Proposed Rule2024-23589
Air Plan Approval; Montana; Missoula, Montana Oxygenated Fuels Program Removal, Carbon Monoxide, Limited Maintenance Plan
Primary source
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Published
October 15, 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 Montana Department of Environmental Quality (MDEQ or "the State"), on January 30, 2024, requesting to change the status of gasoline requirements (the "oxygenated fuels" or "oxyfuels" program") in the Missoula, Montana, Carbon Monoxide (CO) limited maintenance plan (LMP) area from an active control measure to a contingency measure. The SIP revision contains a non-interference demonstration under the Clean Air Act (CAA), which concludes that converting the oxygenated gasoline program from a control measure to a contingency measure in the Missoula CO LMP would not interfere with attainment or maintenance of the CO National Ambient Air Quality Standards (NAAQS). The EPA is proposing to approve Montana's SIP submittal pursuant to CAA.
Full Text
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<title>Federal Register, Volume 89 Issue 199 (Tuesday, October 15, 2024)</title>
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[Federal Register Volume 89, Number 199 (Tuesday, October 15, 2024)]
[Proposed Rules]
[Pages 82953-82957]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23589]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0473; FRL-12257-01-R8]
Air Plan Approval; Montana; Missoula, Montana Oxygenated Fuels
Program Removal, Carbon Monoxide, Limited Maintenance Plan
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
Montana Department of Environmental Quality (MDEQ or ``the State''), on
January 30, 2024, requesting to change the status of gasoline
requirements (the ``oxygenated fuels'' or ``oxyfuels'' program'') in
the Missoula, Montana, Carbon Monoxide (CO) limited maintenance plan
(LMP) area from an active control measure to a contingency measure. The
SIP revision contains a non-interference demonstration under the Clean
Air Act (CAA), which concludes that converting the oxygenated gasoline
program from a control measure to a contingency measure in the Missoula
CO LMP would not interfere with attainment or maintenance of the CO
National Ambient Air Quality Standards (NAAQS). The EPA is proposing to
approve Montana's SIP submittal pursuant to CAA.
DATES: Written comments must be received on or before November 14,
2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2023-0473, 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, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For 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>. 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#265552434f48084c495543564e6643564708414950"><span class="__cf_email__" data-cfemail="f68582939f98d89c998593869eb6938697d8919980">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The EPA is proposing to approve a SIP revision submitted by Montana
on January 30, 2024, requesting to change the status of the oxyfuels
program in the Missoula CO LMP from an active control measure to a
contingency measure. To support the request, Montana's January 30, 2024
SIP revision contains technical support materials to demonstrate that
the removal of the rules as a control measure will not interfere with
attainment or maintenance of the CO NAAQS or with
[[Page 82954]]
any other applicable requirement of the CAA. In addition to the
technical support materials provided by Montana, the EPA has provided
supplemental technical support documentation to further demonstrate
non-interference.\1\ Specifically, these SIP revisions address State
regulations amended in the Missoula City-County Air Pollution Control
(MCCAPC) program rules, Chapter 10: Fuels, Subchapter 1: Oxygenated
Fuels Program, rules 10.102(1), 10.105(1), 10.109(1), 10.110, 10.111,
10.111(2).
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\1\ See MEMO_Missoula MOVES TSD_CO OxyFuels 110(l).docx in
docket.
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The EPA's analysis of Montana's January 30, 2024 SIP revision that
is the subject of this proposed rule is organized into two parts under
section II. of this document. Part A provides the background, analysis,
and discussion of the non-interference demonstration for the change in
status of Montana's oxyfuels program from a control measure to a
contingency measure in the federally approved Montana SIP; Part B
contains information regarding rules submitted for revision in MCCAPC
Chapter 10: Fuels, Subchapter 1: Oxygenated Fuels Program. The EPA is
proposing to act on the revisions listed in this action and will act on
the additional rule revisions listed in the January 30, 2024 SIP
revision submission in a separate action.
