Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 76013 

1See MDEQ Missoula Submission Receipt— 

01.30.24 in docket. 

2See Montana January 30, 2024, submittal, p. 98. 

compensation for services under this 

paragraph (e). 

(ii) Example 2: Benefits for cultural or 

ceremonial activities not compensation 

for services. Tribe C operates a language 

preservation center in which Individual 

3, a Tribal Member of C, who speaks the 

traditional language that is common to 

C and other regional Tribes, volunteers 

to come in every Saturday to discuss 

and teach the traditional language of C 

to other Tribal Members of C. The 

Indian Tribal Government of C (ITG–C), 

reimburses Individual 3 for travel 

expenses and teaching supplies used in 

Individual 3’s language lessons. The 

reimbursement of costs that Individual 

3 receives from ITG–C is not 

compensation for services under this 

paragraph (e). 

(f) Audit suspension. After [date of 

publication of the final regulations in 

the Federal Register], the Department of 

the Treasury and the Internal Revenue 

Service (IRS) will, in consultation with 

the Treasury Tribal Advisory 

Committee, establish and require the 

education and training prescribed in 

section 3(b)(2) of the Act. The temporary 

suspension of audits and examinations 

described in section 4(a) of the Act will 

not be lifted until the education and 

training prescribed by section 3(b)(2) of 

the Act is completed. 

(g) Applicability date. This section 

applies to taxable years of Tribal 

Program Participants that begin on or 

after [date of publication of the final 

regulations in the Federal Register]. 

§ 1.139E–2 [Reserved] 

Douglas W. O’Donnell, 

Deputy Commissioner. 

[FR Doc. 2024–20826 Filed 9–13–24; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0472; FRL–12252– 

01–R8] 

Air Plan Approval; Montana; Missoula, 

Montana, Air Rule Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Montana on January 30, 2024, that 

incorporates revisions to the Missoula, 

Montana City-County Air Pollution 

Control (MCCAPC) program rules into 

the Montana SIP. The EPA is taking this 

action pursuant to the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before October 17, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2023–0472, to the Federal 

Rulemaking Portal: https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from https://

www.regulations.gov. 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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

Docket: All documents in the docket 

are listed in the https://

www.regulations.gov 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 

https://www.regulations.gov. For this 

action we do not plan to offer hard copy 

review of the docket. Please email or 

call the person listed in the FOR FURTHER

INFORMATION CONTACT section if you 

need to make alternative arrangements 

for access to the docket. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Stein, Air and Radiation 

Division, EPA, Region 8, Mailcode 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado 80202–1129, 

telephone number: (303) 312–7078, 

email address: stein.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

On January 30, 2024, the State of 

Montana submitted proposed revisions 

to the MCCAPC rules for incorporation 

into the Montana SIP.1 The MCCAPC 

rules address open burning, industrial 

and household combustors, and other 

activities that generate particulate 

matter emissions. The submittal was 

signed by the governor and went 

through a 30-day public comment 

period starting on Thursday, September 

7, 2023, and ending on Monday, 

October 9, 2023.2 Montana received no 

requests for public hearing and all 

comments received were in favor of the 

revised MCCACP rules and their 

incorporation into the Montana SIP. In 

this action, we are proposing to approve 

certain revisions and to take no action 

on certain revisions, as described in 

greater detail below. 

The EPA has reviewed the revisions 

to Chapters 1 through 9, and Chapters 

13 and 14 of the MCCAPC rules. The 

bulk of the changes are administrative 

in nature, including formatting and 

grammatical corrections, conforming 

edits to create consistency across the 

MCCAPC, deletions of extraneous or 

repetitive content, removal of outdated 

references to a retired outdoor burn 

hotline, and similar edits. Additionally, 

there are several revisions that are 

substantive in nature, including new 

definitions for outdoor burning air 

pollution control technologies, 

provisions for the use of such control 

technologies, new limits on outdoor 

recreational fires, and the extension of 

wood stove rules to new areas around 

Missoula, among others. The EPA has 

determined that both the administrative 

and substantive revisions are consistent 

with the requirements of the CAA. 

