Proposed Rule2024-20997
Air Plan Approval; Montana; Missoula, Montana, Air Rule Revisions
Primary source
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Published
September 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Montana on January 30, 2024, that incorporates revisions to the Missoula, Montana City-County Air Pollution Control (MCCAPC) program rules into the Montana SIP. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 89 Issue 180 (Tuesday, September 17, 2024)</title>
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Proposed Rules]
[Pages 76013-76016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20997]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0472; FRL-12252-01-R8]
Air Plan Approval; Montana; Missoula, Montana, Air Rule Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Montana on January 30, 2024, that incorporates revisions to
the Missoula, Montana City-County Air Pollution Control (MCCAPC)
program rules into the Montana SIP. The EPA is taking this action
pursuant to the Clean Air Act (CAA).
DATES: Written comments must be received on or before October 17, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2023-0472, to the Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may publish any comment received
to its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www2.epa.gov/dockets/commenting-epa-dockets">https://www2.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: All documents in the docket are listed in the <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 electronically in
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. For this action we do not plan to offer
hard copy review of the docket. Please email or call the person listed
in the FOR FURTHER INFORMATION CONTACT section if you need to make
alternative arrangements for access to the docket.
FOR FURTHER INFORMATION CONTACT: Joseph Stein, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-7078, email address:
<a href="/cdn-cgi/l/email-protection#87f4f3e2eee9a9ede8f4e2f7efc7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="aedddacbc7c080c4c1ddcbdec6eecbdecf80c9c1d8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
On January 30, 2024, the State of Montana submitted proposed
revisions to the MCCAPC rules for incorporation into the Montana
SIP.\1\ The MCCAPC rules address open burning, industrial and household
combustors, and other activities that generate particulate matter
emissions. The submittal was signed by the governor and went through a
30-day public comment period starting on Thursday, September 7, 2023,
and ending on Monday, October 9, 2023.\2\ Montana received no requests
for public hearing and all comments received were in favor of the
revised MCCACP rules and their incorporation into the Montana SIP. In
this action, we are proposing to approve certain revisions and to take
no action on certain revisions, as described in greater detail below.
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\1\ See MDEQ Missoula Submission Receipt--01.30.24 in docket.
\2\ See Montana January 30, 2024, submittal, p. 98.
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The EPA has reviewed the revisions to Chapters 1 through 9, and
Chapters 13 and 14 of the MCCAPC rules. The bulk of the changes are
administrative in nature, including formatting and grammatical
corrections, conforming edits to create consistency across the MCCAPC,
deletions of extraneous or repetitive content, removal of outdated
references to a retired outdoor burn hotline, and similar edits.
Additionally, there are several revisions that are substantive in
nature, including new definitions for outdoor burning air pollution
control technologies, provisions for the use of such control
technologies, new limits on outdoor recreational fires, and the
extension of wood stove rules to new areas around Missoula, among
others. The EPA has determined that both the administrative and
substantive revisions are consistent with the requirements of the CAA.
These substantive revisions either have no effect on, or further
restrict, particulate matter emissions.
The EPA will not be acting on the rules submitted for revision in
MCCAPC Chapter 10: Fuels rules 10.102(1), 10.105(1), 10.109(1), 10.110,
10.111, 10.111(2). The EPA is proposing to act on the revisions in
Chapter 10 in a separate action.
II. Proposed Action
In this action, the EPA is proposing to approve the revisions to
the MCCACP rules submitted by the State of Montana on January 30, 2024,
listed below in table 1, Chapters 1 through 9 and Chapters 13 and 14.
In the table below, the key is as follows:
[[Page 76014]]
A--Approve.
N--No action.
Table 1--Summary of Revisions to the Missoula City-County Air Pollution Control Program, Proposed for Approval
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Revisions to the Missoula City-County Air Pollution Control Program (MCCAPC) \1\
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MCCAPC chapter MCCAPC rule(s): description of revision(s) EPA proposal
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Chapter 1: Program Authority and 1.105(5): Grammatical correction................. A
Administration.
Chapter 2: Definitions............... 2.101(22): Update hazardous waste definition, A
consistency with state rule.
