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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5695-5697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00220]

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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.

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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: [email protected].

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.
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    \1\ See https://www.epa.gov/environmentaljustice/learn-about-environmental-justice.
    \2\ Id.
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    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

[[Page 5696]]

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.
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    \3\ The EJSCREEN tool is available at https://www.epa.gov/ejscreen.
    \4\ See 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.
    \6\ For 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.
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    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.
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    \7\ For 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.
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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.

[[Page 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

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

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

Subpart BB--Montana

Sec.  52.1392  [Amended]

0
2. In Sec.  52.1392, remove and reserve paragraph (i).

[FR Doc. 2025-00220 Filed 1-16-25; 8:45 am]
BILLING CODE 6560-50-P
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