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Approval and Promulgation of Air Quality Implementation Plans; Montana; Emergency Episode Avoidance Plan and Cascade County Open Burning Rule

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[Federal Register: June 12, 2001 (Volume 66, Number 113)]
[Rules and Regulations]
[Page 31548-31550]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn01-7]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP No. MT-001-0034a, MT-001-0035a; FRL-6991-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Emergency Episode Avoidance Plan and Cascade County Open 
Burning Rule

AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action approving State 
Implementation Plan (SIP) revisions submitted by the State of Montana 
on February 9, 2001. This submittal revises the State's Emergency 
Episode Avoidance Plan and Cascade County's Local Regulation Chapter 7, 
Open Burning. In addition, Billings and Great Falls Carbon Monoxide 
Limited Maintenance Plans were submitted on February 9, 2001. EPA will 
act on the Billings and Great Falls Plans at a later date. This action 
is being taken under section 110 of the Clean Air Act, 42 U.S.C. 
section 7410.

DATES: This rule is effective on August 13, 2001 without further 
notice, unless EPA receives adverse comment by July 12, 2001. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air and Radiation Program, Mailcode 8P-AR, Environmental Protection 
Agency (EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado, 
80202. Copies of the documents relevant to this action are available 
for public inspection during normal business hours at the Air and 
Radiation Program, Environmental Protection Agency, Region 8, 999 18th 
Street, Suite 300, Denver, Colorado, 80202 and copies of the 
Incorporation by Reference material are available at the Air and 
Radiation Docket and Information Center, Environmental Protection 
Agency, 401 M Street, SW, Washington, DC 20460. Copies of the State 
documents relevant to this action are available for public inspection 
at the Montana Department of Environmental Quality, Air and Waste 
Management Bureau, 1520 E. 6th Avenue, Helena, Montana 59620.

FOR FURTHER INFORMATION CONTACT: Laurie Ostrand, EPA, Region 8, (303) 
312-6437.

SUPPLEMENTARY INFORMATION: For the purpose of this document, we are 
giving meaning to certain words as follows: (a) The words ``EPA,'' 
``we,'' ``us'' or ``our'' mean or refer to the United States 
Environmental Protection Agency. (b) The words State or Montana mean 
the State of Montana unless the context indicates otherwise. (c) The 
initials MDEQ mean the Montana Department of Environmental Quality.

I. Summary of SIP Revision

    On February 9, 2001, the State of Montana submitted a formal 
revision to its State Implementation Plan (SIP). The SIP revision 
consists of updates to the Montana Emergency Episode Avoidance Plan 
(EEAP) and Cascade County's Local Regulation Chapter 7, Open Burning. 
Other revisions to the SIP were also submitted on February 9, 2001 but 
will be acted on at a later date.

Montana's Emergency Episode Avoidance Plan

    The February 9, 2001 submittal revises Montana's Emergency Episode 
Avoidance Plan (EEAP). The submittal revises the priority 
classification of two of the Air Quality Control Regions (AQCR) based 
on more current ambient data; replaces the references to the National 
Weather Service with references to the MDEQ meteorological staff; and 
makes grammatical corrections.
    We last approved revisions to Montana's EEAP on December 6, 1999 
(64 FR 68034). We are approving the 2001 revisions to Montana's EEAP 
and updating 40 CFR 52.1371 to indicate the current emergency episode 
priority classifications for the AQCRs.

