[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Proposed Rules]
[Pages 758-763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2007-0662; FRL-9248-2]
Disapproval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Subchapter 7, Subchapter 16 and Subchapter 17
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to disapprove portions of revisions and new
rules as submitted by the State of Montana on October 16, 2006 and
November 1, 2006. Montana adopted these rules on December 2, 2005 and
March 23, 2006 and these rules became State-effective on January 1,
2006. These revisions and new rules do not meet the requirements of the
Clean Air Act and EPA's Minor New Source Review (NSR) regulations. EPA
has concluded that none of the identified elements for the submitted
revisions and new rules are
[[Page 759]]
severable from each other. The intended effect of this action is to
propose to disapprove these rules as they are inconsistent with the
Clean Air Act. This action is being taken under section 110 of the
Clean Air Act.
DATES: Comments must be received on or before February 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2007-0662, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (303) 312-6064 (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie A. Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129.
Hand Delivery: Callie A. Videtich, Director, Air 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 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2007-0662. 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 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: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129, (303) 312-6227, or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. General Information
II. What is being addressed in this document?
III. EPA Review and Proposed Action on SIP Revisions
IV. Summary of EPA's Proposed Action
V. 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) Minor NSR means NSR established under section 110 of the Act
and 40 CFR 51.160.
(iv) NSR means new source review, a phrase intended to encompass
the stationary source regulatory programs that regulate the
construction and modification of stationary sources as provided under
CAA section 110(a)(2)(C), CAA Title I, parts C and D, and 40 CFR 51.160
through 51.166.
(v) The initials SIP mean or refer to State Implementation Plan.
(vi) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.
(vii) NAAQS means National Ambient Air Quality Standards.
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.
[[Page 760]]
h. Make sure to submit your comments by the comment period deadline
identified.
II. What is being addressed in this document?
On October 16, 2006, the State of Montana submitted revisions to
revise the Montana State Implementation Plan (SIP) and rules. This
submission contained revisions to Administrative Rules of Montana (ARM)
17.8.743(1), and new rules I-VI, codified as ARM 17.8.1601, 17.8.1602,
17.8.1603, 17.8.1604, 17.8.1605, and 17.8.1606, pertaining to the
regulation of oil and gas well facilities, and 17.8.759, pertaining to
Montana air quality permit applicability. The revisions to ARM
17.8.743(1), 17.8.1601, 17.8.1602, 17.8.1603, 17.8.1604, 17.8.1605, and
17.8.1606 provide, generally, that an owner or operator of an oil and
gas well facility for which a Montana air quality permit is required
may wait until 60 days after the well completion date before submitting
an application for a permit. EPA is proposing to act on the revisions
to these seven regulations in this notice. The Montana Board of
Environmental Review (Board) adopted these revisions to existing SIP
revisions and new rules on December 2, 2005. ARM 17.8.759 is being
addressed in a separate action (see 75 FR 9834-9843). The submission
also contains revisions to ARM 17.8.1402 pertaining to incorporation by
reference. This revision was addressed by EPA in a previous action (see
75 FR 3993-3996). In addition to these revisions, on October 16, 2006,
Montana is also withdrawing ARM 17.8.743(1)(c) regarding the
applicability of incinerators in the Montana air pollution program
rules. ARM 17.8.743(1)(c) was inadvertently included in the submission
dated May 28, 2003. The Board adopted ARM 17.8.743(1)(c) on December 6,
2002.
On November 1, 2006, the State of Montana submitted revisions to
revise the Montana SIP and rules. This submission contained revisions
to ARM 17.8.504, 17.8.505, 17.8.744, 17.8.1204 and new rules I-IX,
codified as ARM 17.8.1701, 17.8.1702, 17.8.1703, 17.8.1704,
17.8.1705,17.8.1710, 17.8.1711, 17.8.1712 and 17.8.1713 pertaining to
the regulation of oil and gas well facilities. The revision to ARM
17.8.504 pertains to air quality permit application fees; ARM 17.8.505
pertains to air quality operation fees; ARM 17.8.744(l) provides that a
Montana air quality permit is not required for facilities that register
with the department in accordance with ARM 17.8.17; and ARM 17.8.1204
addresses air quality operating permit program applicability. The Board
adopted these new rules and rule amendments on March 23, 2006. EPA is
proposing to act on all these rule submissions in this action.
