[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1736]


[[Page Unknown]]

[Federal Register: January 27, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT1-1-5697; AD-FRL-4830-5]

 

Clean Air Act Approval and Promulgation of PM-10 Implementation 
Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action EPA proposes approval of the state 
implementation plan (SIP) for the Columbia Falls, Montana nonattainment 
area 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 (PM-10). The SIP was submitted by Montana to satisfy 
certain federal Clean Air Act requirements for an approvable moderate 
nonattainment area PM-10 SIP for Columbia Falls. EPA is also proposing 
approval of the Flathead County Air Pollution Control Program.

DATES: Comments on this proposed action must be received in writing by 
February 28, 1994.

ADDRESSES: Comments should be addressed to Meredith A. Bond, 8ART-AP, 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2405. Copies of the State's submittal and 
other information are available for inspection during normal business 
hours at the following locations: Air Programs Branch, Environmental 
Protection Agency, Region VIII, 999 18th Street, suite 500, Denver, 
Colorado 80202-2405; and Montana Department of Health and Environmental 
Sciences, Air Quality Bureau, Cogswell Building, Helena, Montana 59620-
0901.

FOR FURTHER INFORMATION CONTACT: Meredith Bond at (303) 293-1764.

SUPPLEMENTARY INFORMATION:

I. Background

    The Columbia Falls, Montana area was designated nonattainment for 
PM-10 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) and 40 CFR 81.327 
(specifying designation for Columbia Falls and vicinity). The air 
quality planning requirements for moderate PM-10 nonattainment areas 
are set out in Subparts 1 and 4 of Title I of the Act.\2\ The EPA has 
issued a ``General Preamble'' describing EPA's 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 PM-10 
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 today's proposal and the 
supporting rationale. In today's rulemaking action on the Montana 
moderate PM-10 SIP, EPA is proposing to apply its interpretations 
considering the specific factual issues presented. Thus, EPA will 
consider any timely submitted comments before taking final action on 
today's proposal.
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    \1\The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399. 
References herein are to the Clean Air Act, as amended (``the 
Act''). The Clean Air Act is codified, as amended, in the U.S. Code 
at 42 U.S.C. Sections 7401, et seq.
    \2\Subpart 1 contains provisions applicable to nonattainment 
areas generally and Subpart 4 contains provisions specifically 
applicable to PM10 nonattainment areas. At times, Subpart 1 and 
Subpart 4 overlap or conflict. EPA has attempted to clarify the 
relationship among these provisions in the ``General Preamble'' and, 
as appropriate, in today's notice and supporting information.
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    Those States containing initial moderate PM-10 nonattainment areas 
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 modeling) 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 PM-10 also apply to major stationary 
sources of PM-10 precursors except where the Administrator determines 
that such sources do not contribute significantly to PM-10 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 PM-10 nonattainment areas were required to submit a permit 
program for the construction and operation of new and modified major 
stationary sources of PM-10 by June 30, 1992 (see section 189(a)). Such 
States also were required to 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 PM-10 NAAQS by the applicable statutory deadline. 
See section 172(c)(9) and 57 FR 13510-13512, 13543-13544.

