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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Part 52
SIP ID: [SIP No. MT-001-0005, MT-001-0006; FRL-7609-1]
NOTICE: RULES
ACTION: Air quality implementation plans; approval and promulgation; various States:
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Approval and Promulgation of Air Quality Implementation Plans; Montana; Thompson Falls PM
EFFECTIVE DATES: This final rule is effective February 23, 2004.
DOCUMENT SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the Governor of Montana on June 26, 1997, and June 13,
2000, as meeting the requirements for moderate PM10 nonattainment
areas contained in Part D of the Clean Air Act. (Portions of the June
26, 1997, submittal were withdrawn by the Governor of Montana on
February 28, 1999. We are only acting on the portions of the June 26,
1997, submittal that were not withdrawn.) These revisions contain an
inventory of emissions for Thompson Falls and establish and require
continuation of all control measures adopted and implemented for
reductions of particulate matter with an aerodynamic diameter less than
or equal to 10 micrometers (PM
SUMMARY: Montana,
SUPPLEMENTAL INFORMATION
On November 19, 2003 (68 FR 65229), we proposed to approve SIP revisions submitted by the Governor of Montana on June 26, 1997, and June 13, 2000, as meeting the requirements for moderate PM10 nonattainment areas contained in Part D of the Clean Air Act.\1\ These revisions contain an inventory of emissions for Thompson Falls and establish and require continuation of all control measures adopted and implemented for reductions of particulate matter with an aerodynamic diameter less than or equal to 10 micrometers(PM
\1\ On February 28, 1999, the Governor of Montana withdrew all chapters of the Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, except chapters 45.2, 45.10.10, and 45.10.12, and the emissions inventory. The June 13, 2000 submittal contained corrections to chapter 45.10.10 and the emissions inventory submitted on June 26, 1997. We are only approving the portions of the SIP that the Governor did not withdraw, as corrected by the June 13, 2000 submittal.
I. Final Action
We received no comment on our November 19, 2003, notice of proposed
rulemaking. EPA is approving State Implementation Plan revisions
submitted by the Governor of Montana on June 26, 1997, and June 13,
2000. The June 26, 1997, submittal contains the Thompson Falls Air
Pollution Control Plan and an emissions inventory for the Thompson
Falls PM
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. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 preexisting 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 (Pub. L. 1044).
This rule also does not have tribal implications because it will
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). This action also does not have Federalism
implications because it does 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 (64
FR 43255, August 10, 1999). This action 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
``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997),
[[Page 3012]]
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. 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. 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).
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 March 22, 2004. 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).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 31, 2003.
Robert E. Roberts,
Regional Administrator, Region 8.
40 CFR part 52 is amended to read 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 BBMontana
2. Section 52.1370 is amended by adding paragraph (c)(60) to read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(60) On June 26, 1997, the Governor of Montana submitted the
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the
Governor submitted revisions to the June 26, 1997, submittal. On
February 28, 1999, the Governor of Montana withdrew all chapters of the
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997,
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control Plan.
(i) Incorporation by reference.
(A) Board Order issued June 20, 1997, by the Montana Board of
Environmental Review, as reprinted in section 45.2.2 of the Thompson
Falls Air Pollution Control Plan. The Board Order adopts and
incorporates the May 1997 Maintenance Agreement Between the City of
Thompson Falls, Montana Department of Transportation, and Montana
Department of Environmental Quality which contains the control plan for
the attainment and maintenance of the PM10 National Ambient Air Quality Standards in the Thompson Falls area.
(B) May 1997 Maintenance Agreement between the City of Thompson
Falls, Montana Department of Transportation, and Montana Department of
Environmental Quality, as reprinted in section 45.2.1 of the Thompson Falls Air Pollution Control Plan.
(ii) Additional Material.
(A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control Plan.
3. Section 52.1391 is amended by redesignating the existing paragraph
as paragraph (a) and adding paragraph (b) to read as follows: Sec. 52.1391 Emission inventories.
* * * * *
(b) As part of the Thompson Falls Air Pollution Control Plan
(approved at Sec. 52.1370(c)(60)), the Governor of Montana submitted a
PM10 emission inventory for the Thompson Falls area as a SIP revision.
The PM10 emission inventory covers the time period of July 1, 1990 through June 30, 1991.
[FR Doc. 041233 Filed 12104; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT Laurel Dygowski, EPA, Region 8, (303) 3126144.
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