Rule2025-00220
Revisions to the Federal Implementation Plan for the Billings/Laurel, Montana, Sulfur Dioxide Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2025
Effective
February 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is revising a Federal Implementation Plan (FIP) applicable to sulfur dioxide (SO<INF>2</INF>) emissions from four sources located in Billings and Laurel, Montana. Specifically, the EPA is revising a portion of the FIP promulgated by the EPA in 2008 (2008 Billings/Laurel SO<INF>2</INF> FIP) by removing a provision which contained an affirmative defense for exceedances of flare emission limits during malfunctions, startups, and shutdowns. The EPA is taking this action pursuant to the Clean Air Act (CAA).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5695-5697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00220]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0587; FRL-11571-02-R8]
Revisions to the Federal Implementation Plan for the Billings/
Laurel, Montana, Sulfur Dioxide Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is revising a
Federal Implementation Plan (FIP) applicable to sulfur dioxide
(SO<INF>2</INF>) emissions from four sources located in Billings and
Laurel, Montana. Specifically, the EPA is revising a portion of the FIP
promulgated by the EPA in 2008 (2008 Billings/Laurel SO<INF>2</INF>
FIP) by removing a provision which contained an affirmative defense for
exceedances of flare emission limits during malfunctions, startups, and
shutdowns. The EPA is taking this action pursuant to the Clean Air Act
(CAA).
DATES: This rule is effective on February 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2023-0587. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Adam Clark, Air and Radiation
Division, EPA, Region 8, Mail code 8ARD-IO, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129, telephone number: (303) 312-7104, email
address: <a href="/cdn-cgi/l/email-protection#8ae9e6ebf8e1a4ebeeebe7caeffaeba4ede5fc"><span class="__cf_email__" data-cfemail="e7848b86958cc98683868aa7829786c9808891">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
The background for this action is discussed in detail in our
October 15, 2024, proposal (89 FR 82948). In that document we proposed
to revise the 2008 Billings/Laurel SO<INF>2</INF> FIP by removing the
portion of the FIP found at 40 CFR 52.1392(i), titled ``Affirmative
defense provisions for exceedances of flare emission limits during
malfunctions, startups, and shutdowns.'' We received one comment on
this proposal.
II. Response to Comments
Comment: The EPA received one comment on this proposal from an
individual commenter. The commenter expressed support for the EPA's
proposed action, noting the harms of SO<INF>2</INF> pollution and the
importance of protecting the communities near impacted sources.
Response: The EPA acknowledges this supportive comment.
III. Final Action
The EPA is revising the 2008 Billings/Laurel SO<INF>2</INF> FIP by
removing section 52.1392(i) and all of the provisions therein,
including paragraphs sections 52.1392 (i)(1)-(3).
IV. Environmental Justice Considerations
The 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.'' \1\ The 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.'' \2\ Recognizing the
importance of these considerations to local communities, the EPA
conducted an EJ screening analysis around the location of the
facilities associated with this action to evaluate environmental and
demographic indicators for the areas impacted by this final action.
However, the EPA is providing the information associated with this
analysis for informational purposes only. The information provided
herein is not a basis of this action.
---------------------------------------------------------------------------
\1\ See <a href="https://www.epa.gov/environmentaljustice/learn-about-environmental-justice">https://www.epa.gov/environmentaljustice/learn-about-environmental-justice</a>.
\2\ Id.
---------------------------------------------------------------------------
The EPA conducted the screening analyses using EJScreen, an EJ
mapping and screening tool that provides the EPA with a nationally
consistent dataset and approach for combining various environmental and
demographic
[[Page 5696]]
indicators.\3\ The EJScreen tool presents these indicators at a census
block group (CBG) level or a larger user-specified ``buffer'' area that
covers multiple CBGs.\4\ An individual CBG is a cluster of contiguous
blocks within the same census tract and generally contains between 600
and 3,000 people. EJScreen is not a tool for performing in-depth risk
analysis, but is instead a screening tool that provides an initial
representation of indicators related to EJ and is subject to
uncertainty in some underlying data (e.g., some environmental
indicators are based on monitoring data which are not uniformly
available; others are based on self-reported data).\5\ For
informational purposes, we have summarized EJScreen data within larger
``buffer'' areas covering multiple block groups and representing the
average resident within the buffer areas surrounding the facilities.