II. This Action

    EPA is today proposing approval of the Columbia Falls PM-10 
nonattainment area control plan. The Columbia Falls SIP consists of two 
submittals. The first contains the Flathead County Air Pollution 
Control Program and Air Pollution Plan regulations. Flathead County 
contains two PM10 nonattainment areas for which SIPs were due in 
November 1991: Columbia Falls and Kalispell. The Flathead County 
regulations apply to both areas and were submitted with the attainment 
demonstration for Kalispell on November 25, 1991, after being approved 
by the Montana Board of Health and Environmental Sciences (MBHES) on 
November 15, 1991. The Columbia Falls SIP and attainment demonstration 
were not submitted at that time since a permit necessary to the control 
strategy for the SIP was not finalized. The MBHES issued that permit 
and approved the SIP on January 24, 1992. This second submittal to EPA 
was made by the Governor on May 6, 1992. Final technical corrections to 
the SIP were received by EPA on June 15, 1993. In this action, EPA is 
proposing to approve the Flathead County rules (with the exception of 
rules 501 through 506 which are specific to the city of Kalispell--EPA 
will take separate action on the Kalispell PM10 nonattainment area 
control plan) and the Columbia Falls PM10 nonattainment area 
control plan.
    To address deficiencies identified by EPA, the State adopted 
commitments after public hearings on November 15, 1991 and January 24, 
1992, and submitted the commitments to EPA with the Governor's May 6, 
1992 letter, as additional tasks to be completed to correct the 
deficiencies in the Columbia Falls and statewide SIP. The State has 
fulfilled commitments related to SIP requirements due November 15, 1991 
for the Columbia Falls nonattainment area. Those items related to 
deficiencies in the statewide SIP will be addressed in a separate 
action. EPA has determined that the Columbia Falls SIP can be fully 
approved without the State fulfilling the remaining commitments. 
Therefore, EPA is tracking the State's efforts to meet these 
commitments, but approval of the SIP for the Columbia Falls 
nonattainment area is not contingent upon the State meeting them by the 
specified dates (a more detailed discussion of these commitments can be 
found in the Technical Support Document (TSD) for this proposed 
action).
    The State has made a separate commitment to testing and further 
dispersion modeling of emissions from the Columbia Falls Aluminum 
Company (CFAC) facility. This facility is located outside the 
nonattainment area and emissions from CFAC were not identified on the 
Chemical Mass Balance analysis of filters collected from the monitor in 
the Columbia Falls nonattainment area. Emissions from CFAC are a 
potential concern, however, since this source accounts for 20 percent 
of the emission inventory (at permitted allowable emissions). EPA will 
continue to monitor the testing and assist the State with any action 
required by the results.
    Section 110(k) of the Act sets out provisions governing EPA's 
review of SIP submittals (see 57 FR 13565-13566). In today's action, 
EPA is proposing to grant approval of those elements of the Columbia 
Falls PM-10 plan that were due on November 15, 1991, and submitted by 
the State on November 25, 1991, and May 6, 1992 (excluding the 
Kalispell portion of the county regulations). EPA believes that the 
Columbia Falls plan meets those applicable requirements of the Act.
    Since the Columbia Falls PM-10 SIP was not submitted by November 
15, 1991, as required by section 189(a)(2)(A) of the Act, EPA made a 
finding that the State failed to submit the SIP, pursuant to section 
179 of the Act, and notified the Governor in a letter dated December 
16, 1991. See 57 FR 19906 (May 8, 1992). After the Columbia Falls PM-10 
SIP was submitted on May 6, 1992, EPA found the submittal complete 
pursuant to section 110(k)(1) of the Act and notified the Governor 
accordingly in a letter dated August 7, 1992. This completeness 
determination corrected the State's deficiency and, therefore, 
terminated the sanctions clock under section 179 of the Act.

A. Analysis of State Submission

1. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing implementation plans and plan revisions for submission to 
EPA. Section 110(a)(2) of the Act provides that each implementation 
plan submitted by a State must be adopted after reasonable notice and 
public hearing.\3\ Section 110(l) of the Act similarly provides that 
each revision to an implementation plan submitted by a State under the 
Act must be adopted by such State after reasonable notice and public 
hearing.
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    \3\Also section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
Section 110(a)(2).
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    The EPA also must determine whether a submittal is complete and 
therefore warrants further EPA review and action (see section 110(k)(1) 
and 57 FR 13565). The EPA's completeness criteria for SIP submittals 
are set out at 40 CFR part 51, appendix V (1992). The EPA attempts to 
make completeness determinations within 60 days of receiving a 
submission. However, a submittal is deemed complete by operation of law 
if a completeness determination is not made by EPA six months after 
receipt of the submission.
    To entertain public comment on the implementation plan for Columbia 
Falls, the State of Montana held a public hearing on November 15, 1991, 
for the Flathead County Air Pollution Control Program. A second hearing 
was held on January 24, 1992, to address the Plum Creek Manufacturing, 
Inc. permit and the Columbia Falls PM-10 SIP. The State supplied 
evidence that adequate public notice for these hearings was provided. 
Following the public hearings, the local air pollution control plan and 
the Columbia Falls PM-10 SIP were adopted by the State. The submittal 
for the Flathead County Air Pollution Control Program was signed by the 
Governor on November 25, 1991. The submittal for the final Columbia 
Falls PM-10 SIP was signed by the Governor on May 6, 1992. The final 
plan was received by EPA on May 12, 1992 as a proposed revision to the 
SIP.
    The SIP revisions were reviewed by EPA to determine completeness in 
accordance with the completeness criteria set out at 40 CFR part 51, 
appendix V (1992). The submittal was found to be complete and a letter, 
dated August 7, 1992, was forwarded to the Governor indicating the 
completeness of the submittal and the next steps to be taken in the 
review process. In today's action EPA proposes to approve the Montana 
PM-10 SIP submittals for Columbia Falls, as dated November 25, 1991 
(with the exception of the Kalispell specific rules) and May 6, 1992, 
with technical revisions dated June 15, 1993, and invites public 
comment on the action.

