[Federal Register: November 20, 2002 (Volume 67, Number 224)]
[Rules and Regulations]
[Page 70009-70011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no02-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SIP NO. MT-001-0043, FRL-7397-4]
Approval and Promulgation of Air Quality Implementation Plans for
the State of Montana; Revisions to the Administrative Rules of Montana
AGENCY: Environmental Protection Agency (EPA).
[[Page 70010]]
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Governor of Montana on April 30, 2001. The April 30,
2001 submittal revises the State's Administrative Rules of Montana
(ARM) by adding a Credible Evidence Rule. The intended effect of this
action is to make the Credible Evidence Rule Federally enforceable.
Finally, the Governor's April 30, 2001 submittal contains other SIP
revisions which have been addressed separately. This action is being
taken under section 110 of the Clean Air Act (CAA).
EFFECTIVE DATE: This final rule is effective December 20, 2002.
ADDRESSES: 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 at the Air and Radiation Docket and
Information Center, U.S. Environmental Protection Agency, Room B-108
(Mail Code 6102T), 1301 Constitution Ave., NW., 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: Laurel Dygowski , EPA, Region 8, (303)
312-6144.
SUPPLEMENTARY INFORMATION: On August 19, 2002 (67 FR 53765), EPA
published a notice of proposed rulemaking (NPR) for the State of
Montana. The NPR proposed approval of a State Implementation Plan (SIP)
revision submitted by the Governor of Montana on April 30, 2001. The
April 30, 2001 submittal revises the State's Administrative Rules of
Montana (ARM) by adding a Credible Evidence Rule (ARM 17.8.132). The
intended effect of this action is to make the Credible Evidence Rule
Federally enforceable.
I. Final Action
Since we received no comment on the August 19, 2002 notice of
proposed rulemaking, EPA is approving a State Implementation Plan (SIP)
revision submitted by the Governor of Montana on April 30, 2001. The
April 30, 2001 submittal revises the State's Administrative Rules of
Montana (ARM) by adding a Credible Evidence Rule (ARM 17.8.132).
II. 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. 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 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 (Pub. L. 104-4).
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), 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 January 21, 2003. 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: October 10, 2002.
Jack W. McGraw,
Acting Regional Administrator, Region 8.
40 CFR part 52, Chapter I, title 40 of the Code of Federal
Regulations is amended as follows:
[[Page 70011]]
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)(58) to read
as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(58 ) On April 30, 2001, the Governor of Montana submitted a
request to add a credible evidence rule to the Administrative Rules of
Montana (ARM). ARM 17.8.132--``Credible Evidence'' has been approved
into the SIP.
(i) Incorporation by reference.
(A) ARM 17.8.132 effective December 8, 2000.
[FR Doc. 02-29335 Filed 11-19-02; 8:45 am]
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