Rule2025-00380
Air Plan Approval; Montana; Missoula, Montana Oxygenated Fuels Program Removal, Carbon Monoxide, Limited Maintenance Plan
Primary source
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Published
January 16, 2025
Effective
February 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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) from 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 Standard (NAAQS). The EPA is finalizing approval of Montana's SIP submittal pursuant the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4655-4658]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00380]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2023-0473; FRL-12257-02-R8]
Air Plan Approval; Montana; Missoula, Montana Oxygenated Fuels
Program Removal, Carbon Monoxide, Limited Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving 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) from 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 Standard (NAAQS). The EPA is finalizing approval of
Montana's SIP submittal pursuant the 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-2023-0473. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. 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, 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="http://www.regulations.gov">http://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: Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street,
[[Page 4656]]
Denver, Colorado 80202-1129, (303) 312-6103, <a href="/cdn-cgi/l/email-protection#7102181f16195f101c03180510311401105f161e07"><span class="__cf_email__" data-cfemail="bdced4d3dad593dcd0cfd4c9dcfdd8cddc93dad2cb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
October 15, 2024, proposal (89 FR 82953). In that document we proposed
to approve a SIP revision submitted by Montana on January 30, 2024. The
submission included a request to change the status of the oxyfuels
program in Missoula CO LMP from an active control measure to a
contingency measure, as well as several ministerial and conforming
changes to the related State regulations. To support the request,
Montana's January 30, 2024 SIP revision contains technical support
materials to demonstrate the removal of the rules as control measures
will not interfere with attainment or maintenance of the CO NAAQS or
with any other applicable requirement of the CAA. Specifically, the SIP
revision addresses 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). In our proposed rulemaking, the
EPA's analysis of Montana's January 30, 2024 SIP revision was organized
into two parts under section II of this preamble. Part A provided the
background, analysis, and discussion of 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 contained information regarding the rules submitted for revision
in the MCCAPC Chapter 10: Fuels, Subchapter 1: Oxygenated Fuels
Program. The EPA is finalizing to act on the revision listed in the
action.
We received one comment on the proposed rulemaking. Our response to
the comment is found below.
II. Response to Comments
Comment: The commenter stated that they are in favor of the
proposed rulemaking and believe it will help reduce pollution by
reducing reliance on carbon-based fuels. The commenter also expressed
that this rule would move society toward a greener future and reduce
the influence of oil companies.
Response: We appreciate the commenter's support for the proposed
rulemaking. However, the comment is outside the scope of this action,
as this rulemaking is limited to approving a SIP revision reclassifying
the oxygenated gasoline program in the Missoula CO LMP from a control
measure to a contingency measure.
III. Final Action
For the reasons explained in our proposal, the EPA is finalizing
its approval of Montana's January 30, 2024 SIP revision seeking to
revise various air quality rules and to remove the oxygenated gasoline
program from Montana's SIP as a control measure and make it a
contingency measure instead. 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) has been satisfied. The EPA has determined that Montana has
demonstrated that removal of the oxygenated fuels 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. As
a result, the EPA is finalizing its approval of the changes to 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 by Montana on January 30, 2024.
IV. Incorporation by Reference
In this document, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the
revised 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(12). These rules revise various air quality
regulations by correcting spelling and other clerical errors and remove
the oxygenated gasoline program from Montana's SIP. The EPA is
finalizing the incorporation by reference of the regulations described
in the amendments to 40 CFR part 52 set forth below. The EPA has made,
and will continue to make, these materials generally available through
<a href="http://www.regulations.gov">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). Therefore, these materials have
been approved by the EPA for inclusion in the SIP, have been
incorporated by reference by the EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of the EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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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, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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:
<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, 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);
<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 rule does not have
[[Page 4657]]
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 MDEQ did not
evaluate EJ considerations as part of its SIP submittal; the CAA and
the 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 people.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 17, 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 nor does it 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 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.
Dated: January 2, 2025.
KC Becker,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, the EPA amends 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
0
2. In Sec. 52.1370, the table in paragraph (c) under
(c)(2)(iv)(``Missoula County''), is amended by:
0
a. Revising the table entries for ``10.102,''10.105,'' 10.109,'' and
``10.110;''
0
b. Adding in numerical order the table entry for ``10.111''.
The revisions and addition read as follows:
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
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State
State citation Rule title effective EPA final Final rule Comments
date rule date citation
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* * * * * * *
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(2) County Specific
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* * * * * * *
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(iv) Missoula County
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* * * * * * *
10.102.................. Definitions....... 1/16/2024 1/16/2025 [insert first page
of Federal
Register
citation].
* * * * * * *
10.105.................. Oxygenate Blending 1/16/2024 1/16/2025 [insert first page
Facility of Federal
Requirements. Register
citation].
* * * * * * *
10.109.................. Registration Fees. 1/16/2024 1/16/2025 [insert first page
of Federal
Register
citation].
[[Page 4658]]
10.110.................. When Authorized by 1/16/2024 1/16/2025 [insert first page ....................
the Federal of Federal
Government--Cessa Register
tion of citation].
Oxygenated Fuels
Program.
10.111.................. Contingency 1/16/2024 1/16/2025 [insert first page
Measure. of Federal
Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2025-00380 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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