[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1270]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-8-1-5488; FRL-4789-6]

 

Approval and Promulgation of State Implementation Plans; State of 
Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA is approving revisions to the Montana 
State Implementation Plan (SIP) submitted on April 25, 1988, by the 
Governor of Montana. EPA proposed to approve these revisions in the 
October 20, 1989, Federal Register. EPA is taking final action to 
approve those portions of the SIP submittal which include: The adoption 
of the national ambient air quality standards (NAAQS) for particulate 
matter with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM-10); deletion of the total suspended particulate (TSP) 
ambient air quality standard; amendments to the prevention of 
significant deterioration of air quality (PSD) program to include 
protection of the PM-10 NAAQS and assure consistency with EPA 
requirements; commitments to monitor and develop plans if PM-10 
violations are found in Group II PM-10 areas; a revised emergency 
episode plan for PM-10; and a listing of the control measures in the 
SIP which will be relied on to maintain the PM-10 NAAQS, including the 
Montana Smoke Management Plan. The effect of approval is to make the 
plans federally enforceable. At this time, EPA is taking no action on 
the remainder of the submittal.

EFFECTIVE DATE: This approval will be effective on February 22, 1994.

ADDRESSES: Copies of the State submittal are available for public 
inspection between 8 a.m. and 4 p.m., Monday through Friday, at the 
following offices: Environmental Protection Agency, Region VIII, Air 
Programs Branch, 999 18th Street, suite 500, Denver, Colorado 80202-
2466; and Montana Department of Health and Environmental Sciences, Air 
Quality Bureau, Cogswell Building, Helena, Montana 59620.

FOR FURTHER INFORMATION CONTACT: Meredith A. Bond, 8ART-AP, 
Environmental Protection Agency, Region VIII, 999 18th Street, suite 
500, Denver, Colorado 80202-2405, (303) 293-1764.

SUPPLEMENTARY INFORMATION: The 1977 amendments to the Clean Air Act 
require EPA to review periodically and, if appropriate, revise the 
criteria on which each NAAQS is based along with the NAAQS themselves. 
In response to these requirements, EPA published a notice to promulgate 
revised NAAQS for particulate matter under ten microns in size (known 
as PM-10) on July 1, 1987 (52 FR 24634). As a result, States were to 
revise their State Implementation Plans (SIPs) to attain and maintain 
the new NAAQS.
    To implement the new SIP requirements, all areas in the country 
were divided into three groups. Group I areas had violated the PM-10 
NAAQS or had air quality data showing high probabilities (greater than 
95%) of violating the NAAQS. Group II areas were estimated to have a 
moderate probability (between 20 and 95%) of violating the PM-10 NAAQS. 
Group III areas were estimated to have a low probability (less than 
20%) of violating the PM-10 NAAQS. This SIP revision was submitted to 
EPA by the Governor of Montana on April 25, 1988, as a plan for 
maintaining the PM-10 NAAQS statewide, and in particular in those areas 
designated Group II and III. Separate SIPs including control strategies 
and attainment demonstrations were required for the Group I areas.
    Upon enactment of the Clean Air Act Amendments of 1990 (November 
15, 1990), Group I areas and Group II areas with exceedances monitored 
before January 1, 1989, were designated and classified as moderate PM-
10 nonattainment areas by operation of law. (Section 107(d)(4)(B) of 
the Clean Air Act as amended (``the Act''); see 56 FR 56694, November 
6, 1991.) The amended Act continues to require states to submit full 
SIPs for such moderate PM-10 nonattainment areas.
    Those Montana areas initially designated, upon enactment of the 
Clean Air Act Amendments of 1990, as moderate PM-10 nonattainment 
areas, and for which the State has submitted part D plans, include: 
Butte, Kalispell, Libby, Missoula, and Columbia Falls. The Thompson 
Falls area is currently being redesignated to nonattainment (57 FR 
43846, September 22, 1992).
    Some of the commitments made (with the April 25, 1988 submittal) 
for Group II areas and statewide control measures are still appropriate 
to meet requirements under section 110(a)(1) of the amended Act. 
Therefore, EPA is taking final action to approve these portions of the 
April 25, 1988, submittal in order that the measures may become a part 
of the federally approved SIP.