II. The EPA's Evaluation
A. Removal of the Oxygenated Gasoline Program as a Control Measure
1. Missoula, Montana Oxygenated Gasoline Program and CO NAAQS
Maintenance
The EPA designated Missoula, Montana, as nonattainment for CO under
the provisions of the 1977 CAA Amendments on March 3, 1978 (43 FR
8962). Under the CAA Amendments of 1990, the Missoula area was
designated as nonattainment and classified as a ``Moderate'' CO area,
with a design value of less than or equal to 12.7 parts per million
(ppm) and was required to attain the CO NAAQS by December 31, 1995 (56
FR 56694, November 6, 1991).\2\ Under section 211(m) of the CAA, states
with areas designated nonattainment for CO with certain design values
were required to submit revisions to their SIPs and implement
oxygenated gasoline programs by no later than November 1, 1992. As a
result, the State submitted such a revision, and the EPA approved an
oxygenated gasoline program for the Missoula area on November 8, 1994
(59 FR 55585). The oxygenated gasoline program applies during the high
CO season, which is generally during the colder winter months when cars
tend to have higher tailpipe CO emissions. The oxygenated gasoline
program also requires that gasoline contain at least 2.7% oxygen by
weight during the high CO season. This requirement is intended to
ensure complete gasoline combustion and thus achieve a reduction in
tailpipe CO emissions. The high CO season for the Missoula CO area was
established as November 1 through the last day of February of each
year.
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\2\ Further information regarding this classification and the
accompanying requirements are described in the ``General Preamble
for the Implementation of Title I of the Clean Air Act Amendments of
1990.'' See 57 FR 13498, April 16, 1992.
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The CAA established an attainment date of December 31, 1995, for
all Moderate CO areas, including the Missoula, Montana, area,
triggering CAA section 211(m) requirements. CAA section 107(d)(3)(E)
sets out the requirements that an area must meet to be redesignated
from nonattainment to attainment, including that the area must have a
fully approved maintenance plan pursuant to section 175A of the CAA. A
maintenance plan, as defined in section 175A(a) of the CAA, is a
revision to the SIP to provide for the maintenance of the NAAQS for the
air pollutant in question in the area concerned for at least 10 years
after the redesignation. CAA section 175A(d) requires that such plans
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after redesignation of an area; this
includes implementation of all control measures that were contained in
the SIP prior to redesignation. While CAA section 175A sets forth the
criteria for adequate maintenance plans,\3\ the EPA has also published
longstanding guidance providing clarification for states on developing
maintenance plans by performing air quality modeling to demonstrate
that the future mix of sources and emission rates will not cause a
violation of the NAAQS or by showing that projected future emission
reductions of a pollutant and its precursors will not exceed the level
of emissions during a year when the area was in attainment of the
NAAQS.\4\
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\3\ See 42 U.S.C. 7505A(a).
\4\ See Memorandum from John Calcagni, Director, Air Quality
Management Division, EPA Office of Air Quality Planning and
Standards, ``Procedures for Processing requests to Redesignate Areas
to Attainment,'' September 4, 1992 (Calcagni Memo).
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On May 27, 2005, the Governor of Montana submitted to the EPA a
request to redesignate the Missoula CO nonattainment area to attainment
for the 8-hour CO NAAQS. Along with this request, the Governor
submitted a CAA section 175A(a) maintenance plan which established an
attainment year of 2000, and demonstrated that the area would maintain
the 8-hour CO NAAQS through 2020. The EPA approved the State's
redesignation request, CAA section 175A(a) maintenance plan, and base
year emissions inventory on August 17, 2007 (72 FR 46158).
Eight years after an area is redesignated to attainment, CAA
section 175A(b) requires the state to submit a subsequent maintenance
plan to the EPA, covering a second 10-year period. This second 10-year
maintenance plan must demonstrate continued maintenance of the
applicable NAAQS during this second 10-year period. The EPA explained
in the October 6, 1995 Limited Maintenance Plan Option for
Nonclassifiable CO Nonattainment Areas guidance memo that nonattainment
and maintenance areas could meet CAA section 175A requirements to
demonstrate continued maintenance by showing that an area has a design
value of less than 85 percent of the 8-hour CO standard (7.65 ppm)
based on the two most recent years of data for all CO monitors in the
maintenance area.\5\ This streamlined demonstration of maintenance is
known as a limited maintenance plan. To fulfill this CAA requirement,
the Governor of Montana submitted the second 10-year CO maintenance
plan to the EPA on September 19, 2016. In this submission, the State
utilized the EPA's option of using an LMP to demonstrate continued
attainment and maintenance of the NAAQS, which was available because
the area could demonstrate design values at or below 7.65 ppm (85% of
exceedance levels of the 8-hour CO NAAQS) for eight consecutive
quarters.\6\ The EPA approved the second 10-year Montana CO LMP on
February 1, 2018 (83 FR 4597).\7\ The second 10-year CO LMP included
the continued use of the oxygenated gasoline program for the Missoula
area as a control measure.
