3)(iv), and
60.116b(f)(2)(iii).
O...................................... 60.153(e).
S...................................... 60.195(b).
DD..................................... 60.302(d)(3).
GG..................................... 60.332(a)(3) and 60.335(a).
VV..................................... 60.482-1(c)(2) and 60.484.
WW..................................... 60.493(b)(2)(i)(A) and
60.496(a)(1).
[[Page 42433]]
XX..................................... 60.502(e)(6)
AAA.................................... 60.531, 60.533, 60.534, 60.535,
60.536(i)(2), 60.537,
60.538(e) and 60.539.
BBB.................................... 60.543(c)(2)(ii)(B).
DDD.................................... 60.562-2(c).
GGG.................................... 60.592(c).
III.................................... 60.613(e).
JJJ.................................... 60.623.
KKK.................................... 60.634.
NNN.................................... 60.663(e).
QQQ.................................... 60.694.
RRR.................................... 60.703(e).
SSS.................................... 60.711(a)(16), 60.713(b)(1)(i)
and (ii), 60.713(b)(5)(i),
60.713(d), 60.715(a) and
60.716.
TTT.................................... 60.723(b)(1),
60.723(b)(2)(i)(C),
60.723(b)(2)(iv), 60.724(e)
and 60.725(b).
VVV.................................... 60.743(a)(3)(v)(A) and (B),
60.743(e), 60.745(a) and
60.746.
WWW.................................... 60.754(a)(5).
------------------------------------------------------------------------
(d) Standard of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources--Municipal Solid Waste Landfill
Facilities--ARM 17.8.340(4). On June 20, 1997, the State adopted rules
for Municipal Solid Waste Landfill Facilities. We believe we have no
legal basis in the Act for approving Montana's rule for Municipal Solid
Waste Landfill Facilities, ARM 17.8.340(4), into the SIP because these
rules are not generally related to attainment or maintenance of the
NAAQS. Therefore, we are not taking action to incorporate ARM
17.8.340(4) into the SIP. However, on July 8, 1998 (63 FR 36858), we
did approve these rules as meeting section 111(d) of the Act. See 40
CFR 62.6600-6602.
(e) Standard of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources--Hospital/Medical/Infectious Waste
Incinerator Facilities--ARM 17.8.340(5). On October 16, 1998, the State
adopted rules for Hospital/Medical/Infectious Waste Incinerator
Facilities. We believe we have no legal basis in the Act for approving
Montana's rule for Hospital/Medical/Infectious Waste Incinerator
Facilities, ARM 17.8.340(5), into the SIP because these rules are not
generally related to attainment or maintenance of the NAAQS. Therefore,
we are not taking action to incorporate ARM 17.8.340(5) into the SIP.
However, on June 22, 2000 (65 FR 38732), we did approve these rules as
meeting section 111(d) of the Act. See 40 CFR 62.6610-6612.
(f) Emission Standards for Hazardous Air Pollutants--ARM 17.8.341.
ARM 17.8.341 (formerly ARM 16.8.1424) is the rule the State uses to
implement our national emission standards for hazardous air pollutants
(NESHAPs) regulations in 40 CFR part 61. On May 16, 2000, we issued a
letter indicating that we were delegating the authority of 40 CFR part
61 to the State. Given that the State now has delegation of authority
for NESHAPs in 40 CFR part 61, pursuant to 110(k)(6) of the Act, we are
removing the old codification ARM 16.8.1424 from the SIP and not
approving the new codification of ARM 17.8.341 into the SIP. We are
updating the table in 40 CFR 61.04(c)(8) to indicate that the 40 CFR
part 61 NESHAPs are now delegated to the State and revising EPA's
address and Montana's and other States' agency names and addresses in
40 CFR 61.04(a) and (b)(G), (b)(BB), (b)(JJ), (b)(TT) and (b)(ZZ).
(g) Emission Standards for Hazardous Air Pollutants for Source
Categories--ARM 17.8.342. On August 9, 1996, the State adopted ARM
17.8.342 (formerly ARM 16.8.1431) for the Maximum Achievable Control
Technology (MACT) standards (i.e., 40 CFR part 63). We believe we have
no legal basis in the Act for approving Montana's MACT rules into the
SIP because these rules are not generally related to attainment or
maintenance of the NAAQS. Therefore, we are not taking action to
incorporate ARM 17.8.342 into the SIP. However, on May 16, 2000, we
issued a letter indicating that we were delegating the authority of 40
CFR part 63 to the State.
