Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Proposed Rules 82953 

27EJSCREEN is an environmental justice mapping 

and screening tool that provides the EPA with a 

nationally consistent dataset and approach for 

combining environmental and demographic 

indicators; available at https://www.epa.gov/ 

ejscreen/what-ejscreen. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that it is not 

practicable to assess whether the human 

health or environmental conditions that 

exist prior to this action result in 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. While the EPA has identified 

the sources that would be impacted by 

the finalization of this proposed action, 

the EPA cannot quantify the baseline 

conditions and impacts the affirmative 

defense provisions have had on these 

sources, nor can we project potential 

emissions impacts from these sources as 

a result of this action. However, the EPA 

finds that this proposed action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. 

The EPA performed a screening 

analysis using the EJScreen tool 27 to 

evaluate environmental and 

demographic indicators for the areas 

impacted by this proposed action. The 

results of this assessment are in the 

docket for this action. The EPA is 

providing this information for public 

information purposes, and not as a basis 

of our proposed action. 

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. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency proposes to amend 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart BB—Montana 

§ 52.1392 [Amended] 

■ 2. In § 52.1392, remove and reserve 

paragraph (i). 

[FR Doc. 2024–23568 Filed 10–11–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0473; FRL–12257– 

01–R8] 

Air Plan Approval; Montana; Missoula, 

Montana Oxygenated Fuels Program 

Removal, Carbon Monoxide, Limited 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the Montana 

Department of Environmental Quality 

(MDEQ or ‘‘the State’’), on January 30, 

2024, requesting to change the status of 

gasoline requirements (the ‘‘oxygenated 

fuels’’ or ‘‘oxyfuels’’ program’’) in the 

Missoula, Montana, Carbon Monoxide 

(CO) limited maintenance plan (LMP) 

area from an active control measure to 

a contingency measure. The SIP revision 

contains a non-interference 

demonstration under the Clean Air Act 

(CAA), which concludes that converting 

the oxygenated gasoline program from a 

control measure to a contingency 

measure in the Missoula CO LMP would 

not interfere with attainment or 

maintenance of the CO National 

Ambient Air Quality Standards 

(NAAQS). The EPA is proposing to 

approve Montana’s SIP submittal 

pursuant to CAA. 

DATES: Written comments must be 

received on or before November 14, 

2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2023–0473, to the Federal 

Rulemaking Portal: 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

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. 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 

The EPA is proposing to approve a 

SIP revision submitted by Montana on 

January 30, 2024, requesting to change 

the status of the oxyfuels program in the 

Missoula CO LMP from an active 

control measure to a contingency 

measure. To support the request, 

Montana’s January 30, 2024 SIP revision 

contains technical support materials to 

demonstrate that the removal of the 

rules as a control measure will not 

interfere with attainment or 

maintenance of the CO NAAQS or with 


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82954 Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Proposed Rules 

1See MEMO_Missoula MOVES TSD_CO OxyFuels 

110(l).docx in docket. 

2Further information regarding this classification 

and the accompanying requirements are described 

in the ‘‘General Preamble for the Implementation of 

Title I of the Clean Air Act Amendments of 1990.’’ 

See 57 FR 13498, April 16, 1992. 

3See 42 U.S.C. 7505A(a). 4See Memorandum from John Calcagni, Director, 

Air Quality Management Division, EPA Office of 

Air Quality Planning and Standards, ‘‘Procedures 

for Processing requests to Redesignate Areas to 

Attainment,’’ September 4, 1992 (Calcagni Memo). 

5Memorandum from Joseph Paisie, Group Leader, 

EPA Integrated Policy and Strategies Group, to Air 

Branch Chiefs, October 6, 1995. 

6 Id. 

7See September 14, 2017 direct final rule (DFR) 

and proposal (82 FR 43180, 82 FR 43208) for 

additional detail on the second, 10-year CO LMP for 

Missoula, Montana, area. 

any other applicable requirement of the 

CAA. In addition to the technical 

support materials provided by Montana, 

the EPA has provided supplemental 

technical support documentation to 

further demonstrate non-interference.1

Specifically, these SIP revisions address 

State regulations amended in the 

Missoula City-County Air Pollution 

Control (MCCAPC) program rules, 

Chapter 10: Fuels, Subchapter 1: 

Oxygenated Fuels Program, rules 

10.102(1), 10.105(1), 10.109(1), 10.110, 

10.111, 10.111(2). 