Montana SIP

    Section 110(a)(1) of the Act requires states to submit plans which 
provide for implementation, maintenance, and enforcement of the NAAQS. 
The April 25, 1988, Montana submittal addresses these requirements for 
PM-10 as follows:

(1) PM-10 Air Quality Standards

    The State has adopted ambient air quality standards for PM-10 in 
revisions to ARM 16.8.821.

(2) Preconstruction Review of Stationary Sources of PM-10

    The State administers a New Source Review (NSR) program for 
stationary sources and modifications, which was approved by EPA on 
September 23, 1980 (45 FR 62982). By adopting ambient air quality 
standards for PM-10 in ARM 16.8.821, the State has triggered a 
requirement (under the State regulations) for preconstruction review of 
all sources of PM-10. The State also administers a PSD program which 
was originally approved by EPA on May 5, 1983 (48 FR 20231). The 
submittal contains revisions to these regulations which are approved 
with this document.
    In ARM 16.8.941(1)(a), the State did not amend the maximum 
allowable increase, in Class I areas receiving a variance from the 
increment, from ``particulate matter'' to ``particulate matter: TSP'' 
as in 40 CFR 51.166(p)(4). This leaves the maximum allowable increase 
somewhat ambiguous since ``particulate matter'' is defined as either 
PM-10 or TSP. The State submitted a SIP revision on September 5, 1989, 
which corrected this oversight. EPA approved the September 5, 1989 
revision at 55 FR 22332 (June 1, 1990). EPA is approving the remainder 
of the regulations since it is clear that, in all other instances, the 
increments are in terms of TSP.

(3) Revised Emergency Episode Plans

    EPA revised the significant harm level for particulate matter in 40 
CFR 51.151, to 600 g/m3 measured as PM-10, and deleted 
the combined sulfur dioxide-particulate matter significant harm level. 
In addition, the example alert, warning, and emergency levels of 
particulate matter in appendix L to part 51 were also revised from TSP 
to PM-10 concentrations. In its submittal, the State has revised its 
emergency episode plans in Chapter 7 of its SIP to reflect the changes 
in the federal regulations due to PM-10.

(4) PM-10 Monitoring Networks

    Revisions to 40 CFR part 58 set forth the requirements for design 
of national, state and local PM-10 air monitoring networks. The revised 
monitoring networks must be submitted for EPA approval. The required 
monitoring frequency varies with area grouping: Group I areas are 
required to monitor daily at least one site representative of the 
expected maximum concentration, Group II areas are required to monitor 
every other day at such a site, and Group III areas are required to 
monitor every sixth day at such a site. Monitoring frequency can be 
reduced after the first year of data collection depending on the values 
monitored. EPA approved Montana's PM-10 monitoring network as meeting 
40 CFR part 58 criteria on March 30, 1989.

(5) Committal SIP

    The State's submittal includes a Committal SIP for the Montana 
Group II PM-10 areas. The SIP commits the State to continue to monitor 
for PM-10, report data, and submit a full SIP if a violation of the PM-
10 NAAQS is detected. Specifically, the provisions are:
(a) Collection of Ambient PM-10 Data
    The State has begun monitoring for PM-10 in all Group I and II 
areas. The State has continued to monitor for TSP as a surrogate for 
PM-10 in Group III areas and has committed to implement PM-10 
monitoring if a TSP monitor being used as a surrogate PM-10 monitor 
records an exceedance of the PM-10 NAAQS.
(b) Reporting Exceedances to EPA Within 45 Days
    The State has committed to analyze and verify the ambient PM-10 
data and report 24-hour PM-10 NAAQS exceedances to the appropriate 
Regional Office within 45 days of each exceedance.
(c) Immediate Notification of EPA if the Area Moves Into Nonattainment
    The State has committed to acknowledge that a nonattainment problem 
exists and immediately notify EPA if the applicable number of 
verifiable 24-hour NAAQS exceedances has occurred, (see section 2.0 of 
the PM-10 SIP Development Guideline) or when an annual arithmetic mean 
(AAM) above the level of the annual PM-10 NAAQS has occurred.
(d) Determination of Adequacy of the Existing SIP
    The State has determined that the existing SIP as amended is 
adequate to maintain the PM-10 standards in areas currently in 
attainment. The standards will be maintained by continuing surrogate 
TSP monitoring, instituting PM-10 monitoring when excursions above the 
PM-10 standards occur, developing a full SIP revision if actual PM-10 
standard violations occur, enforcing the control measures listed below 
(items 1-18), and continuing to enforce the PSD/NSR program.
    (e) The Committal SIP also provides for development of control 
strategies and enforceable schedules for assuring attainment of the PM-
10 NAAQS as expeditiously as practicable should an area experience 
ambient exceedances as described in (c) above. The requirements of the 
Clean Air Act amendments of 1990 have superseded these provisions. 
Therefore, EPA is taking no action on the provisions for these items.