(h) Air Quality Operating Permit Program Applicability--ARM
17.8.1204. On January 20, 1995, the State adopted revisions to ARM
17.8.1204 (formerly ARM 16.8.2004) and the Governor of Montana
submitted these revisions on April 14, 1999. Sub-chapter 12 pertains to
the Operating Permit Program. We believe we have no legal basis in the
Act for approving any of the provisions of the operating permit program
into the SIP. Therefore, we are not taking action to incorporate ARM
17.8.1204 into the SIP. However, we fully approved Montana's Title V
program on December 22, 2000, 65 FR 80785.
D. Category 4
Category 4 consists of those rules that we will act on at a later
date.
(1) On April 14, 1999, the Governor of Montana submitted revisions
to the Incorporation by Reference Rule, Visible Air Contaminant Rule
and Kraft Pulp Mill Rule (ARM 17.8.302(1)(b) and (c), 17.8.304(4)(f)
and 17.8.321 (formerly ARM 16.8.1429(2)(b) and (c), 16.8.1404(4)(f) and
16.8.1413, respectively)) which had been adopted by the State on May
19, 1995 and December 11, 1998. The revisions to the Kraft Pulp Mill
Rule were adopted both prior to and after the air quality rules were
recodified. As discussed earlier in section II.B.2(a), we are approving
the revisions to ARM 17.8.302(1). We will act on the revisions and the
recodification of ARM 17.8.304(4)(f) and 17.8.321 at a later date.
These revisions are not being approved as part of SIP at this time. The
prior codified Kraft Pulp Mill Rule, ARM 16.8.1413, effective December
13, 1972, remains in the SIP.
(2) On December 8, 1997, the Governor of Montana submitted
revisions to the Incinerator Rule, ARM 17.8.316, which were adopted by
the State on June 11, 1997. The revisions to the Incinerator rule were
adopted after the recodification of the air quality rules. We are
approving the recodification, as indicated in section II.A.2 above, but
we will act on the June 11, 1997 revisions to the Incinerator Rule at a
later date.
(3) The September 19, 1997 submittal contained Subchapter 13,
Conformity. We will act on the Conformity sub-chapter at a later date.
(4) The September 19, 1997 recodification contains paragraphs ARM
[[Page 42434]]
17.8.705(1)(q), 17.8.708, and 17.8.733(1)(c) (formerly ARM
16.8.1102(1)(q), 16.8.1121 and 16.8.1113(1)(c), respectively) that had
been adopted by the State on August 8, 1996 but had not been submitted
to us prior to the recodification. Revisions to ARM 17.8.705(1) and
(2), 17.8.708 (repealed), and 17.8.733(1)(b) and (c) were subsequently
adopted by the State on May 14, 1999. The August 8, 1996 and May 14,
1999 adopted revisions were submitted to EPA on August 26, 1999. With
this document we are not approving ARM 17.8.705(1)(q), 17.8.708 and
17.8.733(1)(c), which were submitted with the recodification. We will
address the August 26, 1999 submittal along with these recodified rules
at a later date.
(5) On January 20, 1995, the State adopted revisions to several
sections of the stack height rules to update incorrect citations. The
following rules were revised: ARM 17.8.401(4)(b) and 17.8.403(1)
(formerly, ARM 16.8.1204(4)(b) and 16.8.1206(1), respectively). On
September 17, 1997, the State submitted a recodification of its rules
including the stack height rules. We will address the January 20, 1995
stack height rule revisions along with the recodified stack height
rules in a future rulemaking action. The prior codified stack heights
and dispersion techniques rule, ARM 16.8.1204 through 16.8.1206,
effective June 13, 1986, remains in the approved SIP.
The June 15, 2001 preambles to the direct final and proposed rules
stated our intent to approve most of the State's recodified air quality
rules, including the State's recodified stack height rules. However, in
another pending SIP action in Montana (Billings/Laurel), we have
questioned aspects of the Montana stack height regulations that are
repeated in the recodification. We do not believe we should act on the
recodification of these rules before we give full consideration to
relevant issues in the context of our ongoing action on the Billings/
Laurel SIP, where the issues first arose and should be resolved.
