[Federal Register Volume 59, Number 167 (Tuesday, August 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21312]


[[Page Unknown]]

[Federal Register: August 30, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT6-1-5485a and MT20-1-6355a; FRL-5053-7]

 

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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: 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 nonattainment area PM10 SIP for 
Libby. The effect of EPA's final action is to make the Libby PM10 
SIP, including the Lincoln County Air Pollution Control Program 
regulations, federally enforceable.

DATES: This final rule will be effective October 31, 1994, unless 
adverse comments are received by September 29, 1994. If the effective 
date is delayed, timely notice will be published in the Federal 
Register.

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; and Montana Department of Health and Environmental Sciences, 
Air Quality Division, 836 Front Street, Helena, Montana; and USEPA Air 
& Radiation Docket Information Center, 401 M Street, SW., Washington, 
DC 20460.

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

SUPPLEMENTARY INFORMATION:

I. Background

    The Libby, 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) and 40 CFR 81.327 
(specifying designation for Libby). The air quality planning 
requirements for moderate PM10 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 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 today's action and the 
supporting rationale.
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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. 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 document and supporting information.
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    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 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 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 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 13510-13512 and 57 FR 13543-13544.

II. This Action

    EPA is approving the Libby PM10 SIP, which includes the 
Lincoln County Air Pollution Control Program, as revised by the State 
of Montana on March 19, 1993, and submitted by the Governor of Montana 
to EPA on May 24, 1993, with the exception of contingency measures. 
Final technical corrections to the SIP were sent to EPA with a letter 
dated June 3, 1994. This submittal replaced earlier submittals, 
detailed as follows:
    The Libby PM10 SIP was originally adopted by the Montana Board 
of Health and Environmental Sciences (MBHES) on November 15, 1991, and 
submitted to EPA by the Governor on November 25, 1991. To address 
deficiencies identified by EPA, commitments were adopted by the State 
after a public hearing on December 21, 1992, and submitted to EPA on 
January 13, 1993, as additional tasks to be completed to correct the 
deficiencies in the Libby and statewide SIP. The commitments relevant 
to the moderate PM10 nonattainment area SIP requirements due 
November 15, 1991, were fulfilled through SIP revisions adopted by the 
MBHES on March 19, 1993, and submitted by the Governor of Montana to 
EPA on May 24, 1993. In his cover letter, the Governor said that this 
May 24, 1993, submittal should replace the documents submitted in 
November 1991. Final technical corrections to the SIP were sent to EPA 
in a letter dated June 3, 1994.
    The May 24, 1993, submittal also included contingency measure 
provisions. In a May 27, 1994, letter from Douglas M. Skie (EPA) to 
Jeff Chaffee (Montana Air Quality Bureau, MAQB), EPA advised the State 
that additional language concerning triggering of the contingency 
measures would be needed in the local regulations. EPA will propose 
separate action on the contingency measures once the State has 
incorporated the necessary changes, and submitted the revised SIP 
element to EPA.3
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    \3\The State is working with the local governments to amend the 
Lincoln County Air Pollution Control Plan to address EPA's concerns 
with the contingency measure trigger language. The State expects to 
incorporate the changes into the Montana SIP and submit a SIP 
revision to EPA during the fall of 1994.
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    The State has fulfilled all remaining commitments. EPA is preparing 
separate actions on State submissions which satisfy commitments 
relating to Montana's operating permit program, and to Montana's New 
Source Review and Prevention of Serious Deterioration regulations and 
PM10 emission test methods. These items do not impact the 
attainment or maintenance demonstrations, credited control strategies 
in the Libby PM10 SIP, or other federal Clean Air Act SIP 
requirements for the Libby moderate PM10 nonattainment area due to 
EPA on November 15, 1991. A more detailed discussion of these 
commitments can be found in the Technical Support Document (TSD) for 
this action.
    Section 110(k) of the Act sets out provisions governing EPA's 
review of SIP submittals (see 57 FR 13565-66). In today's action, EPA 
is granting approval of those elements of the Libby PM10 plan that 
were due on November 15, 1991, and submitted by the State on May 24, 
1993, with final technical corrections dated June 3, 1994. EPA believes 
that the Libby plan meets the applicable requirements 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.4 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. 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). EPA's completeness criteria for SIP submittals are 
set out at 40 CFR part 51, appendix V. 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.