Control Strategies

    The State submittal lists the control measures which are being 
relied on to maintain the PM-10 NAAQS. These control measures are 
described below, together with their previous SIP approval status (some 
were approved as part of the SIP prior to this action) and EPA's 
approval status with respect to this SIP action:
    1. Ambient Air Quality Standards for PM-10 (ARM 16.8.821), 
effective April 29, 1988. In this action, EPA is approving this 
regulation as part of the PM-10 SIP for Montana.
    2. Prevention of Significant Deterioration of Air Quality (ARM 
16.8.921-16.8.943), effective April 29, 1988. These rules were 
originally approved by EPA on May 5, 1983, (48 FR 20231). Revisions 
submitted on August 21, 1985, and May 27, 1987, and September 5, 1989, 
were approved at 55 FR 22332 (June 1, 1990). Revisions effective April 
29, 1988, to include PM-10 in the program and to make other minor 
revisions consistent with EPA requirements were submitted on April 25, 
1988. In this action, EPA is approving this regulation and its 
revisions as part of the PM-10 SIP for Montana.
    3. Visibility Impact Assessment (ARM 16.8.1001-16.8.1008), 
effective September 13, 1985, approved by EPA on June 6, 1986 (51 FR 
20646). In this action, EPA is approving this regulation as part of the 
PM-10 SIP for Montana.
    4. Permits, Construction and Operation of Air Contaminant Sources 
(ARM 16.8.1101-16.8.1118), effective February 14, 1987. These rules 
were originally approved by EPA on September 23, 1980 (45 FR 62982). 
The State has submitted revisions to these rules which are not being 
addressed in this action. These revisions will be addressed in a 
separate action.
    5. Stack Height and Dispersion Techniques (ARM 16.8.1204-
16.6.1206), effective June 13, 1986, approved by EPA on June 7, 1989 
(54 FR 24334). In this action, EPA is approving this regulation as part 
of the PM-10 SIP for Montana.
    6. Open Burning (ARM 16.8.1301-16.8.1308), effective April 16, 
1982, approved by EPA on July 15, 1982 (47 FR 30762). In this action, 
EPA is approving this regulation as part of the PM-10 SIP for Montana.
    7. Particulate Matter, Airborne (ARM 16.8.1401), effective February 
16, 1979, approved by EPA on March 4, 1980 (44 FR 14036). In this 
action, EPA is approving this regulation as part of the PM-10 SIP for 
Montana.
    8. Particulate Matter, Fuel Burning Equipment (ARM 16.8.1402), 
effective December 31, 1972, approved by EPA on March 4, 1980 (44 FR 
14036). On December 2, 1988 (53 FR 48643), EPA approved revisions 
submitted by the Governor on March 9, 1988 (effective on March 11, 
1988), which exempt residential combustion units from this rule. In 
this action, EPA is approving this regulation as amended on March 9, 
1988, as part of the PM-10 SIP for Montana.
    9. Particulate Matter, Industrial Process (ARM 16.8.1403), 
effective September 5, 1975, approved by EPA on March 4, 1980 (44 FR 
14036). In this action, EPA is approving this regulation as part of the 
PM-10 SIP for Montana.
    10. Visible Air Contaminants (ARM 16.8.1404), effective June 13, 
1986. EPA has not acted on this revision previously. In this action, 
EPA is approving this regulation as part of the PM-10 SIP for Montana.
    11. Incinerators (ARM 16.8.1406), effective December 29, 1978, 
approved by EPA on March 4, 1980 (44 FR 14036). In this action, EPA is 
approving this regulation as part of the PM-10 SIP for Montana.
    12. Wood Waste Burners (ARM 16.8.1407), effective December 29, 
1979, approved by EPA on March 4, 1980 (44 FR 14036). In the proposal 
to this action, EPA indicated that we were proposing to approve this 
regulation as part of the PM-10 SIP for Montana. However, after further 
review, EPA has determined that there are enforceability concerns with 
this regulation. Therefore, EPA is not taking final action on this 
regulation at this time.
    13. Fluoride Emissions--Phosphate Processing (ARM 16.8.1419), 
effective December 31, 1972, approved by EPA on March 4, 1980 (44 FR 