These substantive revisions either have 

no effect on, or further restrict, 

particulate matter emissions. 

The EPA will not be acting on the 

rules submitted for revision in MCCAPC 

Chapter 10: Fuels rules 10.102(1), 

10.105(1), 10.109(1), 10.110, 10.111, 

10.111(2). The EPA is proposing to act 

on the revisions in Chapter 10 in a 

separate action. 

II. Proposed Action 

In this action, the EPA is proposing to 

approve the revisions to the MCCACP 

rules submitted by the State of Montana 

on January 30, 2024, listed below in 

table 1, Chapters 1 through 9 and 

Chapters 13 and 14. 

In the table below, the key is as 

follows: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
76014 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 

A—Approve. N—No action. 

TABLE 1—SUMMARY OF REVISIONS TO THE MISSOULA CITY-COUNTY AIR POLLUTION CONTROL PROGRAM, PROPOSED

FOR APPROVAL

Revisions to the Missoula City-County Air Pollution Control Program (MCCAPC) 1

MCCAPC chapter MCCAPC rule(s): description of revision(s) EPA 

proposal 

Chapter 1: Program Authority and 

Administration.

1.105(5): Grammatical correction ............................................................................................... A 

Chapter 2: Definitions ...................... 2.101(22): Update hazardous waste definition, consistency with state rule .............................. A 

2.101(23): Removes Flathead Reservation from Impact Zone M definition (no MCCAC program jurisdiction on Flathead Reservation).

2.101(49): Grammatical correction.

Chapter 3: Failure to Attain Standards.3.101: Corrected wording ........................................................................................................... A 

3.103: Reference correction.

Chapter 4: Missoula County, Air 

Stagnation and Emergency Episode Avoidance Plan.

4.104(1–4): Formatting and spelling correction .........................................................................

4.108(1): Grammatical correction ...............................................................................................

4.108(2)(a): Corrected wording ..................................................................................................

A 

4.108(2)(d): Rule addition, requires recreational fires to comply with Chapter 7 applicable requirements and restrict fires in certain areas during air alerts.

4.109(2)(d): Rule addition, requires recreational fires to comply with Chapter 7 applicable requirements and restrict fires in certain areas during air warnings.

4.109(4): Formatting correction.

4.113: Grammatical correction.

Chapter 5: General Provisions ........ 5.108(1): MCCAPC board fee change clarification .................................................................... A 

5.108(2): Removes extraneous content.

5.111(1): Adds Montana state requirements for local air program rules into MCCAPC rules.

5.111(2): Revision to create consistency with rule 5.111(1).

Chapter 6: Standards for Stationary 

(Industrial) Sources.

6.103(4): Revision allows for up to two, 12-month extensions on air quality permit when construction, installation or alteration was not completed within 36 months of initial issuance 

of air quality permit.

A 

6.107(1): Punctuation correction.

6.505(2): Formatting correction.

6.604: Correction for consistency with state rules.

Chapter 7: Outdoor Burning ............ 7.101(1–13): Renumbering to 7.101(3–15) ................................................................................ A 

7.101(1): Definition added for air curtain burners.

7.101(2): Definition added for air curtain destructors.

7.101(4): Removes references to outdoor burning hotline, department outdoor burning restrictions requirement remains.

7.101(11): Clarification that recreational fires burning gaseous fuel are not considered outdoor burning.

7.101(13): Punctuation correction.

7.102(1): Pronoun correction.

7.104(1): Removes wildland burning from year-round activities list and updates letters for 

consistency with the removal of point (a).

7.104(4): Clarification and specification when prescribed woodland burning can be done.

7.104(5): Renumbering.

7.105(1): Formatting correction.

7.105(2): Removes redundant language.

7.105(3): Replaces outdoor burning hotline as departmental mechanism to announce burn 

restrictions with the departmental website.

7.106(2)(b): Language update.

7.107(3)(c): Removes reference to outdoor burn hotline.

7.107(6): Specifies process major burners may use to conduct wildland outdoor burning, includes requirement for written request to department in winter months.

7.110(1)(d): Revision allows for outdoor burning of natural vegetation generated offsite to be 

granted a conditional outdoor burning permit if burning occurs with temporary use of air 

curtain burner or air curtain destructor.

