[Federal Register Volume 61, Number 54 (Tuesday, March 19, 1996)]
[Rules and Regulations]
[Pages 11153-11162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6004]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MT7-1-5487a; MT26-2-6874a; FRL-5438-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA approves the state implementation plan (SIP) for the 
Kalispell, Montana nonattainment area, the Flathead County Air 
Pollution Program, and a Board Order setting emission limits at nine 
Kalispell area stationary sources, submitted with letters dated 
November 25, 1991, January 11, 1994, August 26, 1994 and July 18, 1995, 
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 
to satisfy certain federal Clean Air Act requirements for an approvable 
moderate nonattainment area PM10 SIP for Kalispell. In addition, 
EPA also approves the SIP revisions submitted by the State of Montana 
on August 26, 1994, and July 18, 1995, to satisfy the Federal Clean Air 
Act requirement to submit contingency measures for the Kalispell and 
Columbia Falls moderate PM10 nonattainment areas. The Columbia 
Falls submittal also incorporates minor revisions to the attainment and 
maintenance demonstrations for the Columbia Falls moderate PM10 
nonattainment area SIP into the Montana SIP. Since the SIP still 
adequately demonstrates timely attainment and maintenance of the 
PM10 standard, EPA approves these revisions.
    EPA is also deleting an obsolete section of the Code of Federal 
Regulations (CFR) which applied to further requirements for the Butte 
total suspended particulates (TSP) plan.

DATES: This action is effective on May 20, 1996 unless adverse comments 
are received by April 18, 1996. If the effective date is delayed, 
timely notice will be published in the Federal Register.

ADDRESSES: Comments should be addressed to: Richard R. Long, Director, 
Air Program, EPA Region VIII, at the address listed below. Copies of 
the State's submittal and other information are available for 
inspection during normal business hours at the following locations: Air 
Program, Environmental Protection Agency, Region VIII, 999 18th Street, 
Suite 500, Denver, Colorado

[[Page 11154]]
80202-2466; and Montana Department of Health and Environmental 
Sciences, Air Quality Bureau, 826 Front Street, Helena, Montana 59620-
0901. The information may be inspected between 8 a.m. and 4 p.m., on 
weekdays, except for legal holidays. A reasonable fee may be charged 
for copying.

FOR FURTHER INFORMATION CONTACT: Callie Videtich, 8P2-A, Environmental 
Protection Agency, Region VIII, 999 18th Street, Suite 500, Denver, 
Colorado 80202-2466, (303) 312-6434.

SUPPLEMENTARY INFORMATION:

I. Background

    The Kalispell and Columbia Falls, Montana areas were 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 Flathead County). 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\ (EPA 
took action on the Columbia Falls PM10 SIP on April 14, 1994 (see 
59 FR 17700)).

    \1\ The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Public Law No. 101-549, 104 Stat. 2399. 
References herein are to the Clean Air Act, as amended (``the 
Act''). The Clean Air Act is codified, as amended, in the U.S. Code 
at 42 U.S.C. Sections 7401, et seq.
    \2\ Subpart 1 contains provisions applicable to nonattainment 
areas generally and Subpart 4 contains provisions specifically 
applicable to PM10 nonattainment areas. At times, Subpart 1 and 
Subpart 4 overlap or conflict. EPA has attempted to clarify the 
relationship among these provisions in the ``General Preamble'' and, 
as appropriate, in today's notice and supporting information.
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    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. In this rulemaking action on 
the Montana moderate PM10 SIP, EPA is applying its interpretations 
considering the specific factual issues presented.
    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 were due at a later date. States with initial 
moderate 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)]. States 
containing initial moderate PM10 nonattainment areas were also 
required to submit contingency measures by November 15, 1993 (see 57 FR 
13543). These measures must become effective, without further action by 
the State or EPA, upon a determination by EPA that the area has failed 
to achieve reasonable further progress (RFP) or to attain the PM10 
National Ambient Air Quality Standards (NAAQS) by the applicable 
statutory deadline. The contingency measures for Kalispell and Columbia 
Falls, which are described in Section II.2.A and II.2.B of this 
document, were submitted to fulfill this requirement. See Section 
172(c)(9) and 57 FR 13510-13512 and 13543-13544.

II. This Action

    EPA is taking five actions with this document. 1) Approval of the 
Kalispell PM10 nonattainment area control plan including the 
Flathead County Air Pollution Control Program. (EPA earlier took action 
on certain portions of the Program with the approval of the Columbia 
Falls PM10 SIP on April 14, 1994 (see 59 FR 17700). In this 
action, EPA is approving the Program as re-submitted by the Governor on 
August 26, 1994 with further modifications submitted on July 18, 1995). 
2) Approval of the Kalispell PM10 Contingency Measure Plan. 3) 
Approval of the Columbia Falls PM10 Contingency Measure Plan. 4) 
Deletion of an obsolete section of the Code of Federal Regulations 
(CFR) which applied to further requirements for the Butte total 
suspended particulates (TSP) plan. 5) Approval of Montana's New Source 
Review rules for Kalispell since precursors are determined to not 
contribute significantly. Below is a description of each of these 
actions.
    1. Kalispell PM10 SIP. EPA is approving the Kalispell 
PM10 nonattainment area control plan and rules of the Flathead 
County Air Pollution Control Plan found in the Flathead County Air 
Pollution Control Program originally submitted by the Governor on 
November 25, 1991, with revisions submitted on January 11, 1994, August 
26, 1994 and July 18, 1995. Flathead County contains two PM10 
nonattainment areas for which SIPs were due in November 1991: Columbia 
Falls and Kalispell. The Flathead County Air Pollution Control Program 
regulations apply to both areas and were submitted with the attainment 
demonstration for Kalispell on November 25, 1991. EPA initially took 
final approval action on all aspects of the Flathead County Air 
Pollution Control Program, except rules 501 through 506, with the 
Columbia Falls SIP on April 14, 1994 (see 59 FR 17700). The August 26, 
1994, submittal contained minor modifications to the Flathead county 
Air Pollution Control Program regulations that had been adopted through 
Board Order on May 20, 1994. Thus, EPA is taking action on the entire 
Flathead County Air Pollution Control Program submitted on August 26, 
1994, in order to assure that the most recent version of the rules is 
approved into the SIP. The July 18, 1995 submittal contained revised 
control effectiveness calculations.
    Section 110(k) of the Act sets out provisions governing EPA's 
review of SIP submittals (see 57 FR 13565-13566). In today's action, 
EPA is granting approval of those elements of the Kalispell PM10 
plan that were due on November 15, 1991, and submitted by the State on 
November 25, 1991, January 11, 1994, August 26, 1994, and July 18, 
1995. EPA believes that the Kalispell plan meets the applicable 
requirements of the Act.

