[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1061]
[Federal Register: January 18, 1994]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MT9-1-6134 & MT13-1-6133; FRL-4807-5]
Clean Air Act Approval and Promulgation of PM10
Implementation Plan for Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: In this action, EPA approves the State implementation plan
(SIP) submitted by the State of Montana to achieve attainment of the
National ambient air quality standards (NAAQS) for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM10). The SIP was submitted by Montana to satisfy
certain Federal requirements for an approvable moderate nonattainment
area PM10 SIP for Missoula. In this final rule, EPA also approves
the Missoula City-County Air Pollution Control Program, except several
rules regarding emergency procedures, permitting, open burning, wood-
waste burners, new source performance standards, hazardous air
pollutant standards, and variances. EPA will propose separate action on
these rules when the State fulfills its related commitments. One
commitment has been fulfilled (see the This Action section of this
document for more information). If the State fails to fulfill the
remainder of its commitments, EPA will take appropriate action.
Further, EPA is declining to take action on Missoula's odor provisions.
EFFECTIVE DATE: This rule will become effective on February 17, 1994.
ADDRESSES: Copies of the State's submittal and other information are
available for inspection during normal business hours at the following
locations: Environmental Protection Agency, Region VIII, Air Programs
Branch, 999 18th Street, Suite 500, Denver, Colorado 80202-2405;
Montana Department of Health and Environmental Sciences, Air Quality
Bureau, Cogswell Building, Helena, Montana 59620-0901; and Mr. Jerry
Kurtzweg, ANR-443, Environmental Protection Agency, 401 M Street, SW.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region VIII, (303) 293-1769.
The Missoula, Montana area was designated nonattainment for
PM10 and classified as moderate under sections 107(d)(4)(B) and
188(a) of the Clean Air Act, upon enactment of the Clean Air Act
Amendments of 1990.1 See 56 FR 56694 (November 6, 1991); 40 CFR
81.327 (Missoula and vicinity). The air quality planning requirements
for moderate PM10 nonattainment areas are set out in subparts 1
and 4 of part D, title I of the Act.
\1\The 1990 Amendments to the Clean Air Act made significant
changes to the air quality planning requirements for areas that do
not meet (or that significantly contribute to ambient air quality in
a nearby area that does not meet) the PM10 National Ambient Air
Quality Standards (see Public Law No. 101-549, 104 Stat. 2399).
References herein are to the Clean Air Act, as amended (``the
Act''), 42 U.S.C. 7401, et seq.
EPA has issued a ``General Preamble'' describing its preliminary
views on how EPA intends to review SIPs and SIP revisions submitted
under title I of the Act, including those State submittals containing
moderate PM10 nonattainment area SIP requirements (see generally
57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)). Because
EPA is describing its interpretations here only in broad terms, the
reader should refer to the General Preamble for a more detailed
discussion of the interpretations of title I advanced in this final
action and the supporting rationale.
Those States containing initial moderate PM10 nonattainment
areas (i.e., those areas designated nonattainment for PM10 under
section 107(d)(4)(B) of the Act) were required to submit, among other
things, the following provisions by November 15, 1991:
1. Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology (RACT)) shall be implemented no
later than December 10, 1993;
2. Either a demonstration (including air quality modelling) that
the plan will provide for attainment as expeditiously as practicable
but no later than December 31, 1994, or a demonstration that attainment
by that date is impracticable;
3. Quantitative milestones which are to be achieved every 3 years
and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM10 also apply to major stationary
sources of PM10 precursors except where the Administrator
determines that such sources do not contribute significantly to
PM10 levels which exceed the NAAQS in the area. See sections
172(c), 188, and 189 of the Act.
Some provisions are due at a later date. States with initial
moderate PM10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM10 by June 30, 1992 (see section 189(a)).
Such States also must submit contingency measures by November 15, 1993
that become effective without further action by the State or EPA, upon
a determination by EPA that the area has failed to achieve RFP or to
attain the PM10 NAAQS by the applicable statutory deadline. See
section 172(c)(9) and 57 FR 13543-13544.