14036). In this action, EPA is approving this regulation as part of the 
PM-10 SIP for Montana.
    14. Standard of Performance of New Stationary Sources (NSPS) (ARM 
16.8.1423), effective February 29, 1988, which incorporates by 
reference 40 CFR part 60, effective July 1, 1987. Enforcement of the 
federal NSPS has been delegated to Montana. In this action, EPA is 
approving this regulation as part of the PM-10 SIP for Montana.
    15. Prohibited Materials for Wood or Coal Residential Stoves or 
Coal Residential Stoves (ARM 16.8.1428), effective June 13, 1986. EPA 
has not acted on this revision previously. In this action, EPA is 
approving this regulation as part of the PM-10 SIP for Montana.
    16. Emission Standards for Existing Aluminum Plants (ARM 16.8.1501-
16.8.1505), effective February 26, 1982. EPA has not acted on this 
revision previously. In the proposal to this action, EPA proposed to 
approve this regulation as part of the PM-10 SIP for Montana. However, 
after further review, EPA has determined that there are enforceability 
concerns with this regulation. Therefore, EPA is not taking final 
action on this regulation at this time.
    17. Combustion Device Tax Credit (ARM 16.8.1601-16.8.1602), 
effective December 27, 1985. EPA has not acted on this revision 
previously. In this action, EPA is approving this regulation as part of 
the PM-10 SIP for Montana.
    18. Montana Smoke Management Plan (SMP) (Memorandum of Agreement 
effective 7/31/78). In this action, EPA is approving the SMP as part of 
the PM-10 SIP for Montana. The SMP is a memorandum of agreement between 
the State Department of Health and Environmental Sciences, the U.S. 
Forest Service, the State Division of Forestry, the Bureau of Indian 
Affairs, the Bureau of Land Management, Burlington Northern, St. Regis 
Paper, Champion Timberlands, the National Weather Service, the State 
Department of Fish and Game, Wickes Forest Industries, the National 
Park Service, the U.S. Fish and Wildlife Service, and the Missoula 
City-County Air Pollution Control Board. The SMP requires prescribed 
burning for land management purposes to be carried out only when 
meteorological conditions are found to allow the dispersion of 
emissions and requires the burning to be curtailed when air quality or 
meteorological conditions so warrant.
    As indicated, EPA is approving control strategy items 1 through 3, 
5 through 11, 13 through 15, 17 and 18, as part of the PM-10 SIP for 
Montana. EPA finds that these items will help assure maintenance of the 
PM-10 NAAQS in Montana. At this time, EPA is not taking final action on 
control strategy items 4, 12, and 16, as part of the PM-10 SIP for 
Montana. EPA will address these items in a separate action.
    The submittal also contains a request to extend the attainment date 
for the PM-10 NAAQS for up to two years should such an extension later 
be demonstrated to be necessary. The Clean Air Act Amendments of 1990 
changed attainment date requirements. All areas to which this request 
applied have since been designated nonattainment, and the Act lays out 
specific schedules for SIP submittal and attainment of the PM-10 NAAQS 
for such nonattainment areas. In the proposal to this action, EPA had 
proposed to approve the extension request. However, because of the 
changes to the Act made by the 1990 Amendments, at this time EPA is not 
taking final action on this request.
    In this submittal, the State also requested to redesignate the TSP 
nonattainment areas to unclassified for TSP. As indicated in the 
proposal to this action, EPA will take separate action on this request 
at a later time.
    The State has satisfied EPA requirements for administrative 
procedures, adequate legal authority to implement the SIP, and 
intergovernmental relations. These procedures have been approved as 
part of the State SIP in previous Federal Register notices. See 40 CFR 
52.1370 et seq. EPA proposed to approve these revisions in the October 
20, 1989 Federal Register (54 FR 43083). No comments were received 
pursuant to the proposal.