[[Page 11155]]


A. Analysis of State Submission

1. Procedural Background. The Act requires States to observe certain 
procedural requirements in developing implementation plans and plan 
revisions for submission to EPA. Section 110(a)(2) of the Act provides 
that each implementation plan submitted by a State must be adopted 
after reasonable notice and public hearing.3 Section 110(l) of the 
Act similarly provides that each revision to an implementation plan 
submitted by a State under the Act must be adopted by such State after 
reasonable notice and public hearing. The EPA also must determine 
whether a submittal is complete and therefore warrants further EPA 
review and action (see section 110(k)(1) and 57 FR 13565). The EPA's 
completeness criteria for SIP submittals are set out at 40 CFR Part 51, 
Appendix V. The EPA attempts to make completeness determinations within 
60 days of receiving a submission. However, a submittal is deemed 
complete by operation of law if a completeness determination is not 
made by EPA six months after receipt of the submission.

    \3\ Also Section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
Section 110(a)(2).
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    To entertain public comment on the PM10 implementation plan 
for Kalispell, the State of Montana held a public hearing on November 
15, 1991. The State supplied evidence that adequate public notice for 
these hearings was provided. Following the public hearings, the Board 
of Health and Environmental Sciences adopted the Flathead County Air 
Pollution Control Program and the Kalispell PM10 Control Plan. The 
submittal for the Flathead County Air Pollution Control Program and 
Kalispell PM10 SIP were signed by the Governor on November 25, 
1991. The final plan was received by EPA on December 4, 1991, as a 
proposed revision to the SIP.
    The SIP revision and subsequent submittals from the Governor were 
reviewed by EPA to determine completeness in accordance with the 
completeness criteria set out at 40 CFR Part 51, Appendix V. The 
November 25, 1991 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. The January 11, 1994 submittal was found complete by 
default on July 11, 1994. The August 26, 1994 submittal was found 
complete and a letter was forwarded to the Governor of that finding on 
November 1, 1994. The July 18, 1995, submittal was found complete in a 
letter forwarded to the Governor on July 18, 1995.
    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).
    Kalispell's base year emission inventory was developed for 
September 1, 1986, through August 31, 1987. The results were segregated 
into seasonal emissions (winter, spring, summer, fall.) Area sources 
comprise over 90% of the PM10 emissions on an annual basis. 
Annually, paved road dust accounts for 80.16% of the PM10 
emissions, with unpaved road dust responsible for 7.45%. Industrial 
sources and residential woodburning account for 5.54% and 4.69% of the 
total emissions respectively. Re-entrained road dust is the primary 
source of emissions in all four seasons.
    EPA is approving the emission inventory because it is accurate and 
comprehensive, and provides a sufficient basis for determining the 
adequacy of the attainment demonstration for this area consistent with 
the requirements of sections 172(c)(3) and 110(a)(2)(K) of the 
Act.4 For further details see the Kalispell PM10 SIP TSD for 
this action.

    \4\ EPA issued guidance on PM-10 emissions inventories prior to 
the enactment of the Clean Air Act Amendments in the form of the 
1987 PM-10 SIP Development Guideline. The guidance provided in this 
document appears to be consistent with the revised Act.
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    3. RACM (Including RACT). As noted, the initial moderate 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 Kalispell. In the following 
table, an outline is presented on these sources, their control measures 
and associated emissions reduction credit, and effective dates.

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                 Source                              Control              PM10 emissions reduction    Effective 
---------------------------------------------------------------------------------------------------------\5\----
Re-entrained road dust.................  Flathead County Rules:                                                 
                                         501 Sanding & chip sealing      62% (credit taken only          5/20/94
                                          standards and 505 Street        for winter & spring.                  
                                          Sweeping and Flushing.                                                
                                         502 Construction and            (no credit taken)........       5/20/94
                                          Demolition Activity.                                                  
                                         503 Pavement of Roads Required  (no credit taken)........       5/20/94
                                         504 Pavement of Parking Lots    (no credit taken)........       5/20/94
                                          Required.                                                             
                                         506 Clearing of land greater    (no credit taken)........       5/20/94
                                          than 1/4 acre in size                                                 
                                          (requires measures to control                                         
                                          dust when clearing areas                                              
                                          larger than 1/4 acre).                                                
Prescribed burning.....................  Flathead County Rules:                                                 
                                         201 (Open Burning) Definitions  (no credit taken)........       5/20/94
                                         202 Materials Prohibited......  (no credit taken)........       5/20/94
                                         203 Minor Open Burning Source   (no credit taken)........       5/20/94
                                          Requirements.                                                         
                                         204 Major Open Burning Source   (no credit taken)........       5/20/94
                                          Requirements.                                                         
                                         205 Special Open Burning        (no credit taken)........       5/20/94
                                          Periods.                                                              
                                         206 Fire Fighter Training.....  (no credit taken)........       5/20/94
                                         207 Conditional Air Quality     (no credit taken)........       5/20/94
                                          Open Burning Permits.                                                 
                                         208 Emergency Open Burning      (no credit taken)........       5/20/94
                                          Permits.                                                              
                                         209 Permit Fees...............  (no credit taken)........       5/20/94