7.110(2)(c): Revision allows for exception for conditional outdoor burning permits to be 

issued inside the air stagnation zone if the burning takes place with an air curtain burner 

or air curtain destructor.

7.110(6)(c): Revision specifies that permits issued under rule for natural vegetation burning 

in air curtain burner or air curtain destructor is valid for up to one year.

7.116: Rule added to limit recreational fires during air pollution alerts, warnings, emergencies and crises.

Chapter 8: Fugitive Particulate ........ 8.203(3)(b–c): Reference correction .......................................................................................... A 

8.203(3)(e): Removal of an extra word.

8.208(1): Revision allows health department to approve alternative areas for paving the 

same size and usage as an area required to be paved by other sections of chapter 8.

Chapter 9: Solid Fuel Burning Devices (Wood Burning Stoves).9.102(3): Defines ‘central heater’ ...............................................................................................

9.102(6): Revision changes ‘EPA method’ definition to include all parts of subpart AAA and 

adds 40 CFR part 60, subpart QQQQ.

A 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 76015 

TABLE 1—SUMMARY OF REVISIONS TO THE MISSOULA CITY-COUNTY AIR POLLUTION CONTROL PROGRAM, PROPOSED

FOR APPROVAL—Continued 

Revisions to the Missoula City-County Air Pollution Control Program (MCCAPC) 1

MCCAPC chapter MCCAPC rule(s): description of revision(s) EPA 

proposal 

9.102(10): Addition of Seeley Lake Wood Stove Zone definition.

9.102(11): Addition of word ‘disposal’ to solid fuel burning device definition.

9.102(4–10): Renumbering.

9.102(12–14): Renumbering.

9.201(1): Word addition for clarification.

9.203(1): Addition that wood pellet boilers can be installed in air stagnation zone.

9.203(2): Spelling correction.

9.204: Addition of rules that specifies which solid fuel burning devices may be installed in 

the Seeley Lake Wood Stove Zone.

9.205: Renumbered rule, updated for consistency with 2015 New Source Performance 

Standards for wood stoves, does not apply to new solid fuel burning devices installed in 

the Missoula air stagnation zone and, or the Seeley Lake Wood Stove Zone.

9.205(4): Edited for clarification.

9.206–9.212: Renumbering.

9.207(3): Word addition for clarification.

9.207(7): Word addition for clarification.

9.401(3): Update to list of applicable rules.

9.501(1): Revision requires removal of solid fuels burning devices when property is sold, 

transferred or conveyed, applies to inherited property and other changes of ownership.

9.501(2): Revision replaces word ‘sold’ with words ‘sold, transferred or conveyed’, removes 

grandfathering of class I wood stoves installed between 1986 and 1994.

9.501(3–8): Deleted, form no longer required when property is sold, transferred or conveyed 

in the Missoula air stagnation zone.

9.601: Grammatical correction.

Chapter 10: Fuels 2 .......................... ..................................................................................................................................................... N 

Chapter 13: Variances ..................... 13.104: Spelling correction ......................................................................................................... A 

Chapter 14: Enforcement and Administrative Procedures.14.107(1): Revision specifics 15-day time limit for hearing request of control board if there is 

a disagreement on administrative conclusion, decision.

14.107(2): Spelling correction .................................................................................................... A 

1See Montana January 30, 2024, submittal, pp. 145–148 for additional detail on rule revision descriptions. 

2The EPA will not be acting on the rules submitted for revision in MCCAPC Chapter 10: Fuels and is proposing to act on revisions in Chapter 

10 of the MCCACP rules in a separate action. See Montana January 30, 2024, submittal, pp. 147–148 for additional detail on Chapter 10 rule revision descriptions. 

III. Environmental Justice 

Considerations 

This is a proposed action to 

incorporate revisions to the MCCAPC 

program rules into the Montana SIP. 

Due to the nature of the action being 

taken here, this action is expected to 

have a neutral to positive impact on the 

air quality of the affected area. At a 

minimum, this action will not worsen 

any existing air quality and is expected 

to ensure the area is meeting 

requirements to attain and/or maintain 

air quality standards. Further, there is 

no information in the record indicating 

that this action is expected to have 

disproportionately high or adverse 

human health or environmental effects 

on a particular group of people. 