EPA notes that ARM 17.8.1204 (regarding Air Quality Operating
Permit Program Applicability) and ARM 17.8.505 (regarding Air Quality
Operation Fees) are part of the Title V and Part 70 regulations which
we do not approve into the SIP. Instead, we approve operating permit
regulations under our operating permit regulations at 40 CFR part 70.
Thus, we intend to consider approval of Montana's proposed Part C
revisions pursuant to our part 70 regulations at such time as Montana
submits an appropriate request under 40 CFR 70.4(i). The revisions are
meaningless absent their regulatory context, and that regulatory
context is not part of the EPA-approved SIP and is not incorporated by
reference into 40 CFR part 52. Instead, the approval status of
Montana's part 70 Program is reflected in 40 CFR part 70, Appendix A.
Thus, because we are obligated to act on SIP submissions, we plan to
disapprove these revisions as a revision to Montana's SIP. If the State
requests to withdraw part C from the SIP revision prior to the time we
take final action, we would not be obligated to take final action
because part C would no longer be pending before the Agency as a SIP
revision. Additionally, if requested by the State, we will separately
consider these revisions as a revision to the approved operating permit
program for the State.
The November 1, 2006 submission also contains revisions to the
following rules: ARM 17.8.101, ARM 17.8.102, ARM 17.8.103, ARM
17.8.302, ARM 17.8.767, ARM 17.8.801, ARM 17.8.802, ARM 17.8.818, ARM
17.8.902 and ARM 17.8.1002 pertaining to incorporation by reference of
current federal regulations and other materials into air quality rules.
EPA is not acting on these rule submissions. These revisions were
addressed by EPA in a previous action (see 75 FR 3993-3996).
These proposed amendments to existing new rules and adoption of new
rules listed above that are the subject of this notice, hereafter
referred to as ``the Program,'' would establish a registration system
for certain facilities that presently require a minor NSR air quality
permit under the SIP regulations. The Program would establish a general
registration system for oil and gas well facilities. The Program would
allow the owner or operator of an oil or gas well facility to register
with the Montana Department of Environmental Quality (MDEQ) in lieu of
submitting a permit application and obtaining a permit to construct or
modify the source. Currently, with specific exemptions, the
administrative rules adopted under the CAA of Montana and approved by
EPA into the SIP, require the owner or operator of sources of air
pollution to obtain a permit prior to construction or modification.
III. EPA Review and Proposed Action on SIP Revisions
EPA is proposing to disapprove the revisions and new rules as
submitted by Montana on October 16, 2006 and November 1, 2006, as
identified above.
Section 110(a)(2)(C) of the Act requires that each implementation
plan include a program to regulate the construction and modification of
stationary sources, including a permit program as required by parts C
and D of title I of the Act, as necessary to assure that the NAAQS are
achieved. Parts C and D, which pertain to prevention of significant
deterioration (PSD) and nonattainment, respectively, address major NSR
programs for stationary sources, and the permitting program for
``nonmajor'' (or ``minor'') stationary sources is addressed by section
110(a)(2)(C) of the Act. We generally refer to the latter program as
the ``minor NSR'' program. A minor stationary source is a source whose
``potential to emit'' is lower than the major source applicability
threshold for a particular pollutant defined in the applicable major
NSR program.
Therefore, we evaluated the submitted revisions and new rules using
the federal regulations under CAA section 110(a)(2)(C), which require
each State to include a minor NSR program in its SIP. EPA regulations
require that a minor NSR program include:
A plan that includes ``legally enforceable procedures that
enable'' the permitting agency to determine whether a minor source will
cause or contribute to violations of applicable portions of the control
strategy, 40 CFR 51.160(a)(1).
A plan that sets forth legally enforceable procedures that
enable the State to determine whether the minor source will result in
``interference with a national ambient air quality standard,'' 40 CFR
51.160(a)(2) and, to prevent the source from doing so, 40 CFR
51.160(b).
A plan that includes a discussion of ``the basis for
determining which facilities will be subject to review,'' 40 CFR
51.160(e).
A plan that includes a discussion of ``the air quality
data and the dispersion or other air quality modeling used'' to
[[Page 761]]
meet the requirements of EPA regulations 40 CFR 51.160(f).
In addition, we reviewed the State's regulations for compliance
with the Act. Generally, SIPs must be enforceable (see section 110(a)
of the Act) and must not relax existing SIP requirements (see section
110(l) and 193 of the Act).