[[Page 11156]]
                                                                                                                
Residential wood combustion............  Flathead County Air Pollution   (no credit taken)........       5/20/94
                                          Control Program, CHAPTER                                              
                                          VIII, Sub-chapter 3,                                                  
                                          Voluntary Solid Fuel Burning                                          
                                          Device Curtailment Program                                            
                                          and Sub-chapter 4, Prohibited                                         
                                          Materials for Wood or Coal                                            
                                          Residential Stoves                                                    
Industry...............................  Board Order, limiting           (no credit taken)........       9/17/93
                                          allowable emissions, based                                            
                                          upon signed stipulations                                              
                                          between the following sources                                         
                                          and the State: A-1 Paving;                                            
                                          Equity Supply Company;                                                
                                          Flathead Road Dept. (two                                              
                                          stipulations issued);                                                 
                                          Klingler Lumber Co.; McElroy                                          
                                          and Wilkins; Montana Mokko;                                           
                                          Pack and Company, Inc.; Pack                                          
                                          Concrete; and Plum Creek Inc.                                         
                                          (Evergreen)..                                                         
Motor vehicle exhaust..................  Federal tailpipe standards....  (no credit taken)........   Ongoing due
                                                                                                        to fleet
                                                                                                       turnover.
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\5\ Note that the effective date of most of the following regulations is past the RACM/RACT implementation date 
  of December 10, 1993. The majority of these regulations were effective in 1991. However, as indicated         
  elsewhere in this action, minor revisions were made to some of the regulations. The table lists the most      
  recent effective date of these regulations.                                                                   


    A more detailed discussion of the source/source category 
contributions and their associated control measures (including 
available control technology) can be found in the Kalispell PM10 
SIP 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 resulted in the attainment of the PM10 NAAQS by December 31, 
1994. By this action EPA is approving the Kalispell PM10 plan's 
RACM (including RACT) in its entirety.
    4. Attainment and Maintenance Demonstrations. 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). The 24-hour 
PM10 NAAQS is 150 micrograms/cubic meter (g/m3), and 
the standard is attained when the expected number of days per calendar 
year with a 24-hour average concentration above 150 g/m3 
is equal to or less than one (see 40 CFR 50.6). The annual PM10 
NAAQS is 50 g/m3, and the standard is attained when the 
expected annual arithmetic mean concentration is less than or equal to 
50 g/m3 (id.)
    The Kalispell attainment and maintenance demonstrations are based 
upon both CMB analysis with rollback for area sources and dispersion 
modeling for stationary sources. The 1991 SIP submittal contained an 
attainment and maintenance demonstration based upon CMB. However, at 
the time of the CMB study, stationary sources were operating far below 
their allowable emission rates, and meteorological (wind) conditions 
did not allow for a reliable analysis of potential stationary source 
impacts. To supplement the receptor modeling-based analysis, the State 
agreed to evaluate industrial sources at their allowable emission rates 
using dispersion modeling.
    The industrial sources are removed, for the most part, from the 
downtown area and are not believed to impact the monitors used for the 
CMB analyses. Significant concentrations from industrial sources are 
expected to occur only in the immediate area around the industrial 
sources because of low stacks and fugitive type emissions. The intent 
of the dispersion modeling was to see if violations of the standard 
would occur in the immediate vicinity of the industrial sources. 
Therefore, the Kalispell attainment and maintenance demonstrations are 
based upon both CMB analysis for area sources and dispersion modeling 
for industrial sources.
    CMB: The attainment and maintenance demonstrations using CMB 
analysis for Kalispell indicate that the 24-hour PM10 NAAQS would 
be attained by December 31, 1994, at 137.2 g/m3, and it 
would be maintained in future years. The demonstration indicated that 
an annual concentration of 47.9 g/m3 would be achieved by 
1995, 6 showing attainment of the annual PM10 NAAQS. The 
annual NAAQS was also demonstrated to be maintained in future years. In 
the July 18, 1995 submittal, the Governor provided a revised 24-hour 
attainment demonstration which used a revised background concentration 
number and higher credits for the re-entrained road dust program based 
upon the expanded Kalispell Air Pollution Control District boundaries 
outlined in the August 26, 1994 submittal. Through the implementation 
of the controls in the expanded area, the attainment analysis indicated 
that the 24-hour value attained in the year 1995 would be 124.3 
g/m3 instead of the 137.2 g/m3 calculated 
in the November 25, 1991 submittal.

    \6\ 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 approving 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 Kalispell nonattainment area.
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    As mentioned above, a maintenance demonstration was contained in 
the November 25, 1991, submittal which showed maintenance of the 24-
hour standard through 1997. The July 18, 1995, submittal did not 
contain a revised maintenance demonstration. However, based upon the 
revised attainment year value of 124.3 g/m3 and the 
projected 2.1% annual population growth rate, EPA has calculated the 
maintenance demonstration to be 132.3 g/m3 in 1998. 
Monitored values reported through 1994 have shown attainment. EPA 
accepts this analysis for demonstrating attainment and maintenance of 
the 24-hour standard.
    The July 18, 1995, submittal did not revise the attainment and 
maintenance calculations for the annual PM10 standard which were 
contained in the original November 25, 1991, submittal. However, EPA 
expects that since the July 1995 revised 24-hour values are 
significantly lower than 1991 values, the annual values would show 
similar reductions and that attainment and maintenance of the annual 
PM10 standard would result. Monitored annual values reported 
through 1994 have shown attainment. EPA accepts this analysis for 
demonstrating attainment of the annual standard.
    Dispersion Modeling: As pointed out earlier, because of its concern 
that the majority of the stationary sources within