IV. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the MCCAPC 

rules in Montana’s January 30, 2024, 

submission; Chapters 1 through 9 and 

Chapters 13 and 14 into the Montana 

SIP, as discussed in sections I. and II. of 

this preamble. The EPA has made, and 

will continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 8 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided they meet the criteria of the 

CAA. Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• 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.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 


ddrumheller on DSK120RN23PROD with PROPOSALS1
76016 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have Tribal implications and will 

not impose substantial direct costs on 

Tribal governments or preempt Tribal 

law as specified by Executive Order 

13175 (65 FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The Montana Department of 

Environmental Quality did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. EPA did not perform an EJ 

analysis and did not consider EJ in this 

action. Due to the nature of the action 

being taken here, this action is expected 

to have a neutral to positive impact on 

the air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 11, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2024–20997 Filed 9–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[GN Docket No. 20–32; FCC 24–89; FR ID 

243903] 

Establishing a 5G Fund for Rural 

America 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission or FCC) seeks comment on 

whether to require a winning bidder in 

the 5G Fund Phase I auction to 

demonstrate during the long-form 

application process that it has obtained 

the consent of the relevant Tribal 

government(s) for any necessary access 

to deploy network facilities using its 5G 

Fund support on Tribal lands within the 

area(s) of its winning bid(s). 

DATES: Comments are due on or before 

October 17, 2024; reply comments are 

due on or before November 1, 2024. 

ADDRESSES: Pursuant to §§ 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. You may submit 

comments, identified by GN Docket No. 

20–32, by any of the following methods: 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by hand or 

messenger delivery, by commercial 

courier, or by the U.S. Postal Service 

Express Mail. All filings must be 

addressed to the Secretary, Federal 

Communications Commission. 

• Hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary are accepted 

between 8:00 a.m. and 4:00 p.m. by the 

FCC’s mailing contractor at 9050 

Junction Drive, Annapolis Junction, MD 

20701. All hand deliveries must be held 

together with rubber bands or fasteners. 

Any envelopes and boxes must be 

disposed of before entering the building. 

• Commercial courier deliveries (any 

deliveries not by the U.S. Postal Service) 

must be sent to 9050 Junction Drive, 

Annapolis Junction, MD 20701. Filings 

sent by U.S. Postal Service First-Class 

Mail, Priority Mail, and Priority Mail 

Express must be sent to 45 L Street NE, 

Washington, DC 20554. 

• People With Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format) 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202) 418–0530. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Quinn of the Office of Economics 

and Analytics, Auction Division, at 

(202) 418–0660 or Kelly.Quinn@fcc.gov, 

or Valerie Barrish of the Office of 

Economics and Analytics, Auction 

Division, at (202) 418–0354 or 

Valerie.Barrish@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Further Notice of Proposed Rulemaking 

(Second FNPRM) in GN Docket No. 20– 

32, FCC 24–89, adopted on August 14, 

2024 and released on August 29, 2024. 

The full text of this document is 

available for public inspection at the 

following internet address: https://

docs.fcc.gov/public/attachments/FCC24-89A1.pdf. 

Providing Accountability Through 

Transparency Act. Consistent with the 

Providing Accountability Through 

Transparency Act, Public Law 118–9, a 

summary of this Notice of Proposed 

Rulemaking will be available on https:// 

www.fcc.gov/proposed-rulemakings. 

Synopsis 

1. In the Second FNPRM, the 

Commission seeks comment on whether 

to require a winning bidder in the 5G 

Fund Phase I auction to demonstrate 

during the long-form application 

process, and prior to being authorized to 

receive support, that it has obtained the 

consent of the relevant Tribal 

government(s) for any necessary access 

to deploy network facilities using its 5G 

Fund support on Tribal lands within the 

area(s) of its winning bid(s). For 

purposes of a requirement such as this, 

the Commission would follow the longstanding precedent articulated in its 


ddrumheller on DSK120RN23PROD with PROPOSALS1