[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Proposed Rules]
[Pages 76013-76016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20997]


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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.

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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: 
[email protected].

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.
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    \1\ See MDEQ Missoula Submission Receipt--01.30.24 in docket.
    \2\ See Montana January 30, 2024, submittal, p. 98.
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    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:

[[Page 76014]]

    A--Approve.
    N--No action.

 Table 1--Summary of Revisions to the Missoula City-County Air Pollution Control Program, Proposed for Approval
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                Revisions to the Missoula City-County Air Pollution Control Program (MCCAPC) \1\
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            MCCAPC chapter                 MCCAPC rule(s): description of revision(s)          EPA proposal
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Chapter 1: Program Authority and       1.105(5): Grammatical correction.................  A
 Administration.
Chapter 2: Definitions...............  2.101(22): Update hazardous waste definition,      A
                                        consistency with state rule.
                                       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           3.101: Corrected wording.........................  A
 Standards.
                                       3.103: Reference correction......................
Chapter 4: Missoula County, Air        4.104(1-4): Formatting and spelling correction...  A
 Stagnation and Emergency Episode      4.108(1): Grammatical correction.................
 Avoidance Plan.                       4.108(2)(a): Corrected wording...................
                                       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    6.103(4): Revision allows for up to two, 12-month  A
 (Industrial) Sources.                  extensions on air quality permit when
                                        construction, installation or alteration was not
                                        completed within 36 months of initial issuance
                                        of air quality permit.
                                       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  9.102(3): Defines `central heater'...............  A
 (Wood Burning Stoves).                9.102(6): Revision changes `EPA method'
                                        definition to include all parts of subpart AAA
                                        and adds 40 CFR part 60, subpart QQQQ.

[[Page 76015]]

 
                                       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            14.107(1): Revision specifics 15-day time limit
 Administrative Procedures.             for hearing request of control board if there is
                                        a disagreement on administrative conclusion,
                                        decision.
                                       14.107(2): Spelling correction...................  A
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\1\ See Montana January 30, 2024, submittal, pp. 145-148 for additional detail on rule revision descriptions.
\2\ The 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);

[[Page 76016]]

     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]
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