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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4655-4658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00380]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2023-0473; FRL-12257-02-R8]

Air Plan Approval; Montana; Missoula, Montana Oxygenated Fuels 
Program Removal, Carbon Monoxide, Limited Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Montana Department 
of Environmental Quality (MDEQ or ``the State''), on January 30, 2024, 
requesting to change the status of gasoline requirements (the 
``oxygenated fuels'' or ``oxyfuels'' program) in the Missoula, Montana 
Carbon Monoxide (CO) Limited Maintenance Plan (LMP) from active control 
measure to a contingency measure. The SIP revision contains a non-
interference demonstration under the Clean Air Act (CAA), which 
concludes that converting the oxygenated gasoline program from a 
control measure to a contingency measure in the Missoula CO LMP would 
not interfere with attainment or maintenance of the CO National Ambient 
Air Quality Standard (NAAQS). The EPA is finalizing approval of 
Montana's SIP submittal pursuant the CAA.

DATES: This rule is effective on February 18, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-OAR-2023-0473. All documents in the docket are 
listed on the http://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available through http://www.regulations.gov, or please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Amrita Singh, Air and Radiation 
Division, EPA, Region 8, Mailcode 8ARD-IO, 1595 Wynkoop Street,

[[Page 4656]]

Denver, Colorado 80202-1129, (303) 312-6103, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our 
October 15, 2024, proposal (89 FR 82953). In that document we proposed 
to approve a SIP revision submitted by Montana on January 30, 2024. The 
submission included a request to change the status of the oxyfuels 
program in Missoula CO LMP from an active control measure to a 
contingency measure, as well as several ministerial and conforming 
changes to the related State regulations. To support the request, 
Montana's January 30, 2024 SIP revision contains technical support 
materials to demonstrate the removal of the rules as control measures 
will not interfere with attainment or maintenance of the CO NAAQS or 
with any other applicable requirement of the CAA. Specifically, the SIP 
revision addresses State regulations amended in the Missoula City-
County Air Pollution Control (MCCAPC) program rules, Chapter 10: Fuels, 
Subchapter 1: Oxygenated Fuels Program, rules. 10.102(1), 10.105(1), 
10.109(1), 10.110, 10.111, 10.111(2). In our proposed rulemaking, the 
EPA's analysis of Montana's January 30, 2024 SIP revision was organized 
into two parts under section II of this preamble. Part A provided the 
background, analysis, and discussion of non-interference demonstration 
for the change in status of Montana's oxyfuels program from a control 
measure to a contingency measure in the federally approved Montana SIP; 
Part B contained information regarding the rules submitted for revision 
in the MCCAPC Chapter 10: Fuels, Subchapter 1: Oxygenated Fuels 
Program. The EPA is finalizing to act on the revision listed in the 
action.
    We received one comment on the proposed rulemaking. Our response to 
the comment is found below.

II. Response to Comments

    Comment: The commenter stated that they are in favor of the 
proposed rulemaking and believe it will help reduce pollution by 
reducing reliance on carbon-based fuels. The commenter also expressed 
that this rule would move society toward a greener future and reduce 
the influence of oil companies.
    Response: We appreciate the commenter's support for the proposed 
rulemaking. However, the comment is outside the scope of this action, 
as this rulemaking is limited to approving a SIP revision reclassifying 
the oxygenated gasoline program in the Missoula CO LMP from a control 
measure to a contingency measure.

