[Federal Register: December 12, 2007 (Volume 72, Number 238)]
[Proposed Rules]
[Page 70540-70542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de07-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0806; FRL-8504-6]
Approval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve revisions to the State
Implementation Plan (SIP) submitted by the Governor of Montana on
December 8, 1997, May 28, 2003, and August 25, 2004. The December 8,
1997 submittal revised the Administrative Rules of Montana (ARM )
Chapter 8, Subchapter 3, Section 17.8.316 (Incinerators) by adding
Subsection (6). ARM 17.8.316(6) excludes incinerators from having to
comply with the other provisions of ARM 17.8.316, including the
particulate matter emissions standard of 0.10 grains per cubic foot and
the 10% opacity standard, if these sources have been issued a Montana
air quality permit under 75-2-215, Montana Code Annotated (MCA), and
ARM 17.8.770, which pertain to permitting of solid or hazardous waste
incinerators. The August 25, 2004 submittal made a minor editorial
revision to ARM 17.8.316(5). The May 28, 2003 submittal made minor
editorial revisions to ARM 17.8.316(6). This action is being taken
under section 110 of the Clean Air Act (CAA).
DATES: Comments must be received on or before January 11, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0806, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: daly.carl@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Director, Air and Radiation Program, Environmental
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
Hand Delivery: Director, Air and Radiation Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
Federal holidays. Special arrangements should be made for deliveries of
boxed information.
[[Page 70541]]
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0806. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through
http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
For additional instructions on submitting comments, go to
Section I. General Information of the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. 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 http://www.regulations.gov or in hard copy at the Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, 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: Carl Daly, Air and Radiation Program,
U.S. Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202, (303) 312-6416, daly.carl@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. Summary of SIP Revision
III. Proposed Action
IV. Statutory and Executive Order Reviews
Definitions
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.
I. General Information
A. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. Summary of SIP Revision
On December 8, 1997, the State of Montana submitted to EPA a SIP
revision request. The revision added Subsection (6) to Section 17.8.316
(Incinerators) of the Administrative Rules of Montana (ARM), Chapter 8
(Air Quality), Subchapter 3 (Emission Standards). Subsection (6)
exempts incinerators from the requirements of ARM 17.8.316, including
the particulate matter emissions standard of 0.10 grains per cubic foot
and the 10% opacity standard, if these sources have been issued a
Montana air quality permit under 75-2-215, MCA, and ARM
17.8.706(5).1 2
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\1\ Montana Code Annotated (MCA) 75-2-215 (Solid or hazardous
waste incineration--Additional permit requirements)
\2\ ARM 17.8.706(5) was recodified to ARM 17.8.770 effective on
December 6, 2002. This provision has not been submitted by the State
to be incorporated into the federally aproved SIP. ARM 17.8.770 (ARM
17.8.706(5)) requires applicants for a preconstruction permit for an
incineration facility to submit a human health risk assessment
protocol and a human health risk assessment.
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The revision also included wording changes to ARM 17.8.316. Most
are minor editorial or technical corrections and do not change the
substance of the rule. One of the changes was to substitute the words
``solid and hazardous waste'' for the word ``refuse'' in the rule. The
effect of this change was to extend the rule requirements to
incinerators burning solid or hazardous waste, not just refuse. The
full text of the changes can be found in our Technical Support Document
(TSD), which is contained in the Docket for this action.
We interpret ARM 17.8.316(6) to allow terms of a permit to override
a requirement that has been approved as part of the SIP (i.e., the
provisions in ARM 17.8.316(1)-(5)). Therefore, this revision requires
an analysis showing that this new rule will not interfere with
[[Page 70542]]
compliance with the National Ambient Air Quality Standards (NAAQS) or
Prevention of Significant Deterioration (PSD) increments. Section
110(l) of the CAA states that EPA cannot approve a SIP revision that
would interfere with any applicable requirement concerning attainment
or reasonable further progress, as defined in Section 171 of the CAA,
or any other applicable requirements of the CAA. Montana did not
provide any demonstration in its December 8, 1997 SIP revision
submittal that ARM 17.8.316(6) meets these criteria. Subsequent to the
State's submittal, EPA requested information from the Montana
Department of Environmental Quality (DEQ) in order to conduct its own
analysis on the impact of ARM 17.8.316(6) on the attainment and
maintenance of the NAAQS for particulate matter with an aerodynamic
diameter less than or equal to 10 and 2.5 micrometers (PM-10 and PM-
2.5) and compliance with the PSD PM-10 increments. Based on this
analysis, EPA has determined that this specific change to a SIP
requirement will not adversely impact the attainment and maintenance of
the PM-10 and PM-2.5 NAAQS, or compliance with the PM-10 increments, in
Montana. EPA's analysis of this revision's impact is contained in the
TSD for this action. In addition, the TSD discusses EPA's verification
that ARM 17.8.316(6) will not impact compliance with, or the ability to
enforce, the federal New Source Performance Standards (NSPS) or Maximum
Achievable Control Technology (MACT) regulations. Based on a letter
from the Montana DEQ dated October 2, 2007, and its own consideration
of the rule change, EPA has determined that ARM 17.8.316(6) will not
interfere with, supersede, or replace any NSPS or MACT requirements for
sources, or affect in any way the State's, EPA's, or any other person's
ability to enforce such NSPS or MACT requirements. The TSD and the DEQ
letter are available for review as part of the Docket for this action.
On August 25, 2004, the State of Montana submitted to EPA a SIP
revision request that, in part, revised Subsection (5) to ARM 17.8.316
(Incinerators). This revision makes a minor change to the third
sentence of Subsection (5) from: ``Testing shall be conducted in
accordance with ARM 17.8.106 and the Montana Source Testing Protocol
and Procedures Manual''; to: ``Testing shall be conducted in accordance
with ARM 17.8.106 and the Montana Source Test Protocol and Procedures
Manual.''
On May 28, 2003, the State of Montana submitted to EPA a SIP
revision request that, in part, revised ARM 17.8.316(6). This revision
makes minor changes to Subsection (6) from: ``This rule does not apply
to incinerators for which an air quality preconstruction permit has
been issued under 75-2-215, MCA, and ARM 17.8.706(5)''; to: ``This rule
does not apply to incinerators for which a Montana air quality permit
has been issued under 75-2-215, MCA, and ARM 17.8.770.''
EPA's review of the revisions to ARM 17.8.316 indicates that they
are consistent with the CAA, and we are proposing to approve the
revisions to ARM 17.8.316 into the Montana SIP. EPA is soliciting
public comments on the issues discussed in this document or on other
relevant matters. These comments will be considered before taking final
action. Interested parties may participate in the Federal rulemaking
procedure by submitting written comments to the EPA Regional office
listed in the ADDRESSES section of this document.
III. Proposed Action
EPA is proposing to approve the revisions to ARM 17.8.316,
submitted on December 8, 1997, May 28, 2003, and August 25, 2004, into
the Montana SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed 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
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed 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 proposes to approve 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 proposed 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 proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the CAA. This proposed 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 approves a state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 CAA. 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 proposed 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.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 4, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
[FR Doc. E7-24093 Filed 12-11-07; 8:45 am]
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