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    \4\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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    To entertain public comment on the implementation plan for Libby, 
the State of Montana, after providing adequate notice, held a public 
hearing on November 15, 1991, to address the local air pollution 
control program and the Libby SIP. Following the public hearing, the 
local air pollution control plan and the Libby PM10 SIP were 
adopted by the State. The Governor of Montana submitted the SIP to EPA 
on November 25, 1991. The SIP submittal was reviewed by EPA to 
determine completeness in accordance with the completeness criteria set 
out at 40 CFR part 51, appendix V. The submittal was found to be 
complete, and a letter dated April 29, 1992, was forwarded to the 
Governor indicating the completeness of the submittal and the next 
steps to be taken in the review process.
    Due to EPA comments regarding PM10 SIPs for other Montana 
nonattainment areas, the State included commitments with the November 
25, 1991, Libby submittal to address statewide deficiencies (New Source 
Review/Prevention of Significant Deterioration regulations, test 
methods, and an operating permit program), along with Libby-specific 
commitments regarding revising the attainment and maintenance 
demonstrations to properly handle background concentrations and to 
correct wood-burning program calculations, clarifying that the state 
emergency episode plan applies in Libby, and adopting contingency 
measures. In an October 7, 1992, letter from Doug Skie, EPA to Jeff 
Chaffee, MAQB, EPA notified the State that its commitments would need 
to be taken through the public hearing process, which would delay EPA's 
approvability determination. The State held a public hearing on 
December 21, 1992, and resubmitted the commitments as an official 
Governor's submittal in a letter dated January 13, 1993.
    On March 19, 1993, the State of Montana, after providing adequate 
notice, held a public hearing to entertain public comment on revisions 
to the Libby PM10 SIP to satisfy several of the Governor's 
commitments, as discussed above. Following the public hearing, the 
revisions to the local air pollution control plan and the Libby 
PM10 SIP were adopted by the State. The Governor of Montana 
submitted the revised SIP to EPA on May 24, 1993. This submittal was 
deemed to be complete six months later on November 24, 1993. The Acting 
Administrator of EPA Region VIII sent a letter to the Governor on 
January 4, 1994, documenting that the submittal was deemed to be 
complete, and that EPA did review the May 24, 1993, Libby PM10 SIP 
submittal and found that it met the completeness criteria set out at 40 
CFR part 51, appendix V. The Governor's submittal letter stated that 
this new submittal should replace the November 25, 1991, SIP submittal.
    Subsequently, the State has fulfilled all remaining Governor's 
commitments. EPA is preparing separate actions on submittals addressing 
the statewide commitments (New Source Review/Prevention of Significant 
Deterioration regulations, test methods, and an operating permit 
program). A detailed description of the Libby commitments is contained 
in the TSD for this action.
    In this final rule action, EPA is announcing its approval of the 
revised Montana PM10 SIP submittal for Libby, as dated May 24, 
1993 with final technical corrections dated June 3, 1994, with the 
exception of the contingency measures (which EPA will address 
separately).
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).
    Libby's base year emissions inventory was developed for October 31, 
1987, through November 30, 1988. The results were as follows. Annually, 
area sources account for 70.8% of the PM10 emissions, with re-
entrained road dust the largest contributor at 62.4%. Residential wood 
burning, another area source, accounts for 7.6% of the PM10 
emissions in the Libby area. The Stimson Lumber Company5 sawmill 
and plywood plant is the largest point source, contributing 29.2% of 
the Libby area emissions. Two-thirds of its contribution is 
attributable to fugitive dust.
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    \5\Formerly Champion International. The facility was sold and 
renamed Stimson Lumber Company in early 1994, after the State 
submitted this SIP revision for the Libby, MT, PM10 
nonattainment area. All existing permits relating to the facility 
remain in effect.
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    The emission inventory shows that the emissions are seasonal, with 
re-entrained road dust the primary source in spring and summer. 
Industry is the most important source category in the fall and winter. 
However, fugitive dust accounts for a large portion of the industrial 
emissions: 56.6% in the summer, 48.2% in the fall, and 18.2% in the 
winter. Re-entrained road dust is the major area source during the 
spring (83.7%), summer (53.9%), and fall (41.7%), and residential wood 
combustion is the major area source in the winter (27.3%).
    EPA is approving the emissions 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.6 For further details see the TSD.
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    \6\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 amended Act (see section 
193 of the CAA).
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3. RACM (Including RACT)
    As noted, the initial moderate PM10 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 PM10 nonattainment problem in Libby. The following table 
contains an outline of these sources/source categories, their control 
measures and associated emissions reduction credit, and effective 
dates. 

