Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5695 

1See https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

2 Id. 

TABLE 6—ADDITIONAL REGULATIONS APPROVED FOR THE OLYMPIC REGION CLEAN AIR AGENCY (ORCAA) JURISDICTION

[Applicable in Clallam, Grays Harbor, Jefferson, Mason, Pacific, and Thurston counties, excluding facilities subject to Energy Facilities Site Evaluation Council (EFSEC) jurisdiction; facilities subject to the Washington Department of Ecology’s direct jurisdiction under Chapters 173–405, 

173–410, and 173–415 Washington Administrative Code (WAC); Indian reservations; any other area where the EPA or an Indian tribe has 

demonstrated that a tribe has jurisdiction; and the Prevention of Significant Deterioration (PSD) permitting of facilities subject to the applicability sections of WAC 173–400–700.] 

State/local citation Title/subject 

State/local 

effective 

date 

EPA approval date Explanations 

Olympic Region Clean Air Agency Regulations 

Rule 6.2 Outdoor Burning 

*******

6.2.7 ....................... Recreational Burning .............................. 3/6/23 1/17/2025, [INSERT FIRST PAGE OF 

Federal Register CITATION].

*******

* * * * * 

[FR Doc. 2025–00559 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2023–0587; FRL–11571– 

02–R8] 

Revisions to the Federal 

Implementation Plan for the Billings/ 

Laurel, Montana, Sulfur Dioxide Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is revising a Federal 

Implementation Plan (FIP) applicable to 

sulfur dioxide (SO2) emissions from four 

sources located in Billings and Laurel, 

Montana. Specifically, the EPA is 

revising a portion of the FIP 

promulgated by the EPA in 2008 (2008 

Billings/Laurel SO2 FIP) by removing a 

provision which contained an 

affirmative defense for exceedances of 

flare emission limits during 

malfunctions, startups, and shutdowns. 

The EPA is taking this action pursuant 

to the Clean Air Act (CAA). 

DATES: This rule is effective on February 

18, 2025. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2023–0587. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Adam Clark, Air and Radiation 

Division, EPA, Region 8, Mail code 

8ARD–IO, 1595 Wynkoop Street, 

Denver, Colorado, 80202–1129, 

telephone number: (303) 312–7104, 

email address: clark.adam@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 15, 

2024, proposal (89 FR 82948). In that 

document we proposed to revise the 

2008 Billings/Laurel SO2 FIP by 

removing the portion of the FIP found 

at 40 CFR 52.1392(i), titled ‘‘Affirmative 

defense provisions for exceedances of 

flare emission limits during 

malfunctions, startups, and 

shutdowns.’’ We received one comment 

on this proposal. 

II. Response to Comments 

Comment: The EPA received one 

comment on this proposal from an 

individual commenter. The commenter 

expressed support for the EPA’s 

proposed action, noting the harms of 

SO2 pollution and the importance of 

protecting the communities near 

impacted sources. 

Response: The EPA acknowledges this 

supportive comment. 

III. Final Action 

The EPA is revising the 2008 Billings/ 

Laurel SO2 FIP by removing section 

52.1392(i) and all of the provisions 

therein, including paragraphs sections 

52.1392 (i)(1)–(3). 

IV. Environmental Justice 

Considerations 

The EPA defines environmental 

justice (EJ) as ‘‘the fair treatment and 

meaningful involvement of all people 

regardless of race, color, national origin, 

or income with respect to the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies.’’ 1 The EPA 

further defines the term ‘‘fair treatment’’ 

to mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 2 Recognizing the importance 

of these considerations to local 

communities, the EPA conducted an EJ 

screening analysis around the location 

of the facilities associated with this 

action to evaluate environmental and 

demographic indicators for the areas 

impacted by this final action. However, 

the EPA is providing the information 

associated with this analysis for 

informational purposes only. The 

information provided herein is not a 

basis of this action. 

The EPA conducted the screening 

analyses using EJScreen, an EJ mapping 

and screening tool that provides the 

EPA with a nationally consistent dataset 

and approach for combining various 

environmental and demographic 


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5696 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

3The EJSCREEN tool is available at https://

www.epa.gov/ejscreen. 

4See https://www.census.gov/programs-surveys/ 

geography/about/glossary.html. 