Accordingly, we will act on the recodified stack height rules at a
later date. This deferral of action will have no effect on the existing
approved Montana stack height SIP.
III. Miscellaneous Issues
(1) On June 21, 1996, the State repealed ARM 16.8.1419, Fluoride
Emissions--Phosphate Processing. Previously we had incorporated this
provision into the Federally approved SIP. Since fluoride emissions are
not generally related to attainment or maintenance of the NAAQS, we are
approving the deletion of ARM 16.8.1419 from the SIP. In a February 14,
2001 letter, the State indicated that ARM 16.8.1419 was not developed
to satisfy the Clean Air Act section 111(d) requirements and that there
are no phosphate fertilizer plants in Montana that meet the definition
of affected facility under any of the 40 CFR part 60, subparts T, U, V,
W or X, and that there are no phosphate fertilizer plants in Montana
that meet the definition of affected facility under any of the subparts
T, U, V, W, or X, constructed before October 22, 1974, and that have
not reconstructed or modified since 1974. We are revising 40 CFR part
62, subpart BB to indicate that Montana has certified that it has no
such sources.
(2) On November 7, 1996, the State repealed ARM 16.8.301, Standing
(pertaining to a rehearing before the Board), because it merely refers
the reader to existing statutory requirements, and ARM 16.8.401-404,
Emergency Procedures (pertaining to Board hearings on emergency orders
of the department), because most of the provisions repeat statutory
language. Previously we had incorporated these provisions into the
Federally approved SIP. Since these provisions are not generally
related to attainment or maintenance of the NAAQS, we are approving the
deletion of ARM 16.8.301 and 16.8.401-404 from the SIP.
(3) On November 7, 1996, the State repealed ARM 16.8.1104, Existing
Sources and Stacks--Permit Application Requirements (requiring existing
sources constructed after November 23, 1968, to apply for an air
quality permit), because the State believed the rule was no longer
necessary; all such facilities have either applied for an air quality
permit or have altered the facility in a manner that would require an
air quality permit under other provisions of the department's air
quality rules. Previously we had incorporated ARM 16.8.1104 into the
Federally approved SIP. We agree with the State's assessment and are
approving the deletion of ARM 16.8.1104 from the SIP.
(4) The April 14, 1999 submittal contained rule ARM 17.4.101
pertaining to alternative public hearing procedures. According to the
State's April 5, 2000 letter to EPA, the State will be rescinding this
rule. We are not acting on rule ARM 17.4.101.
(5) The State's September 19, 1997 submittal also contained the
State Emergency Episode Avoidance Plan (EEAP). The same EEAP was
submitted on July 8, 1997. We approved the July 8, 1997 submittal on
December 6, 1999 (64 FR 68034). Since the September 19, 1997 EEAP
merely duplicates the July 8, 1997 EEAP, and we have already approved
the July 8, 1997 EEAP, we are not acting on the September 19, 1997
submittal.
(6) On August 22, 1997, the Board revised ARM 17.8.1202 (formerly
ARM 16.8.2003). The Governor's April 14, 1999 letter requested that ARM
17.8.1202 be rescinded. Sub-chapter 12 pertains to the Operating Permit
Program. We have no legal basis in the Act for approving any of the
provisions of the operating permit program into the SIP. However, on
October 23, 1996 (61 FR 54946) we inadvertently incorporated ARM
16.8.2003 (now ARM 17.8.1202) into the SIP. Since approval of ARM
16.8.2003 into the SIP was in error, we are removing ARM 16.8.2003 from
the SIP pursuant to section 110(k)(6) of the Act. Also, we fully
approved Montana's Title V program on December 22, 2000, 65 FR 80785.
(7) On December 6, 1999, the Governor of Montana submitted a
regulation from the Yellowstone County Air Pollution Control (YCAPC)
program. The submittal consists solely of Regulation No. 002--Open
Burning Restrictions. We believe it is appropriate to incorporate local
air pollution control programs in the SIP if the program is needed for
attainment and maintenance of any National Ambient Air Quality Standard
(NAAQS). The State's Group II PM-10 SIP relies on many rules, including
the State's open burning rules, to assure maintenance of the PM-10
NAAQS. We approved the Group II PM-10 SIP on January 20, 1994 (59 FR
2988). By approving the YCAPC's Regulation No. 002, the State has given
Yellowstone County the responsibility to ensure that State open burning
rules are met. Since the County is implementing measures that the State
is relying upon to assure that the PM-10 NAAQS are maintained, we
believe it is appropriate to incorporate the county rules in the SIP.