The EPA’s analysis of Montana’s 

January 30, 2024 SIP revision that is the 

subject of this proposed rule is 

organized into two parts under section 

II. of this document. Part A provides the 

background, analysis, and discussion of 

the non-interference demonstration for 

the change in status of Montana’s 

oxyfuels program from a control 

measure to a contingency measure in 

the federally approved Montana SIP; 

Part B contains information regarding 

rules submitted for revision in MCCAPC 

Chapter 10: Fuels, Subchapter 1: 

Oxygenated Fuels Program. The EPA is 

proposing to act on the revisions listed 

in this action and will act on the 

additional rule revisions listed in the 

January 30, 2024 SIP revision 

submission in a separate action. 

II. The EPA’s Evaluation 

A. Removal of the Oxygenated Gasoline 

Program as a Control Measure 

1. Missoula, Montana Oxygenated 

Gasoline Program and CO NAAQS 

Maintenance 

The EPA designated Missoula, 

Montana, as nonattainment for CO 

under the provisions of the 1977 CAA 

Amendments on March 3, 1978 (43 FR 

8962). Under the CAA Amendments of 

1990, the Missoula area was designated 

as nonattainment and classified as a 

‘‘Moderate’’ CO area, with a design 

value of less than or equal to 12.7 parts 

per million (ppm) and was required to 

attain the CO NAAQS by December 31, 

1995 (56 FR 56694, November 6, 1991).2

Under section 211(m) of the CAA, states 

with areas designated nonattainment for 

CO with certain design values were 

required to submit revisions to their 

SIPs and implement oxygenated 

gasoline programs by no later than 

November 1, 1992. As a result, the State 

submitted such a revision, and the EPA 

approved an oxygenated gasoline 

program for the Missoula area on 

November 8, 1994 (59 FR 55585). The 

oxygenated gasoline program applies 

during the high CO season, which is 

generally during the colder winter 

months when cars tend to have higher 

tailpipe CO emissions. The oxygenated 

gasoline program also requires that 

gasoline contain at least 2.7% oxygen by 

weight during the high CO season. This 

requirement is intended to ensure 

complete gasoline combustion and thus 

achieve a reduction in tailpipe CO 

emissions. The high CO season for the 

Missoula CO area was established as 

November 1 through the last day of 

February of each year. 

The CAA established an attainment 

date of December 31, 1995, for all 

Moderate CO areas, including the 

Missoula, Montana, area, triggering CAA 

section 211(m) requirements. CAA 

section 107(d)(3)(E) sets out the 

requirements that an area must meet to 

be redesignated from nonattainment to 

attainment, including that the area must 

have a fully approved maintenance plan 

pursuant to section 175A of the CAA. A 

maintenance plan, as defined in section 

175A(a) of the CAA, is a revision to the 

SIP to provide for the maintenance of 

the NAAQS for the air pollutant in 

question in the area concerned for at 

least 10 years after the redesignation. 

CAA section 175A(d) requires that such 

plans include contingency provisions, 

as necessary, to promptly correct any 

violation of the NAAQS that occurs after 

redesignation of an area; this includes 

implementation of all control measures 

that were contained in the SIP prior to 

redesignation. While CAA section 175A 

sets forth the criteria for adequate 

maintenance plans,3 the EPA has also 

published longstanding guidance 

providing clarification for states on 

developing maintenance plans by 

performing air quality modeling to 

demonstrate that the future mix of 

sources and emission rates will not 

cause a violation of the NAAQS or by 

showing that projected future emission 

reductions of a pollutant and its 

precursors will not exceed the level of 

emissions during a year when the area 

was in attainment of the NAAQS.4

On May 27, 2005, the Governor of 

Montana submitted to the EPA a request 

to redesignate the Missoula CO 

nonattainment area to attainment for the 

8-hour CO NAAQS. Along with this 

request, the Governor submitted a CAA 

section 175A(a) maintenance plan 

which established an attainment year of 

2000, and demonstrated that the area 

would maintain the 8-hour CO NAAQS 

through 2020. The EPA approved the 

State’s redesignation request, CAA 

section 175A(a) maintenance plan, and 

base year emissions inventory on 

August 17, 2007 (72 FR 46158). 

Eight years after an area is 

redesignated to attainment, CAA section 

175A(b) requires the state to submit a 

subsequent maintenance plan to the 

EPA, covering a second 10-year period. 