5 In addition, EJSCREEN relies on the five-year 

block group estimates from the U.S. Census 

American Community Survey. The advantage of 

using five-year over single-year estimates is 

increased statistical reliability of the data (i.e., 

lower sampling error), particularly for small 

geographic areas and population groups. For more 

information, see https://www.census.gov/content/ 

dam/Census/library/publications/2020/acs/acs_

general_handbook_2020.pdf. 

6For additional information on environmental 

indicators and proximity scores in EJSCREEN, see 

‘‘EJSCREEN Environmental Justice Mapping and 

Screening Tool: EJSCREEN Technical 

Documentation,’’ chapter 3 and appendix C 

(September 2019) at https://www.epa.gov/sites/ 

default/files/2021-04/documents/ejscreen_

technical_document.pdf. 

7For a place at the 80th percentile nationwide, 

that means 20 percent of the U.S. population has 

a higher value. The EPA identified the 80th 

percentile filter as an initial starting point for 

interpreting EJScreen results. The use of an initial 

filter promotes consistency for the EPA’s programs 

and regions when interpreting screening results. 

indicators.3 The EJScreen tool presents 

these indicators at a census block group 

(CBG) level or a larger user-specified 

‘‘buffer’’ area that covers multiple 

CBGs.4 An individual CBG is a cluster 

of contiguous blocks within the same 

census tract and generally contains 

between 600 and 3,000 people. EJScreen 

is not a tool for performing in-depth risk 

analysis, but is instead a screening tool 

that provides an initial representation of 

indicators related to EJ and is subject to 

uncertainty in some underlying data 

(e.g., some environmental indicators are 

based on monitoring data which are not 

uniformly available; others are based on 

self-reported data).5 For informational 

purposes, we have summarized 

EJScreen data within larger ‘‘buffer’’ 

areas covering multiple block groups 

and representing the average resident 

within the buffer areas surrounding the 

facilities. EJScreen environmental 

indicators help screen for locations 

where residents may experience a 

higher overall pollution burden than 

would be expected for a block group 

with the same total population in the 

U.S. These indicators of overall 

pollution burden include estimates of 

ambient particulate matter (PM2.5) and 

ozone concentration, a score for traffic 

proximity and volume, percentage of 

pre-1960 housing units (lead paint 

indicator), and scores for proximity to 

Superfund sites, risk management plan 

(RMP) sites, and hazardous waste 

facilities.6 EJScreen also provides 

information on demographic indicators, 

including percent of low-income, 

communities of color, linguistic 

isolation, and less than high school 

education. 

The EPA prepared EJScreen reports 

covering buffer areas of approximately 

five kilometers around the four facilities 

subject to the 2008 Billings/Laurel SO2

FIP. From those reports, no facilities 

showed EJ indices greater than the 80th 

national percentiles.7 The full, detailed 

EJScreen reports are provided in the 

docket for this rulemaking. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is exempt from review 

under Executive Order 12866, as 

amended by Executive Order 14094, as 

it is not a rule of general applicability. 

This action specifically applies to 4 

facilities in the State of Montana. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act (PRA), because it revises the 

reporting requirements for 4 facilities in 

the State of Montana. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities as no small entities are subject 

to the requirements of this rule. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action imposes no enforceable duty on 

any State, local, or Tribal governments 

or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications, as specified in Executive 

Order 13175, because this rule would 

not apply on any Indian reservation 

land or in any other area where the EPA 

or an Indian Tribe has demonstrated 

that the Tribe has jurisdiction, and it 

will not impose substantial direct costs 

on Tribal governments or preempt 

Tribal law. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997). The EPA interprets Executive 

Order 13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it merely removes a provision 

from the 2008 Billings/Laurel SO2 FIP 

that is inconsistent with the 

requirements of the CAA. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

The EPA believes that it is not 

practicable to assess whether the human 

health or environmental conditions that 

exist prior to this action result in 

disproportionate and adverse effects on 

communities with environmental justice 

concerns. While the EPA has identified 

the sources that would be impacted by 

this action, the EPA cannot quantify the 

baseline conditions and impacts the 

affirmative defense provisions have had 

on these sources, nor can we project 

potential emissions impacts from these 

sources as a result of this action. 