On September 15, 1993, EPA announced its proposed approval of the
Missoula, Montana moderate nonattainment area PM10 SIP, including
parts of the Missoula City-County Air Pollution Control Program, as
meeting those moderate nonattainment area PM10 SIP requirements
due on November 15, 1991 (58 FR 48339-48343). In that proposed
rulemaking action and related Technical Support Document (TSD), EPA
described in detail its interpretations of title I and its rationale
for proposing to approve the Missoula moderate nonattainment area
PM10 SIP, taking into consideration the specific factual issues
EPA requested public comments on all aspects of the proposal
(please reference 58 FR 48343), and comments from the State of Montana
and Stone Container Corporation were received during the comment
period, which ended on October 15, 1993. (For further discussion of
these public comments, please see below and the Addendum to the TSD for
EPA's proposed rulemaking action on this SIP.) This final action on the
Missoula moderate nonattainment area PM10 SIP, and portions of the
Missoula City-County Air Pollution Control Program, is unchanged from
the September 15, 1993 proposed approval action, except for two
typographical errors noted by EPA. First, in the table describing
sources, controls, emission reductions, and effective dates, the
effective date for the Louisiana-Pacific permit modification should
have been listed as March 20, 1992 instead of January 23, 1992, as
indicated. Second, under the Enforceability Issues section, the final
modification date for Stone Container Corporation's air quality permit
#2589-M should have been January 23, 1992 instead of November 25, 1992,
The discussion herein provides only a broad overview of the
proposed action EPA is now finalizing. The public is referred to the
September 15, 1993 proposed rule for a more in-depth discussion of the
action now being finalized.
II. Response to Comments
EPA did not receive any adverse public comments regarding its
September 15, 1993 proposed approval of the Missoula moderate
nonattainment area PM10 SIP (58 FR 48339-48343). However, the
State of Montana submitted comments for clarification purposes, and
Stone Container Corporation submitted comments to express general
support for EPA's action. Comments were as follows.
In a letter dated September 24, 1993 from Jeff Chaffee, Montana
Department of Health and Environmental Sciences, to Amy Platt, EPA, and
through verbal communications, the State indicated that since
submitting the original moderate nonattainment area PM10 SIP for
Missoula, it discovered a minor arithmetic error in its 24-hour
attainment and maintenance demonstrations, as well as an error in the
way it had addressed background concentrations in both the 24-hour and
annual attainment and maintenance demonstrations. The background
concentrations, i.e., naturally occurring PM10 concentrations that
cannot be controlled, had not been subtracted from the 24-hour and
annual design values before apportioning the credits derived from the
outlined control measures. The State has corrected these calculations,
and with the adjustments, the 24-hour and annual attainment values
(i.e., ambient PM10 air quality levels achieved by 19952) are
as follows: 143.8 g/m3 and 44.7 g/m3,
respectively. (Before these adjustments, the 24-hour and annual
attainment values were 142.1 g/m3 and 45.3 g/
m3, respectively.) The adjusted 24-hour and annual maintenance
values (i.e., ambient PM10 air quality levels maintained through
January 1, 1998) are 147.0 g/m3 and 45.5 g/
m3, respectively. (Before these adjustments, the 24-hour and
annual maintenance values were 145.2 g/m3 and 46.2
\2\The Clean Air Act calls for attainment by December 31, 1994.
Section 188(c)(1). EPA interprets the State's demonstration as
providing for attainment by January 1, 1995. EPA is approving the
State's demonstration on the basis of the de minimis differential
between the two dates.
Since these corrected calculations are based on properly handling
the background concentration and since the adjusted values still
adequately demonstrate attainment and maintenance of the PM10
NAAQS and do not represent major changes to those considered in EPA's
proposed action, EPA is proceeding with its approval of this SIP. There
is no need to adopt additional control measures based on these adjusted
Comments were also received in an October 11, 1993 letter from
Larry Weeks, Stone Container Corporation, to Amy Platt, EPA. The
comments were not adverse and expressed general support for EPA's
action on the Missoula PM10 SIP. However, several of Stone
Container's comments indicate a misunderstanding of EPA's intended
action on this SIP and need further explanation.
First, EPA did not propose to approve the odor control rules
contained in the SIP submittal and Stone Container communicated its
support but referenced ``Montana's odor control rules.'' EPA's action
regarding odor regulations applies specifically to the Missoula City-
County regulation (Chapter IX, Subchapter 14, Rule 1427) contained in
the SIP submittal.
