Proposed Rule2025-13341
Air Quality State Implementation Plans; Approval and Promulgations: Montana: Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards
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
July 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve elements of a state implementation plan (SIP) submission from Montana regarding the infrastructure requirements of the Clean Air Act (CAA) for the 2015 ozone National Ambient Air Quality Standards (NAAQS). The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA. Additionally, EPA is proposing to approve Montana's request to update their SIP, to incorporate the most current version of the "Guideline on Air Quality Models." The EPA is taking this action pursuant to the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 134 (Wednesday, July 16, 2025)</title>
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[Federal Register Volume 90, Number 134 (Wednesday, July 16, 2025)]
[Proposed Rules]
[Pages 31911-31918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13341]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0418; FRL-12875-01-R8]
Air Quality State Implementation Plans; Approval and
Promulgations: Montana: Infrastructure Requirements for the 2015 Ozone
National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve elements of a state implementation plan (SIP) submission from
Montana regarding the infrastructure requirements of the Clean Air Act
(CAA) for the 2015 ozone National Ambient Air Quality Standards
(NAAQS). The infrastructure requirements are designed to ensure that
the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. Additionally, EPA is proposing to approve Montana's request to
update their SIP, to incorporate the most current version of the
``Guideline on Air Quality Models.'' The EPA is taking this action
pursuant to the CAA.
DATES: Written comments must be received on or before August 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2019-0418 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
[[Page 31912]]
<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: Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, telephone number: (303) 312-6103, email address:
<a href="/cdn-cgi/l/email-protection#87f4eee9e0efa9e6eaf5eef3e6c7e2f7e6a9e0e8f1"><span class="__cf_email__" data-cfemail="2a5943444d42044b4758435e4b6a4f5a4b044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What is the background of this SIP submission?
II. What infrastructure elements are required under section
110(a)(1) and (2)?
III. EPA's Analysis of This SIP Submission
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is the background of this SIP submission?
Whenever EPA promulgates a new or revised NAAQS, CAA section
110(a)(1) requires states to make SIP submissions to provide for the
implementation, maintenance, and enforcement of the NAAQS. This type of
SIP submission is commonly referred to as an ``infrastructure SIP.''
These submissions must meet the various requirements of CAA section
110(a)(2), as applicable. EPA has previously provided states with
direction \1\ on the application of these CAA provisions and through
regional actions on infrastructure submissions. Unless otherwise noted
below, we are following that existing approach in acting on this
submission. In addition, in the context of acting on such
infrastructure submissions, EPA evaluates the submitting state's SIP
for factual compliance with statutory and regulatory requirements, not
for the state's implementation of its SIP. EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
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\1\ Available at: <a href="https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf">https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf</a>. Hereinafter referred to as the ``EPA 2013 Guidance.''
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The Montana Department of Environmental Quality (MDEQ) submitted
the following revisions to its infrastructure SIP (ISIP):
<bullet> 2015 Ozone ISIP submitted on October 1, 2018, and
<bullet> Revisions to appendix W submitted on December 28, 2022.
II. What infrastructure elements are required under section 110(a)(1)
and (2)?
CAA section 110(a)(1) provides the procedural and timing
requirements for SIP submissions after a new or revised NAAQS is
promulgated. Section 110(a)(2) lists specific elements the SIP must
contain or satisfy. These infrastructure elements include requirements
such as modeling, monitoring, and emission inventories, which are
designed to ensure attainment and maintenance of the NAAQS. The
elements that are subject to this action are listed below:
<bullet> Section 110(a)(2)(A): Emission limits and other control
measures.
<bullet> Section 110(a)(2)(B): Ambient air quality monitoring/data
system.
<bullet> Section 110(a)(2)(C): Program for enforcement of control
measures/minor new source review (NSR)/prevention of significant
deterioration (PSD).
<bullet> Section 110(a)(2)(D): Interstate transport.
<bullet> Section 110(a)(2)(E): Adequate resources and authority,
conflict of interest, and oversight of local governments and regional
agencies.
<bullet> Section 110(a)(2)(F): Stationary source monitoring and
reporting.
<bullet> Section 110(a)(2)(G): Emergency powers.
<bullet> Section 110(a)(2)(H): Future SIP revisions.
<bullet> Section 110(a)(2)(I): Plan revisions for nonattainment
areas (under part D);
<bullet> Section 110(a)(2)(J): Consultation with government
officials; public notification; and PSD and visibility protection.
<bullet> Section 110(a)(2)(K): Air quality modeling/data.
<bullet> Section 110(a)(2)(L): Permitting fees.
<bullet> Section 110(a)(2)(M): Consultation/participation by
affected local entities.
III. EPA's Analysis of This SIP Submission
Montana provided a detailed synopsis of how various components of
its SIP meet each of the applicable requirements in section 110(a)(2)
for the 2015 ozone NAAQS. The following review evaluates the SIP's
submission.