Cascade County Air Pollution Control Program Regulation Chapter 7, Open 
Burning

    In addition, the February 9, 2001 submittal revises the Cascade 
County Air Pollution Control Program. The submittal consists solely of 
Regulation Chapter 7, Open Burning. The Cascade County open burning 
regulations only apply to minor open burning sources. Major open 
burning sources are subject to the State's open burning regulations. 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,

[[Page 31549]]

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 Cascade County Regulation Chapter 7, the 
State has given Cascade County the responsibility to ensure that State 
open burning rules are met for minor open burning sources. Since the 
County is implementing measures that the State is relying upon to 
assure that the PM-10 SIP NAAQS are maintained, we believe it is 
appropriate to incorporate the County's open burning rules in the SIP. 
In addition, including the County's open burning rules in the SIP will 
make the County open burning program federally enforceable, further 
assuring the effectiveness of the PM-10 plan. We are approving the 
Cascade County Air Pollution Control Program Regulation Chapter 7, Open 
Burning, into the SIP.
    On May 22, 1995 the Governor of Montana submitted a SIP revision 
regarding the Cascade County Air Pollution Control Program. The May 22, 
1995 submittal was later superseded by another SIP revision for Cascade 
County Air Pollution Control Program submitted by the Governor on 
September 4, 1997. To date we have not acted on the May 22, 1995 or 
September 4, 1997 submittals. The February 9, 2001 letter from the 
Governor of Montana indicates that the recent modifications to the 
Cascade County Air Pollution Control Program now supercede the 1997 
submittal and, therefore, rescinds the September 4, 1997 submittal. We 
are not acting on the September 4, 1997 submittal, nor the May 22, 1995 
submittal.

II. Final Action

    We are approving the revisions to the Montana Emergency Episode 
Avoidance Plan into the SIP and updating 40 CFR 52.1371 to indicate the 
current emergency episode priority classifications for the AQCRs. In 
addition, we are approving the Cascade County Air Pollution Control 
Program Regulation Chapter 7, Open Burning, into the SIP.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the ``Proposed Rules'' section of today's 
Federal Register publication, EPA is 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 August 13, 2001 without 
further notice unless the Agency receives adverse comments by July 12, 
2001. If the EPA receives adverse comments, EPA will publish a timely 
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, EPA may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not 
have a substantial direct effect on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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. 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. section 804(2). This rule will 
be effective August 13, 2001 unless EPA receives adverse written 
comments by July 12, 2001.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 13, 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

[[Page 31550]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: May 22, 2001.
Patricia D. Hull,
Acting Regional Administrator, Region 8.

    40 CFR part 52, subpart BB of chapter I, title 40 is amended as 
follows:

PART 52--[AMENDED]

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

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

Subpart BB--Montana

    2. Section 52.1370 is amended by adding paragraph (c)(50) to read 
as follows:

Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (50) On February 9, 2001, the Governor of Montana submitted 
revisions to Montana's Emergency Episode Avoidance Plan and Cascade 
County Air Pollution Control Program Regulation Chapter 7, Open 
Burning.
    (i) Incorporation by reference.
    (A) Board Order issued on October 16, 2000, by the Montana Board of 
Environmental Review approving the Cascade County Air Pollution Control 
Program.
    (B) Cascade County Air Pollution Control Program, Regulation 
Chapter 7, Open Burning, effective October 16, 2000.
    (C) March 16, 2001 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Cascade County Air Pollution Control Program 
Regulation Chapter 7, Open Burning.

    3. Section 52.1371 is amended by revising the introductory text and 
revising the entries ``Helena Intrastate AQCR 142'' and ``Missoula 
Intrastate AQCR144'' in the table to read as follows:

Sec. 52.1371  Classification of regions.

    The Montana Emergency Episode Avoidance Plan was revised with a 
February 9, 2001 submittal by the Governor. The February 9, 2001 
Emergency Episode Avoidance Plan classified the Air Quality Control 
Regions (AQCR) as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Pollutant
Air quality control regions (AQCR) ---------------------------------------------------------------------------------------------------------------------
                                      Particulate matter         Sulfur oxide          Nitrogen dixoide        Carbon monoxide             Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                            *        *        *        *        *        *        *
Helena Intrastate AQCR 142........  II                      III                     III                     III                    III

                                            *        *        *        *        *        *        *
Missoula Intrastate AQCR 144......  II                      III                     III                     III                    III
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 01-14612 Filed 6-11-01; 8:45 am]
BILLING CODE 6560-50-U

 
 

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