------------------------------------------------------------------------
  Source/source                            PM10 emissions      Effective
    category         Control measure          reduction          date   
------------------------------------------------------------------------
Re-entrained      Lincoln County Road   ....................    03/01/93
 road dust.        Dust Control                                         
                   Regulations.                                         
                  Regulation 3:         38%.................  ..........
                   Materials to be                                      
                   Used on Roads and                                    
                   Parking Lots.                                        
                  Regulation 4: Street  58%.................  ..........
                   Sweeping and                                         
                   Flushing.                                            
                  Regulation 6:         7%..................  ..........
                   Limiting the                                         
                   Application of                                       
                   Sanding Material.                                    
                  Combined controls...  460.7 tpy 38%         ..........
                                         (annual) or 48% (24-           
                                         hr).                           
Prescribed        Lincoln County Open   (No credit taken)...    03/01/93
 burning.          Burning Regulation:                                  
                   Regulation 7.                                        
Residential wood  Lincoln County Solid  53 tpy 31% (annual)     03/01/93
 combustion.       Fuel Burning          or 1196 #/day 66%              
                   Regulation:           (24-hour).                     
                   Regulation 2.                                        
Industry........  Stimson Lumber        ....................    07/25/91
                   Company permit                                       
                   modification #2627-                                  
                   M.                                                   
                  Boilers & Dryers....  449 tpy, or 55%.....  ..........
                  Haul Road Fugitive    220 tpy, or 70%.....  ..........
                   Dust.                                                
Motor vehicle     Federal tailpipe      12.2% 1988-1994 time       (\1\)
 exhaust.          standards.            period or 1.0% 1995-           
                                         1997 time period.              
------------------------------------------------------------------------
\1\Ongoing due to fleet turnover.                                       