Section 110(a)(2)(A)--Emission Limits and Other Control Measures
This section requires SIPs to include enforceable emission limits
and other control measures, means or techniques, schedules for
compliance, and other related matters. EPA has long interpreted
emission limits and control measures for attaining the standards as
being due when nonattainment planning requirements are due.\2\ In the
context of an infrastructure SIP, EPA is not evaluating the existing
SIP provisions for this purpose. Instead, EPA is only evaluating
whether the State's SIP has basic structural provisions for the
implementation of the NAAQS.
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\2\ See, e.g., EPA's final rule on ``National Ambient Air
Quality Standards for Lead.'' 73 FR 66964 at 67034.
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The Montana Code Annotated (MCA) 75-2-112 gives MDEQ the authority
to ``adopt, amend, and repeal rules for the administration,
implementation, and enforcement of this chapter.
Montana implements a statewide program for permitting major and
minor stationary sources of air pollution, including sources of ozone
precursors. Specific control measures adopted in Montana Board of
Environmental Review (BER) Orders, along with multiple SIP-approved
state air quality regulations within the Administrative Rules of
Montana (ARM) and cited in Montana's certifications, provide
enforceable emission limitations and other control measures, means of
techniques, schedules for compliance, and other related matters
necessary to meet the requirements of CAA section 110(a)(2)(A) for the
2015 ozone NAAQS. Montana's certifications generally list provisions
and enforceable control measures within its SIP which regulate
pollutants through various programs, including its stationary
permitting program which requires sources to demonstrate that emissions
will not cause or contribute to violation of any NAAQS (ARM 17.8.749).
In the case of Montana, this meets the requirements of section
110(a)(2)(A) for the 2015 ozone NAAQS.
Section 110(a)(2)(B)--Ambient Air Quality Monitoring/Data System
This section requires SIPs to provide for establishing and
operating ambient air quality monitors, collecting, and analyzing
ambient air quality data, and upon request, to make these data
available to EPA. Submission of annual monitoring network plans (AMNP)
consistent with EPA's ambient air monitoring regulations at 40 CFR
58.10 is one way of satisfying requirements to
[[Page 31913]]
provide EPA information regarding air quality monitoring activities.\3\
EPA's review of a state's annual monitoring plan includes EPA's
determination that the state: (i) monitors air quality at appropriate
locations throughout the state using EPA-approved Federal Reference
Methods or Federal Equivalent Method monitors; (ii) submits data to
EPA's Air Quality System in a timely manner; and, (iii) provides EPA
Regional offices with prior notification of any planned changes to
monitoring sites or the network plan.
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\3\ EPA 2013 Guidance.
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A comprehensive AMNP, was submitted to EPA by Montana on July 1,
2018, and subsequently approved by the EPA.\4\ Montana's SIP-approved
regulations provide for the design and operation of its monitoring
network, reporting of data obtained from the monitors, and annual
network review including notification to the EPA of any changes, and
public notification of exceedance of NAAQS. As described in the
submission, Montana operates a comprehensive monitoring network,
including ozone monitoring, compiles and analyzes collected data, and
submits the data to the EPA's Air Quality System on a quarterly basis.
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\4\ The July 1st, 2018 AMNP is referenced in this action because
it reflects the version available and under consideration at the
time of the October 1, 2018 SIP submittal by the State of Montana.
Accordingly, EPA's evaluation is based on the information contained
in the 2018 plan, which is included in this docket for this action.
See ``Montana AMNP Approval 2018''. EPA has reviewed and approved
subsequent AMNP's submitted by the State of Montana in the years
since 2018.
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Based on this information, we are proposing to approve the Montana
SIP as meeting the requirements of CAA section 110(a)(2)(B) for the
2015 ozone NAAQS.
Section 110(a)(2)(C)--Program for Enforcement of Control Measures/Minor
NSR/PSD
Section 110(a)(2)(C) requires states to have a plan that includes a
program providing for enforcement of all SIP measures, regulation of
minor sources and minor modifications, and the regulation of the
modification and construction of each stationary source, including a
program to meet the Prevention of Significant Deterioration (PSD) of
air quality. This section requires SIPs to set forth a program
providing for enforcement of all SIP measures, and the regulation of
construction of new and modified stationary sources to meet the NSR
requirements under PSD and Nonattainment NSR (NNSR) programs. Part C of
the CAA (sections 160-169B) addresses PSD, while part D of the CAA
(sections 171-193) addresses NSR requirements. A state must also
provide for the regulation of minor source and minor modifications
(minor NSR).\5\ The NNSR requirements of section 110(a)(2)(C) are
generally outside the scope of infrastructure SIPs. The EPA is not
evaluating nonattainment-related provisions, such as the NNSR program
required by Part D of the CAA. The EPA is evaluating the State's PSD
program as required by Part C of the CAA and the State's minor NSR
programs as required by 110(a)(2)(C).