III. Final Action

    For the reasons explained in our proposal, the EPA is finalizing 
its approval of Montana's January 30, 2024 SIP revision seeking to 
revise various air quality rules and to remove the oxygenated gasoline 
program from Montana's SIP as a control measure and make it a 
contingency measure instead. The EPA has the authority to approve 
removal of a State's oxygenated gasoline program as specified in CAA 
section 211(m)(6) and has determined that the criteria of CAA section 
211(m)(6) has been satisfied. The EPA has determined that Montana has 
demonstrated that removal of the oxygenated fuels program from the SIP 
will not interfere with continued attainment or maintenance of any 
applicable NAAQS or with any other applicable requirement of the CAA, 
and that the requirements of CAA section 110(l) have been satisfied. As 
a result, the EPA is finalizing its approval of the changes to the 
MCCAPC oxyfuels program rules, Chapter 10: Fuels, Subchapter 1: 
Oxygenated Fuels Program, rules 10.102(1), 10.105(1), 10.109(1), 
10.110, 10.111, 10.111(2) as submitted by Montana on January 30, 2024.

IV. Incorporation by Reference

    In this document, the EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
revised MCCAPC oxyfuels program rules, Chapter 10: Fuels, Subchapter 1: 
Oxygenated Fuels Program, rules 10.102(1), 10.105(1), 10.109(1), 
10.110, 10.111, 10.111(12). These rules revise various air quality 
regulations by correcting spelling and other clerical errors and remove 
the oxygenated gasoline program from Montana's SIP. The EPA is 
finalizing the incorporation by reference of the regulations described 
in the amendments to 40 CFR part 52 set forth below. The EPA has made, 
and will continue to make, these materials generally available through 
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). Therefore, these materials have 
been approved by the EPA for inclusion in the SIP, have been 
incorporated by reference by the EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of the EPA's approval, and will 
be incorporated by reference in the next update to the SIP 
compilation.\1\
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    \1\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     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, 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);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the rule does not have

[[Page 4657]]

Tribal implications and will not impose substantial direct costs on 
Tribal governments or preempt Tribal law as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.'' The MDEQ did not 
evaluate EJ considerations as part of its SIP submittal; the CAA and 
the applicable implementing regulations neither prohibit nor require 
such an evaluation. EPA did not perform an EJ analysis and did not 
consider EJ in this action. Due to the nature of the action being taken 
here, this action is expected to have neutral impacts on the air 
quality of the affected area. Consideration of EJ is not required as 
part of this action, and there is no information in the record 
inconsistent with the stated goal of E.O. 12898 of achieving EJ for 
people of color, low-income populations, and Indigenous people.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by March 17, 2025. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Greenhouse gases, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: January 2, 2025.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, the EPA amends 40 CFR 
part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart BB--Montana

0
2. In Sec.  52.1370, the table in paragraph (c) under 
(c)(2)(iv)(``Missoula County''), is amended by:
0
a. Revising the table entries for ``10.102,''10.105,'' 10.109,'' and 
``10.110;''
0
b. Adding in numerical order the table entry for ``10.111''.
    The revisions and addition read as follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *

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                                                 State
     State citation           Rule title       effective    EPA final       Final rule            Comments
                                                  date      rule date        citation
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                                                  * * * * * * *
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                                               (2) County Specific
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                                                  * * * * * * *
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                                              (iv) Missoula County
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                                                  * * * * * * *
10.102..................  Definitions.......    1/16/2024    1/16/2025  [insert first page
                                                                         of Federal
                                                                         Register
                                                                         citation].
 
                                                  * * * * * * *
10.105..................  Oxygenate Blending    1/16/2024    1/16/2025  [insert first page
                           Facility                                      of Federal
                           Requirements.                                 Register
                                                                         citation].
 
                                                  * * * * * * *
10.109..................  Registration Fees.    1/16/2024    1/16/2025  [insert first page
                                                                         of Federal
                                                                         Register
                                                                         citation].

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10.110..................  When Authorized by    1/16/2024    1/16/2025  [insert first page  ....................
                           the Federal                                   of Federal
                           Government--Cessa                             Register
                           tion of                                       citation].
                           Oxygenated Fuels
                           Program.
10.111..................  Contingency           1/16/2024    1/16/2025  [insert first page
                           Measure.                                      of Federal
                                                                         Register
                                                                         citation].
 
                                                  * * * * * * *
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[FR Doc. 2025-00380 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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