[Federal Register Volume 59, Number 48 (Friday, March 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5614]


[[Page Unknown]]

[Federal Register: March 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MT12-1-6135; FRL-4807-7]

 

Clean Air Act Approval and Promulgation of PM10 
Implementation Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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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 Butte. The State has committed to complete 
several actions for this SIP, including issues regarding its New Source 
Review and Prevention of Significant Deterioration regulations, test 
methods, emergency episode plan, operating permit program, and 
contingency measures. EPA will take separate action, as appropriate, on 
these rules when the State fulfills its related commitments.
    EPA is also correcting a previous error in describing the boundary 
for the Butte nonattainment area.

EFFECTIVE DATE: This rule will become effective on April 11, 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.

SUPPLEMENTARY INFORMATION:

I. Background

    The Butte, 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 (Silver 
Bow County-Butte). 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.
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    \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 Pub. L. 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.
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    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 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 28, 1993, EPA announced its proposed approval of the 
Butte, Montana moderate nonattainment area PM10 SIP as meeting 
those moderate PM10 SIP requirements due on November 15, 1991 (58 
FR 50530-50536). 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 Butte moderate nonattainment area PM10 SIP taking into 
consideration the specific factual issues presented.
    EPA requested public comments on all aspects of the proposal 
(please reference 58 FR 50535), and comments from the State of Montana 
were received during the comment period, which ended on October 28, 
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 Butte moderate nonattainment area 
PM10 SIP is unchanged from the September 28, 1993 proposed 
approval action, except one typographical error noted by EPA. In the 
table describing sources, controls, emission reductions, and effective 
dates, the effective date for the Montana Resources, Inc. permit 
modification should have been listed as March 20, 1992 instead of March 
10, 1992, as indicated.
    The discussion herein provides only a broad overview of the 
proposed action EPA is now finalizing. The public is referred to the 
September 28, 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 28, 1993 proposed approval of the Butte moderate 
nonattainment area PM10 SIP (58 FR 50530-50536). However, the 
State of Montana submitted the following comments for clarification. In 
a letter dated October 27, 1993 from Jeff Chaffee, Montana Department 
of Health and Environmental Sciences, to Amy Platt, EPA, the State 
indicated that since submitting the original moderate nonattainment 
area PM10 SIP for Butte, it discovered a minor error in the 
emissions inventory report and the control strategy calculations. The 
State inadvertently included the municipality of Walkerville in the 
nonattainment area boundary. Therefore, the emissions inventory was 
slightly higher due to Walkerville emissions. When applying the 
emission reduction credits derived from control strategies outlined in 
the SIP, a slightly larger reduction was demonstrated since the credits 
were being applied to higher emission levels than appropriate.
    The Walkerville area has very minimal emissions that do not 
contribute to the Butte nonattainment problem. The Walkerville 
residential wood burning emissions constituted only 2.0% of the total 
residential wood burning emissions reported from all grids. 
Walkerville's paved road dust emissions made up only 0.4% of the total 
paved road dust emissions reported from all grids. Therefore, 
correcting the control strategy calculations for these sources did not 
significantly change the control credits nor result in an inability to 
demonstrate attainment and maintenance of the PM10 NAAQS in Butte. 
With the adjustments, the 24-hour attainment value (i.e., ambient 
PM10 air quality levels achieved by 19952) increased 0.1 
g/m3 to 144.4 g/m3 and the annual 
attainment value is unchanged at 42.1 g/m3. (Before these 
adjustments, the 24-hour attainment value was 144.3 g/
m3.) The adjusted 24-hour maintenance value (i.e., ambient 
PM10 air quality levels maintained through January 1, 1998) 
increased 1.3 g/m3 to 145.5 g/m3 and the 
annual maintenance value increased 0.1 g/m3 to 41.7 
g/m3. (Before these adjustments, the 24-hour and annual 
attainment values were 144.2 g/m3 and 41.6 g/
m3, respectively.)
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    \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 of the PM10 NAAQS by January 1, 1995. 
EPA is approving the State's demonstration on the basis of the de 
minimis differential between the two dates.
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    The State believes that since the reported emissions from 
Walkerville were determined to be insignificant and the control values 
and demonstrations are not significantly altered, the SIP is still 
adequate. These corrected calculations are based on more accurate 
emissions inventory numbers, and the adjusted values still adequately 
demonstrate attainment and maintenance of the PM10 NAAQS. Since 
these corrected values 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 calculations.