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\5\ See EPA's 2013 Guidance on Infrastructure SIP elements
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PSD Requirements
With respect to Element (C), each state is required to make an
infrastructure SIP submission for a new or revised NAAQS demonstrating
that the air agency has a complete PSD permitting program meeting the
current requirements for all regulated NSR pollutants.\6\ The
requirements for Element (J) in relation to a comprehensive PSD
Permitting Program are the same as the requirements with respect to
Element (C).\7\
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\6\ In accordance with EPA's 2013 Guidance on Infrastructure SIP
Elements, the NSR pollutants include the criteria pollutants--carbon
monoxide, nitrogen dioxide, sulfur dioxide, ozone, particulate
matter (PM 2.5 and PM<INF>10</INF>), and lead.
\7\ The ``Prong 3'' requirements of Element D(i)(II) may be
satisfied in part by demonstrating that the air agency has a
complete PSD permitting program that correctly addresses all
regulated NSR pollutants. Our explanation of how the state has
satisfied the Prong 3 requirement is below.
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Montana's submission has shown that is has a PSD program \8\ in
place that covers all regulated NSR pollutants.
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\8\ See ARM 17.8.801 and ARM 17.8.818.
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Minor NSR
The State has adopted a minor NSR program \9\ in the approved SIP,
which is adopted under section 110(a)(2)(C) of the CAA. The minor NSR
program was originally approved by EPA on March 22, 1972. Since
approval of the minor NSR program, the State and EPA have relied on the
program to assure that new and modified sources not captured by the
major NSR permitting programs do not interfere with attainment and
maintenance of the NAAQS. Montana's minor NSR program, as approved in
the SIP, covers the construction and modification of regulated NSR
pollutants, including PM<INF>2.5</INF>, lead, and ozone and its
precursors.
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\9\ See 79 FR 69374. MDEQ issues permits for minor sources of
air pollution under ARM, Subchapter 07, Permit Construction and
Operation of Air Containment Sources, 17.8.743.
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The Montana submission refers to the following state rules and
regulations which are SIP-approved, that address and provide for
meeting all provisions and requirements of CAA section 110(A)(2)(C).
<bullet> 75-2-111, MCA.
<bullet> 75-2-112, MCA.
<bullet> ARM 17.8.130.
<bullet> ARM 17.8.801 et seq.
<bullet> ARM 17.8.901 et seq.
<bullet> ARM 17.8.10001 et seq.
The EPA is proposing to approve Montana's infrastructure SIP for
the 2015 ozone NAAQS, with respect to the general requirements in
section 110(a)(2)(C) to include a program in the SIP that regulates the
enforcement, modification, and construction of any stationary sources
as necessary to assure the NAAQS are achieved.
Section 110(a)(2)(D)--Interstate Transport
CAA section 110(a)(2)(D)(i) consists of four separate elements, or
``prongs''. CAA section 110(a)(2)(D)(i)(I) requires SIPs to contain
adequate provisions prohibiting emissions that will contribute
significantly to nonattainment of the NAAQS in any other state (prong
1), and adequate provisions prohibiting emissions that will interfere
with maintenance of the NAAQS by any other state (prong 2). CAA section
110(a)(2)(D)(i)(II) requires SIPs to contain adequate provisions
prohibiting emissions that will interfere with any other state's
required measures to prevent significant deterioration of its air
quality (prong 3), and adequate provisions prohibiting emissions which
will interfere with any others state's required measures to protect
visibility (prong 4). Under section 110(a)(2)(D)(i)(I) of the CAA, the
EPA and states must give independent consideration to both the prong 1
``significant contribution to nonattainment'' requirement and the prong
2 ``interference with maintenance'' requirement when evaluating
downwind air quality problems under section 110(a)(2)(D)(i)(I).\10\ For
more information on Montana and EPA's analysis of prongs 1 and 2 for
this NAAQS, see our proposed approval of the CAA section
110(a)(2)(D)(i)(I) portion of Montana's October 1, 2018 ISIP.\11\
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\10\ See North Carolina v. EPA, 531 F.3d 896, 909-911 (2008).
\11\ 87 FR 6095, February 3, 2022.
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The EPA took final action on the prong 1 and prong 2 requirements
of the CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS for
Montana on
[[Page 31914]]
April 12, 2022 (87 FR 21578). In that rulemaking, the EPA determined
that Montana's SIP contains adequate provisions to prohibit emissions
that will significantly contribute to nonattainment or interfere with
maintenance of the 2015 ozone NAAQs in any other state.\12\ The prong 3
(PSD) requirement of the CAA section 110(a)(2)(D)(i)(II) may be met for
all NAAQS by a state's confirmation in an infrastructure SIP submission
that new major sources and major modifications in the state are subject
to a comprehensive EPA-approved PSD permitting program in the SIP that
applies to all regulated NSR pollutants and that satisfies the
requirements of the EPA's PSD implementation rule(s).\13\ EPA is
proposing approval of prong 3 in this rulemaking.