2. Accurate Emission Inventory

    Section 172(c)(3) of the Act requires that nonattainment plan 
provisions include a comprehensive, accurate, current inventory of 
actual emissions from all sources of relevant pollutants in the 
nonattainment area. The emission inventory also should include a 
comprehensive, accurate, and current inventory of allowable emissions 
in the area. Because the submission of such inventories is a necessary 
adjunct to an area's attainment demonstration (or demonstration that 
the area cannot practicably attain), the emission inventories must be 
received with the submission (see 57 FR 13539).
    Columbia Falls' base year emission inventory was developed for July 
1, 1989, through June 30, 1990. The results were segregated into 
seasonal winter and spring emissions. On an annual basis, industrial 
facilities account for 56.5% of the PM-10 emissions, with industrial 
processes and fugitive industrial road dust responsible for 78.8 and 
21.2% of this percentage, respectively. Area sources account for 43% of 
the total annual PM-10 emissions, with re-entrained road dust 
responsible for 89% of all area source contributions. Residential wood 
burning area sources accounted for 4.3% of total annual PM-10 emissions 
in Columbia Falls. The emission inventory shows that the emissions are 
seasonal, with re-entrained road dust the primary source in the summer 
and industrial sources the largest contributor during the fall, winter, 
and spring.
    EPA is proposing to approve the emission inventory because it is 
accurate and comprehensive, and provides a sufficient basis for 
determining the adequacy of the attainment demonstration for this area 
consistent with the requirements of sections 172(c)(3) and 110(a)(2)(K) 
of the Act.4 For further details see the TSD for this proposed 
action.
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    \4\EPA issued guidance on PM-10 emissions inventories prior to 
the enactment of the Clean Air Act Amendments in the form of the 
1987 PM-10 SIP Development Guideline. The guidance provided in this 
document appears to be consistent with the revised Act.
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3. RACM (Including RACT)

    As noted, the initial moderate PM-10 nonattainment areas must 
submit provisions to assure that RACM (including RACT) are implemented 
no later than December 10, 1993 (see sections 172(c)(1) and 
189(a)(1)(C)). The General Preamble contains a detailed discussion of 
EPA's interpretation of the RACM (including RACT) requirement (see 57 
FR 13539-13545 and 13560-13561).
    Five sources/source categories were identified as contributing to 
the PM-10 nonattainment problem in Columbia Falls. In the following 
table, an outline is presented on these sources, their control measures 
and associated emissions reduction credit, and effective dates. 

------------------------------------------------------------------------
                                            PM-10 Emissions             
     Source               Control              Reduction      Effective 
------------------------------------------------------------------------
Re-entrained road  Flathead County Rules:                               
 dust.                                                                  
                   601 Sanding & chip      (no credit taken)    10/03/91
                    sealing standards.                                  
                   602 Construction and    (no credit taken)    10/03/91
                    Demolition Activity.                                
                   603 Pavement of Roads   (no credit taken)    10/03/91
                    Required.                                           
                   604 Pavement of         (no credit taken)    10/03/91
                    Parking Lots Required.                              
                   605 Street Sweeping     47% (credit taken    10/03/91
                    and Flushing.           only for winter             
                                            & spring).                  
                   606 Clearing of land    (no credit taken)    10/03/91
                    greater than \1/4\                                  
                    acre in size                                        
                    (requires measures to                               
                    control dust when                                   
                    clearing areas larger                               
                    than \1/4\ acre).                                   
                   Combined controls.....  130.7 tpy (during            
                                            winter & spring).           
------------------------------------------------------------------------
                                                                        