[[Page 11157]]
the Kalispell area were operating far below their allowable permit 
limits during the CMB study and thus their potential impact on air 
quality was not being properly calculated, EPA asked the State to 
perform dispersion modeling to demonstrate attainment and maintenance 
of the PM10 standard. The Montana Department of Health and 
Environmental Services (MDHES) conducted dispersion modeling using 
stationary source allowable emission rates to determine if violations 
of the PM10 NAAQS would result in future years. Based upon the 
results of the dispersion modeling, several stationary source permits 
were revised to reduce allowable emission rates.
    Dispersion modeling, using stationary source allowable emission 
rates, was used to determine maximum concentrations related to 
stationary source emissions. The results were used to demonstrate 
attainment of the standard by December 31, 1994. The 24-hour PM10 
NAAQS allows one expected exceedance of the standard per year. Thus, in 
modeling five years of data, attainment is demonstrated when the sixth 
highest predicted concentration is less than 150 g/m3. 
The 6th highest modeled concentration in the 1998 maintenance run was 
139 g/m3. Total concentrations would be lower in 1995 
owing to lower emissions from nearby background sources. This shows 
attainment of the 24-hour standard of 150 g/m3. In 
addition, the Kalispell dispersion modeling results indicated 
attainment of the annual PM10 standard. The predicted 
concentration in the maintenance year (1998) is 50.0 g/
m3. Because emissions from nearby background sources would be 
lower in 1995 than in 1998, predicted 1995 concentrations would be less 
than 50 g/m3.
    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 over the 
NAAQS in that area (see section 189(e) of the Act). An analysis of air 
quality and emissions data for the Kalispell nonattainment area 
indicates that exceedances of the NAAQS are attributable chiefly to 
direct particulate emissions from re-entrained road dust, with a small 
contribution from stationary sources and residential wood burning. The 
emission inventory for Kalispell revealed that industrial processes 
contributed 5.54% to the annual PM10 emissions. However, the 
inventory did not differentiate between PM10 or precursor 
emissions. Based upon the types of sources in the area, EPA believes 
that the overall contribution of PM10 precursors is insignificant. 
Therefore, EPA is making the determination that PM10 precursors do 
not contribute significantly to PM10 levels that exceed the 
standard in Kalispell. The consequences of this determination is to 
exclude these sources from the applicability of PM10 nonattainment 
area control requirements.
    On July 18, 1995, EPA partially approved the State's nonattainment 
new source review (NSR) permitting regulations for the Kalispell 
moderate PM10 nonattainment area because the State did not submit 
NSR permitting regulations for sources of PM10 precursors in 
Kalispell and because EPA had not yet found that such sources did not 
contribute significantly to PM10 exceedances in Kalispell (see 60 
FR 36715-36722). The consequence of this determination that PM10 
precursors are insignificant is to exclude major stationary sources of 
PM10 precursors in Kalispell from the applicability of PM10 
nonattainment area control requirements, including nonattainment NSR 
permitting. Thus, based on this determination, the State's 
nonattainment NSR regulations for Kalispell are considered fully 
approved.
    Further discussion of the analyses and supporting rationale for 
EPA's finding are contained in the TSD accompanying this action. Note 
that while EPA is making a general finding for this area, this finding 
is based on the current character of the area including, for example, 
the existing mix of sources in the area. It is possible, therefore, 
that future growth could change the significance of precursors in the 
area. The EPA intends to issue future guidance addressing such 
potential changes in the significance of precursor emissions in an 
area.
    6. Quantitative Milestones and Reasonable Further Progress. The 
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). The State of Montana's PM10 
SIP indicates that the MDHES and the Flathead County Health Department 
(FCHD) will submit to EPA a reasonable further progress/milestone 
report consistent with federal guidelines by December 31, 1994.7

    \7\ Technically the first milestone would fall on November 15, 
1994--three years after the deadline for submittal of this SIP. 
However, the de minimis timing differential between the first 
milestone submittal date and the attainment date (December 31, 1994) 
make it administratively impracticable to require separate 
submittals. See generally 57 FR 13539. Using December 31, 1994 as 
the first milestone, EPA has identified March 31, 1995 as the actual 
deadline for the submittal of the milestone report (per section 
189(c)(2) of the Act). The State of Montana submitted the milestone 
report on April 12, 1995.
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    In addition, FCHD will prepare less detailed annual progress 
reports for the prior year by August 1st each year. These annual 
progress reports shall provide information on the effectiveness of the 
control strategies.
    To monitor the progress of the road dust control rules, a report 
will be completed on the type and amount of de-icing and sanding 
material applied, the number of applications of de-icing and sanding 
materials, the dates of application of each material, and where and 
when the street sweeping and flushing occurred during the winter 
season. The sanding material test results for the percent silt and 
durability also will be submitted.
    All exceedances of the 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. Contingency Measures. See Section II.2. below for requirements.
    8. Enforceability Issues. All measures and other elements in the 
SIP must be enforceable by the State and EPA (see sections 172(c)(6) 
and 110(a)(2)(A) of the Act and 57 FR 13556). The EPA criteria 
addressing the enforceability of SIPs and SIP revisions were stated in 
a September 23, 1987, memorandum (with attachments) from J. Craig 
Potter, Assistant Administrator for Air and Radiation, et al. (see 57 
FR 13541). Nonattainment area plan provisions also must contain a 
program to provide for enforcement of control measures and other 
elements in the SIP (see section 110(a)(2)(C) of the Act).
    The specific control measures contained in the SIP are addressed 
above in Section 3, ``RACM (including RACT).'' The Flathead County Air 
Pollution Control regulations, as included in the SIP, are legally 
enforceable by FCHD. Any person who violates any provision or rule, 
with the exception of the voluntary solid-fuel burning device rule, or 
order under this program shall be subject to a civil penalty not to 
exceed $500.00.
    The Flathead County Air Pollution Control Program and the 
associated

