[Federal Register Volume 68, Number 223 (Wednesday, November 19, 2003)]
[Proposed Rules]
[Pages 65229-65234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-001-0005, MT-001-0006; FRL-7588-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Montana; Thompson Falls PM10 Nonattainment Area Control Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve State Implementation Plan (SIP) 
revisions submitted by the Governor of Montana on June 26, 1997, and 
June 13, 2000. (Portions of the June 26, 1997, submittal were withdrawn 
by the Governor of Montana on February 8, 1999.) These revisions 
contain an inventory of emissions for Thompson Falls and establish and 
require continuation of all control measures adopted and implemented 
for reductions of particulate matter with an aerodynamic diameter less 
than or equal to 10 micrometers (PM10) in order to attain 
the PM10 National Ambient Air Quality Standards (NAAQS) in 
Thompson Falls. Using the PM10 clean data areas approach, we 
propose to approve the control measures and the emissions inventory 
that were submitted as part of the PM10 nonattainment area 
SIP for Thompson Falls. Also, we will be taking action on other 
portions of the June 26, 1997, and June 13, 2000, submittals at a later 
time. We are acting under section 110 of the Clean Air Act (CAA or Act) 
for this proposed approval.

DATES: Written comments must be received on or before December 19, 
2003.

ADDRESSES: Written comments may be submitted by mail to Richard R. 
Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Comments may also be submitted 
electronically, or through hand delivery/courier. Please follow the 
detailed instructions described in (Part (I)(B)(1)(i) through (iii)) of 
the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA Region 8, 999 
18th Street, Suite 300, MS 8P-AR, Denver, CO 80202, 303-312-6144, e-
mail [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under MT-001-0005, MT-001-0006. The official public file consists of 
the documents specifically referenced in this action, any public 
comments received, and other information related to this action. 
Although a part of the official docket, the public rulemaking file does 
not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public rulemaking file is the collection of materials that is available 
for public viewing at the Air and Radiation Program, EPA Region 8, 999 
18th Street, Suite 300, Denver, CO. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. You may view the public 
rulemaking file at the Regional Office Monday through Friday, 8 a.m. to 
4 p.m., excluding Federal holidays.
    2. Copies of the State submittal are also available for public 
inspection during normal business hours, by appointment at the State 
Air Agency. Copies of the State documents relevant to this action are 
also available for public inspection at the Montana Department of 
Environmental Quality, Air and Waste Management Bureau, 1520 E. 6th 
Avenue, Helena, Montana 59620.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on, 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking MT-001-0005, Mt-001-0006'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your

[[Page 65230]]

comment. Also include this contact information on the outside of any 
disk or CD-ROM you submit, and in any cover letter accompanying the 
disk or CD-ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail). Please 
send any comments simultaneously to [email protected] and 
[email protected] and include the text ``Public comment on 
proposed rulemaking MT-001-0005, MT-001-0006'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through ``Regulations.gov'' 
(see below), EPA's e-mail system will automatically capture your e-mail 
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the 
official public docket.
    ii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE,'' and select Environmental 
Protection Agency as the Agency name to search on. The list of current 
EPA actions available for comment will be listed. Please follow the 
online instructions for submitting comments. The system is an 
``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    iii. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Richard R. Long, Director, Air 
and Radiation Program, Mailcode 8P-AR, Environmental Protection Agency 
(EPA), Region 8, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466. Please include the text ``Public comment on proposed rulemaking 
MT-001-0005, MT-001-0006'' in the subject line on the first page of 
your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Richard 
R. Long, Director, Air and Radiation Program, Mailcode 8P-AR, 
Environmental Protection Agency (EPA), Region 8, 999 18th Street, Suite 
300, Denver, Colorado 80202-2466. Such deliveries are only accepted 
Monday through Friday, 8 a.m. to 4:55 p.m., excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD-ROM, mark the outside of the 
disk or CD-ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Summary of SIP Revision

A. Background

    The Thompson Falls area was designated nonattainment for 
PM10 and classified as moderate under section 107(d)(3) of 
the Clean Air Act on December 21, 1993.\1\ See 57 FR 43846 (September 
22, 1992), 58 FR 67334 (December 21, 1993) and 40 CFR 81.327 (Sanders 
County (part)). The Thompson Falls designation became effective on 
January 20, 1994. The air quality planning requirements for moderate 
PM10 nonattainment areas are set out in subparts 1 and 4 of 
title I of the Act. Subpart 1 applies to nonattainment areas generally 
and subpart 4 applies to PM10 nonattainment areas. At times, 
subpart 1 and subpart 4 overlap or conflict. We have attempted to 
clarify the relationship among these provisions in guidance entitled 
the ``General Preamble'' (see 57 FR 13498, April 16, 1992, and 57 FR 
18070, April 28, 1992) and, as appropriate, in today's notice.
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    \1\ The 1990 Amendments to the Clean Air Act made significant 
changes to the Act. See Public Law 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.
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B. What Requirements Do States Need To Follow in Developing 
PM10 Nonattainment Area SIPs?