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\5\ Memorandum from Joseph Paisie, Group Leader, EPA Integrated
Policy and Strategies Group, to Air Branch Chiefs, October 6, 1995.
\6\ Id.
\7\ See September 14, 2017 direct final rule (DFR) and proposal
(82 FR 43180, 82 FR 43208) for additional detail on the second, 10-
year CO LMP for Missoula, Montana, area.
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2. CAA Requirements for the Removal of the Oxygenated Gasoline Program
as a Control Measure in Missoula, Montana
As noted above, the oxyfuels program is included as a control
measure in the State's second 10-year CO LMP for the Missoula area
pursuant to the requirements of CAA section 175A(d). Montana's January
30, 2024, SIP
[[Page 82955]]
revision seeks to change the status of Missoula's oxygenated gasoline
program from a control measure to a contingency measure in the Montana
SIP.
Under CAA section 211(m)(6) once a nonattainment area subsequently
attains the CO NAAQS, oxygenated gasoline requirements may be removed
as a control measure, as long as it is: (1) demonstrated that it is not
needed for maintaining the health-based CO NAAQS in that area and (2)
it is retained as a contingency measure. As relevant here, CAA section
211(m)(6) provides: ``Nothing in this subsection shall be interpreted
as requiring an oxygenated gasoline program in an area which is in
attainment for carbon monoxide.'' Thus, the Agency determines that a CO
nonattainment area is attaining the CO NAAQS, the State would be
allowed to submit a SIP revision to remove the oxygenated gasoline
program as a control measure so long as the area continues to maintain
the CO NAAQS. However, the control measure must be retained as a
contingency measure because it is contained in the SIP for the area
before redesignation of the area as an attainment area.\8\
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\8\ See CAA section 175A(d).
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CAA section 110(l) requires that a revision to the SIP not
interfere with any applicable requirement concerning attainment and
Reasonable Further Progress (RFP) (as defined in CAA section 171), or
any other applicable requirement of the Act. The EPA's criterion for
determining the approvability of Montana's January 30, 2024, SIP
revision is whether the non-interference demonstration associated with
the removal of the oxyfuels program for the Missoula area satisfies CAA
section 110(l).
The EPA evaluates each CAA section 110(l) non-interference
demonstration on a case-by-case basis considering the circumstances of
each SIP revision. The degree of analysis focused on any NAAQS in a
non-interference demonstration varies depending on the nature of the
emissions associated with the proposed SIP revision. Regarding the SIP
revision at issue, the primary focus of the 110(l) demonstration is the
potential increase in CO emissions that could result from the change in
status of the oxyfuels program in the Missoula CO LMP area from control
measure to contingency measure. The oxyfuels program only applied in
the area during its high CO season, November 1 through the last day of
February of each year. Effects on vehicle emissions of other criteria
pollutants or their precursors caused by implementation of an oxyfuels
program are considerably less significant and thus the EPA's approval
of the SIP revision would not be expected to result in interference for
the purposes of a 110(l) demonstration. The EPA's analysis of Montana's
January 30, 2024 SIP revision pursuant to CAA section 110(l) is
provided below.
3. EPA's Analysis of Missoula, Montana's, Noninterference Demonstration
The EPA analyzed emissions information to determine whether
changing the oxyfuels program in the Missoula CO LMP area from a
control measure to a contingency measure would interfere with the
attainment of the NAAQS. An emissions-based analysis is appropriate in
these circumstances because the proposed revision, the removal of the
Missoula oxyfuels program, effects only carbon monoxide emissions and
leaves other air quality variables unchanged.\9\ As a result, the EPA
is able to conduct a focused assessment of the specific relationship
between the limited revision to the SIP and NAAQS attainment.