[[Page 11158]]
local regulations are also enforceable by the MDHES, if the FCHD fails 
to administer the program. Since the program has been approved by the 
Montana Board of Health and Environmental Sciences (MBHES) in 
accordance with section 75-2-301 of the Montana Code Annotated and 
effectuated by a MBHES Order, and since the MDHES can enforce MBHES 
Orders, the MDHES has independent enforcement powers. Enforcement 
provisions are found in the Clean Air Act of Montana, sections 75-2-401 
through 75-2-429, Montana Code Annotated.
    The allowable emission limits for the stationary sources being 
regulated under this plan are enforceable by the MDHES through the 
issuance of a Board Order. MDHES and the Kalispell sources agreed to 
emission limitations in stipulations which were enforceable upon 
approval and adoption by the MBHES through the issuance of a Board 
Order on September 17, 1993. The stipulations contained emission 
limitations for the following nine sources: A-1 Paving; Equity Supply 
Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber 
Co.; McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    If a State relies on a local government for the implementation of 
any plan provision, then, according to section 110(a)(2)(E)(iii) of the 
Act, the State must provide necessary assurances that the State has 
responsibility for ensuring adequate implementation of such plan 
provision. A State would have responsibility to ensure adequate 
implementation when, for example, the State has the authority and 
resources to implement the provision, and the local entity has failed 
to do so.
    The Flathead County Air Pollution Control Program was established 
in accordance with the requirements of section 75-2-301 of the Montana 
Code Annotated, as amended (1991). On November 15, 1991, the MBHES 
issued a Board Order approving the local program and regulations. A 
stipulation between the MDHES and the Flathead County Air Pollution 
Control Board that delineates responsibilities and authorities between 
the MDHES and the local authorities was signed November 15, 1991. The 
regulations, Board Order, and stipulation were submitted to EPA as a 
revision to the Montana SIP.
    The State also submitted a state Attorney General's opinion 
interpreting the authority of the MDHES to enforce any state and local 
air quality provisions if a local air quality program fails to do so. 
In practice, the MBHES issues a Board Order when it approves a local 
program or amendments to a program. Since the Montana Clean Air Act 
authorizes the MDHES to enforce Board Orders issued by the MBHES, the 
MDHES has the authority to assume jurisdiction over, and implement, a 
local program so approved. However, the Montana Clean Air Act also 
requires a hearing before the MBHES before such an assumption of 
jurisdiction and authority can be taken.
    The Flathead County rules are in effect now, as is the Board Order 
for the nine stationary sources. The State of Montana has a program 
that will ensure that the measures contained in the Kalispell PM10 
SIP are adequately enforced. EPA believes that the State's and 
Kalispell's existing air enforcement program will be adequate. The TSD 
for the Kalispell PM10 plan contains further information on 
enforceability requirements, responsibilities, and a discussion of the 
personnel and funding intended to support effective implementation of 
the control measures.
    2. Contingency Measures. The Clean Air Act requires states 
containing PM10 nonattainment areas to adopt contingency measures 
that will take effect without further action by the State or EPA upon a 
determination by EPA that an area failed to make reasonable further 
progress or to timely attain the applicable NAAQS, as described in 
section 172(c)(9). See generally 57 FR 13510-13512 and 13543-13544. 
Pursuant to section 172(b), the Administrator has established a 
schedule providing that states containing initial moderate PM10 
nonattainment areas shall submit SIP revisions containing contingency 
measures no later than November 15, 1993. (See 57 FR 13543, n. 3.)
    The General Preamble further explains that contingency measures for 
PM10 should consist of other available control measures, beyond 
those necessary to meet the core moderate area control requirement to 
implement reasonably available control measures (see Clean Air Act 
sections 172(c)(1) and 189(a)(1)(C)). Based on the statutory structure, 
EPA believes that contingency measures must, at a minimum, provide for 
continued progress toward the attainment goal during the interim period 
between the determination that the SIP has failed to achieve RFP/
provide for timely attainment of the NAAQS and the additional formal 
air quality planning following the determination (57 FR 13511).
    Section 172(c)(9) of the Act specifies that contingency measures 
shall ``take effect * * * without further action by the State or the 
[EPA] Administrator.'' EPA has interpreted this requirement (in the 
General Preamble at 57 FR 13512) to mean that no further rulemaking 
activities by the State or EPA would be needed to implement the 
contingency measures. In general, EPA expects all actions needed to 
effect full implementation of the measures to occur within 60 days 
after EPA notifies the State of its failure to attain the standard or 
make RFP.
    EPA recognizes that certain actions, such as notification of 
sources, modification of permits, etc., may be needed before some 
measures could be implemented. However, States must show that their 
contingency measures can be implemented with minimal further 
administrative action on their part and with no additional rulemaking 
action such as public hearing or legislative review.

A. Kalispell PM10 Contingency Measures

    The State failed to submit the contingency measures by the November 
15, 1993, due date. On January 19, 1994, EPA made a finding that the 
State failed to submit the contingency measures. Based upon that 
finding, the 18 month sanctions and 24 month FIP clocks were activated. 
In response to this finding, the Governor of Montana submitted 
revisions to the SIP for Kalispell with letters dated August 26, 1994, 
and July 18, 1995. The revisions address contingency measures for the 
Kalispell moderate PM10 nonattainment area SIP.
    1. Procedural Background (see Section II.1.A.1). The PM10 
contingency measures for Kalispell were developed by the FCHD and the 
MDHES. On October 18, 1993, after a local public hearing on October 4, 
1993, the Kalispell City Council adopted the measures. On October 12, 
1993, the Flathead County Commissioners held a public hearing and 
adopted the contingency measures (Resolution 867A). This county 
resolution also had included expanding the Columbia Falls area of 
sanding and sweeping. Subsequent to further discussion, the County 
Commissioners held another public hearing on April 4, 1994, at which 
time they removed mention of this expanded area (Resolution 867B). 
After the May 20, 1994, MBHES public hearing, the Board adopted the 
local rules which constitute the contingency measures. The Governor 
submitted the contingency measure rule 507 to EPA with a letter dated 
August 26, 1994. However, that submittal did not contain the necessary 
technical analysis and related information.
    On July 10, 1995, the Montana Department of Environmental Quality