Prescribed         Flathead County Rules:                               
 burning.                                                               
                   201 (Open Burning)      (no credit taken)    10/03/91
                    Definitions.                                        
                   202 Materials           (no credit taken)    10/03/91
                    Prohibited.                                         
                   203 Minor Open Burning  (no credit taken)    10/03/91
                    Source Requirements.                                
                   204 Major Open Burning  (no credit taken)    10/03/91
                    Source Requirements.                                
                   205 Special Open        (no credit taken)    10/03/91
                    Burning Periods.                                    
                   206 Fire Fighter        (no credit taken)    10/03/91
                    Training.                                           
                   207 Conditional Air     (no credit taken)    10/03/91
                    Quality Open Burning                                
                    Permits.                                            
                   208 Emergency Open      (no credit taken)    10/03/91
                    Burning Permits.                                    
                   209 Permit Fees.......  (no credit taken)    10/03/91
Residential wood   Flathead County Air     (no credit taken)    10/03/91
 combustion.        Pollution Control                                   
                    Program, CHAPTER                                    
                    VIII, Sub-chapter 3,                                
                    Voluntary Solid Fuel                                
                    Burning Device                                      
                    Curtailment Program                                 
                    and Sub-chapter 4,                                  
                    Prohibited Materials                                
                    for Wood or Coal                                    
                    Residential Stoves.                                 
Industry.........  Plum Creek permit       (no credit taken)     1/24/92
                    modification #2667-M.                               
Motor vehicle      Federal tailpipe        (no credit taken)     Ongoing
 exhaust.           standards.                                    due to
                                                                   fleet
                                                               turnover 
------------------------------------------------------------------------


    A more detailed discussion of the source/source category 
contributions and their associated control measures (including 
available control technology) can be found in the TSD for this proposed 
action. EPA has reviewed the State's documentation and concluded that 
it adequately justifies the control measures to be implemented. The 
implementation of Montana's PM-10 nonattainment plan will result in the 
attainment of the PM-10 NAAQS by December 31, 1994. By this action EPA 
is proposing to approve the Columbia Falls PM-10 plan's RACM (including 
RACT) in its entirety.

4. Demonstration

    As noted, the initial moderate PM-10 nonattainment areas must 
submit a demonstration (including air quality modeling) showing that 
the plan will provide for attainment as expeditiously as practicable, 
but no later than December 31, 1994, or the State must show that 
attainment by December 31, 1994 is impracticable (see section 
189(a)(1)(B) of the Act). The attainment demonstration for Columbia 
Falls was conducted using receptor modeling (CMB) and rollback 
modeling. The 24-hour PM-10 NAAQS is 150 micrograms/cubic meter 
(g/m3), and the standard is attained when the expected 
number of days per calendar year with a 24-hour average concentration 
above 150 g/m3 is equal to or less than one (see 40 CFR 
50.6). The annual PM-10 NAAQS is 50 g/m3, and the 
standard is attained when the expected annual arithmetic mean 
concentration is less than or equal to 50 g/m3 (id.)
    The demonstration for Columbia Falls indicates that the 24-hour PM-
10 NAAQS will be attained by December 31, 1994 at 136.3 g/
m3, and it will be maintained in future years. The demonstration 
indicated that an annual concentration of 31.1 g/m3 will 
be achieved by 1995,5 showing attainment of the annual PM-10 
NAAQS. Ambient monitoring has not measured an exceedance of the PM-10 
NAAQS in Columbia Falls since 1987. The control strategies used to 
achieve these design concentrations are summarized in the section 
titled ``RACM (including RACT).'' For a more detailed description of 
the attainment demonstration and the control strategies used, see the 
TSD for this proposed action.
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    \5\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 proposing to 
approve the State's demonstration on the basis of the de minimis 
differential between the two dates. The State should promptly inform 
EPA if EPA has in any manner misinterpreted the date by which the 
State has demonstrated attainment in the Columbia Falls 
nonattainment area.
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5. PM-10 Precursors

    The control requirements that are applicable to major stationary 
sources of PM-10 also apply to major stationary sources of PM-10 
precursors, unless EPA determines such sources do not contribute 
significantly to PM-10 levels over the NAAQS in that area (see section 
189(e) of the Act). An analysis of air quality and emissions data for 
the Columbia Falls nonattainment area indicates that exceedances of the 
NAAQS are attributable chiefly to direct particulate emissions from re-
entrained road dust, stationary sources and residential wood burning. 
Neither the emission inventory nor the CMB analysis for Columbia Falls 
revealed any major stationary sources of PM-10 precursors. 
Consequently, EPA is proposing to find that major sources of precursors 
of PM-10 do not contribute significantly to PM-10 levels in excess of 
the NAAQS. The consequences of this proposed finding are to exclude 
these sources from the applicability of PM-10 nonattainment area 
control requirements. Further discussion of the analyses and supporting 
rationale for EPA's proposed finding are contained in the TSD 
accompanying this proposed action. Note that while EPA is proposing to 
make a general finding for this area, today'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. The EPA 
intends to issue future guidance addressing such potential changes in 
the significance of precursor emissions in an area.