EPA has issued several guidance memoranda that explain the Agency's
requirements for practicable enforceability for purposes of effectively
limiting a source's potential to emit. See, e.g., June 13, 1989
Memorandum entitled, ``Guidance on Limiting Potential to Emit in New
Source Permitting, from Terrell F. Hunt, Associate Enforcement Counsel,
OECA, and John Seitz, Director, OAQPS, to EPA Regional Offices. Further
guidance was provided on January 25, 1995 in a memorandum entitled,
``Options for Limiting the Potential to Emit (PTE) of a Stationary
Source Under Section 112 and Title V of the Clean Air Act (Act),'' from
John Seitz, Director, OAQPS and Robert I. Van Heuvelen, Director, ORE
to Regional Air Directors. Although the latter memo applies to
stationary sources subject to CAA Section 112 and Title V, we are
citing this notice for the general practicable enforceability
principles.
For example, as presented in the guidance, practicable
enforceability for a source-specific permit means that the permit's
provisions must, at a minimum:
(1) Include technically accurate emission limitations;
(2) Specify the time period for the limitation (hourly, daily,
monthly, annually);
(3) Specify the method for determining compliance including
appropriate monitoring, recordkeeping and reporting (MRR);
(4) Identify the category of sources that are covered by the rule;
(5) Where coverage is optional, provide for notice to the
permitting authority of the source's election to be covered by the
rule; and
(6) Recognize the enforcement consequences relevant to the rule.
EPA reviewed the proposed new rules against the six criteria
mentioned above. This review, which is also discussed in a memo from
Richard R. Long, Director, Region 8 Air and Radiation Program, to the
Board on January 30, 2006 (Long memo), includes:
a. Specific applicability. The Rules must clearly identify the
category of sources that qualify for the rule's coverage.
b. Reporting or notice to permitting authority. The rule should
provide that a source notify the permitting authority of its coverage
by the rule.
c. Specific technically accurate emission limits. The rule must
clearly specify the emission limits that apply, and include the
specific associated compliance monitoring. A rule that allows sources
to submit the specific parameters and associated emission limits to be
monitored may not be enforceable because the rule itself does not set
specific emission limits.
d. Specific compliance monitoring. The rule must specify the
methods to determine compliance. Specifically, the rule must state the
monitoring requirements, recordkeeping requirements, reporting
requirements and test methods as appropriate.
e. Practically enforceable averaging times. The averaging time
period must readily allow for determination of compliance.
f. Clearly recognized enforcement. Violations of the emission
thresholds imposed by the rule constitute violations of permitting and
SIP requirements.
Section 110(a)(2)(A) of the Act and 40 CFR 51.160(a)(1) requires
that SIP revision submittals be enforceable. The September 23, 1987,
Memorandum from J. Craig Potter, Assistant Administrator for Air and
Radiation, and Thomas L. Adams Jr., Assistant Administrator for
Enforcement and Compliance Monitoring, entitled ``Review of State
Implementation Plans and Revisions for Enforceability and Legal
Sufficiency'' provides EPA's guidance for interpreting this provision
in the Act. EPA proposes to find that the proposed new and modified
rules do not meet the requirements of section 110(a)(2), which require
that SIP revision submittals be enforceable. First, there are no
specific up-front methodologies in the submitted Program for the State
to use to be able to determine whether a source covered by these rules
is in compliance with 40 CFR 51.160. The Program fails to meet the
enforceability requirements to assure compliance. This is because there
are no specific limits to limit production, hours of operation, fuel
consumption, etc. to ensure the facility's potential to emit remains
below major source thresholds for any particular pollutant. Second,
while ARM 17.8.1705, codified as New Rule V, requires that the owner or
operator of a registered facility shall monitor and record annual
production information for all emission points and maintain onsite
records showing daily hours of operation and daily production rates,
17.8.1705 does not have any specific limits that limit the potential to
emit. Thus, EPA finds that the testing, recordkeeping, reporting, and
monitoring provisions necessary to establish how compliance will be
determined and to ensure that the NAAQS are protected are insufficient.