This second 10-year maintenance plan 

must demonstrate continued 

maintenance of the applicable NAAQS 

during this second 10-year period. The 

EPA explained in the October 6, 1995 

Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment 

Areas guidance memo that 

nonattainment and maintenance areas 

could meet CAA section 175A 

requirements to demonstrate continued 

maintenance by showing that an area 

has a design value of less than 85 

percent of the 8-hour CO standard (7.65 

ppm) based on the two most recent 

years of data for all CO monitors in the 

maintenance area.5 This streamlined 

demonstration of maintenance is known 

as a limited maintenance plan. To fulfill 

this CAA requirement, the Governor of 

Montana submitted the second 10-year 

CO maintenance plan to the EPA on 

September 19, 2016. In this submission, 

the State utilized the EPA’s option of 

using an LMP to demonstrate continued 

attainment and maintenance of the 

NAAQS, which was available because 

the area could demonstrate design 

values at or below 7.65 ppm (85% of 

exceedance levels of the 8-hour CO 

NAAQS) for eight consecutive quarters.6

The EPA approved the second 10-year 

Montana CO LMP on February 1, 2018 

(83 FR 4597).7 The second 10-year CO 

LMP included the continued use of the 

oxygenated gasoline program for the 

Missoula area as a control measure. 

2. CAA Requirements for the Removal of 

the Oxygenated Gasoline Program as a 

Control Measure in Missoula, Montana 

As noted above, the oxyfuels program 

is included as a control measure in the 

State’s second 10-year CO LMP for the 

Missoula area pursuant to the 

requirements of CAA section 175A(d). 

Montana’s January 30, 2024, SIP 


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8See CAA section 175A(d). 

9See Ctr. for Biological Diversity v. United States 

EPA, 75 F.4th 174, 180–181 (3rd Cir. 2024). 

revision seeks to change the status of 

Missoula’s oxygenated gasoline program 

from a control measure to a contingency 

measure in the Montana SIP. 

Under CAA section 211(m)(6) once a 

nonattainment area subsequently attains 

the CO NAAQS, oxygenated gasoline 

requirements may be removed as a 

control measure, as long as it is: (1) 

demonstrated that it is not needed for 

maintaining the health-based CO 

NAAQS in that area and (2) it is 

retained as a contingency measure. As 

relevant here, CAA section 211(m)(6) 

provides: ‘‘Nothing in this subsection 

shall be interpreted as requiring an 

oxygenated gasoline program in an area 

which is in attainment for carbon 

monoxide.’’ Thus, the Agency 

determines that a CO nonattainment 

area is attaining the CO NAAQS, the 

State would be allowed to submit a SIP 

revision to remove the oxygenated 

gasoline program as a control measure 

so long as the area continues to 

maintain the CO NAAQS. However, the 

control measure must be retained as a 

contingency measure because it is 

contained in the SIP for the area before 

redesignation of the area as an 

attainment area.8

CAA section 110(l) requires that a 

revision to the SIP not interfere with 

any applicable requirement concerning 

attainment and Reasonable Further 

Progress (RFP) (as defined in CAA 

section 171), or any other applicable 

requirement of the Act. The EPA’s 

criterion for determining the 

approvability of Montana’s January 30, 

2024, SIP revision is whether the noninterference demonstration associated 

with the removal of the oxyfuels 

program for the Missoula area satisfies 

CAA section 110(l). 

The EPA evaluates each CAA section 

110(l) non-interference demonstration 

on a case-by-case basis considering the 

circumstances of each SIP revision. The 

degree of analysis focused on any 

NAAQS in a non-interference 

demonstration varies depending on the 

nature of the emissions associated with 

the proposed SIP revision. Regarding 

the SIP revision at issue, the primary 

focus of the 110(l) demonstration is the 

potential increase in CO emissions that 

could result from the change in status of 

the oxyfuels program in the Missoula 

CO LMP area from control measure to 

contingency measure. The oxyfuels 

program only applied in the area during 

its high CO season, November 1 through 

the last day of February of each year. 

Effects on vehicle emissions of other 

criteria pollutants or their precursors 

caused by implementation of an 

oxyfuels program are considerably less 

significant and thus the EPA’s approval 

of the SIP revision would not be 

expected to result in interference for the 

purposes of a 110(l) demonstration. The 

EPA’s analysis of Montana’s January 30, 

2024 SIP revision pursuant to CAA 

section 110(l) is provided below. 