[[Page 11159]]
(MDEQ, formerly MDHES) held a properly noticed public hearing for the 
purpose of adopting the local rules and technical analysis information 
into the Montana SIP. The Governor subsequently submitted the 
outstanding portions of the Kalispell PM10 contingency measure SIP 
revision to EPA with a letter dated July 18, 1995. After reviewing the 
submittal for conformance with the completeness criteria in 40 CFR 51, 
Appendix V, EPA determined the submittal to be administratively and 
technically complete and notified the Governor of such determination in 
a letter dated July 18, 1995.
    2. Contingency Measures. The PM10 contingency measure plan for 
Kalispell was submitted by the Governor to EPA with letters dated 
August 26, 1994, and July 18, 1995. The contingency measure requires 
mandatory use of liquid de-icer instead of sand, except under special 
circumstances.
    a. Re-entrained Road Dust Contingency Measure. On April 4, 1994, 
the Flathead County Board of County Commissioners passed Resolution No. 
867B which amended the Flathead County Air Pollution Control Program. 
The amendments include Rule 507 which is a contingency plan that 
implements the mandatory use of liquid de-icer on all roads, with the 
exception of priority routes with extraordinary circumstances, within 
the Kalispell Air Pollution Control District. Rule 507 provides that 
within 60 days of notification by EPA that the SIP for the Kalispell 
moderate PM10 nonattainment area failed to timely attain the 
PM10 NAAQS or make reasonable further progress the following will 
occur:
    Within the Kalispell Air Pollution Control District, only liquid 
de-icer shall be placed on any road or parking lot with the exception 
of priority routes with extraordinary circumstances existing. During 
extraordinary circumstances, priority routes must use sanding material 
which has a durability (as defined by the Montana Modified L.A. 
Abrasion test) of less than or equal to seven or other testing method 
which the Control Board deems suitable, and has a content of material 
less than 200 mesh, as determined by standard wet sieving methods, 
which is less than three percent oven dry weight.
    b. Effectiveness of the Contingency Measure. If the re-entrained 
road dust contingency measure is implemented, the control efficiency of 
the re-entrained road dust measures will be 81% in the 24-hour 
attainment demonstration. This calculation takes into account the use 
of liquid de-icer, the current requirements for use of washed sand, and 
the existing street sweeping measures (see the TSD for the Kalispell 
PM10 SIP for further details on the existing re-entrained road 
dust strategies). Total reduction from the contingency measure is 
calculated to be 10632 more pounds of PM10 reduced per day than 
without the contingency measure.
    EPA believes this contingency measure is approvable. The control 
measures implemented in the PM10 SIP are projected to achieve more 
emissions reductions than needed to demonstrate attainment of the 
PM10 NAAQS, as indicated by the State's predicted 24-hour 
attainment concentration of 124.3 g/m3. Furthermore, the 
predicted 24-hour ambient concentration resulting if the contingency 
measure is implemented is 94.0 g/m3. Since the 24-hour 
PM10 NAAQS is 150 g/m3, this established safety 
margin further supports the reasonableness of this contingency measure.
    3. Enforceability Issues. The Flathead 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 Flathead County Commission, and the Kalispell 
and Columbia Falls City Councils was signed on November 15, 1991, to 
delineate responsibilities and authorities between the MDHES and the 
local authorities. On November 15, 1991, the MBHES issued a Board Order 
effectuating the program. On May 20, 1994, the MBHES issued a Board 
Order approving the Kalispell PM10 contingency measures. The 
related regulation, and the May 20, 1994, Board Order were submitted to 
EPA in the August 26, 1994, submittal as a revision to the Montana SIP. 
The Flathead County regulation is in effect now. The State of Montana 
has a program that will ensure that the contingency measures contained 
in the Kalispell PM10 SIP are adequately enforced. EPA believes 
that the State's and Kalispells' existing air enforcement program will 
be adequate. The Kalispell Contingency Measure SIP TSD contains further 
information on enforceability requirements, responsibilities, and a 
discussion of the personnel and funding intended to support effective 
implementation of the control measures.

B. Columbia Falls PM10 Contingency Measures, Control Strategy and 
Attainment Demonstration Revisions

    The State failed to submit the contingency measures by the November 
15, 1993, due date. On January 19, 1994, EPA made a finding that the 
State failed to submit the contingency measures. Based upon that 
finding, the 18 month sanctions and 24 month FIP clocks were activated. 
In response to this finding, the Governor of Montana submitted 
revisions to the SIP for Columbia Falls with a letters dated August 26, 
1994. The revision addressed contingency measures for the Columbia 
Falls moderate PM10 nonattainment area SIP.
1. Procedural Background (see Section II.1.A.1)
    The PM10 contingency measures for Columbia Falls were 
developed by the FCHD and the Montana (MDHES). After a local public 
hearing on October 4, 1993, the Columbia Falls' City Council adopted 
the measures. On October 12, 1993, the Flathead County Commissioners 
held a public hearing and adopted the contingency measures (Resolution 
867A). This county resolution also had included expanding the Columbia 
Falls area of sanding and sweeping. Subsequent to further discussion, 
the County Commissioners held another public hearing on April 4, 1994, 
at which time they removed mention of this expanded area (Resolution 
867B). After the May 20, 1994, MBHES public hearing, the Board adopted 
the local rules which constitute the contingency measures and minor 
revisions to the attainment and maintenance demonstration for the SIP. 
The Governor submitted the contingency measure rule 607 to EPA with a 
letter dated August 26, 1994. After reviewing the submittal for 
conformance with the completeness criteria in 40 CFR 51, Appendix V, 
EPA determined the submittal to be administratively and technically 
complete and notified the Governor of such determination in a letter 
dated November 1, 1994.
    The Governor of Montana submitted revisions to the SIP for Columbia 
Falls with a letter dated August 26, 1994. The revisions address 
contingency measures and incorporate minor modifications to the 
attainment and maintenance demonstrations into the State SIP for the 
Columbia Falls moderate PM10 nonattainment area.
2. Control Strategy (see Section II.1.A.3 for general requirements)
    On April 14, 1994 (59 FR 17700), EPA approved the control measures 
in the Columbia Falls moderate PM10 nonattainment area SIP as 
satisfying the requirement to provide for the implementation of RACM, 
including RACT. The measures targeted re-entrained road dust, 
residential wood burning, prescribed burning, industry, and motor 
vehicle exhaust. Please see