    A more detailed discussion of the individual source contributions 
and their associated control measures (including available control 
technology) can be found in the TSD for this 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 
PM10 nonattainment plan for Libby will result in the attainment of 
the PM10 NAAQS by December 31, 1994. By this action EPA is 
approving the Libby PM10 plan's control strategy as satisfying the 
RACM (including RACT) requirement.
4. Demonstration
    As noted, the initial moderate PM10 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). Montana conducted an attainment demonstration 
using receptor modeling (CMB) and rollback modeling for Libby. The 24-
hour PM10 NAAQS is 150 micrograms/cubic meter (g/m\3\), 
and the standard is attained when the expected number of days per 
calendar year with a 24-hour average concentration above 150 
g/m\3\ is equal to or less than one (see 40 CFR 50.6). The 
annual PM10 NAAQS is 50 g/m\3\, and the standard is 
attained when the expected annual arithmetic mean concentration is less 
than or equal to 50 g/m\3\ (lid.)
    The demonstration for Libby indicates that the 24-hour PM10 
NAAQS will be attained by December 31, 1994, at 139.2 g/m\3\. 
The demonstration indicated that an annual concentration of 47.6 
g/m\3\ will be achieved by 1995,7 showing attainment of 
the annual PM10 NAAQS. 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 
action.
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    \7\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 Libby nonattainment area.
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5. PM10 Precursors
    The control requirements that are applicable to major stationary 
sources of PM10 also apply to major stationary sources of 
PM10 precursors, unless EPA determines such sources do not 
contribute significantly to PM10 levels which exceed the NAAQS in 
that area (see section 189(e) of the Act). The General Preamble 
contains guidance addressing how EPA intends to implement section 
189(e) (57 FR 13539-13540 and 13541-13542). An analysis of air quality 
and emissions data for the Libby nonattainment area indicates that 
exceedances of the NAAQS are attributable chiefly to direct particulate 
emissions from re-entrained road dust and residential wood burning 
(i.e., area sources). Neither the emissions inventory nor the CMB 
analysis for Libby revealed any major stationary sources of PM10 
precursors. Consequently, EPA has determined that major sources of 
precursors of PM10 do not contribute significantly to PM10 
levels in excess of the NAAQS. The consequence of this finding is to 
exclude any such sources from the applicability of PM10 
nonattainment area control requirements. Further discussion of the 
analyses and supporting rationale for EPA's finding are contained in 
the TSD accompanying this notice. Note that while EPA is making 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. EPA intends to 
issue future guidance addressing the effect of such potential changes 
in the significance of precursor emissions in an area.
6. Quantitative Milestones and Reasonable Further Progress
    The PM10 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). RFP is defined in 
section 171(l) as such annual incremental reductions in emissions of 
the relevant air pollutant as are required by Part D or may reasonably 
be required by the Administrator for the purpose of ensuring attainment 
of the applicable NAAQS by the applicable date.
    While section 189(c) plainly provides that quantitative milestones 
are to be achieved until an area is redesignated attainment, it is 
silent in indicating the starting point for counting the first 3-year 
period or how many milestones must be initially addressed. In the 
General Preamble, EPA addressed the statutory gap in the starting point 
for counting the 3-year milestones, indicating that it would begin from 
the due date for the applicable implementation plan revision containing 
the control measures for the area (i.e., November 15, 1991, for initial 
moderate PM10 nonattainment areas). See 57 FR 13539.
    As to the number of milestones, EPA believes that at least two 
milestones must be initially addressed. Thus, submittals to address the 
SIP revisions due on November 15, 1991, for the initial moderate 
PM10 nonattainment areas must demonstrate that at least two 
milestones will be achieved (1st milestone: November 15, 1991, through 
November 15, 1994; 2nd milestone: November 15, 1994, through November 
15, 1997).
    For the initial PM10 nonattainment areas that demonstrate 
timely attainment, the emissions reduction progress made between the 
SIP submittal (due date of November 15, 1991) and the attainment date 
will satisfy the first quantitative milestone. See 57 FR 13539. For 
areas that demonstrate timely attainment of the PM10 NAAQS, the 
milestones beyond the attainment achievement date should, at a minimum, 
provide for continued maintenance of the standards.\8\
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    \8\Section 189(c) provides that quantitative milestones are to 
be achieved ``until the area is redesignated attainment.'' However, 
this endpoint for quantitative milestones is speculative because 
redesignation of an area as attainment is contingent upon several 
factors and future events. Therefore, EPA believes it is reasonable 
for States to initially address at least the first two milestones. 
Addressing two milestones will ensure that the State continues to 
maintain the NAAQS beyond the attainment date for at least some 
period during which an area could be redesignated attainment. 
However, in all instances, additional milestones must be addressed 
if an area is not redesignated attainment.
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    As indicated previously, the SIP for the Libby nonattainment area 
demonstrates attainment of the PM10 NAAQS by December 31, 1994. 
The SIP also demonstrates that the PM10 NAAQS will be maintained 
in future years by predicting a 24-hour design concentration of 137.1 
g/m3 and an annual design concentration of 46.0 
g/m3 for the year 1998. Therefore, EPA is approving the 
submittal as meeting the quantitative milestone requirement currently 
due.
    The assurance that milestones and reasonable further progress will 
be achieved is based upon the State adopting and implementing the 
particular control measures contained in the SIP which are addressed in 
Section II.A.3, ``RACM (including RACT),'' of this document.
    Finally, once a milestone has passed, the State will have to 
demonstrate that the milestone was, in fact, achieved for the Libby 
area as provided in section 189(c)(2) of the Act. The State of 
Montana's PM10 SIP indicates that the Montana Department of Health 
and Environmental Sciences (MDHES) and the Lincoln County Health 
Department (LCHD) will submit to EPA a milestone report consistent with 
federal guidelines by December 31, 1994.
    All exceedances of the PM10 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 II.A.3, ``RACM (including RACT).'' The Lincoln County 
air pollution control ordinances, as included in the SIP, are legally 
enforceable by LCHD. There are penalties for noncompliance with the 
mandatory solid fuel burning device regulation that are $25 for the 
third and subsequent violations. There are also penalties for violation 
of any provision of the open burning regulation that are: a fine not 
less than $10 and not more than $200 for each offense, except for 
burning hazardous wastes (as defined by 40 CFR part 261), which carries 
a penalty of a fine not to exceed $10,000 for each offense.
    The Lincoln County Air Pollution Control Program and the associated 
local regulations are also enforceable by the MDHES, if the LCHD fails 
to administer the program. Since the program has been approved by the 
MBHES in accordance with section 75-2-301 of the Montana Clean Air Act 
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-
401-429, Montana Code Annotated.
    The emission limits for the Stimson Lumber Company facility are 
enforceable by the MDHES through air quality permit #2627-M with a 
final modification date of July 25, 1991. Section 75-2-401 of the 
Montana Clean Air Act 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 Lincoln County Air Pollution Control Program was established in 
accordance with the requirements of section 75-2-301 of the Montana 
Clean Air Act, as amended (1991). A stipulation between the MDHES, the 
Lincoln County Commission and the Libby City Council was signed on 
March 18, 1993, to delineate responsibilities and authorities between 
the MDHES and the local authorities. On March 19, 1993, the MBHES held 
a public hearing and (a) approved the PM10 emission control plan 
for the Libby PM10 nonattainment area, and (b) incorporated the 
Lincoln County local air pollution control program and the PM10 
emission control plan for the Libby area into the Montana SIP, and (c) 
issued a board order effectuating the program. The ordinances, 
stipulation, and board order were submitted to EPA with the Libby 
PM10 SIP.
    The State also submitted a State Assistant 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 made.
    The Lincoln County ordinances are in effect now, as is the State's 
permit modification for Stimson Lumber Company. The State of Montana 
has a program that will ensure that the measures contained in the Libby 
PM10 SIP are adequately enforced. EPA believes that the State's 
and Libby's existing air enforcement program will be adequate. The TSD 
for this action contains further information on enforceability 
requirements, responsibilities, and 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 57 FR 13543-
13544. These measures were required to 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 PM10 NAAQS by the 
applicable statutory deadline.
    The Libby nonattainment area SIP contains contingency measures that 
address re-entrained road dust (use of liquid de-icer and expansion of 
sanding and sweeping area to Air Pollution Control District boundaries) 
and residential wood combustion (prohibiting burning except under 
specified permits for the entire period between October 1 and March 31 
each year). In a May 27, 1994, letter from Doug Skie, EPA, to Jeff 
Chaffee, MAQB, EPA advised the State that additional language was 
needed in the triggering mechanism for the contingency measures. The 
State is working with the local governments and health department to 
adopt the necessary changes. EPA will take separate action on the Libby 
PM10 contingency measures. See the TSD for this action for a more 
detailed discussion of the contingency measure deficiencies.