6. Quantitative Milestones and Reasonable Further Progress

    The PM-10 nonattainment area plan revisions demonstrating 
attainment must contain quantitative milestones which are to be 
achieved every 3 years until the area is redesignated attainment and 
which demonstrate RFP, as defined in section 171(1), toward attainment 
by December 31, 1994 (see section 189(c) of the Act). The State of 
Montana's PM-10 SIP indicates that the Montana Department of Health and 
Environmental Sciences (MDHES) and the Flathead County Health 
Department (FCHD) will submit to EPA a reasonable further progress/
milestone report consistent with federal guidelines by December 31, 
1994.6
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    \6\Thus, this report will be submitted coincident with the 
December 31, 1994 attainment date. The de minimis timing 
differential between the first milestone submittal date (i.e. 
November 15, 1994) and the attainment date make it administratively 
impracticable to require separate submittals. See generally 57 FR 
13539.
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    In addition, FCHD will prepare less detailed annual progress 
reports for the prior year by August 1st each year. These annual 
progress reports shall provide information on the effectiveness of the 
control strategies for re-entrained road dust. The MDHES will add a 
progress report for the Plum Creek facility.
    To monitor the progress of the road dust control rules, a report 
will be completed on the type and amount of de-icing and sanding 
material applied, the number of applications of de-icing and sanding 
materials, the dates of application of each material, and where and 
when the street sweeping and flushing occurred during the winter 
season. The sanding material test results for the percent silt and 
durability also will be submitted.
    All exceedances of the PM-10 standard will be evaluated and a 
determination made as to the source of the exceedance. Changes in the 
air quality program to prevent further exceedances and a timetable for 
implementation will be developed. Any other EPA requirements for RFP 
reports will be incorporated as necessary.

7. Enforceability Issues

    All measures and other elements in the SIP must be enforceable by 
the State and EPA (see sections 172(c)(6) and 110(a)(2)(A) of the Act 
and 57 FR 13556). The EPA criteria addressing the enforceability of 
SIPs and SIP revisions were stated in a September 23, 1987 memorandum 
(with attachments) from J. Craig Potter, Assistant Administrator for 
Air and Radiation, et al. (see 57 FR 13541). Nonattainment area plan 
provisions also must contain a program to provide for enforcement of 
control measures and other elements in the SIP (see section 
110(a)(2)(C) of the Act).
    The specific control measures contained in the SIP are addressed 
above in section 3, ``RACM (including RACT).'' The Columbia Falls air 
pollution control regulations, as included in the SIP, are legally 
enforceable by FCHD. Any person who violates any provision or rule, 
with the exception of the voluntary solid-fuel burning device rule, or 
order under this program shall be subject to a civil penalty not to 
exceed $500.00.
    The Flathead County Pollution Control Program and the associated 
local regulations are also enforceable by the MDHES, if the FCHD fails 
to administer the program. Since the program has been approved by the 
Montana Board of Health and Environmental Sciences (MBHES) in 
accordance with section 75-2-301 of the Montana Code Annotated and 
effectuated by a MBHES order, and since the MDHES can enforce MBHES 
orders, the MDHES has independent enforcement powers. Enforcement 
provisions are found in the Clean Air Act of Montana, sections 75-2-401 
through 75-2-429, Montana Code Annotated.
    The emission limits for Plum Creek are enforceable by the MDHES 
through air quality permit #2667-M with a final modification date of 
January 24, 1992. Section 75-2-401 of the Montana Code Annotated allows 
the MDHES to seek civil penalties for a violation of a permit 
limitation. Administrative Rules of Montana (ARM) 16.8.1112 allows the 
MDHES to revoke a permit for a violation of a permit limitation. These 
regulations are contained in the ARM 16.8.101 through 16.8.1602 and 
violations of these rules are punishable by civil penalties in an 
amount up to $10,000 per day and criminal penalties in an amount up to 
$1,000 per day.
    If a State relies on a local government for the implementation of 
any plan provision, then, according to section 110(a)(2)(E)(iii) of the 
Act, the State must provide necessary assurances that the State has 
responsibility for ensuring adequate implementation of such plan 
provision. A State would have responsibility to ensure adequate 
implementation when, for example, the State has the authority and 
resources to implement the provision, and the local entity has failed 
to do so.
    The Flathead County Air Pollution Control Program was established 
in accordance with the requirements of section 75-2-301 of the Montana 
Code Annotated, as amended (1991). On November 15, 1991, the MBHES 
issued a board order approving the local program and regulations. A 
stipulation between the MDHES and the Flathead County Air Pollution 
Control Board that delineates responsibilities and authorities between 
the MDHES and the local authorities was signed November 15, 1991. The 
regulations, board order, and stipulation were submitted to EPA as a 
revision to the Montana SIP.
    The State also submitted a state Attorney General's opinion 
interpreting the authority of the MDHES to enforce any state and local 
air quality provisions if a local air quality program fails to do so. 
In practice, the MBHES issues a board order when it approves a local 
program or amendments to a program. Since the Montana Clean Air Act 
authorizes the MDHES to enforce board orders issued by the MBHES, the 
MDHES has the authority to assume jurisdiction over, and implement, a 
local program so approved. However, the Montana Clean Air Act also 
requires a hearing before the MBHES before such an assumption of 
jurisdiction and authority can be taken.
    The Flathead County rules are in effect now, as are the State's 
permit modification for Plum Creek. The State of Montana has a program 
that will ensure that the measures contained in the Columbia Falls PM-
10 SIP are adequately enforced. EPA believes that the State's and 
Columbia Falls' existing air enforcement program will be adequate. The 
TSD for this proposed action contains further information on 
enforceability requirements, responsibilities, and a discussion of the 
personnel and funding intended to support effective implementation of 
the control measures.