The rule must clearly specify the emission limits that apply, and
include the necessary more specialized monitoring, recordkeeping, and
reporting (MRR) requirements required for an oil and gas registration
program to ensure accountability and provide a means to determine
compliance. The submitted Program is generic concerning MRR. For
example, ARM 17.8.1705 requires that the owner or operator of a
registered facility shall monitor and record annual production
information for all emission points, as required by the MDEQ in the
annual emission inventory request. ARM 17.8.1605 (Recordkeeping
requirements) only requires that the owner or operator of an oil and
gas well facility shall record, and maintain onsite or at a central
field office, a record of each monthly inspection. There are no
specific limits to limit potential to emit and there are no specific up
front methodologies specified in this rule to determine compliance.
The submitted Program is generic concerning the types of monitoring
that are required, rather than identifying the application of specific
monitoring approaches, providing the technical specifications for each
of the specific allowable monitoring systems, and requiring replicable
procedures for the approval of any alternative monitoring system
(January 25, 1995 memo from Kathie A. Stein, Director Air Enforcement
Division entitled ``Guidance on Practicable Enforceability''). The
Program also lacks the replicable procedures that are necessary to
ensure that (1) adequate monitoring is required that would accurately
determine emissions under the Program; (2) the Program is based upon
sound science and meets generally acceptable scientific procedures for
data quality and manipulation; and (3) the information generated by
such system meets minimum legal requirements for admissibility in a
judicial proceeding to enforce the Program (September 23, 1987,
Memorandum from J. Craig Potter, Assistant Administrator for Air and
Radiation, and Thomas L. Adams Jr., Assistant Administrator for
Enforcement and Compliance Monitoring, entitled ``Review of State
Implementation Plans and Revisions for Enforceability and Legal
Sufficiency''). For example: ARM 17.8.1604 and 17.8.1712 require the
source to inspect monthly all VOC piping components for leaks and
repair such leaks within a specific period of
[[Page 762]]
time. The rule should specify methods more sophisticated than sight,
sound and smell to detect leaks; for example, field gas chromatography;
photo ionization air monitoring; or portable gas detection
instrumentation. Additionally, ARM 17.8.1713(4) requires the owner or
operator of a registration oil or gas well facility with a ``detectible
level of hydrogen sulfide from the well'' to submit an ``air quality
analysis demonstrating compliance'' with the ambient standards for
SO2 and hydrogen sulfide. The regulation is ambiguous and
provides no information regarding what should go in such a
demonstration. The Program should also ensure consistency and accuracy
in the calculations that oil and gas well facilities conduct, for
example by including the calculations in the rule or referencing
specific AP-42 air pollutant emission factors or American Society for
Testing Materials (ASTM) methods to determine emissions from the
various emission units at the oil and gas well facility.
Because of the reasons stated above, EPA finds the MRR requirements
in the Program fail to ensure attainment and maintenance of the NAAQS
are protected. The Program lacks language requiring the owner or
operator to maintain the proper MRR, which would allow the State to be
able to determine if there was an adverse impact on air quality.
Even if the rules were federally enforceable as required by CAA
section 110(a)(2)(C), the rule must also be enforceable as a practical
matter. EPA's review of these proposed revisions also focused on
whether these revisions are enforceable as a practical matter. If
limitations imposed by SIP rules are incomplete, vague, or nonexistent,
enforcement by the States, citizens and EPA would not be effective.
Emission limitations must be of sufficient quality and quantity to
ensure accountability. EPA has issued several guidance documents
explaining the requirements of practicable enforceability (e.g., June
13, 1989 Memorandum entitled, ``Guidance on Limiting Potential to Emit
in New Source Permitting, from Terrell F. Hunt, Associate Enforcement
Counsel, OECA, and John Seitz, Director, OAQPS, to EPA Regional
Offices. Further guidance was provided on January 25, 1995 in a
memorandum entitled, ``Options for Limiting the Potential to Emit (PTE)
of a Stationary Source Under Section 112 and Title V of the Clean Air
Act (Act),'' from John Seitz, Director, OAQPS and Robert I. Van
Heuvelen, Director, ORE to Regional Air Directors).