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\12\ Since this time, EPA has conducted updated modeling which
continues to demonstrate that Montana does not significantly
contribute to nonattainment or interfere with the maintenance of the
2015 ozone NAAQS in any other state.
\13\ See 2013 Memo.
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To meet the prong 4 (visibility) requirement of the CAA section
110(a)(2)(D)(i)(II) under the 2015 ozone NAAQS, a SIP must address the
potential for interference with visibility protection caused by ozone,
including precursors. An approved regional haze SIP that fully meets
the regional haze requirements in 40 CFR 51.308 satisfies the
110(a)(2)(D)(i)(II) requirement for visibility protection as it ensures
that emissions from the state will not interfere with measures required
to be included in other state SIPs to protect visibility. In the
absence of a fully approved regional haze SIP, a state can still make a
demonstration that satisfies the visibility requirement section of
110(a)(2)(D)(i)(II).\14\ EPA will consider Montana's visibility
provisions through a future rulemaking.
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\14\ See 2013 Memo. In addition, the EPA approved the visibility
requirement of 110(a)(2)(D)(i) for the 1997 Ozone and
PM<INF>2.5</INF> NAAQS for Colorado before taking action on the
State's regional haze SIP. 76 FR 22036 (April 20, 2011).
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CAA section 110(a)(2)(D)(ii) requires SIPs to include provisions
ensuring compliance with the applicable requirements of CAA sections
126 and 115 (relating to interstate and international pollution
abatement). CAA section 126 requires notification to neighboring states
of potential impacts from a new or modified major stationary source and
specifies how a state may petition the EPA when a major source or group
of stationary sources in a state is thought to contribute to certain
pollution problems in another state. CAA section 115 governs the
process for addressing air pollutants emitted in the United States that
cause or contribute to air pollution that may reasonably be anticipated
to endanger public health or welfare in a foreign country.
To address CAA section 110(a)(2)(D)(ii), Montana states that its
SIP-approved PSD program (specifically, ARM 17.8.826(2)(d)) requires
the MDEQ to notify potentially affected states, Trbes, and federal land
managers (FLMs) of its intent to approve or disapprove a PSD permit
application. Montana also states that nothing in its SIP precludes the
state from ensuring compliance with CAA sections 126 and 115 with
respect to the 2015 ozone NAAQS. Montana asserts that no sources within
the state are the subject of an active finding under CAA section 126
with respect to the 2015 ozone NAAQS, nor are there any findings
against Montana under CAA section 115 for this NAAQS. For these
reasons, Montana concludes that its SIP meets the requirements of CAA
section 110(a)(2)(D)(ii) for the 2015 ozone NAAQS.
For the EPA's analysis of CAA section 110(a)(2)(D)(ii), we reviewed
the sections of the Montana SIP referenced by the State in its 2015
Ozone infrastructure SIP submission. As required by 40 CFR
51.166(q)(2)(iv), Montana's SIP-approved PSD program requires notice of
proposed new sources or modifications to states whose lands may be
significantly affected by emissions from the source or modification
(see ARM 17.8.826(2)(d)). This provision satisfies the notice
requirement of section 126(a). Montana also has no pending obligations
under sections 126(c) or 115(b). Therefore, the Montana SIP currently
meets the requirements of those sections. On these bases, the EPA is
proposing to find that the Montana SIP meets the requirements of CAA
section 110(a)(2)(D)(ii) for the 2015 ozone NAAQS.
Section 110(a)(2)(E)--Adequate Resources and Authority, Conflict of
Interest, and Oversight of Local Governments and Regional Agencies
Section 110(a)(2)(E)(i) requires each SIP to provide necessary
assurances that the state will have adequate personnel, funding, and
legal authority under state law to carry out its SIP. In addition,
section 110(a)(2)(E)(ii) requires each state to comply with the
requirements respecting state boards under CAA section 128. Finally,
section 110(a)(2)(E)(iii) requires that, where a state relies upon
local or regional governments or agencies for implementation of its SIP
provisions, the state retains responsibility for ensuring
implementation of SIP obligations with respect to relevant NAAQS.
The provisions contained in 75-2-102, MCA, 75-2-111, MCA, and 75-2-
112, MCA, provide adequate authority for the State of Montana and the
MDEQ to carry out its SIP obligations with respect to the 2015 ozone
NAAQS. The State receives section 103 and 105 grant funds through its
Performance Partnership Grant, along with required state matching funds
to provide funding necessary to carry out Montana's SIP requirements.