In addition, including the county rules in the SIP will make the
county-issued open burning permits federally enforceable, further
assuring the effectiveness of the PM-10 plan.
On December 23, 1992, then Montana Governor Stan Stephens submitted
a SIP revision regarding the YCAPC major rule revisions. To date we
have not acted on the December 23, 1992 submittal. The December 6, 1999
letter from Governor Marc Racicot indicates that the recent
modifications to the YCAPC's program supersede the 1992 submittal and,
therefore, rescinds the December 23, 1992 submittal. Accordingly, we
are acting to approve the December 6, 1999 submittal of the YCAPC open
burning program.
[[Page 42435]]
IV. Final Action
We are approving the revisions and recodification to the
Administrative Rules of Montana submitted by the Governor on September
19, 1997, December 10, 1997, April 14, 1999 December 6, 1999 and March
3, 2000 except for the following provisions that we are not acting on,
are disapproving, or will act upon at a later date. The portions of the
recodification and revisions that we are approving replace the prior
SIP approved regulations (except for the Kraft Pulp Mill Rule, ARM
16.8.1413, effective December 13, 1972, and the Stack Heights and
Dispersion Techniques Rule, ARM 16.8.1204-1206, effective June 13,
1986, which will remain a part of the approved SIP). We are also
approving into the SIP Yellowstone County's Local Regulation No. 002--
Open Burning. The provisions that we are not acting on because these
rules are not appropriate to be in the SIP or because the State does
not want them in the SIP include: ARM sections 17.4.101, 17.8.315,
17.8.340, 17.8.341, 17.8.342, 17.8.701(10) and 17.8.702(1)(f), and
17.8.1204.
The provisions that we are disapproving include: ARM
17.8.309(5)(b), 17.8.310(3)(e), and 17.8.324(1)(c) and 2(d).
The provisions that we will act upon at a later date include: ARM
sections 17.8.304(4)(f), revisions to ARM 17.8.316 (adopted on 6/11/
97), 17.8.321, 17.8.401-403, 17.8.705(1)(q), 17.8.708, 17.8.733(1)(c),
and 17.8.1301-1313.
The provisions that we are removing from the SIP include: ARM
sections 16.8.301, 16.8.401-404, 16.8.704(3), 16.8.1001(2),
16.8.1004(2), 16.8.1104, 16.8.1419, 16.8.1423, 16.8.1424, 16.8.1503(2)
and 16.8.2003.
Finally, we are announcing the delegation of authority for NSPS
implementation and enforcement to the State and updating the tables in
40 CFR 60.4(c) and 40 CFR 61.04(c)(8) to indicate that the 40 CFR part
60 NSPS and 40 CFR part 61 NESHAPs are now delegated to the State and
revising EPA's address and Montana's and other States' agency names and
addresses in 40 CFR 60.4(a), (b)(BB), (b)(JJ) and (b)(TT), and 40 CFR
61.04(a), (b)(G), (b)(BB), (b)(JJ), (b)(TT) and (b)(ZZ). We are also
updating 40 CFR part 62 subpart BB to indicate that Montana submitted a
negative declaration.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if adverse comments
are filed. This rule will be effective October 12, 2001 without further
notice unless we receive adverse comments by September 12, 2001. If the
EPA receives adverse comments, we will before October 12, 2001 publish
a withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
C. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely partially approves and partially disapproves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. Thus, the requirements of section 6 of the Executive Order do
not apply to this rule.
D. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
[[Page 42436]]
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
This action does not involve or impose any requirements that affect
Indian Tribes. Thus, Executive Order 13175 does not apply to this rule.
E. Executive Order 13211
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
F. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This partial approval rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act do not create
any new requirements but simply approve requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
Moreover, EPA's partial disapproval rule will not have a
significant impact on a substantial number of small entities.
Therefore, I certify that this action will not have a significant
economic impact on a substantial number of small entities. Furthermore,
as explained in this action, the submission does not meet the
requirements of the Clean Air Act and EPA cannot approve the
submission. EPA has no option but to partially disapprove the
submittal. The partial disapproval will not affect any existing State
requirements applicable to the entities. Federal disapproval of a State
submittal does not affect its State enforceability.
G. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the partial approval and partial
disapproval actions promulgated do not include a Federal mandate that
may result in estimated costs of $100 million or more to either State,
local, or tribal governments in the aggregate, or to the private
sector. This Federal action partially approves and partially
disapproves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
H. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule 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). This rule will be effective October 12, 2001 unless EPA
receives adverse written comments by September 12, 2001.
I. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
J. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 12, 2001. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2) of the Clean Air
Act.)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 60
Environmental protection, Air pollution control, Aluminum, Ammonium
sulfate plants, Beverages, Carbon monoxide, Cement industry, Coal,
Copper, Drycleaners, Electric power plants, Fertilizers, Fluoride,
Gasoline, Glass and glass products, Grains, Graphic arts industry,
Household appliances, Insulation, Intergovernmental relations, Iron,
Lead, Lime, Metallic and nonmetallic mineral processing plants, Metals,
Motor vehicles, Natural gas, Nitric acid plants, Nitrogen dioxide,
Paper and paper products industry, Particulate matter, Paving and
roofing materials, Petroleum, Phosphate, Plastics materials and
synthetics, Reporting and recordkeeping requirements, Sewage
[[Page 42437]]
disposal, Steel, Sulfur oxides, Tires, Urethane, Vinyl, Waste treatment
and disposal, Wool, Zinc.
40 CFR Part 61
Environmental protection, Air pollution control, Arsenic, Asbestos,
Benzene, Beryllium, Hazardous substances, Mercury, Vinyl chloride.
40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Fluoride, Intergovernmental relations, Phosphate
fertilizer plants, Reporting and recordkeeping requirements.
Dated: July 31, 2001.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Section 52.1370 is amended by adding paragraph (c)(49) to read
as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(49) On September 19, 1997, December 10, 1997, April 14, 1999,
December 6, 1999 and March 3, 2000, the Governor submitted a
recodification and revisions to the Administrative Rules of Montana.
EPA is replacing in the SIP all of the previously approved Montana air
quality regulations except that the Kraft Pulp Mill Rule, ARM
16.8.1413, effective December 13, 1972, and Stack Heights and
Dispersion Techniques Rule, ARM 16.8.1204-1206, effective June 13,
1986, with those regulations listed in paragraph (c)(49)(i)(A) of this
section. The Kraft Pulp Mill Rule, ARM 16.8.1413, effective December
13, 1972, and Stack Heights and Dispersion Techniques Rule, ARM
16.8.1204-1206, effective June 13, 1986, remain part of the SIP. In
addition, the Governor submitted Yellowstone County's Local Regulation
No. 002--Open Burning.
(i) Incorporation by reference.
(A) Administrative Rule of Montana (ARM) Table of Contents; section
17.8.101, effective 6/26/98; sections 17.8.102-103, effective 10/8/99;
section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/
99, sections 17.8.110-111, effective 8/23/96; sections 17.8.130-131,
effective 8/23/96; sections 17.8.140-142, effective 8/23/96; section
17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99;
section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section
17.8.308, effective 8/23/96; section 17.8.309 (excluding
17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding
17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/
96; section 17.8.320, effective 8/23/96; sections 17.8.322-323,
effective 8/23/96; section 17.8.324 (excluding 17.8.324(1)(c) and
(2)(d)), effective 8/23/96; sections 17.8.325-326, effective 8/23/96;
sections 17.8.330-334, effective 8/23/96; section 17.8.601, effective
7/23/99; section 17.8.602, effective 9/9/97; sections 17.8.604-605,
effective 8/23/96; section 17.8.606, effective 7/23/99; sections
17.8.610-613, effective 7/23/99; section 17.8.614-615, effective 8/23/
96; section 17.8.701 (excluding 17.8.701(10)), effective 8/23/96;
section 17.8.702 (excluding 17.8.702(1)(f)), effective 9/9/97; section
17.8.704, effective 8/23/96; section 17.8.705 (excluding
17.8.705(1)(q)) effective 8/23/96; sections 17.8.706-707, effective 8/
23/96; section 17.8.710, effective 8/23/96; sections 17.8.715-717,
effective 8/23/96; section 17.8.720, effective 8/23/96; sections
17.8.730-732, effective 8/23/96; section 17.8.733 (excluding
17.8.733(1)(c)), effective 8/23/96; section 17.8.734, effective 8/23/
96; section 17.8.801, effective 6/26/98; section 17.8.802, effective 9/
9/97; sections 17.8.804-809, effective 8/23/96; sections 17.8.818-828,
effective 8/23/96; section 17.8.901, effective 6/26/98; section
17.8.902, effective 9/9/97; sections 17.8.904-906, effective 8/23/96;
section 17.8.1001, effective 8/23/96; section 17.8.1002, effective 9/9/
97; sections 17.8.1004-1007, effective 8/23/96; section 17.8.1101,
effective 8/23/96; section 17.8.1102, effective 9/9/97; section
17.8.1103, effective 8/23/96; and sections 17.8.1106-1111, effective 8/
23/96.