Second, Stone Container submitted comments suggesting it viewed the
reduction in allowable PM10 emissions from its No. 5 recovery
boiler as voluntary reductions. Stone Container's recovery boilers were
identified by chemical mass balance receptor modelling to contribute
8.1% of the PM10 ambient concentrations in Missoula. The SIP
submittal demonstrated that Stone Container is contributing to the
PM10 nonattainment problem in the Missoula and vicinity
nonattainment area and that reductions in allowable emissions from
recovery boiler No. 5 are part of an enforceable permit that are
necessary to demonstrate expeditious attainment of the PM10 NAAQS
in the area. EPA agrees with the State's judgement that the reduction
in allowable emissions from recovery boiler No. 5 is necessary to
ensure expeditious attainment of the PM10 NAAQS in the area. EPA's
final approval of this limitation means that it will become part of the
federally enforceable implementation plan. See, e.g., sections 113 and
302(q) of the Act.
Next, Stone Container commented that because EPA proposed to
approve the control requirement exclusion for major stationary sources
of PM10 precursors authorized by section 189(e) of the Act, it
would not make sense for the SIP to include contingency measures that
would call for limitations on industrial sources. Contingency measures
for moderate PM10 nonattainment areas are due to EPA no later than
November 15, 1993 and were not submitted by the State as part of the
SIP revisions being addressed in this action. Thus, this comment is
misplaced and does not address a matter within the scope of the
September 15, 1993 proposed action on the SIP submittals for the
Missoula area. For clarification purposes, EPA simply notes that EPA's
finding that major sources of PM10 precursors do not contribute
significantly to PM10 levels in excess of the NAAQS in Missoula
addresses PM10 precursors only. Note that this finding is based on
the current character of the area including, for example, the existing
mix of sources in the area. It is possible, therefore, that future
growth could change the significance of precursors in the area. Stone
Container has been shown to be currently contributing to primary
PM10 emissions in Missoula.
Finally, since Stone Container has been shown to contribute to the
PM10 ambient concentrations in Missoula, contingency measures that
include limitations on its emissions could be sought by the State.
Although Stone Container is located outside the nonattainment area, it
is still a contributing source (approximately 8% of the PM10
ambient concentrations in Missoula). Therefore, it may be necessary and
reasonable to include emission reductions at Stone Container as part of
the contingency measures for Missoula. EPA will reserve judgement on
the adequacy of any contingency measures submitted by the State until
such time as EPA receives a contingency measure submittal and provides
public notice and opportunity for public comment on its adequacy.
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). The Governor of
Montana submitted the Missoula PM10 SIP with a letter dated June
4, 1992, and requested that EPA take action on the June 4, 1992
submittal together with the August 20, 1991 submittal of the Missoula
City-County Air Pollution Control Program. The submittals taken
together were intended to satisfy those moderate nonattainment area
PM10 SIP requirements due for Missoula on November 15, 1991. As
described in EPA's proposed action on this SIP (58 FR 48339-48343,
September 15, 1993), the Missoula moderate nonattainment area PM10
plan includes, among other things, a comprehensive and accurate
emissions inventory, control measures that satisfy the RACM
requirement, a demonstration (including air quality modelling) that
attainment of the PM10 NAAQS will be achieved by January 1, 1995
(see footnote #2), provisions for meeting the November 15, 1994
quantitative milestone and reasonable further progress, and
enforceability documentation. Further, EPA proposed to determine that
major sources of precursors of PM10 do not contribute
significantly to PM10 levels in excess of the NAAQS in
Missoula.3 Please refer to EPA's notice of proposed rulemaking (58
FR 48339) and the TSD for that action for a more detailed discussion of
these elements of the Missoula plan.
\3\The consequences of this finding are to exclude these sources
from the applicability of PM10 nonattainment area control
requirements. Note that EPA's finding is based on the current
character of the area including, for example, the existing mix of
sources in the area. It is possible, therefore, that future growth
could change the significance of precursors in the area.
