[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27209-27211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09619]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2025-2070; FRL-13177-02-R8]
Air Plan Approval; Montana; Revisions to Western Sugar
Stipulation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
revisions to the Montana State Implementation Plan (SIP). These
revisions specifically address sulfur dioxide (SO2) emission
limits and associated requirements related to the Western Sugar
Cooperative facility in Billings, Montana. The EPA is taking this
action pursuant to the Clean Air Act (CAA).
DATES: This rule is effective on June 15, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R08-OAR-2025-2070. 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, Mailcode 8ARD-IO, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number: (303) 312-7104, email address:
[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
January 23, 2026 proposal (91 FR 2892). In that document we proposed to
approve Montana's September 25, 2025 revisions to Exhibit A of a 1998
Stipulation adopting an SO2 control plan for the Billings
Western Sugar Cooperative facility (hereon ``Western Sugar
Stipulation'') into the Montana SIP. These revisions included the
removal of the continuous emission monitor and flow rate monitor
requirements on the boiler house stack, replacement of the 190-day
annual campaign limit with a heat input limit, removal of the
SO2 emission limits and monitoring and reporting
requirements for the pulp dryer units and the addition of a requirement
to burn natural gas, and the removal of ``facility modifications''
requirements, which have already been completed.
We received four comments, all from individuals, on our January 23,
2026 proposed approval. Our responses to the comments are below.
II. Response to Comments
Comment: All of the commenters expressed support for the EPA's
proposed action.
Response: The EPA acknowledges and appreciates the comments in
support of this rulemaking action.
Comment: One commenter generally stated that there should be more
[[Page 27210]]
resources allocated to the regulation and monitoring of methane.
Response: The EPA acknowledges the comment. However, we do not find
the comment to be sufficiently specific or relevant to the action we
are taking today to warrant a specific response.
III. Final Action
The EPA is approving Montana's September 25, 2025 revisions to
Exhibit A of the Western Sugar Stipulation into the Montana SIP. The
EPA is taking this action pursuant to the CAA.
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
``Western Sugar June 12, 1998 Exhibit A. Emission Limitations and Other
Conditions,'' as discussed in section I. 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). 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 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 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 Order 12866 (58
FR 51735, October 4, 1993);
Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant under
Executive Order 12866;
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian Tribe
has demonstrated that a Tribe has jurisdiction. In those areas of
Indian country, the 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).
The Congressional Review Act (CRA), 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. Section 804, however, exempts from
section 801 the following types of rules: rules of particular
applicability; rules relating to agency management or personnel; and
rules of agency organization, procedure, or practice that do not
substantially affect the rights or obligations of non-agency parties. 5
U.S.C. 804(3). Because this is a rule of particular applicability, the
EPA is not required to submit a rule report regarding this action under
section 801.
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 July 13, 2026. 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, Incorporation by
reference, Intergovernmental relations, Lead, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: May 5, 2026.
Cyrus M. Western,
Regional Administrator, Region 8.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended 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, amend the table in paragraph (d) under the entry
``(11) Yellowstone County:'' by revising the entry ``Western Sugar June
12, 1998 Exhibit A. Emission Limitations and Other Conditions'' to read
as follows:
Sec. 52.1370 Identification of plan.
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(d) * * *
[[Page 27211]]
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State effective Notice of final
Title/subject date rule date NFR citation
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(11) Yellowstone County:
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Western Sugar June 12, 1998 Exhibit A. 8/29/2025 5/14/2026 91 FR [insert FEDERAL REGISTER
Emission Limitations and Other Conditions. page where the document
begins].
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[FR Doc. 2026-09619 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P