(B) April 27, 2000 letter from Debra Wolfe, Montana Department of
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection
Agency, Region 8.
(C) Board Order issued on September 24, 1999, by the Montana Board
of Environmental Review approving the Yellowstone County Air Pollution
Control Program.
(D) Yellowstone County Air Pollution Control Program, Regulation
No. 002 Open Burning, effective September 24, 1999.
(E) March 6, 2001 letter from Robert Habeck, Montana Department of
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the
effective date of the Yellowstone County Air Pollution Control Program
Regulation No. 002 Open Burning.
(ii) Additional Material.
(A) April 5, 2000 letter from Debra Wolfe, Montana Department of
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection
Agency, Region 8.
(B) February 14, 2001 letter from Don Vidrine, Montana Department
of Environmental Quality, to Dick Long, U.S. Environmental Protection
Agency, Region 8.
* * * * *
3. Section 52.1384 is amended by adding paragraph (a) and revising
paragraph (c).
Sec. 52.1384 Emission control regulations.
(a) Administrative Rules of Montana 17.8.309(5)(b) and
17.8.310(3)(e) of the State's rule regulating fuel burning, which were
submitted by the Governor on April 14, 1999 and which allow terms of a
construction permit to override a requirement that has been approved as
part of the SIP, are disapproved. We cannot approve these provisions
into the SIP, as it would allow the State to change a SIP requirement
through the issuance of a permit. Pursuant to section 110 of the Act,
to change a requirement of the SIP, the State must adopt a SIP revision
and obtain our approval of the revision.
* * * * *
(c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d)
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule
regulating hydrocarbon emissions from petroleum products, which were
submitted by the Governor on May 17, 1994 and later recodified with a
submittal by the Governor on September 19, 1997, and which allow the
discretion by the State to allow different equipment than that required
by this rule, are disapproved. Such discretion cannot be allowed
without requiring EPA review and approval of the alternative equipment
to ensure that it is equivalent in efficiency to that equipment
required in the approved SIP.
PART 60--[AMENDED]
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, 7411, 7414, 7416, and 7601 as amended
by the Clean Air Act Amendments of 1990, Pub. L. 101-549, 104 Stat.
2399 (November 15, 1990; 402, 409, 415 of the Clean Air Act as
amended, 104 Stat. 2399, unless otherwise noted).
Subpart A--General Provisions
2. Section 60.4 is amended by:
[[Page 42438]]
a. Revising the names and addresses listed for the EPA Region VIII
office in paragraph (a), the State of Montana in paragraph (b)(BB), the
State of North Dakota in paragraph (b)(JJ) and the State of Utah in
paragraph (b)(TT) to read as follows: and
b. Amending the table entitled ``Delegation Status of New Source
Performance Standards [(NSPS) for Region VIII]'' in paragraph (c) by
revising the column heading for ``MT'' and the entries for subparts
``Ec'', ``RRR'', ``UUU'' and ``WWW'' to read as follows:
Sec. 60.4 Address.
* * * * *
(a) * * *
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming) Assistant Regional Administrator, Office of Enforcement,
Compliance and Environmental Justice, 999 18th Street, Suite 300,
Denver, CO 80202-2466.
* * * * *
(b) * * *
(BB) State of Montana, Department of Environmental Quality, 1520 E.
6th Ave., PO Box 200901, Helena, MT 59620-0901.
Note: For a table listing Region VIII's NSPS delegation status,
see paragraph (c) of this section.
* * * * *
(JJ) State of North Dakota, Division of Air Quality, North Dakota
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.
Note: For a table listing Region VIII's NSPS delegation status,
see paragraph (c) of this section.
* * * * *
(TT) State of Utah, Division of Air Quality, Department of
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.