[[Page 11160]]

that final rule and associated Technical Support Document (TSD) for 
further details on the specific control measures in the approved SIP.
3. Revisions to Attainment and Maintenance Demonstrations (see Section 
II.1.A.4 for General Requirements)
    CMB receptor modelling in combination with rollback was chosen as 
the best tool for the attainment and maintenance demonstrations of the 
24-hour standard. EPA approved Montana's attainment and maintenance 
demonstrations for the Columbia Falls moderate PM 10 nonattainment 
area on April 14, 1994 (59 FR 17700). The 24-hour attainment value 
(i.e., the ambient PM10 air quality level expected to be achieved 
by 1995 8) was 136.28 g/m \3\, and the annual attainment 
value was 31.1 g/m \3\. The maintenance values (i.e., ambient 
PM10 air quality levels maintained through January 1, 1998) are 
equal to the attainment values.

    \8\ 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 approved the State's demonstration on the basis of the de 
minimis differential between the two dates.
---------------------------------------------------------------------------

    As was discussed in the TSD accompanying EPA's approval action for 
the Columbia Falls SIP, technical corrections to the attainment 
demonstration were made subsequent to the Governor's submittal. With 
the August 26, 1994, contingency measure SIP submittal, the Governor is 
also incorporating the revised attainment demonstration (contained in 
the technical corrections noted above) into the SIP narrative. There is 
a minor additional revision to the street sweeping & sanding control 
calculation. The revised control credit calculation separates the 
background particulate emissions prior to applying reductions due to 
the street sweeping program. The revised calculation yields a minor 
increase of 32 lbs per day PM10 emissions over the original 
demonstration, an amount approximately equal to 1% of the uncontrolled 
daily emissions from paved road dust re-entrainment. EPA has evaluated 
and approves the revised control efficiency calculations. The final 
attainment demonstration being incorporated and approved by this action 
predicts a 24-hour attainment value of 136.9 g/m \3\, and an 
annual attainment value of 31.1 g/m \3\, both well below the 
respective NAAQS. The SIP continues to adequately demonstrate timely 
attainment and maintenance of the PM10 NAAQS in Columbia Falls and 
satisfies the requirement to provide for the implementation of RACM 
(including RACT). For further detail concerning the calculations, see 
the TSD for this action.
4. Contingency Measures
    The PM10 contingency measure plan for Columbia Falls was 
submitted by the Governor to EPA with a letter dated August 26, 1994. 
The contingency measure requires mandatory use of liquid de-icer 
instead of sand, except under special circumstances.
    a. Re-entrained Road Dust Contingency Measure. On April 4, 1994, 
the Flathead County Board of County Commissioners passed Resolution No. 
867B which amended the Flathead County Air Pollution Control Program. 
The amendments include Rule 607 which is a contingency plan that 
implements the mandatory use of liquid de-icer on all roads, with the 
exception of priority routes with extraordinary circumstances, within 
the Columbia Falls Air Pollution Control District. Rule 607 provides 
that within 60 days of notification by EPA that the SIP for the 
Columbia Falls moderate PM10 nonattainment area failed to timely 
attain the PM10 NAAQS or make reasonable further progress the 
following will occur:
    Within the Columbia Falls Air Pollution Control District, only 
liquid de-icer shall be placed on any road or parking lot with the 
exception of priority routes with extraordinary circumstances existing. 
During extraordinary events, priority routes must use sanding material 
which has a durability, as defined by the Montana Modified L.A. 
Abrasion test, of less than or equal to 7, or other testing method 
which the Control Board deems suitable, and has a content of material 
less than 200 mesh, as determined by standard wet sieving methods, 
which is less than 3.0% oven dry weight.
    b. Effectiveness of the Contingency Measure. If the re-entrained 
road dust contingency measure is implemented, the control efficiency of 
the re-entrained road dust measures will be 58% in the 24-hour 
attainment demonstration (an increase of 28% over the control 
efficiency of the re-entrained road dust measures in the original SIP 
attainment demonstration). This calculation takes into account the use 
of the liquid de-icer, the current requirements for use of washed sand, 
and the existing street sweeping measures (see the TSD accompanying 
EPA's approval, 59 FR 17700, of the Columbia Falls PM10 SIP, 
available at the EPA address at the beginning of this document, for 
further details on the existing re-entrained road dust strategies). 
Total reduction from the contingency measure is calculated to be 605 
more pounds of PM10 reduced per day than without the contingency 
measure.
    EPA believes that this contingency measure is approvable. The 
control measures implemented in the PM10 SIP are projected to 
achieve more emissions reductions than needed to demonstrate attainment 
of the PM10 NAAQS, as indicated by the State's predicted 24-hour 
attainment concentration of 135.9 g/m3 (see Section 
II.A.2. above and the TSD). Furthermore, the predicted 24-hour ambient 
concentration resulting if the contingency measure is implemented is 
122.5 g/m3. Since the 24-hour PM10 NAAQS is 150 
g/m3, this established safety margin further supports the 
reasonableness of these contingency measures.
5. Enforceability Issues
    The Flathead 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 
Flathead County Commission, and the Kalispell and Columbia Falls City 
Councils was signed on November 15, 1991 to delineate responsibilities 
and authorities between the MDHES and the local authorities. On 
November 15, 1991, the MBHES issued a Board Order effectuating the 
program. On January 24, 1992, the MBHES approved the Columbia Falls 
PM10 plan and local program. The stipulation, Board Order, and 
resolution were incorporated into the SIP on April 14, 1994 (59 FR 
17700).
    On May 20, 1994, the MBHES issued a Board Order approving the 
Columbia Falls PM10 contingency measures. The related regulation, 
and the May 20, 1994, Board Order were submitted to EPA in the August 
26, 1994 submittal as a revision to the Montana SIP.
    The Flathead County Program is in effect now. The State of Montana 
has a program that will ensure that the contingency measures contained 
in the Columbia Falls PM10 SIP are adequately enforced. EPA 
believes that the State's and Columbia Falls' existing air enforcement 
program will be adequate. The TSD for this action contains further 
information on enforceability requirements, responsibilities, and a 
discussion of the personnel and funding intended to support effective 
implementation of the control measures.
    3. Deletion of Butte TSP Requirement. 40 CFR 52.1380 contains a 
conditional approval of a total suspended particulate (TSP) plan for 
Butte. The condition required that the State submit,