2.101(23): Removes Flathead Reservation from
Impact Zone M definition (no MCCAC program
jurisdiction on Flathead Reservation).
2.101(49): Grammatical correction................
Chapter 3: Failure to Attain 3.101: Corrected wording......................... A
Standards.
3.103: Reference correction......................
Chapter 4: Missoula County, Air 4.104(1-4): Formatting and spelling correction... A
Stagnation and Emergency Episode 4.108(1): Grammatical correction.................
Avoidance Plan. 4.108(2)(a): Corrected wording...................
4.108(2)(d): Rule addition, requires recreational
fires to comply with Chapter 7 applicable
requirements and restrict fires in certain areas
during air alerts.
4.109(2)(d): Rule addition, requires recreational
fires to comply with Chapter 7 applicable
requirements and restrict fires in certain areas
during air warnings.
4.109(4): Formatting correction..................
4.113: Grammatical correction....................
Chapter 5: General Provisions........ 5.108(1): MCCAPC board fee change clarification.. A
5.108(2): Removes extraneous content.............
5.111(1): Adds Montana state requirements for
local air program rules into MCCAPC rules.
5.111(2): Revision to create consistency with
rule 5.111(1).
Chapter 6: Standards for Stationary 6.103(4): Revision allows for up to two, 12-month A
(Industrial) Sources. extensions on air quality permit when
construction, installation or alteration was not
completed within 36 months of initial issuance
of air quality permit.
6.107(1): Punctuation correction.................
6.505(2): Formatting correction..................
6.604: Correction for consistency with state
rules.
Chapter 7: Outdoor Burning........... 7.101(1-13): Renumbering to 7.101(3-15).......... A
7.101(1): Definition added for air curtain
burners.
7.101(2): Definition added for air curtain
destructors.
7.101(4): Removes references to outdoor burning
hotline, department outdoor burning restrictions
requirement remains.
7.101(11): Clarification that recreational fires
burning gaseous fuel are not considered outdoor
burning.
7.101(13): Punctuation correction................
7.102(1): Pronoun correction.....................
7.104(1): Removes wildland burning from year-
round activities list and updates letters for
consistency with the removal of point (a).
7.104(4): Clarification and specification when
prescribed woodland burning can be done.
7.104(5): Renumbering............................
7.105(1): Formatting correction..................
7.105(2): Removes redundant language.............
7.105(3): Replaces outdoor burning hotline as
departmental mechanism to announce burn
restrictions with the departmental website.
7.106(2)(b): Language update.....................
7.107(3)(c): Removes reference to outdoor burn
hotline.
7.107(6): Specifies process major burners may use
to conduct wildland outdoor burning, includes
requirement for written request to department in
winter months.
7.110(1)(d): Revision allows for outdoor burning
of natural vegetation generated offsite to be
granted a conditional outdoor burning permit if
burning occurs with temporary use of air curtain
burner or air curtain destructor.
7.110(2)(c): Revision allows for exception for
conditional outdoor burning permits to be issued
inside the air stagnation zone if the burning
takes place with an air curtain burner or air
curtain destructor.
7.110(6)(c): Revision specifies that permits
issued under rule for natural vegetation burning
in air curtain burner or air curtain destructor
is valid for up to one year.
7.116: Rule added to limit recreational fires
during air pollution alerts, warnings,
emergencies and crises.
Chapter 8: Fugitive Particulate...... 8.203(3)(b-c): Reference correction.............. A
8.203(3)(e): Removal of an extra word............
8.208(1): Revision allows health department to
approve alternative areas for paving the same
size and usage as an area required to be paved
by other sections of chapter 8.
Chapter 9: Solid Fuel Burning Devices 9.102(3): Defines `central heater'............... A
(Wood Burning Stoves). 9.102(6): Revision changes `EPA method'
definition to include all parts of subpart AAA
and adds 40 CFR part 60, subpart QQQQ.
[[Page 76015]]
9.102(10): Addition of Seeley Lake Wood Stove
Zone definition.
9.102(11): Addition of word `disposal' to solid
fuel burning device definition.
