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Disapproval and Promulgation of Air Quality Implementation Plans; Montana; Revisions to the Administrative Rules of Montana--Air Quality, Subchapter 7, Exclusion for De Minimis Changes
Feb 13, 2012 (Environmental Protection Agency Documents and Publications/ContentWorks via COMTEX) --
SUMMARY: EPA is taking final action to partially approve and partially disapprove State Implementation Plan (SIP) revisions and new rules as submitted by the State of Montana on June 25, 2010 and May 28, 2003. The revisions contain new rules in Subchapter 7 (Permit, Construction, and Operation of Air Contaminant Sources) that pertain to the issuance of Montana air quality permits, in addition to other minor administrative changes to other subchapters of the Administrative Rules of Montana (ARM). In this action, EPA is approving those portions of the rules that are approvable and disapproving those portions of the rules that are inconsistent with the Clean Air Act (CAA). This action is being taken under section 110 of the CAA.
EFFECTIVE DATE: Effective Date: This final rule is effective March 14, 2012.
ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R08-OAR-2011-0100. All documents in the docket are listed in the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Air Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. EPA requests you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6227, or leone.kevin@epa.gov.
SUPPLEMENTARY INFORMATION: For the purpose of this document, we are giving meaning to certain words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The words State or Montana mean the State of Montana, unless the context indicates otherwise.
Table of Contents
I. What action is EPA taking?
A. Summary of Final Action
B. Other Relevant Actions Related to the Montana SIP Revision Submittals
II. What is the background?
A. Brief Discussion of Statutory and Regulatory Requirements
B. Summary of the Submittals Addressed in This Final Action
III. Response to Comments
IV. What are the grounds for this approval action?
V. What are the grounds for this disapproval action?
VI. Final Action
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
A. Summary of Final Action
EPA is taking final action to approve new rule ARM 17.8.745 as submitted by the State of Montana on June 25, 2010. Montana adopted this rule on May 14, 2010 and it became State effective on May 28, 2010. We are also taking final action to approve all references to ARM 17.8.745, submitted by Montana on May 28, 2003. Specifically, the following phrases in 17.8.740(8)(a) and (c), respectively, (1) "except when a permit is not required under ARM 17.8.745" and (2) "except as provided in ARM 17.8.745," the phrase "and 17.8.745" in ARM 17.8.743(1) and the phrase "the emission increase meets the criteria in ARM 17.8.745 for a de minimis change not requiring a permit in ARM 17.8.864(1)(b). These references were adopted on December 6, 2002, and became State effective on December 27, 2002. EPA is also taking final action to disapprove the phrase "asphalt concrete plants, mineral crushers" in new rule ARM 17.8.743(1)(b) as submitted by the State of Montana on May 28, 2003. This rule was adopted on December 6, 2002, and became State effective on December 27, 2002.
ARM 17.8.745, as submitted by the State of Montana on June 25, 2010, and all references to ARM 17.8.745, as submitted by the State of Montana on May 28, 2003, meet the requirements of the Act and EPA's minor New Source Review (NSR) regulations. ARM 17.8.743(1)(b), as submitted by the State of Montana on May 28, 2003, does not meet the requirements of the Act and EPA's minor NSR regulations.
EPA proposed an action for the above SIP revision submittals on September 26, 2011 (76 FR 59338). We accepted comments from the public on this proposal from September 27, 2011, until October 26, 2011. A summary of the comments received and our evaluation thereof is discussed in section III below. In the proposed rule, we described our basis for the actions identified above. The reader should refer to the proposed rule, and sections III and IV of this preamble, for additional information regarding this final action.
EPA reviews a SIP revision submission for its compliance with the Act and EPA regulations. CAA 110(k)(3). We evaluated the submitted Program based upon the regulations and associated record that have been submitted and are currently before EPA. In order for EPA to ensure that Montana has a Program that meets the requirements of the CAA, the State must demonstrate the Program is as stringent as the Act and the implementing regulations discussed in this notice. For example, EPA must have sufficient information to make a finding that the new Program will ensure protection of the NAAQS, and noninterference with the Montana SIP control strategies, as required by section 110(l) of the Act.
The provisions in these submittals were not submitted to meet a mandatory requirement of the Act. Therefore, the final action to disapprove these submittals does not trigger a sanctions or Federal Implementation Plan clock. See CAA section 179(a).
B. Other Relevant Actions Related to the Montana SIP Revision Submittals
The Amended Consent Decree in WildEarth Guardians v. EPA, Case No. 09-cv-02148 (D. Col.), as amended, currently provides that EPA will take final action on the State's SIP revision submittals by October 31, 2011. See Stipulation to Extend the Deadline for EPA's Final Action of Item Number 11 on Exhibit A to the Consent Decree, filed with the Court on March 30, 2011 (Doc. 33).
II. What is the background?
A. Brief Discussion of Statutory and Regulatory Requirements
The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 requires states to have legally enforceable procedures to prevent construction or modification of a source if it would violate any SIP control strategies or interfere with attainment or maintenance of the National Ambient Air Quality Standards (NAAQS). Such minor NSR programs are for pollutants from stationary sources that do not require Prevention of Significant Deterioration (PSD) or nonattainment NSR permits. States may customize the requirements of the minor NSR program as long as their program meets minimum requirements.
Section 110(l) of the CAA states: "[e]ach revision to an implementation plan submitted by a State under this Act shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision to a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this chapter."
The States' obligation to comply with each of the NAAQS is considered as "any applicable requirement(s) concerning attainment." A demonstration is necessary to show that this SIP revision will not interfere with attainment or maintenance of the NAAQS, including those for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide (SO2), lead, nitrogen oxides (NOX) or any other requirement of the Act. Montana's demonstration of noninterference (see docket), as submitted to EPA on June 25, 2010, and our Technical Support Document (see docket) provide sufficient basis that new section ARM 17.8.745 submitted by Montana on June 25, 2010, will not interfere with attainment, reasonable further progress (RFP), or any other applicable requirement of the CAA. Further details are provided in sections IV and V of this action.
B. Summary of the Submittals Addressed in This Final Action
The State's May 28, 2003 submittal included ARM 17.8.743, which was a new rule. ARM 17.8.743(1) describes those sources that are required to obtain a Montana air quality permit. ARM 17.8.743(1) provides that any new or modified facility or emitting unit that has the potential to emit more than 25 tons per year of any airborne pollutant, except lead, /1/ must obtain a Montana air quality permit except as provided in ARM 17.8.744 and ARM 17.8.745 before constructing, installing, modifying or operating. ARM 17.8.431(1)(b) also requires asphalt concrete plants, mineral crushers, and mineral screens that have the potential to emit more than 15 tons per year of any airborne pollutant, other than lead, to obtain a Montana air quality permit.
FOOTNOTE 1 Facilities or emitting units that emit airborne lead must obtain a Montana air quality permit if they are new and emit greater than five tons per year of airborne lead, or if they are an existing facility or emitting unit and a modification results in an increase of airborne lead by an amount greater than 0.6 tons per year. END FOOTNOTE
--This is a summary of a Federal Register article originally published on the page number listed below--
Final rule.
CFR Part: "40 CFR Part 52"
Citation: "77 FR 7531"
Document Number: "EPA-R08-OAR-2011-0100; FRL-9495-9"
Federal Register Page Number: "7531"
"Rules and Regulations"
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