Note: For a table listing Region VIII's NSPS delegation status,
see paragraph (c) of this section.
* * * * *
(c) * * *
Delegation Status of New Source Performance Standards [(NSPS)]
for Region VIII
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD \1\ UT \1\ WY
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Ec-Hospital/Medical/Infectious Waste (*) (*) (*) (*)
Incinerators...........................
* * * * * *
*
RRR--VOC Emissions from Synthetic (*) (*) (*) (*) (*) (*)
Organic Chemistry Manufacturing
Industry (SOCMI) Reactor Processes.....
* * * * * *
*
UUU--Calciners and Dryers in Mineral (*) (*) (*) (*) (*) (*)
Industries.............................
* * * * * *
*
WWW--Municipal Solid Waste Landfills.... (*) (*) (*) (*) (*) (*)
----------------------------------------------------------------------------------------------------------------
(*) Indicates approval of State regulation.
\1\ Indicates approval of State regulation as part of the State Implementation Plan (SIP).
PART 61--[AMENDED]
1. The authority citation for part 61 continues to read as follows:
Authority: Sec. 101, 112, 114, 116, 301, Clean Air Act as
amended (42. U.S.C. 7401, 6412, 7414, 7416, 7601).
Subpart A--General Provisions
2. Sec. 61.04 is amended by:
a. Revising the names and addresses listed for the EPA Region VIII
office in paragraph (a), the State of Colorado in paragraph (b)(G), the
State of Montana in paragraph (b)(BB), the State of North Dakota in
paragraph (b)(JJ) and the State of Utah in paragraph (b)(TT) and adding
the State of Wyoming in paragraph (b)(ZZ) to read as follows:
b. Amending the table entitled ``Region VIII.--Delegation Status of
National Emission Standards for Hazardous Air Pollutants'' by revising
the column heading for ``MT'' to read as follows:
Sec. 61.04 Address.
* * * * *
(a) * * *
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming) Assistant Regional Administrator, Office of Enforcement,
Compliance and Environmental Justice, 999 18th Street, Suite 300,
Denver, CO 80202-2466.
* * * * *
(b) * * *
(G) State of Colorado, Air Pollution Control Division, Department
of Public Health and Environment, 4300 Cherry Creek Drive South,
Denver, CO 80246-1530.
Note: For a table listing Region VIII's NESHAP delegation
status, see paragraph (c) of this section.
* * * * *
(BB) State of Montana, Department of Environmental Quality, 1520 E.
6th Ave., PO Box 200901, Helena, MT 59620-0901.
Note: For a table listing Region VIII's NESHAP delegation
status, see paragraph (c) of this section.
* * * * *
(JJ) State of North Dakota, Division of Air Quality, North Dakota
Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.
Note: For a table listing Region VIII's NESHAP delegation
status, see paragraph (c) of this section.
* * * * *
(TT) State of Utah, Division of Air Quality, Department of
Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.
Note: For a table listing Region VIII's NESHAP delegation
status, see paragraph (c) of this section.
* * * * *
(ZZ) State of Wyoming, Air Quality Division, Department of
Environmental Quality, 122 W. 25th St., Cheyenne, WY 82002.
* * * * *
(c) * * *
[[Page 42439]]
Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND \2\ SD \2\ UT \2\ WY
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* Indicates approval of delegation of subpart to state.
\1\ Authorities which may not be delegated include 40 CFR part 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii),
61.112(c), 61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174(a)(2), 61.174(a)(3),
61.242-1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of
Authority.
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T, W which were
approved through section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671.
Subpart BB--Montana
2. Add a new and undesignated center heading and Sec. 62.6613 to
subpart BB to read as follows:
Fluoride Emissions From Existing Phosphate Fertilizer Plants
Sec. 62.6613 Identification of plan--negative declaration.
The Montana Department of Environmental Quality certified in a
letter dated February 14, 2001, that there are no phosphate fertilizer
plants in Montana that meet the definition of affected facility under
any of the subparts T, U, V, W or X. Additionally, there are no
phosphate fertilizer plants in Montana that meet the definition of
affected facility under any of the subparts T, U, V, W, or X,
constructed before October 22, 1974, and that have not reconstructed or
modified since 1974.
[FR Doc. 01-19872 Filed 8-10-01; 8:45 am]
BILLING CODE 6560-50-P