III. Final Action

    EPA is approving the PM10 SIP submitted to EPA on May 24, 
1993, with final technical corrections dated June 3, 1994, for the 
Libby, Montana nonattainment area, with the exception of the 
contingency measures. Among other things, the State of Montana has 
demonstrated that the Libby moderate PM10 nonattainment area will 
attain the PM10 NAAQS by December 31, 1994. EPA is also approving 
the Lincoln County Air Pollution Control Program, which was included in 
the Libby SIP submittal.
    Because EPA considers this action noncontroversial and anticipates 
no adverse comments, this final approval is made without prior 
proposal. However, in a separate document in this Federal Register 
publication, the EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action will be effective 
October 31, 1994 unless, by September 29, 1994, adverse or critical 
comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective October 31, 1994.
    As noted, additional submittals for the initial moderate PM10 
nonattainment areas (i.e., nonattainment new source review program 
requirements) are due independent of the SIP requirements addressed in 
this action. EPA will determine the adequacy of any such submittal as 
appropriate.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. Each request for revision to any SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors, and in relation to relevant statutory and regulatory 
requirements.
    The OMB has exempted this action from review under Executive Order 
12866.
    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 a 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 31, 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 
filed, 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 Act, section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: August 3, 1994.
Jack 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)(33) to read 
as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (33) The Governor of Montana submitted a portion of the 
requirements for the moderate nonattainment area PM10 State 
Implementation Plan (SIP) for Libby, Montana with letters dated 
November 25, 1991 and May 24, 1993, with technical corrections dated 
June 3, 1994. The submittals were to satisfy those moderate PM10 
nonattainment area SIP requirements due for Libby on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed October 7, 1991 between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Lincoln County Air 
Pollution Control Program.
    (C) Stipulation signed March 18, 1993 between the Montana 
Department of Health and Environmental Sciences, the County of Lincoln 
and the City of Libby, seeking approval of amendments to the local air 
pollution control program.
    (D) Board order issued on March 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving amendments to the Lincoln 
County Air Pollution Control Program.
    (E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln 
County Department of Environmental Health, to Gretchen Bennitt, Air 
Quality Bureau, Montana Department of Health and Environmental 
Sciences, which explains the local adoption process and effective date 
of amendments to the Lincoln County Air Quality Control Program 
regulations.
    (F) Lincoln County Board of Commissioners Resolution No. 276, 
signed December, 23, 1992, and Libby City Council Ordinance No. 1470, 
signed February 1, 1993, adopting amendments to the Lincoln County Air 
Quality Control Program regulations 1 through 7.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit #2627-M, with a final modification date of July 25, 
1991, for Stimson Lumber Company (formerly Champion International 
Corporation), Libby Facility.
    (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. 94-21312 Filed 8-29-94; 8:45 am]
BILLING CODE 6560-50-P