[[Page 11161]]
by February 15, 1981, a revised airborne particulate regulation as 
specified in its October 4, 1979, submittal to EPA. Since the time that 
this requirement was put in place, EPA has revised the particulate 
matter standard to be based on PM10 rather than TSP. Furthermore, 
Montana has submitted and EPA approved a SIP revision providing for 
attainment and maintenance of the PM10 NAAQS for the Butte 
moderate PM10 nonattainment area (March 11, 1994, 59 FR 11550). 
Thus, since TSP is no longer the regulated form of particulate matter 
and has been replaced by PM10, and since Montana has a federally 
approved SIP meeting all requirements of the CAA for the Butte 
PM10 nonattainment area, EPA finds 40 CFR 52.1380 obsolete and is 
deleting the section.

III. Final Action

    EPA is approving Montana's Kalispell SIP revision submitted on 
November 25, 1991 with additional submittals, critical to the Kalispell 
SIP, made on January 11, 1994, August 26, 1994, and July 18, 1995. 
These submittals address PM10 requirements which were due on 
November 15, 1991. Among other things, the State of Montana has 
demonstrated that the Kalispell moderate PM10 nonattainment area 
will attain the PM10 NAAQS by December 31, 1994. EPA is also 
approving the Flathead County Air Pollution Control Program submitted 
on November 25, 1991 and resubmitted on August 26, 1994. In addition, 
EPA is approving Montana's SIP revisions for Kalispell and Columbia 
Falls which address PM10 contingency measure plans, which were due 
on November 15, 1993. The plan for the Kalispell PM10 
nonattainment area was submitted by the Governor with a letter dated 
August 26, 1994 with additional materials submitted on July 18, 1995. 
The plan for the Columbia Falls PM10 nonattainment area was 
submitted by the Governor with a letter dated August 26, 1994. This 
submittal also included minor revisions to the attainment and 
maintenance demonstrations for Columbia Falls.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, EPA is proposing to approve the SIP revision 
should adverse or critical comments be submitted. Under the procedures 
established in the May 10, 1994 Federal Register (59 FR 24054), this 
action will be effective May 20, 1996 unless, within 30 days of its 
publication, adverse or critical comments are received.
    If such comments are received, 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. 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 on May 20, 1996.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to a SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    Approvals of SIP submittals under section 110 and subchapter I, 
part D of the Clean Air Act do not create any new requirements, but 
simply approve requirements that the State is already imposing. 
Therefore, because the Federal SIP-approval does not impose any new 
requirements, I certify that it does not have a significant impact on 
small entities. 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).

V. Petition Language

    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 20, 1996. 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 must 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 section 307(b)(2)).

VI. Executive Order (EO) 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

VII. Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 110 and 
subchapter I, part D, of the Clean Air Act. These rules may bind State, 
local and tribal governments to perform certain actions and also 
require the private sector to perform certain duties. The rules being 
approved by this action will impose no new requirements; such sources 
are already subject to these regulations under State law. Accordingly, 
no additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.

List of Subjects in 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.


[[Page 11162]]

    Dated: September 29, 1995.
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)(40) to read 
as follows:


Sec. 52.1370  Identification of plan.

* * * * *
    (c) * * *
    (40) The Governor of Montana submitted a PM10 plan for 
Kalispell, Montana in a letter dated November 25, 1991. The Governor of 
Montana later submitted additional materials in letters dated January 
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and 
July 18, 1995 submittals also contain the Kalispell Contingency Measure 
Plan. The August 26, 1994, submittal also contains the Columbia Falls 
PM10 contingency measures and minor revisions to the attainment 
and maintenance demonstrations for the moderate PM10 nonattainment 
area SIP for Columbia Falls. Finally, the August 26, 1994, submittal 
contains revisions to the Flathead County Air Pollution Control Program 
regulations.
    (i) Incorporation by reference.
    (A) Stipulations signed September 15, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two 
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and 
Montana Mokko.
    (B) Stipulations signed September 17, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. 
(Evergreen).
    (C) Board Order issued on September 17, 1993, by the Montana Board 
of Health and Environmental Sciences enforcing emissions limitations 
specified by stipulations signed by both the Montana Department of 
Health and Environmental Services and participating facilities. The 
participating facilities included: A-1 Paving; Equity Supply Company; 
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; 
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    (D) Flathead County Board of Commissioners Resolution No. 867B, 
dated April 4, 1994, adopting the Flathead County Air Pollution Control 
Program.
    (E) Board Order issued May 20, 1994, by the Montana Board of Health 
and Environmental Sciences approving the Flathead County Air Pollution 
Control Program.
    (F) Flathead County Air Pollution Control Program, including all 
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 
1994.
    (ii) Additional material.
    (A) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (B) Federal tailpipe standards, which provide an ongoing benefit 
due to fleet turnover.


Sec. 52.1380  [Removed and reserved]

    3. Section 52.1380 is removed and reserved.
[FR Doc. 96-6004 Filed 3-18-96; 8:45 am]
BILLING CODE 6560-50-P