Montana's Performance Partnership Agreement with the EPA, documents
that the State has the resources to carry out agreed environmental
program goals, measures, and commitments, including developing and
implementing appropriate SIPs for all areas of the State. Annually,
states update these grant commitments based on current SIP
requirements, air quality planning, and applicable requirements related
to the NAAQS. Therefore, we propose to approve Montana's SIP meeting
the requirements of section 110(a)(2)(E)(i) for the 2015 ozone NAAQS.
With respect to section 110(a)(2)(E)(iii), the regulations cited by
Montana in their certifications (75-2-111 and 75-2-112, MCA) and
contained within this docket also provide the necessary assurances that
the state has the responsibility for adequate implementation of SIP
provisions by local governments. Therefore, we propose to approve
Montana's SIP meeting the requirements of section 110(a)(2)(E)(iii) for
the 2015 ozone NAAQS.
Section 110(a)(2)(E)(ii) requires each SIP to contain provisions
that comply with the state board requirements of section 128 of the
CAA. That provision contains two explicit requirements: (1) that any
board or body which approves permits or enforcement orders under this
chapter shall have at least a majority of members who represent the
public interest and do not derive any significant portion of their
income from persons subject to permits and enforcement order under this
chapter, and (2) that any potential conflicts of interest by members of
such board or body or the head of an executive agency with similar
powers be adequately disclosed. Section 128 further provides that a
state may adopt more stringent conflicts of interest requirements and
require EPA to approve such requirements submitted as part of a SIP.
The New Rules I (ARM 17.8.150), II (17.8.151) and III (ARM
17.8.152) adopted by the BER on October 16, 2015, were submitted and
approved by the EPA for inclusion in the SIP on
[[Page 31915]]
December 17, 2015, and contain provisions that meet the requirements of
section 128(a)(1) and section 128(a)(2) (See 81 FR 4234). Montana's SIP
continues to meet the requirements of section 110(a)(2)(E)(ii). EPA
proposes that Montana meets the infrastructure requirements of this
portion of section 110(a)(2)(E) for the 2015 ozone NAAQS.
Section 110(a)(2)(F)--Stationary Source Monitoring and Reporting
States must establish a system to monitor emissions from stationary
sources and submit periodic emission reports. Each plan shall also
require the installation, maintenance, and replacement of equipment,
and the implementation of other necessary steps, by owners, or
operators of stationary sources to monitor emissions from such sources.
The state plan shall also require periodic reports on the nature and
amounts of emissions and emissions-related data from such sources, and
correlation of such reports by each state agency with any emission
limitations or standards. Lastly, the reports shall be available at
reasonable times for public inspection.
The provisions cited by Montana (ARM 17.8.105 and 17.8.106) pertain
to testing requirements and protocols. Montana also incorporates by
reference 40 CFR part 51, appendix P regarding minimum reporting
requirements. (See ARM 17.8.103(1)(D)). In addition, Montana provides
for monitoring, recordkeeping, and reporting requirements for sources
subject to minor and major source permitting.
Furthermore, Montana is required to submit emissions data to the
EPA for purposes of the National Emissions Inventory (NEI). The NEI is
the EPA's central repository for air emissions data. The EPA published
the Air Emissions Reporting Rule (AERR) on December 5, 2008, which
modified the requirements for collecting and reporting air emissions
data (See 73 FR 76539). The AERR shortened the time states had to
report emissions data from 17 months to 12 months, giving states one
calendar year to submit emissions data. All states are required to
submit comprehensive emission inventories every three years and report
emissions for certain larger sources annually through the EPA's online
Emissions Inventory System. States report emissions data for the six
criteria pollutants and their associated precursors--nitrogen oxides,
sulfur dioxides, ammonia, lead, carbon monoxide, particulate matter,
and volatile organic compounds. Many states also voluntarily report
emissions of hazardous air pollutants. Montana made its latest update
to the NEI in 2024, however for purposes of this proposed action the
emissions data are based on the 2017 NEI released in February 2019
since that included the State's most recent NEI update at the time of
the October 1, 2018 ISIP submittal. Based on the analysis above, we
propose to approve the Montana SIP as meeting the requirements of CAA
section 110(a)(2)(F) for the 2015 ozone NAAQS.
Section 110(a)(2)(G)--Emergency Powers
This section requires that a plan provide for state authority
analogous to that provided to the EPA Administrator in section 303 of
the CAA, and adequate contingency plans to implement such authority.
Section 303 of the CAA provides authority to the EPA administrator to
seek a court order to restrain any source from causing or contributing
to emissions that present an ``imminent and substantial endangerment to
public health or welfare or the environment'' in the event that ``it is
not practicable to assure prompt protection. . . . by commencement of
such civil action.''
Montana's SIP submittals with regard to the section 110(a)(2)(G)
emergency order requirements explain that Montana has an EPA-approved
Emergency Episode Avoidance Plan (EEAP) (See 71 FR 19, Jan. 3, 2006).