The standard of review in this instance is a determination whether
the submitted Program has sufficient practically enforceable procedures
that enable the permitting agency to determine whether a minor source
will cause or contribute to violations of applicable portions of the
NAAQS and the control strategy as required in 40 CFR 51.160. In the
Long memo, EPA expressed concerns that, among other things, the
submitted Program lacks the appropriate practically enforceable
averaging times in order to determine compliance. EPA policy expresses
a preference for short term limits, generally daily, but not to exceed
one month (January 25, 1995 memo from Kathie A. Stein, Director Air
Enforcement Division entitled ``Guidance on Practicable
Enforceability''). ARM17.8.1705 only requires the owner or operator of
a registered facility to monitor and record annual production
information, as required by MDEQ in the annual emission inventory
request. The State only requires that production information be
gathered on a calendar year basis and submitted to MDEQ by the date
required in the emission inventory request. This requirement does not
enable the permitting agency to determine whether a minor source will
cause or contribute to violations of applicable portions of the NAAQS
short term limits or PSD increments. If MDEQ envisions that some oil
and gas well facilities that emit less than 100 tons per year of
criteria air pollutants may be registration eligible, the rule must
also include provisions for short term limits to ensure that the short
term NAAQS limits and increments are met.
One of the requirements for practical enforceability is for a minor
source to provide notice to the State before construction begins
(Stein, Guidance on Enforceability Requirements for Limits Potential to
Emit through SIP and Sec. 112 Rules and General Permits). The proposed
Program allows sources to operate and emit criteria pollutants up to 60
days before submitting a registration or permit application; therefore,
there is no requirement that the State be notified before construction
begins. Therefore, neither the public, the State, nor EPA can determine
if compliance is met before construction; thus, these limitations are
not practically enforceable.
As discussed above, any Minor NSR SIP revision submittal must meet
section 110(l) of the CAA. Section 110(l) of the Act indicates that EPA
cannot approve a revision of 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 the Act. The Long memo stated that MDEQ should provide
an appropriate analysis showing that the proposed new rule will not
impact the NAAQS or PSD increments. EPA expressed concerns to MDEQ
related to the cumulative effect of numerous registration sources. For
example, the Program could allow hundreds of unrelated emission sources
to be subject to individual emission limitations, yet the submitted
Program lacks the appropriate practically enforceable averaging times
in order to determine compliance with short term NAAQS limits and PSD
increments. EPA recommended that MDEQ should perform a screening
cumulative impact analysis showing, under the worst case scenarios,
what effect oil and gas well facilities would have on the ozone,
NO2, SO2 and PM NAAQS and increments. Montana has
not performed such an analysis. Therefore, EPA lacks sufficient
available information to determine that the proposed SIP relaxation
would not interfere with any applicable requirement concerning
attainment and maintenance of the NAAQS, PSD increment, or any other
requirement of the Act.
Montana's submittal did not include modeling assumptions that will
ensure compliance with NAAQS. Examples of assumptions which should be
discussed include the estimated number of facilities expected to be
covered under the Program, as well as, their assumed locations (i.e.,
identify potentially high density locations). Montana did not
demonstrate what the cumulative impacts from numerous oil and gas
facilities operating under the Program in certain regions and statewide
would have on the NAAQS.
EPA notes that in addition to the registration program allowing for
new sources to escape the SIP permit requirements, ARM 17.8.1703 allows
an owner or operator of a registration eligible facility for which a
valid Montana Air Quality Permit (MAQP) has been issued to register
with the department and request a revocation of the previously issued
MAQP. This is a relaxation under section 110(l), because it provides an
exemption from SIP requirements not previously available to sources.
This SIP relaxation creates a risk of interference with attainment and
maintenance of the NAAQS and control strategy. EPA lacks sufficient
information to determine that this SIP relaxation would not interfere
with attainment and maintenance of the NAAQS, PSD increment, or any
other requirement of the Act.
[[Page 763]]
IV. Summary of Proposed Actions
EPA is proposing to disapprove revisions and new rules as
identified in this action and as submitted by the State of Montana on
October 16, 2006 and November 1, 2006. EPA is proposing disapproval
based upon a number of factors, including: (1) The lack of any
objective, replicable methodology in order to determine compliance, (2)
the lack of sufficient MRR requirements, and (3) the lack of
enforceability. Additionally, EPA lacks sufficient information to
determine that the requested revision to add the new oil and gas
registration program to the Montana Minor NSR SIP will not interfere
with any applicable requirement concerning attainment and reasonable
further progress (RFP) as required by CAA Section 110(l), or any other
requirement of the Act. Finally, EPA also lacks sufficient information
to make a finding that the submitted Program will ensure protection of
the NAAQS, PSD increments, and noninterference with the Montana SIP
control strategies.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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, New Source Review, Minor New Source Review,
Permitting, Incorporation by reference.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 22, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-18 Filed 1-5-11; 8:45 am]
BILLING CODE 6560-50-P