This Action

    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 Butte PM10 SIP in a letter dated July 9, 
1992. Technical corrections were submitted by the State with a letter 
dated May 17, 1993. The submittals were intended to satisfy those 
moderate PM10 SIP requirements due for Butte on November 15, 1991. 
As described in EPA's proposed action on this SIP (58 FR 50530-50536, 
September 28, 1993), the Butte 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 
Butte.3 Please refer to EPA's notice of proposed rulemaking (58 FR 
50530) and the TSD for that action for a more detailed discussion of 
these elements of the Butte plan.
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    \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.
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    In this notice of final rulemaking action, EPA is announcing its 
approval of those elements of the Butte moderate nonattainment area 
PM10 SIP that were due on November 15, 1991, and submitted by the 
Governor on July 9, 1992, with technical corrections submitted in a 
letter dated May 17, 1993. In addition, EPA is correcting the 
nonattainment area boundary description for Butte in order to address 
an error in the previous description. The nonattainment area boundary 
issue is discussed in detail in the September 28, 1993 proposed 
approval and associated TSD.
    EPA finds that the State of Montana's PM10 SIP for the Butte 
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 Butte 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 Montana Resources, Inc. 
and Rhone-Poulenc, Butte will be in attainment by January 1, 1995 (see 
footnote #2) and 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 Butte: 
(1) Butte/Silver Bow Resolution No. 1307, which sets sanding and chip 
sealing standards and street sweeping and flushing requirements; (2) 
Butte/Silver Bow Ordinance No. 330, which regulates residential wood 
burning and idling diesel vehicles and locomotives; (3) industry permit 
modifications made at Rhone-Poulenc to reduce allowable plant-wide 
emissions; and (4) the federal tailpipe standards, which provide an 
ongoing benefit due to fleet turnover. Also, additional control 
measures were implemented through industry permit modifications made at 
Montana Resources, Inc. to (a) limit winter PM10 emissions from 
haul trucks and support vehicles; (b) limit winter PM10 diesel 
exhaust emissions; and (c) limit winter PM10 emissions from the 
ore dump, molybdenum dryer and lime handling process. The RACM 
(including RACT) provisions in the SIP and the additional control 
measures implemented at Montana Resources, Inc. are described further 
in the technical support document associated with EPA's September 28, 
1993 notice of proposed rulemaking on this SIP.
    Further, although no credit was claimed in the SIP, EPA notes that 
the State has adopted, as part of the Butte SIP, the Montana Smoke 
Management Plan, which sets standards for the regulation of prescribed 
burning. EPA approved this plan in a separate rulemaking action.
    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 Butte moderate PM10 nonattainment 
area SIP (58 FR 50530). 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 Butte will result in the attainment of the PM10 NAAQS by 
January 1, 1995 (see footnote #2). By this notice EPA is approving the 
Butte PM10 plan's control measures as satisfying the RACM, 
including RACT, requirement.
    As noted, EPA did not propose to approve some aspects of the Butte 
SIP, as explained in the notice of proposed rulemaking (58 FR 50530-
50536) and associated TSD. To address EPA-identified deficiencies in 
the Butte and statewide SIP, the State committed to complete additional 
tasks to correct these deficiencies. A more detailed explanation of the 
State's commitments can be found in EPA's September 28, 1993 proposed 
approval of the Butte moderate nonattainment area PM10 SIP (58 FR 
50530-50536) and the TSD for that action).
    The State has fulfilled one commitment regarding revising the 
demonstrations of attainment and maintenance to properly handle 
background concentrations, and another commitment regarding 
clarification that the statewide emergency episode plan applies in 
Butte. These commitments were fulfilled by the State with the submittal 
of the May 17, 1993 technical corrections. The remaining commitments do 
not impact the attainment or maintenance demonstrations, credited 
control strategies in the Butte PM10 SIP, or other federal Clean 
Air Act SIP requirements for the Butte moderate PM10 nonattainment 
area due to EPA on November 15, 1991. Therefore, EPA will take separate 
action, as appropriate, when the remaining commitments are fulfilled by 
the State.
    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 
regulatory requirements.