According to the EEAP, ``the Department shall take the necessary
precautions to protect public health as set forth in 75-2-402, MCA,
``Emergency Powers.'' These precautions include, but are not limited
to, ordering a halt or curtailment of any operations, activities,
processes, or conditions the Department believes are contributing to
the air pollutant emergency episode.'' Montana's submission cites 75-2-
402, MCA, as providing general authority comparable to CAA section 303.
The submission also cites 75-2-112(2)(a) and 75-2-111(3), MCA. Under
75-2-111(3) MCA, Montana's environmental review board has broad
authority to ``issue orders necessary to effectuate the purposes'' of
Chapter 2. Also, under 75-2-112(2)(a) MCA, the MDEQ has the authority
to use ``appropriate administrative and judicial proceedings'' to
enforce orders issued by the board. Any air pollution discharge that
created an emergency situation would constitute a violation of the
chapter and its purposes; therefore, providing the BER and the MDEQ
authority to issue administrative orders to stop discharges that cause
emergencies effecting welfare and the environment.
While no single Montana statute mirrors the authorities of CAA
section 303, we propose to find that the combination of MCA provisions
discussed above provide for authority comparable to section 303 to
immediately bring suit to restrain and issue emergency orders for
applicable emergencies to take prompt administrative action against any
person causing or contributing to air pollution that presents an
imminent and substantial endangerment to public health or welfare, or
the environment and, therefore are sufficient to meet the authority
requirement of CAA section 110(a)(2)(G).
States must also have adequate contingency plans adopted into their
SIP to implement the air agency's emergency episode authority (as
discussed above). Requirements for contingency plans are provided in 40
CFR part 51, subpart H. The EPA approved Montana's EEAP in 71 FR 19
(Jan. 3, 2006). We find that Montana's air pollution emergency rules
include ozone and establish stages of episode criteria; provide for
public announcement whenever any episode stage has been determined to
exist; and specify emission control actions to be taken at each episode
stage. These are consistent with the EPA emergency episode SIP
requirements set forth at 40 CFR part 51, subpart H (prevention of air
pollution emergency episode) for ozone.
Based on the above analysis, we propose approval of Montana's SIP
as meeting the requirements of CAA section 110(a)(2)(G) for the 2015
ozone NAAQS.
Section 110(a)(2)(H)--Future SIP Revisions
This section requires that a state's SIP provide for revision may
be necessary, to take account of changes in the NAAQS or availability
of improved methods for attaining the NAAQS and whenever EPA finds that
the SIP is substantially inadequate.
Montana's statutory provisions in the Montana CAA at 75-2-101 et.
seq., give the BER sufficient authority to meet the requirements of
110(a)(2)(H). Therefore, we propose to approve Montana's SIP as meeting
the requirements of the CAA section 110(a)(2)(H).
Section 110(a)(2)(I)--Nonattainment Area Plan or Plan Revisions Under
Part D
Section 110(a)(2)(I) provides that each plan, or plan revisions for
an area designated as a nonattainment area, shall meet the applicable
requirements of part D of the CAA. EPA interprets
[[Page 31916]]
section 110(a)(2)(I) to be inapplicable to the infrastructure SIP
process because specific SIP submissions designated nonattainment
areas, as required by part D, are subject to different submission
schedule under subparts 2 through 5 of part D, extending as far as 10
years following areas of designation for some elements, whereas
infrastructure SIP submissions are due within three years after
adoption or revision of a NAAQS. Accordingly, EPA takes action on part
D attainment plans through separate processes.
Section 110(a)(2)(J)--Consultation with Government Officials; Public
Notifications; and PSD and Visibility Protection
Section 110(a)(2)(J) of the CAA requires that each SIP ``meet the
applicable requirements of section 121 of this title (relating to
consultation), section 127 of this title (relating to public
notification) and part C of this subchapter (relating to PSD of air
quality and visibility protection).''
The Montana submissions reference the following specific laws and
regulations relating to consultation with identified officials on
certain air agency actions, public notifications, prevention of
significant deterioration, and visibility protection:
<bullet> MCA 2-3-203.
<bullet> ARM 17.8.801 et seq.--Prevention of Significant
Deterioration of Air Quality.
<bullet> ARM 17.8.901 et seq.--Permit Requirements for Major
Stationary Sources of Major Modifications Locating within Nonattainment
Areas.
<bullet> ARM 17.8.1001 et seq.--Preconstruction Permit Requirements
for Major Stationary Sources of Major Modifications Locating within
Attainment or Unclassified areas.
<bullet> Montana's Emergency Episode Avoidance Plan (EEAP) SIP.