9.102(4-10): Renumbering.........................
9.102(12-14): Renumbering........................
9.201(1): Word addition for clarification........
9.203(1): Addition that wood pellet boilers can
be installed in air stagnation zone.
9.203(2): Spelling correction....................
9.204: Addition of rules that specifies which
solid fuel burning devices may be installed in
the Seeley Lake Wood Stove Zone.
9.205: Renumbered rule, updated for consistency
with 2015 New Source Performance Standards for
wood stoves, does not apply to new solid fuel
burning devices installed in the Missoula air
stagnation zone and, or the Seeley Lake Wood
Stove Zone.
9.205(4): Edited for clarification...............
9.206-9.212: Renumbering.........................
9.207(3): Word addition for clarification........
9.207(7): Word addition for clarification........
9.401(3): Update to list of applicable rules.....
9.501(1): Revision requires removal of solid
fuels burning devices when property is sold,
transferred or conveyed, applies to inherited
property and other changes of ownership.
9.501(2): Revision replaces word `sold' with
words `sold, transferred or conveyed', removes
grandfathering of class I wood stoves installed
between 1986 and 1994.
9.501(3-8): Deleted, form no longer required when
property is sold, transferred or conveyed in the
Missoula air stagnation zone.
9.601: Grammatical correction....................
Chapter 10: Fuels \2\................ ................................................. N
Chapter 13: Variances................ 13.104: Spelling correction...................... A
Chapter 14: Enforcement and 14.107(1): Revision specifics 15-day time limit
Administrative Procedures. for hearing request of control board if there is
a disagreement on administrative conclusion,
decision.
14.107(2): Spelling correction................... A
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\1\ See Montana January 30, 2024, submittal, pp. 145-148 for additional detail on rule revision descriptions.
\2\ The EPA will not be acting on the rules submitted for revision in MCCAPC Chapter 10: Fuels and is proposing
to act on revisions in Chapter 10 of the MCCACP rules in a separate action. See Montana January 30, 2024,
submittal, pp. 147-148 for additional detail on Chapter 10 rule revision descriptions.
III. Environmental Justice Considerations
This is a proposed action to incorporate revisions to the MCCAPC
program rules into the Montana SIP. Due to the nature of the action
being taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. At a minimum, this
action will not worsen any existing air quality and is expected to
ensure the area is meeting requirements to attain and/or maintain air
quality standards. Further, there is no information in the record
indicating that this action is expected to have disproportionately high
or adverse human health or environmental effects on a particular group
of people.
IV. Incorporation by Reference
In this document, the EPA is proposing to include regulatory text
in an EPA final rule that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the MCCAPC rules in Montana's January 30,
2024, submission; Chapters 1 through 9 and Chapters 13 and 14 into the
Montana SIP, as discussed in sections I. and II. of this preamble. The
EPA has made, and will continue to make, these materials generally
available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and at the EPA Region 8
Office (please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the CAA, 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, the EPA's role is to approve state choices,
provided they meet the criteria of the CAA. Accordingly, this action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason, this action:
<bullet> Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
[[Page 76016]]
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
<bullet> 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 CAA; and
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian Tribe has
demonstrated that a Tribe has jurisdiction. In those areas of Indian
country, the proposed rule does not have Tribal implications and will
not impose substantial direct costs on Tribal governments or preempt
Tribal law as specified by Executive Order 13175 (65 FR 67249, November
9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The Montana Department of Environmental Quality did not evaluate
environmental justice considerations as part of its SIP submittal; the
CAA and applicable implementing regulations neither prohibit nor
require such an evaluation. EPA did not perform an EJ analysis and did
not consider EJ in this action. Due to the nature of the action being
taken here, this action is expected to have a neutral to positive
impact on the air quality of the affected area. Consideration of EJ is
not required as part of this action, and there is no information in the
record inconsistent with the stated goal of E.O. 12898 of achieving
environmental justice for people of color, low-income populations, and
Indigenous peoples.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by reference, 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: September 11, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-20997 Filed 9-16-24; 8:45 am]
BILLING CODE 6560-50-P
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