Final Action

    This document announces EPA's final action on the rulemaking 
proposed at 58 FR 50530. As noted elsewhere in this 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.

Regulatory Process

    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 May 10, 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 (OMB) 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 agreed to continue the waiver 
until such time as it rules on EPA's request.

List of Subjects

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.

40 CFR Part 81

    Air pollution control, National Parks, Wilderness areas.

    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 12, 1993.
Jack W. McGraw,
Acting Regional Administrator.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    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)(29) to read 
as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (29) The Governor of Montana submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Butte, Montana with a letter dated July 
9, 1992, with technical corrections dated May 17, 1993. The submittals 
were made to satisfy those moderate PM10 nonattainment area SIP 
requirements due for Butte on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed October 8, 1991 between the Montana 
Department of Health and Environmental Sciences and the Butte-Silver 
Bow Council of Commissioners, which delineates responsibilities and 
authorities between the two entities.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Butte-Silver Bow Air 
Pollution Control Program.
    (C) Stipulation between the Montana Department of Health and 
Environmental Sciences (signed September 27, 1991), the Montana 
Department of Transportation (signed October 4, 1991), and the Butte-
Silver Bow Council of Commissioners (signed October 7, 1991) to ensure 
that Butte-Silver Bow and the Montana Department of Transportation 
comply with Butte-Silver Bow Council Resolution No. 1307.
    (D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, 
which addresses sanding and chip sealing standards and street sweeping 
and flushing requirements.
    (E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, 
which addresses residential wood burning and idling diesel vehicle and 
locomotive requirements.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit #1636A, with a final modification date of October 26, 
1991, for Rhone-Poulenc's elemental phosphorus plant.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit #1749-04, with a final modification date of March 20, 
1992, for Montana Resources, Inc.'s open pit copper and molybdenum 
mine, crushing and milling operation and concentrator.
    (C) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (D) Federal tailpipe standards, which provide an ongoing benefit 
due to fleet turnover.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:


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


    2. In 81.327 the PM-10 table is amended by revising the entry for 
``Silver Bow County, Butte'' to read as follows:


Sec. 81.327  Montana.

* * * * *

                                                           Montana--PM-10 Nonattainment Areas                                                           
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                Designated Area                        ***                       ***                       ***                       ***                
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                                                                       * * * * * *                                                                      
Silver Bow County                                                                                                                                       
  Butte.........................................                                                                                                        
    The following area of Butte-Silver Bow                                                                                                              
     excluding the territorial limits of the                                                                                                            
     City of Walkerville: beginning at the                                                                                                              
     Northwest corner of Section 2, T.3N.,                                                                                                              
     R.8W.; thence Easterly to Northeast corner                                                                                                         
     Section 5, T.3N., R.7W.; thence Southerly                                                                                                          
     to Northwest corner Section 9, T.3N.,                                                                                                              
     R.7W.; thence Easterly to Northeast corner                                                                                                         
     Section 10, T.3N., R.7W.; thence Southerly                                                                                                         
     to Southeast corner Section 22, T.2N.,                                                                                                             
     R.7W.; thence Westerly to Southwest corner                                                                                                         
     Section 19, T.2N., R.7W.; thence Northerly                                                                                                         
     to Northwest corner Section 19, T.2N.,                                                                                                             
     R.7W.; thence Westerly to Southwest corner                                                                                                         
     Section 14, T.2N., R.8W.; thence Northerly                                                                                                         
     to Southwest corner Section 35, T.3N.,                                                                                                             
     R.8W.; thence Westerly to Southwest corner                                                                                                         
     Section 34, T.3N., R.8W.; thence Northerly                                                                                                         
     to Northwest corner Section 27, T.3N.,                                                                                                             
     R.8W.; thence Westerly to Southwest corner                                                                                                         
     Section 20, T.3N., R.8W.; thence Northerly                                                                                                         
     to Northwest corner Section 17, T.3N.,                                                                                                             
     R.8W.; thence Easterly to Northwest corner                                                                                                         
     Section 14, T.3N., R.8W.; thence Northerly                                                                                                         
     to the point of beginning.                                                                                                                         
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[FR Doc. 94-5614 Filed 3-10-94; 8:45 am]
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