In this final rulemaking, EPA announces its approval of those
elements of the Missoula, Montana moderate nonattainment area PM10
SIP that were due on November 15, 1991, and submitted on August 20,
1991 and June 4, 1992. In this final action, EPA is also announcing its
approval of the Missoula City-County Air Pollution Control Program
regulations (which were submitted on August 20, 1991 and June 4, 1992)
except for the following provisions: Chapter IX-Subchapter 4, Emergency
Procedures; Subchapter 11, Permit, Construction & Operation of Air
Contaminant Sources; Subchapter 13, Open Burning; Subchapter 14, Rule
1407, Wood-Waste Burners, Rule 1423, Standard of Performance for New
Stationary Sources (NSPS), Rule 1424, Emission Standards for Hazardous
Air Pollutants (NESHAPs), and Rule 1427, Control of Odors in Ambient
Air; and Chapter X, Variances. EPA described the deficiencies
associated with these rules in its notice of proposed rulemaking and
the TSD for that action.
EPA finds that the State of Montana's PM10 SIP for the
Missoula moderate nonattainment area meets the Reasonably Available
Control Measures (RACM), including Reasonably Available Control
Technology (RACT), requirement. Five sources/source categories were
identified as contributing to the PM10 nonattainment problem in
Missoula and, therefore, were targeted for control in the SIP. The
State has demonstrated that by applying control measures to area
sources (re-entrained road dust, residential wood combustion,
prescribed burning, and motor vehicle exhaust), as well as reducing
allowable emissions through air quality permit modifications for
Louisiana-Pacific and Stone Container, Missoula will be in attainment
by January 1, 1995 (see footnote #2). It does not appear that applying
further control measures to these sources would expedite attainment.
EPA views the following measures as reasonable, enforceable, and
responsible for significant PM10 emissions reductions in Missoula:
(a) Missoula County Rule 1401(7), which sets sanding and chip sealing
standards and street sweeping and flushing requirements; (b) Missoula
County Rule 1401(9), which establishes liquid de-icer requirements; (c)
industry permit modifications made to reduce allowable PM10
emissions from Stone Container Corporation's recovery boiler No. 5 and
Louisiana-Pacific Corporation's particle board dryers; and (d) the
Federal tailpipe standards, which provide an ongoing benefit due to
fleet turnover. Further, although no credit was claimed in the SIP, EPA
is approving the following measures to make them federally enforceable
and to further strengthen the SIP. The measures provide additional
PM10 air quality protection. These measures are: (a) Missoula
County Rule 1428, which sets standards for the regulation for solid
fuel burning devices; and (b) Missoula County Rule 1310(3), which sets
standards for the regulation of prescribed wildland open burning.
A more detailed discussion of the individual source contributions,
their associated control measures (including available control
technology) and an explanation of why certain available control
measures were not implemented, can be found in the TSD accompanying
EPA's proposed approval of the Missoula moderate PM10
nonattainment area SIP (58 FR 48339-48343). EPA has reviewed the
State's documentation and concluded that it adequately justifies the
control measures to be implemented. The implementation of Montana's
PM10 nonattainment plan for Missoula will result in the attainment
of the PM10 NAAQS by January 1, 1995 (see footnote #2). By this
notice EPA is approving the Missoula PM10 moderate nonattainment
area plan's control measures as satisfying the RACM, including RACT,
As noted, EPA did not propose approval, nor is EPA taking final
action, on some portions of the Missoula City-County Air Pollution
Control Program regulations. To address EPA-identified deficiencies in
the Missoula and statewide SIP, the State committed to complete
additional tasks to correct these deficiencies (except the concerns EPA
raised regarding the variance provisions). A more detailed explanation
of the State's commitments can be found in EPA's September 15, 1993
proposed approval of the Missoula moderate nonattainment area PM10
SIP (58 FR 48339-48343) and the TSD for that action). Since none of the
rules associated with these commitments has an impact on the attainment
demonstration, credited control strategies in the Missoula PM10
SIP, or other Federal Clean Air Act SIP requirements for the Missoula
moderate PM10 nonattainment area due to EPA on November 15, 1991,
EPA will take separate action, as appropriate, when such commitments
are fulfilled by the State, and also will address the variances chapter
at that time. Further, EPA is declining to take action on Chapter IX,
Subchapter 14: Rule 1427, Control of Odors in Ambient Air. These odor
provisions do not have a reasonable connection to the NAAQS-related air
quality goals of the Clean Air Act.