3. EPA’s Analysis of Missoula, 

Montana’s, Noninterference 

Demonstration 

The EPA analyzed emissions 

information to determine whether 

changing the oxyfuels program in the 

Missoula CO LMP area from a control 

measure to a contingency measure 

would interfere with the attainment of 

the NAAQS. An emissions-based 

analysis is appropriate in these 

circumstances because the proposed 

revision, the removal of the Missoula 

oxyfuels program, effects only carbon 

monoxide emissions and leaves other 

air quality variables unchanged.9 As a 

result, the EPA is able to conduct a 

focused assessment of the specific 

relationship between the limited 

revision to the SIP and NAAQS 

attainment. 

To determine whether removal of the 

Missoula oxyfuels program would 

interfere with Missoula’s maintenance 

of the CO NAAQS, the EPA reviewed 

whether removal of the oxyfuels 

program would lead to significant 

increases in onroad vehicle CO 

emissions over the 2010 vehicle 

emissions associated with the lowest CO 

ambient air design value documented in 

the approved Missoula LMP. Missoula 

ceased ambient CO monitoring in the 

maintenance area on March 31, 2011, 

due to low concentrations of CO (82 FR 

43180). The latest complete design 

value for CO in Missoula between 2003– 

2011 was 2.2 ppm, significantly below 

the NAAQS of 9 ppm. The 2.2 ppm 

design value is also significantly below 

the 7.65 ppm threshold for eligibility for 

a CO limited maintenance plan. 

The EPA evaluated CO emissions 

estimates from onroad mobile sources, 

the primary source of CO in the 

Missoula area, using estimates drawn 

from two different models. The 

estimated 2010 winter weekday onroad 

mobile source CO emissions using the 

MOVES3 model is 23.55 tons per day 

and the estimated 2010 winter weekday 

onroad mobile source CO emissions 

using the older MOVES2014 model is 

30.21 tons per day. The emission 

estimates provided by the State of 

Montana in its 2016 LMP request, as 

approved by the EPA, and as found in 

Missoula’s supporting documentation 

for the 110(l) demonstration are 

included in the docket for this proposed 

action. Emission estimates created by 

the EPA with the newer MOVES3 

model, using data provided by Missoula 

and the State of Montana, are also 

provided in the docket for this action. 

The difference in modeled emissions 

between the MOVES2014 and MOVES3 

analyses of the 2010 emissions 

inventory input data is notable for 

reasons described in our Technical 

Support Document (TSD) for this action. 

The lower MOVES3 estimate of 2010 

mobile source CO emissions is believed 

to be attributable to improvements in 

the accuracy of the model’s vehicle 

activity assumptions and emission rates 

with each subsequent model release 

version. Since SIP revisions are required 

to be based on the latest modeling 

assumptions available at the time of the 

revision, we will hereinafter only rely 

on the MOVES3 estimates of 2010 

onroad mobile source CO emissions in 

our analysis of Missoula’s noninterference demonstration. MOVES3 

was the latest model version available at 

the time Missoula was drafting the final 

110(l) demonstration associated with 

this proposed action. 

Missoula also provided winter 

weekday onroad mobile source 

MOVES3 CO emissions estimates for the 

years 2019, 2030 and 2040. Emission 

estimates for these years, with and 

without the oxyfuels program in place, 

are provided in the TSD for this action, 

with the 2010 emissions estimate 

provided for reference and comparison. 

The monitored ambient level of CO in 

the attainment area in 2010 (the last 

time period with ambient air monitoring 

data available) was well below the CO 

NAAQS and modeled CO emissions are 

projected to be trending downward 

during the 2019 to 2040 time period 

even without an active oxyfuels 

program. The EPA finds that the 

removal of the program will cause only 

a transitory, insignificant increase in CO 

emissions and that removal of the 

program will not impact the area’s 

ability to maintain the NAAQS. 