EJScreen environmental indicators help screen for locations where
residents may experience a higher overall pollution burden than would
be expected for a block group with the same total population in the
U.S. These indicators of overall pollution burden include estimates of
ambient particulate matter (PM<INF>2.5</INF>) and ozone concentration,
a score for traffic proximity and volume, percentage of pre-1960
housing units (lead paint indicator), and scores for proximity to
Superfund sites, risk management plan (RMP) sites, and hazardous waste
facilities.\6\ EJScreen also provides information on demographic
indicators, including percent of low-income, communities of color,
linguistic isolation, and less than high school education.
---------------------------------------------------------------------------
\3\ The EJSCREEN tool is available at <a href="https://www.epa.gov/ejscreen">https://www.epa.gov/ejscreen</a>.
\4\ See <a href="https://www.census.gov/programs-surveys/geography/about/glossary.html">https://www.census.gov/programs-surveys/geography/about/glossary.html</a>.
\5\ In addition, EJSCREEN relies on the five-year block group
estimates from the U.S. Census American Community Survey. The
advantage of using five-year over single-year estimates is increased
statistical reliability of the data (i.e., lower sampling error),
particularly for small geographic areas and population groups. For
more information, see <a href="https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf">https://www.census.gov/content/dam/Census/library/publications/2020/acs/acs_general_handbook_2020.pdf</a>.
\6\ For additional information on environmental indicators and
proximity scores in EJSCREEN, see ``EJSCREEN Environmental Justice
Mapping and Screening Tool: EJSCREEN Technical Documentation,''
chapter 3 and appendix C (September 2019) at <a href="https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf">https://www.epa.gov/sites/default/files/2021-04/documents/ejscreen_technical_document.pdf</a>.
---------------------------------------------------------------------------
The EPA prepared EJScreen reports covering buffer areas of
approximately five kilometers around the four facilities subject to the
2008 Billings/Laurel SO<INF>2</INF> FIP. From those reports, no
facilities showed EJ indices greater than the 80th national
percentiles.\7\ The full, detailed EJScreen reports are provided in the
docket for this rulemaking.
---------------------------------------------------------------------------
\7\ For a place at the 80th percentile nationwide, that means 20
percent of the U.S. population has a higher value. The EPA
identified the 80th percentile filter as an initial starting point
for interpreting EJScreen results. The use of an initial filter
promotes consistency for the EPA's programs and regions when
interpreting screening results.
---------------------------------------------------------------------------
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866, as
amended by Executive Order 14094, as it is not a rule of general
applicability. This action specifically applies to 4 facilities in the
State of Montana.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (PRA), because it revises
the reporting requirements for 4 facilities in the State of Montana.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities as no small
entities are subject to the requirements of this rule.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any State, local, or Tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will 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.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175, because this rule would not apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that the Tribe has jurisdiction, and it will not
impose substantial direct costs on Tribal governments or preempt Tribal
law. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997). The EPA interprets Executive Order 13045 as applying
only to those regulatory actions that concern environmental health or
safety risks that the EPA has reason to believe may disproportionately
affect children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. This action is not subject to
Executive Order 13045 because it merely removes a provision from the
2008 Billings/Laurel SO<INF>2</INF> FIP that is inconsistent with the
requirements of the CAA.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
The EPA believes that it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
action result in disproportionate and adverse effects on communities
with environmental justice concerns. While the EPA has identified the
sources that would be impacted by this action, the EPA cannot quantify
the baseline conditions and impacts the affirmative defense provisions
have had on these sources, nor can we project potential emissions
impacts from these sources as a result of this action. However, the EPA
expects that this action is expected to have a neutral to positive
impact on the air quality of the affected area.
[[Page 5697]]
K. Determination Under Section 307(d)
Pursuant to CAA section 307(d)(1)(B), this action is subject to the
requirements of CAA section 307(d), as it promulgates a FIP under CAA
section 110(c).
L. Congressional Review Act (CRA)
This rule is exempt from the CRA because it is a rule of particular
applicability.
M. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 18, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review, does
not extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See CAA section 307(b)(2).
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.
Jane Nishida,
Acting Administrator.
For the reasons stated in the preamble, the Environmental
Protection Agency is amending 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart BB--Montana
Sec. 52.1392 [Amended]
0
2. In Sec. 52.1392, remove and reserve paragraph (i).
[FR Doc. 2025-00220 Filed 1-16-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 17, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.