However, the EPA expects that this 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5697 

K. Determination Under Section 307(d) 

Pursuant to CAA section 307(d)(1)(B), 

this action is subject to the requirements 

of CAA section 307(d), as it promulgates 

a FIP under CAA section 110(c). 

L. Congressional Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. 

M. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 18, 2025. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review, does not 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Jane Nishida, 

Acting Administrator. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency is amending 40 CFR part 52 as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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. 2025–00220 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 59 

[EPA–HQ–OAR–2006–0971; FRL–7966–03– 

OAR] 

RIN 2060–AU94 

National Volatile Organic Compound 

Emission Standards for Aerosol 

Coatings Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is finalizing 

amendments to the National Volatile 

Organic Compound Emission Standards 

for Aerosol Coatings. This action revises 

national emission standards for the 

aerosol coatings (aerosol spray paints) 

category under the Clean Air Act (CAA), 

which requires control of volatile 

organic compound (VOC) emissions 

from certain categories of consumer and 

commercial products for purposes of 

reducing VOC emissions contributing to 

ozone formation and ozone 

nonattainment. The regulation employs 

a relative reactivity-based approach to 

control aerosol coating products’ 

contribution to ozone formation by 

encouraging the use of less reactive VOC 

ingredients in formulations. In this final 

rule, the EPA is updating coating 

category product-weighted reactivity 

(PWR) limits, adding new compounds 

and reactivity factors, updating existing 

reactivity factors, revising the rule’s 

default reactivity factor, amending 

thresholds for VOC regulated by the 

rule, amending reporting requirements, 

updating test methods to reflect more 

recent versions, adding a new 

compliance date, and making clarifying 

edits. 

DATES: Effective date. The effective date 

of this final rule is January 17, 2025. 

The incorporation by reference of 

certain material listed in this rule is 

approved by the Director of the Federal 

Register as of January 17, 2025. The 

incorporation by reference of certain 

other material listed in this rule was 

approved by the Director of the Federal 

Register as of March 24, 2008. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2006–0971. All 

documents in the dockets are listed on 

the www.regulations.gov website. 

Although listed, some information is not 

publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through 

www.regulations.gov, or in hard copy at 

the EPA Docket Center, WJC West 

Building, Room Number 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room hours of 

operation are 8:30 a.m. to 4:30 p.m. 

Eastern Standard Time (EST), Monday 

through Friday. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

information about the National Volatile 

Organic Compound Emission Standards 

for Aerosol Coatings, contact Kaye 

Whitfield, U.S. EPA, Office of Air 

Quality Planning and Standards, Sector 

Policies and Programs Division, 

Minerals and Manufacturing Group 

(D243–02), Research Triangle Park, 

North Carolina 27711; telephone 

number: (919) 541–2509; fax number 

(919) 541–4991; and email address: 

whitfield.kaye@epa.gov. For questions 

related to enforcement, contact John 

Cox, Office of Enforcement and 

Compliance Assurance, U.S. 

Environmental Protection Agency, U.S. 

EPA WJC South Building (2221A), 

Pennsylvania Avenue NW, Washington, 

DC 20460; telephone number: (202) 

564–1395 and email address: cox.john@

epa.gov. For questions related to 

reporting, contact the EPA Regional 

Office where the regulated entity is 

located. For a complete list, see 

Addresses of EPA regional offices in 40 

CFR 59.512. 

SUPPLEMENTARY INFORMATION: 

Preamble acronyms and 

abbreviations. Throughout this 

document the use of ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ is intended to refer to the EPA. 

We use multiple acronyms and terms in 

this preamble. While this list may not be 

exhaustive, to ease the reading of this 

preamble and for reference purposes, 

the EPA defines the following terms and 

acronyms here: 

ACA American Coatings Association 

ASTM American Society for Testing and 

Materials 

CARB California Air Resources Board 

CAA Clean Air Act 

CBI Confidential Business Information 

CDX Central Data Exchange 

CEDRI Compliance and Emissions Data 

Reporting Interface 

CFR Code of Federal Regulations 

CRA Congressional Review Act 

EJ Environmental Justice 

EPA Environmental Protection Agency 


KHAMMOND on DSK9W7S144PROD with RULES