(i) Montana has demonstrated that it has authority and rules in
place to provide a process a process of consultation with general
purpose local governments, designated organizations of elected
officials of local governments, designated organizations of elected
officials of local governments and any FLM having authority over
federal land to which the SIP applies, consistent with the requirements
of CAA section 121 (59 FR 2988, Jan. 20, 1994). Moreover, Montana's
Emergency Episode Avoidance Plan, approved into the SIP (71 FR 19, Jan,
3, 2006), meets the general requirements of CAA section 127.
Montana has demonstrated that it has the authority and rules in
place to provide a process of consultation with general purpose local
governments, designated organizations with elected officials of local
governments and any FLM having authority over Federal land to which the
SIP applies, consistent with the requirements of CAA section 121 (See
59 FR 2988, Jan. 20, 1994). Furthermore, Montana's Emergency Episode
Avoidance Plan, approved into the SIP (See 71 FR 19, Jan, 3, 2006),
meets the general requirements of the CAA section 127.
Addressing the requirement in CAA section 110 (a)(2)(J) that the
SIP meet the applicable requirements of part C, title 1 of the CAA, we
have evaluated this requirement in the context of CAA section
110(a)(2)(C). The EPA most recently approved revisions to Montana's PSD
program on June 26, 2018 (See 83 FR 29694), updating the program
consistency with CAA requirements. Therefore, we are proposing to
approve the Montana SIP as meeting the requirements of CAA 110(a)(2)(J)
with respect to PSD for the 2015 Ozone NAAQS.
With regard to applicable visibility protection requirements, the
EPA recognizes that states are subject to visibility and regional haze
program requirements under part C of the CAA. In the event of an
establishment of a new NAAQS, however, the visibility and regional haze
program requirements under part C does not change. Consequently, we
find that there is no new applicable requirement relating to visibility
triggered under CAA section 110(a)(2)(J) when a new NAAQS becomes
effective.
Based on the above analysis, we are proposing to approve the
Montana SIP as meeting the requirements of CAA section 110(a)(2)(J) for
the 2015 Ozone NAAQS.
Section 110(a)(2)(K)--Air Quality Modeling/Data
Section 110(a)(2)(K) of the CAA requires that SIPs provide for (i)
the performance of air quality modeling as the Administrator may
prescribe for the purpose of predicating the effect on air quality of
any emissions of any air pollutant for which the Administrator has
established a NAAQS, and (ii) the submission, upon request, of data
related to such air quality modeling to the Administrator.
The EPA's requirements for air quality modeling for criteria
pollutants are found in 40 CFR part 51, appendix W Guideline on Air
Quality Models. On January 17, 2017 (See 82 FR 5182), the EPA revised
appendix W, effective February 16, 2017. The Federal Register document
stated: ``For all regulatory applications covered under the Guideline,
except for transportation conformity, the changes to appendix A
preferred models and revisions to the requirements and recommendations
of the Guidelines must be integrated into the regulatory processes of
respective reviewing authorities and followed by applicants by no later
than January 17, 2018.''
In the September 26, 2018 submission, Montana cites ARM 17.8.821
(MT's PSD Program) which requires estimates of ambient air
concentrations be based on applicable air quality models specified in
appendix W of 40 CFR part 51, pertaining to the Guidelines on Ambient
Air Quality Models. Additionally, Montana cites in its State rules and
regulations, as contained within ARM 17.8.701, ARM 17.8.801, ARM
17.8.901, and ARM 17.8.1001 (regulating construction of new or modified
stationary sources consistent with PSD and NSR requirements) shall
demonstrate the facility can be expected to operate in compliance with
applicable law and that it will not cause or contribute to a violation
of any NAAQS.
ARM 17.8.802(1)(b) incorporates appendix W by reference without a
specific date. ARM 17.8.102(1)(a) provides:
(1) Unless expressly provided otherwise in this chapter, where
the board has:
(a) Adopted a federal regulation by reference, the reference is
to the July 1, 2016 edition of the Code of Federal Regulations
(CFR), as it is published on the website of the U.S. Government
Printing Office: <a href="https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2016&go=Go">https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2016&go=Go</a>;
In the December 28, 2022 appendix W revision \15\ we received,
Montana incorporates the most current version of the ``Guideline on Air
Quality Models'', 40 CFR part 51, appendix W. ARM rule 17.8.802
Incorporation by Reference (b) is updated to comply with EPA's January
17, 2017 revisions to appendix W.
---------------------------------------------------------------------------
\15\ See appendix W revisions in docket. In its most recent
revision to appendix W, the EPA stated that revised requirements
must be ``integrated into the regulatory processes of respective
reviewing authorities and followed by applicants by no later than
January 17, 2018.'' Final rule, Revisions to the Guideline of Air
Quality Models: Enhancements to the AERMOD Dispersion Modeling
System and Incorporation of Approaches to Address Ozone and Fine
Particulate Matter, 82 FR 5182 (Jan. 17, 2017).