8. Contingency Measures

    As provided in section 172(c)(9) of the Act, all moderate 
nonattainment area SIPs that demonstrate attainment must include 
contingency measures. See generally 57 FR 13510-13512 and 13543-13544. 
These measures must be submitted by November 15, 1993 for the initial 
moderate nonattainment areas. Contingency measures should consist of 
other available measures that are not part of the area's control 
strategy. These measures must take effect without further action by the 
State or EPA, upon EPA's determination that the area has failed to make 
RFP or attain the PM-10 NAAQS by the applicable statutory deadline. The 
Columbia Falls nonattainment area SIP contains an outline of steps to 
be taken if attainment of the PM-10 standard is not achieved; however, 
these steps do not adequately satisfy the contingency measures 
requirement. Since the SIP does not provide for these measures to take 
effect without further action should EPA determine that Columbia Falls 
has failed to achieve RFP or to attain the PM-10 standard by December 
31, 1994, EPA is taking no action at this time on the Columbia Falls 
contingency measures. The State has until November 15, 1993 to submit 
its contingency measures.

III. Implications of This Action

    EPA is proposing to approve the PM-10 SIP submitted to EPA on 
November 25, 1991 (with the exception of the Kalispell specific rules, 
501-506) and on May 6, 1992 for the Columbia Falls, Montana 
nonattainment area. Among other things, the State of Montana has 
demonstrated that the Columbia Falls moderate PM-10 nonattainment area 
will attain the PM-10 NAAQS by December 31, 1994.
    EPA is also proposing to approve the Flathead County Air Pollution 
Control Program as it applies to Columbia Falls, which was submitted to 
EPA on November 25, 1991. The portion of the plan concerning the 
Kalispell PM-10 nonattainment area will be acted upon in a separate 
action.
    As noted, additional submittals for the initial moderate PM-10 
nonattainment areas are due at later dates. The EPA will determine the 
adequacy of any such submittal as appropriate.

IV. Request for Public Comments

    The EPA is requesting comments on all aspects of today's proposal. 
As indicated at the outset of this document, EPA will consider any 
comments received by February 28, 1994.

V. Executive Order (EO) 12866

    This action has been classified as a Table 2 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 (OMB) waived Table 2 and Table 3 SIP revisions 
from the requirement of section 3 of Executive Order 12291 for a period 
of two years. The U.S. EPA has submitted a request for a permanent 
waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to 
continue the waiver until such time as it rules on U.S. EPA's request. 
This request continues in effect under Executive Order 12866 which 
superseded Executive Order 12291 on September 30, 1993.

VI. Regulatory Flexibility

    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 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).

List of Subjects in 40 CFR Part 52

    Environmental/Protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Particulate matter, 
Reporting and recordkeeping requirements, Sulfur dioxide, and Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: January 11, 1994.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 94-1736 Filed 1-26-94; 8:45 am]
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