Additionally, it does not appear likely 

that the ambient air concentration of CO 

in the Missoula LMP could exceed the 

85% of the NAAQS qualification 

threshold for an LMP area. The 2010 

emissions inventory available in the 

second ten-year LMP identified on-road 

mobile source CO emissions as 71% of 

all designated area emissions of CO. The 

EPA’s revision of estimated 2010 

emissions using MOVES3 lowers the 

mobile source contribution to total CO 

emissions to around 65%. In both cases, 

onroad mobile sources can be 


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10See https://www.epa.gov/air-trends/air-qualitydesign-values. 11See https://www.epa.gov/air-trends/carbonmonoxide-trends. 12U.S. Environmental Protection Agency, Air 

Emissions Inventories, Air Pollutant Emissions 

Trends Data, National Tier 1 CAPS Trends, 

available at https://www.epa.gov/air-emissionsinventories/air-pollutant-emissions-trends-data as 

of Sept. 20, 2023. 

13U.S. Department of Transportation, Federal 

Highway Administration, Highway Statistics 

(Washington, DC: Annual Issues), table VM–202, 

available at https://www.fhwa.dot.gov/policy

information/statistics.cfm as of Aug. 4, 2023. 

considered the major driver of ambient 

air CO concentrations observed in 2010. 

However, even in a conservative, 

hypothetical case where onroad mobile 

sources generate 100% of the CO 

emissions and all contributions to the 

last observed CO concentration value, 

the small increase in CO emissions 

resulting from the removal of the 

oxyfuels program is not projected to 

endanger maintenance of the NAAQS. 

The EPA review of the most recently 

certified 2021–2022 CO design values 

throughout the 50 states shows a 

maximum valid design value of 4.2 

ppm.10 This is reflective of a significant 

downward trend in CO values 

throughout the country in recent 

decades as more stringent vehicle 

standards and new emission control 

technologies have greatly decreased the 

levels of CO.11 Highway vehicle 

emissions of CO have decreased by over 

40% nationwide over the last decade 

while there has been a national increase 

in vehicle miles travelled of nearly 8% 

over the same period.12 13

Based on this information and 

analysis, the EPA concludes that 

removal of the oxygenated fuels 

program from a control measure to a 

contingency measure in the Missoula, 

MT, CO LMP will not interfere with the 

NAAQS. Thus, the EPA proposes to 

approve the conversion of the 

oxygenated gasoline program from a 

control measure to a contingency 

measure in the Missoula, MT, CO LMP. 

B. Rules Submitted for Revision 

Montana’s January 30, 2024, SIP 

submission includes proposed rule 

revisions in the MCCAPC program, in 

Chapter 10: Fuels, Subchapter 1: 

Oxygenated Fuels Program, specifically: 

Rule 10.102(1): Revised to correct a 

clerical error. 

Rule 10.105(1): Revised to correct a 

spelling error. 

Rule 10.109(1): Revised to remove the 

requirement to annually sample 20% of 

all regulated gasoline storage tanks and 

gasoline blending facilities for the 

oxyfuel program. 

Rule 10.110: Added to specify that the 

oxygenated fuels program ceases when 

authorization to end the program is 

received by the county. 

Rule 10.111: Revision to renumber the 

rule. 

Rule 10.111(2): Added to update the 

federally required contingency 

measures. 

The EPA is proposing to act on the 

revisions listed in this action and will 

act on the additional rule revisions 

listed in the January 30, 2024, SIP 

revision submission in a separate action. 

III. Environmental Justice 

Considerations 

This is a proposed action to change 

the status of the oxyfuels requirement in 

the Missoula CO LMP from an active 

control measure to a contingency 

measure. Information on CO and its 

relationship to negative health impacts 

can be found at 36 FR 8186, April 30, 

1971. We expect that this action will 

have neutral environmental and health 

impacts on all populations in Missoula, 

Montana, including people of color and 

low-income populations. At a 

minimum, this action would not worsen 

existing air quality and is expected to 

ensure the area is meeting requirements 

to attain and/or maintain NAAQS. 

Further, there is no information in the 

record indicating that this action is 

expected to have disproportionately 

high or adverse human health or 

environmental effects on a particular 

group of people. 

IV. Proposed Action 

For the reasons explained above, the 

EPA is proposing to approve Montana’s 

January 30, 2024 SIP revisions seeking 

to revise various air quality rules and to 

remove the oxygenated gasoline 

program from Montana’s SIP. The EPA 

has the authority to approve removal of 

a state’s oxygenated gasoline program as 

specified in CAA section 211(m)(6) and 

has determined that the criteria of CAA 

section 211(m)(6) have been satisfied. 