---------------------------------------------------------------------------
Based on the above information, we are proposing to approve the
Montana SIP as meeting the requirements of CAA section 110(a)(2)(K) for
the 2015 ozone NAAQS.
[[Page 31917]]
CAA Section 110(a)(2)(L): Permitting Fees
CAA section 110(a)(2)(L) provides that the SIP must require each
major stationary source to pay permitting fees to cover the cost of
reviewing, approving, implementing, and enforcing a permit.
The Montana submission refers to its fully approved title V
operating permit program, and references the ARM regulations for the
assessment and collection of fees:
<bullet> ARM 17.8.504--Air Quality Permit Application Fees.
<bullet> ARM 17.8.505--Air Quality Operation Fees.
<bullet> ARM 17.8.1701, et seq.--Registration of Air Contaminant
Sources.
ARM 17.8.48 requires new and modified sources to pay fees in
accordance with ARM 17.8.504. With respect to title V sources, on
January 22, 2001, the EPA fully approved Montana's part 70 title V
operating permit program (See 65 FR 80785). Therefore, we are proposing
that Montana has satisfied the requirements of CAA section 110(a)(2)(L)
for the 2015 ozone NAAQS.
CAA Section 110(a)(2)(M): Consultation/Participation by Affected Local
Entities
CAA section 110(a)(2)(M) requires states to provide for
consultation and participation in SIP development by local political
subdivisions affected by the SIP.
Montana refers to the following ARM and MCA regulations, which
require the MDEQ to ``. . .advise, consult, contract, and cooperate
with other agencies of the state, local governments, industries, other
states, inter-local agencies, the United States, and any interested
persons or groups''. Additionally, Montana law allows potentially
affected parties of MDEQ actions to petition for hearings.
<bullet> ARM 17.8.140 Rehearing Procedures--Form and Filing of
Petition.
<bullet> ARM 17.8.141 Rehearing Procedures--Filing Requirements.
<bullet> ARM 17.8.142 Rehearing Procedures--Board Review.
<bullet> 75-2-112, MCA--Powers and Responsibilities of Department.
The rules and regulations cited by Montana provide for the
consultation and participation by local political subdivisions affected
by the SIP; therefore, we are proposing to approve the Montana SIP as
meeting the requirements of CAA section 110(a)(2)(M) for the 2015 ozone
NAAQS.
IV. What action is EPA taking?
In this rulemaking, we are proposing to approve multiple elements
of the infrastructure SIP requirements for the 2015 ozone NAAQS for
Montana along with a proposed no action for three infrastructure
elements for Montana. Additionally, we are proposing to approve the
revisions to appendix W. Our proposed action is contained in table 1
below.
The EPA is proposing to approve Montana's September 26, 2018, SIP
submission for the following CAA section 110(a)(2) infrastructure
elements for the 2015 ozone NAAQS: (A), (B), (C), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M). The EPA is proposing no action on
D(i)(I) Prongs 1 and 2, and D(i)(II) Prong 4.
In the table below, the key is as follows:
A--Approve.
D--Disapprove.
NA--No Action. We intend to address the element in a separate
rulemaking action.
Table 1--Infrastructure Elements That the EPA Is Proposing To Act On
------------------------------------------------------------------------
2015 Ozone NAAQS infrastructure SIP elements Montana
------------------------------------------------------------------------
(A): Emission Limitations and Other Control Measures...... A
(B): Ambient Air Quality Monitoring/Data System........... A
(C): Program for Enforcement of Control Measures; minor A
NSR; PSD.................................................
(D)(i)(I): Prong 1 Interstate Transport--significant NA
contribution.............................................
(D)(i)(I): Prong 2 Interstate Transport--interference with NA
maintenance..............................................
(D)(i)(II): Prong 3 Interstate Transport--PSD............. A
(D)(i)(II): Prong 4 Interstate Transport--visibility...... NA
(D)(ii): Interstate and International Pollution Abatement. A
(E): Adequate Personnel. Funding, and Authority; State A
Boards; Local Implementation.............................
(F): Stationary Source Monitoring......................... A
(G): Emergency Authority; Emergency Episode Plans......... A
(H): Future SIP Revisions................................. A
(J): Consultation with Government Officials, Public A
Notification, PSD and Visibility Protection..............
(K): Air Quality Modeling/Data............................ A
(L): Permitting Fees...................................... A
(M): Consultation/Participation by Affected Local Entities A
------------------------------------------------------------------------
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 CAA 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 CAA. 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because State Implementation Plan approvals under the
CAA are exempt from review under Executive Order 12866;
<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
[[Page 31918]]
Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<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.
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 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
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: July 8, 2025.
Cyrus M. Western,
Regional Administrator, Region 8.
[FR Doc. 2025-13341 Filed 7-15-25; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on July 16, 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.