The State has fulfilled one commitment to revise its NSPS and
NESHAPs regulations to incorporate all Federal requirements promulgated
through July 1, 1992. In a March 9, 1993 submittal, the State satisfied
this commitment, and EPA will announce its action on these revisions in
a separate notice.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for a
revision to any SIP. Each request for a revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, and in relation to relevant statutory and
This document announces EPA's final action on the action proposed
at 58 FR 48339. As noted elsewhere in this final action, EPA received
no adverse public comments on the proposed action. As a direct result,
the Regional Administrator has reclassified this action from Table 1 to
Table 3 under the processing procedures established at 54 FR 2214,
January 19, 1989.
Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on a substantial number of
small entities affected. Moreover, due to the nature of the Federal-
state relationship under the Clean Air Act, preparation of a regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(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 21, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be file, 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).)
Executive Order (EO) 12866
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of
Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222)
from the requirements of section 3 of Executive Order 12291 for a
period of two years. USEPA has submitted a request for a permanent
waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to
continue the waiver until such time as it rules on USEPA's request.
This request continues in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting and recordkeeping requirements,
Sulfur dioxide, and Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of Montana was approved by the Director of the
Federal Register on July 1, 1982.
Dated: November 3, 1993.
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1370 is amended by adding paragraph (c)(30) to read
Sec. 52.1370 Identification of plan.
* * * * *
(c) * * *
(30) The Governor of Montana submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Missoula, Montana, and the Missoula City-
County Air Pollution Control Program regulations with letters dated
August 20, 1991 and June 4, 1992. The submittals were made to satisfy
those moderate PM10 nonattainment area SIP requirements due for
Missoula on November 15, 1991.
(i) Incorporation by reference.
(A) Stipulation signed April 29, 1991 between the Montana
Department of Health and Environmental Sciences and the Missoula City-
County Air Pollution Control Board, which delineates responsibilities
and authorities between the two entities.
(B) Board order issued on June 28, 1991 by the Montana Board of
Health and Environmental Sciences approving the comprehensive revised
version of the Missoula City-County Air Pollution Control Program.
(C) Board order issued on March 20, 1992 by the Montana Board of
Health and Environmental Sciences approving the amendments to Missoula
City-County Air Pollution Control Program Rule 1401, concerning the use
of approved liquid de-icer, and Rule 1428, concerning pellet stoves.
(D) Missoula County Rule 1401 (7), effective June 28, 1991, which
addresses sanding and chip sealing standards and street sweeping and
(E) Missoula County Rule 1401 (9), effective March 20, 1992, which
addresses liquid de-icer requirements.
(F) Missoula County Rule 1428, effective June 28, 1991, with
revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule
1428, effective March 20, 1992, which addresses requirements for solid
fuel burning devices.
(G) Missoula County Rule 1310 (3), effective June 28, 1991, which
addresses prescribed wildland open burning.
(H) Other Missoula City-County Air Pollution Control Program
regulations effective June 28, 1991, as follows: Chapter I. Short
Title; Chapter II. Declaration of Policy and Purpose; Chapter III.
Authorities for Program; Chapter IV. Administration; Chapter V. Control
Board, Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter
VII. Air Pollution Control Advisory Council; Chapter VIII. Inspections;
Chapter IX., Subchapter 7 General Provisions; Chapter IX., Subchapter
14, Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with
amendments effective March 20, 1992), 1411, 1419, 1425, and 1426;
Chapter XI. Enforcement, Judicial Review and Hearings; Chapter XII.
Criminal Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-
Compliance Penalties; Chapter XV. Separability Clause; Chapter XVI.
Amendments and Revisions; Chapter XVII. Limitations, and Appendix A,
(ii) Additional material.
(A) Montana Department of Health and Environmental Sciences Air
Quality Permit #2303-M, with a final modification date of March 20,
1992, for Louisiana-Pacific Corporation's particle board manufacturing
(B) Montana Department of Health and Environmental Sciences Air
Quality Permit #2589-M, with a final modification date of January 23,
1992, for Stone Container Corporation's pulp and paper mill facility.
(C) Federal tailpipe standards, which provide an ongoing benefit
due to fleet turnover.
[FR Doc. 94-1061 Filed 1-14-94; 8:45 am]
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