The EPA is proposing to agree with 

Montana’s technical demonstration that 

removal of the program from the SIP 

will not interfere with continued 

attainment or maintenance of any 

applicable NAAQS or with any other 

applicable requirement of the CAA, and 

that the requirements of CAA section 

110(l) have been satisfied. Specifically, 

the EPA is proposing to revise the 

MCCAPC oxyfuels program rules, 

Chapter 10: Fuels, Subchapter 1: 

Oxygenated Fuels Program, rules 

10.102(1), 10.105(1), 10.109(1), 10.110, 

10.111, 10.111(2) as submitted in the 

Montana January 30, 2024, submission. 

V. Incorporation by Reference 

In this document, the EPA is 

proposing to include regulatory text in 

an EPA final rule that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is proposing to 

incorporate by reference the MCCAPC 

oxyfuels program rules, Chapter 10: 

Fuels, Subchapter 1: Oxygenated Fuels 

Program, rules 10.102(1), 10.105(1), 

10.109(1), 10.110, 10.111, 10.111(2) 

described in sections II. and IV. of this 

preamble. The EPA has made, and will 

continue to make, these materials 

generally available through 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). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• 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); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 199 / Tuesday, October 15, 2024 / Proposed Rules 82957 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have Tribal implications and will 

not impose substantial direct costs on 

Tribal governments or preempt Tribal 

law as specified by Executive Order 

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

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ The Montana Department of 

Environmental Quality (MDEQ) did not 

evaluate EJ considerations as part of its 

SIP submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have 

neutral impacts on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this action, and there 

is no information in the record 

inconsistent with the stated goal of E.O. 

12898 of achieving EJ for people of 

color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: September 19, 2024. 

KC Becker, 

Regional Administrator, Region 8. 

[FR Doc. 2024–23589 Filed 10–11–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 199 

[Docket DOT–OST–2022–0027] 

RIN 2105–AF01 

Electronic Signatures, Forms and 

Storage for Drug and Alcohol Testing 

Records 

AGENCY: Office of the Secretary, 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Department of 

Transportation (DOT or Department) 

proposes to amend its regulations for 

conducting workplace drug and alcohol 

testing for the federally regulated 

transportation industry to allow, but not 

require, electronic signatures on 

documents required to be created and 

utilized under the regulations, the use of 

electronic versions of forms, and the 

electronic storage of forms and data. The 

regulatory changes would apply to DOTregulated employers and their 

contractors (‘‘service agents’’) who 

administer their DOT-regulated drug 

and alcohol testing programs. Currently, 

employers and their service agents must 

use, sign and store paper documents 

exclusively, unless the employer is 

utilizing a laboratory’s electronic 

Federal Drug Testing Custody and 

Control Form (electronic CCF) system 

that has been approved by the 

Department of Health and Human 

Services (HHS). DOT is required by 

statute to amend its regulations to 

authorize, to the extent practicable, the 

use of electronic signatures or digital 

signatures executed to electronic forms 

instead of traditional handwritten 

signatures executed on paper forms. 

This rulemaking also responds to an 

April 2, 2020, petition for rulemaking 

from DISA Global Solutions, Inc. 

(DISA), requesting that DOT regulations 

be amended to allow the use of an 

electronic version of the alcohol testing 

form (ATF) for DOT-authorized alcohol 

testing. The proposed regulatory 

amendments are expected to provide 

additional flexibility and reduced costs 

for the industry while maintaining the 

integrity and confidentiality 

requirements of the drug and alcohol 

testing regulations. In addition, DOT 

proposes to amend the Pipeline and 

Hazardous Materials Safety 

Administration (PHMSA) regulation for 

conformity and to make other 

miscellaneous technical changes and 

corrections. 

DATES: Comments on this NPRM must 

be received on or before December 16, 

2024. 

ADDRESSES: You may submit comments 

identified by Docket Number DOT– 

OST–2022–0027 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

DOT-OST-2022-0027/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m. ET, Monday through Friday, except 

Federal holidays. To be sure someone is 

there to help you, please call (202) 366– 

9317 or (202) 366–9826 before visiting 

Dockets Operations. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB). 

FOR FURTHER INFORMATION CONTACT: 

Mike Huntley, Office of Drug and 

Alcohol Policy and Compliance, 1200 

New Jersey Avenue SE, Washington, DC 

20590; telephone number 202–366– 

3784; ODAPCwebmail@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: This 

NPRM is organized as follows: 

I. Executive Summary 

II. Public Participation and Request for 

Comments 


khammond on DSKJM1Z7X2PROD with PROPOSALS