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\9\ See Ctr. for Biological Diversity v. United States EPA, 75
F.4th 174, 180-181 (3rd Cir. 2024).
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To determine whether removal of the Missoula oxyfuels program would
interfere with Missoula's maintenance of the CO NAAQS, the EPA reviewed
whether removal of the oxyfuels program would lead to significant
increases in onroad vehicle CO emissions over the 2010 vehicle
emissions associated with the lowest CO ambient air design value
documented in the approved Missoula LMP. Missoula ceased ambient CO
monitoring in the maintenance area on March 31, 2011, due to low
concentrations of CO (82 FR 43180). The latest complete design value
for CO in Missoula between 2003-2011 was 2.2 ppm, significantly below
the NAAQS of 9 ppm. The 2.2 ppm design value is also significantly
below the 7.65 ppm threshold for eligibility for a CO limited
maintenance plan.
The EPA evaluated CO emissions estimates from onroad mobile
sources, the primary source of CO in the Missoula area, using estimates
drawn from two different models. The estimated 2010 winter weekday
onroad mobile source CO emissions using the MOVES3 model is 23.55 tons
per day and the estimated 2010 winter weekday onroad mobile source CO
emissions using the older MOVES2014 model is 30.21 tons per day. The
emission estimates provided by the State of Montana in its 2016 LMP
request, as approved by the EPA, and as found in Missoula's supporting
documentation for the 110(l) demonstration are included in the docket
for this proposed action. Emission estimates created by the EPA with
the newer MOVES3 model, using data provided by Missoula and the State
of Montana, are also provided in the docket for this action.
The difference in modeled emissions between the MOVES2014 and
MOVES3 analyses of the 2010 emissions inventory input data is notable
for reasons described in our Technical Support Document (TSD) for this
action. The lower MOVES3 estimate of 2010 mobile source CO emissions is
believed to be attributable to improvements in the accuracy of the
model's vehicle activity assumptions and emission rates with each
subsequent model release version. Since SIP revisions are required to
be based on the latest modeling assumptions available at the time of
the revision, we will hereinafter only rely on the MOVES3 estimates of
2010 onroad mobile source CO emissions in our analysis of Missoula's
non-interference demonstration. MOVES3 was the latest model version
available at the time Missoula was drafting the final 110(l)
demonstration associated with this proposed action.
Missoula also provided winter weekday onroad mobile source MOVES3
CO emissions estimates for the years 2019, 2030 and 2040. Emission
estimates for these years, with and without the oxyfuels program in
place, are provided in the TSD for this action, with the 2010 emissions
estimate provided for reference and comparison.
The monitored ambient level of CO in the attainment area in 2010
(the last time period with ambient air monitoring data available) was
well below the CO NAAQS and modeled CO emissions are projected to be
trending downward during the 2019 to 2040 time period even without an
active oxyfuels program. The EPA finds that the removal of the program
will cause only a transitory, insignificant increase in CO emissions
and that removal of the program will not impact the area's ability to
maintain the NAAQS.
Additionally, it does not appear likely that the ambient air
concentration of CO in the Missoula LMP could exceed the 85% of the
NAAQS qualification threshold for an LMP area. The 2010 emissions
inventory available in the second ten-year LMP identified on-road
mobile source CO emissions as 71% of all designated area emissions of
CO. The EPA's revision of estimated 2010 emissions using MOVES3 lowers
the mobile source contribution to total CO emissions to around 65%. In
both cases, onroad mobile sources can be
[[Page 82956]]
considered the major driver of ambient air CO concentrations observed
in 2010. However, even in a conservative, hypothetical case where
onroad mobile sources generate 100% of the CO emissions and all
contributions to the last observed CO concentration value, the small
increase in CO emissions resulting from the removal of the oxyfuels
program is not projected to endanger maintenance of the NAAQS. The EPA
review of the most recently certified 2021-2022 CO design values
throughout the 50 states shows a maximum valid design value of 4.2
ppm.\10\ This is reflective of a significant downward trend in CO
values throughout the country in recent decades as more stringent
vehicle standards and new emission control technologies have greatly
decreased the levels of CO.\11\ Highway vehicle emissions of CO have
decreased by over 40% nationwide over the last decade while there has
been a national increase in vehicle miles travelled of nearly 8% over
the same period.<SUP>12 13</SUP>
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\10\ See <a href="https://www.epa.gov/air-trends/air-quality-design-values">https://www.epa.gov/air-trends/air-quality-design-values</a>.
