[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8965]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MT1-1-6311; FRL-4859-5]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Montana; State Implementation Plan for Columbia Falls PM10 
Nonattainment Area

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 Columbia Falls. 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.

EFFECTIVE DATE: This final rule will become effective on May 16, 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 USEPA Air & 
Radiation Docket Information Center, 401 M Street, SW., Washington, DC 
20460.

FOR FURTHER INFORMATION CONTACT: Meredith Bond, Environmental 
Protection Agency, Region VIII, (303) 293-1764.

SUPPLEMENTARY INFORMATION:

I. Background

    The Columbia Falls, 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 (Flathead County; Columbia Falls 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.
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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 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.
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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 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 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 PM10 NAAQS by the applicable 
statutory deadline. See section 172(c)(9) and 57 FR 13543-13544.
    On January 27, 1994, EPA announced its proposed approval of the 
Columbia Falls, Montana moderate nonattainment area PM10 SIP as 
meeting those moderate PM10 SIP requirements due on November 15, 
1991 (59 FR 3804-3808). 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 Columbia Falls 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 59 FR 3808), and no comments were received during the 
comment period, which ended on February 28, 1994. This final action on 
the Columbia Falls moderate nonattainment area PM10 SIP is 
unchanged from the January 27, 1994 proposed approval action.
    The discussion herein provides only a broad overview of the 
proposed action EPA is now finalizing. The public is referred to the 
January 27, 1994 proposed rule for a more in depth discussion of the 
action now being finalized.

II. Response to Comments

    EPA did not receive any public comments regarding its January 27, 
1994 proposed approval of the Columbia Falls moderate nonattainment 
area PM10 SIP (59 FR 3804-3808).

This Action

    Section 110(k) of the Act sets out provisions governing EPA's 
review of SIP submittals (see 57 FR 13565-13566). 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. 
The submittals were intended to satisfy those moderate PM10 SIP 
requirements due for Columbia Falls on November 15, 1991.
    As described in EPA's proposed action on this SIP (59 FR 3804-3808, 
January 27, 1994), the Columbia Falls 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, 
19952, 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 Columbia Falls3 Please refer to 
EPA's notice of proposed rulemaking (59 FR 3805) and the TSD for that 
action for a more detailed discussion of these elements of the Columbia 
Falls plan.
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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.
    \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 final rule, EPA is announcing its approval of those 
elements of the Columbia Falls moderate nonattainment area PM10 
SIP that were due on November 15, 1991, and submitted by the Governor 
on November 25, 1991 and May 6, 1992, with technical corrections 
submitted in a letter dated June 15, 1993. Specifically, EPA is 
approving 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.
    EPA finds that the State of Montana's PM10 SIP for the 
Columbia Falls 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 Columbia Falls 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 the 
Plum Creek sawmill and fiberboard plant, Columbia Falls 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 Columbia 
Falls: (1) Flathead County Rules No. 601-606, which provide re-
entrained road dust controls, including sanding and chip sealing 
standards and street sweeping and flushing requirements; (2) Flathead 
County Rules No. 201-209, which regulate prescribed burning; (3) 
Flathead County Air Pollution Control Program, Chapter VIII, Sub-
chapter 3, which contains a voluntary solid fuel burning device 
curtailment program, and Sub-chapter 4, which lists materials 
prohibited from burning in wood or coal residential stoves; (4) 
industry permit modifications made at Plum Creek to reduce allowable 
plant-wide emissions; and (5) the Federal tailpipe standards, which 
provide an ongoing benefit due to fleet turnover. The RACM (including 
RACT) provisions in the SIP are described further in the technical 
support document associated with EPA's January 27, 1994 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 Columbia Falls SIP, the Montana 
Smoke Management Plan, which sets standards for the regulation of 
prescribed burning. EPA approved this plan in a separate rulemaking 
action. (59 FR 2988, January 20, 1994).
    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 Columbia Falls moderate PM10 
nonattainment area SIP (59 FR 3804). 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 Columbia Falls will result in the attainment of 
the PM10 NAAQS by January 1, 1995 (see footnote # 2). By this 
action EPA is approving the Columbia Falls PM10 plan's control 
measures as satisfying the RACM, including RACT, requirement.
    As noted, EPA did not propose to approve some aspects of the 
Columbia Falls SIP, as explained in the notice of proposed rulemaking 
(59 FR 3804-3808) and associated TSD. 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. Therefore, EPA will 
take separate action, as appropriate, when the remaining commitments 
are fulfilled by the State. A more detailed discussion of the State's 
commitments can be found in EPA's January 27, 1994 proposed approval of 
the Columbia Falls moderate nonattainment area PM10 SIP (59 FR 
3804-3808) and the TSD for that 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.

Final Action

    This document announces EPA's final action on the rulemaking 
proposed at 59 FR 3804. 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 2 to 
Table 3 under the processing procedures established at 54 FR 2214, 
January 19, 1989.
    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.

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 June 13, 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), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. 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 two years. EPA 
has submitted a request for a permanent waiver for Table 2 and 3 SIP 
revisions. The OMB has agreed to continue 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

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    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: March 24, 1994.
William P. Yellowtail,
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)(31) to read 
as follows:


Sec. 52.1370  Identification of plan.

 * * * * *
    (c) * * *
    (31) The Governor of Montana submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Columbia Falls, Montana with letters 
dated November 25, 1991 and May 6, 1992, with technical corrections 
dated June 15, 1993. The submittals were made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Columbia Falls on 
November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed November 15, 1991 between the Montana 
Department of Health and Environmental Sciences, the Flathead County 
Commission, and the Kalispell City Council and the Columbia Falls City 
Council, which delineates responsibilities and authorities between the 
MDHES and Flathead County.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Flathead County Air 
Pollution Control Program.
    (C) Flathead County Board of Commissioners Resolution No. 867, 
adopting the Flathead County Air Pollution Control Program and Flathead 
County Air Pollution Control Regulations, with the exception of rules 
501 through 506, signed October 3, 1991.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit # 2667-M, with a final modification date of January 24, 
1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit 
due to fleet turnover.
[FR Doc. 94-8965 Filed 4-13-94; 8:45 am]
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