Final Action

    EPA approves the revisions to the Montana State Implementation Plan 
(SIP) submitted on April 25, 1988, by the Governor of Montana, with the 
exception of commitments to set schedules and develop SIPs for areas 
which experience exceedances of the PM-10 NAAQS, and with the exception 
of the State's request to extend attainment dates for the PM-10 NAAQS. 
The requirements of the Clean Air Act Amendments of 1990 have replaced 
these provisions. In addition, EPA is not taking final action on the 
control measures identified as items 4, 12, and 16 under the section 
entitled ``Control Strategies'' in this document. EPA will address them 
at a later date. The approved revisions include the adoption of PM-10 
ambient air quality standards, deletion of the total suspended 
particulate (TSP) ambient air quality standard, amendments to the new 
source review program, commitments to monitor and develop plans if 
necessary in Group II PM-10 areas, a revised emergency episode plan for 
PM-10, a listing of the control measures in the SIP which will be 
relied on to maintain the PM-10 NAAQS, and the Montana Smoke Management 
Plan.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    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 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 CAA 
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 any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric C. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 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. This action 
may not be challenged later in proceedings to enforce its requirements. 
(See 307(b)(2).)
    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. EPA has submitted a request for a permanent waiver 
for Table 2 and 3 SIP revisions. OMB has continued the waiver until 
such time as it rules on EPA'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

    Air pollution control, Environmental protection, Incorporation by 
reference, Intergovernmental relations, Particulate matter.

    Note: Incorporation by reference of the SIP for the State of 
Montana was approved by the Director of the Federal Register on July 
1, 1982.

    Dated: October 1, 1993.
Jack McGraw,
Acting Regional Administrator.

PART 52 [AMENDED]

    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.

Subpart BB--Montana

    2. Section 52.1370 is amended by adding paragraph (c)(27) to read 
as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (27) On April 25, 1988, the Governor submitted a plan to help 
assure attainment and maintenance of the PM-10 NAAQS throughout the 
State of Montana.
    (i) Incorporation by reference.
    (A) Amendments to the Administrative Rules of Montana (ARM) 
16.8.821 (Ambient Air Quality Standards), and ARM 16.8.701, ARM 
16.8.806, and ARM 16.8.921 (Definitions), effective April 29, 1988.
    (B) Amendments to the ARM, subchapter 9 (Prevention of Significant 
Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective 
April 29, 1988; section 16.8.937, effective March 11, 1988; section 
16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 
16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 
16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 
16.8.943, effective January 1, 1983.
    (C) Amendments to the ARM, subchapter 10 (Visibility Impact 
Assessment): section 16.8.1007, effective April 29, 1988; and sections 
16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 
16.8.1008, effective March 11, 1988; section 16.8.930, effective 
September 13, 1985.
    (D) Amendments to the ARM, subchapter 12 (Stack Heights and 
Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, 
effective June 13, 1986.
    (E) Amendments to the ARM, subchapter 13 (Open Burning), sections 
16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 
16.8.1307, and 16.8.1308, effective April 16, 1982.
    (F) Amendments to the ARM, subchapter 14 (Emission Standards): 
section 16.8.1401, effective February 16, 1979; section 16.8.1402, 
effective March 11, 1988; section 16.8.1403, effective September 5, 
1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, 
effective December 29, 1978; section 16.8.1419, effective December 31, 
1972; section 16.8.1423, effective March 11, 1988; and section 
16.8.1428, effective June 13, 1986.
    (G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax 
Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.
    (H) Appendix G-2, Montana Smoke Management Plan, effective April 
15, 1988.

[FR Doc. 94-1270 Filed 1-19-94; 8:45 am]
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