\11\ See <a href="https://www.epa.gov/air-trends/carbon-monoxide-trends">https://www.epa.gov/air-trends/carbon-monoxide-trends</a>.
\12\ U.S. Environmental Protection Agency, Air Emissions
Inventories, Air Pollutant Emissions Trends Data, National Tier 1
CAPS Trends, available at <a href="https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data">https://www.epa.gov/air-emissions-inventories/air-pollutant-emissions-trends-data</a> as of Sept. 20,
2023.
\13\ U.S. Department of Transportation, Federal Highway
Administration, Highway Statistics (Washington, DC: Annual Issues),
table VM-202, available at <a href="https://www.fhwa.dot.gov/policyinformation/statistics.cfm">https://www.fhwa.dot.gov/policyinformation/statistics.cfm</a> as of Aug. 4, 2023.
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Based on this information and analysis, the EPA concludes that
removal of the oxygenated fuels program from a control measure to a
contingency measure in the Missoula, MT, CO LMP will not interfere with
the NAAQS. Thus, the EPA proposes to approve the conversion of the
oxygenated gasoline program from a control measure to a contingency
measure in the Missoula, MT, CO LMP.
B. Rules Submitted for Revision
Montana's January 30, 2024, SIP submission includes proposed rule
revisions in the MCCAPC program, in Chapter 10: Fuels, Subchapter 1:
Oxygenated Fuels Program, specifically:
Rule 10.102(1): Revised to correct a clerical error.
Rule 10.105(1): Revised to correct a spelling error.
Rule 10.109(1): Revised to remove the requirement to annually
sample 20% of all regulated gasoline storage tanks and gasoline
blending facilities for the oxyfuel program.
Rule 10.110: Added to specify that the oxygenated fuels program
ceases when authorization to end the program is received by the county.
Rule 10.111: Revision to renumber the rule.
Rule 10.111(2): Added to update the federally required contingency
measures.
The EPA is proposing to act on the revisions listed in this action
and will act on the additional rule revisions listed in the January 30,
2024, SIP revision submission in a separate action.
III. Environmental Justice Considerations
This is a proposed action to change the status of the oxyfuels
requirement in the Missoula CO LMP from an active control measure to a
contingency measure. Information on CO and its relationship to negative
health impacts can be found at 36 FR 8186, April 30, 1971. We expect
that this action will have neutral environmental and health impacts on
all populations in Missoula, Montana, including people of color and
low-income populations. At a minimum, this action would not worsen
existing air quality and is expected to ensure the area is meeting
requirements to attain and/or maintain NAAQS. 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. Proposed Action
For the reasons explained above, the EPA is proposing to approve
Montana's January 30, 2024 SIP revisions seeking to revise various air
quality rules and to remove the oxygenated gasoline program from
Montana's SIP. The EPA has the authority to approve removal of a
state's oxygenated gasoline program as specified in CAA section
211(m)(6) and has determined that the criteria of CAA section 211(m)(6)
have been satisfied. The EPA is proposing to agree with Montana's
technical demonstration that removal of the program from the SIP will
not interfere with continued attainment or maintenance of any
applicable NAAQS or with any other applicable requirement of the CAA,
and that the requirements of CAA section 110(l) have been satisfied.
Specifically, the EPA is proposing to revise the MCCAPC oxyfuels
program rules, Chapter 10: Fuels, Subchapter 1: Oxygenated Fuels
Program, rules 10.102(1), 10.105(1), 10.109(1), 10.110, 10.111,
10.111(2) as submitted in the Montana January 30, 2024, submission.
V. 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 oxyfuels program rules, Chapter 10:
Fuels, Subchapter 1: Oxygenated Fuels Program, rules 10.102(1),
10.105(1), 10.109(1), 10.110, 10.111, 10.111(2) described in sections
II. and IV. 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).
VI. 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 that 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);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
[[Page 82957]]
<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 (MDEQ) did not evaluate EJ
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 neutral impacts 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 EJ 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 19, 2024.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2024-23589 Filed 10-11-24; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 15, 2024.
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