    Our ``General Preamble'' describes our preliminary views on how we 
will review SIPs and SIP revisions submitted under title I of the Act, 
including State-submitted SIPs for moderate PM10 
nonattainment areas (see generally 57 FR 13498, April 16, 1992, and 57 
FR 18070, April 28, 1992). In this document, we are applying our 
interpretations considering the specific factual issues presented.
    A State containing a moderate PM10 nonattainment area 
designated after the 1990 Amendments is normally required to submit 
several provisions within 18 months of the effective date of the 
designation. These provisions were due for the Thompson Falls area by 
July 20, 1995. They include an emissions inventory, control measures, 
an attainment demonstration, quantitative

[[Page 65231]]

milestones for reasonable further progress (RFP), and contingency 
measures. Requirements for the control measures include: Provisions to 
assure that reasonably available control measures (RACM), including 
reasonably available control technologies (RACT), shall be implemented 
no later than four years after designation, which was January 20, 1998, 
for Thompson Falls. However, under the PM10 clean data areas 
approach that we are proposing to use here, we are only proposing to 
require the control measures (including the provisions for enforcing 
those measures) and the emissions inventory for Thompson Falls.
1. Clean Data Areas Approach
    The clean data areas approach applies EPA's clean data policy 
concept, already in place for ozone nonattainment areas \2\, to 
selected PM10 nonattainment areas in order to approve 
control measures for these areas into the SIP. The approach only 
applies to PM10 areas with simple PM10 source 
problems, such as residential wood combustion and fugitive dust 
problems. If an area meets the following requirements, the state will 
no longer be required to develop an attainment demonstration, 
contingency measures or a RFP demonstration. The area must meet the 
following requirements:
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    \2\ See memorandum from John Seitz, Director, Office of Air 
Quality Planning and Standards (OAQPS) to Regional Division 
Directors entitled ``Reasonable Further Progress, Attainment 
Demonstration, and Related Requirements for Ozone Nonattainment 
Areas Meeting the Ozone National Ambient Air Quality Standard,'' May 
10, 1995.
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    (a) The area must be attaining the PM10 NAAQS with the 
three most recent years of quality-assured air quality data.
    (b) The state must continue to operate an appropriate 
PM10 air quality monitoring network, in accordance with 40 
CFR part 58, in order to verify the attainment status of the area.
    (c) The control measures for the area, which were responsible for 
bringing the area into attainment, must be approved by EPA as meeting 
the CAA requirements for RACM/RACT.
    (d) A PM10 emissions inventory must be completed for the 
area.

III. Analysis of Requirements To Use Clean Data Areas Approach

A. Attainment of the PM10 NAAQS

    Whether an area has attained the PM10 NAAQS is based 
exclusively upon measured air quality levels over the most recent and 
complete three calendar year period. See 40 CFR part 50 and 40 CFR 50, 
appendix K. On November 1, 2001 (66 FR 55102), we published a final 
rulemaking action declaring that the Thompson Falls PM10 
nonattainment area was in attainment of the PM10 standard 
based on 1998-2000 monitoring data and that the area had attained the 
standard by its attainment date. The applicable attainment date as 
required by the CAA for Thompson Falls was December 31, 2000. If you 
wish to obtain more information regarding our attainment determination, 
please see our November 1, 2001, Federal Register document.
    To use the PM10 clean data areas approach, an area must 
be attaining with the three most recent years of quality assured data 
at the time of the proposed notice. In this case, the three most recent 
years are 2000-2002. During the 2000-2002 period, data was collected at 
the Thompson Falls High School station (AQS identification 30-
089-0007). The regulatory requirement for data capture in 40 CFR part 
50, Appendix K, is 75 percent on a quarterly basis. The 2000-2002 
monitoring data shows no exceedances of either the 24-hour or annual 
PM10 NAAQS during this period, and data capture met the 75 
percent criterion with the exception of two quarters. Data capture was 
73 percent during the third quarter of 2000 and 71 percent during the 
fourth quarter of 2001. According to the ``Guideline on Exceptions to 
Data Requirements for Determining Attainment of Particulate Matter 
Standards'' (see EPA document 405-/4-87-005, April 1987), when 
data capture is at least 50 percent but less than 75 percent, data may 
be substituted for the missing data. Per the above-referenced 
guideline, monitoring data from the same quarter in any one of the 
years use to determine attainment may be substituted for missing 
PM10 data. The maximum PM10 value that was 
observed in that quarter over the last three years is substituted for 
missing scheduled sampling days. When we apply data substitution per 
the above-referenced guideline, we find no exceedances of the 24-hour 
or annual PM10 NAAQS for the 2000-2002 period.

B. Continued Operation of PM10 Monitoring Network

    The Montana Department of Environmental Quality (MDEQ) will 
continue to operate its PM10 air quality monitoring network 
in accordance with 40 CFR part 58, in order to verify the attainment 
status of the area. We approved Montana's state-wide air quality 
monitoring program on March 9, 1981 (see 46 FR 15686). This approval 
established the state and local air monitoring station (SLAMS) network, 
the maintenance requirements for the monitoring stations, and the 
method of data reporting and annual review for the stations. The 
stations are to monitor ambient levels of criteria pollutants (for 
which NAAQS have been established). All SLAMS are to be operated in 
accordance with the criteria established in 40 CFR 58, subpart B, and 
are to be sited according to 40 CFR 58, appendix E. Reference or 
equivalent monitors are to be used as defined in 40 CFR 50.1 and the 
quality assurance procedures are to be followed as outlined in 40 CFR 
58, appendix A. On December 21, 1993 (see 58 FR 67324), we approved 
revisions to the state-wide monitoring SIP to update the existing 
monitoring SIP.
    Monitoring in Thompson Falls for PM10 is currently 
performed at the Thompson Falls High School station (AQS identification 
30-089-0007). EPA Region VIII conducts periodic reviews of 
Montana's ambient air network, which includes the Thompson Falls site. 
Based on these reviews, our monitoring staff has approved this 
monitoring station.

C. Control Measure Requirements

    The moderate PM10 nonattainment areas, designated after 
the 1990 Amendments, must submit provisions to ensure that RACM is 
implemented no later than 4 years after designation, which was January 
20, 1998 for Thompson Falls (see sections 172(c)(1) and 189(a)(1)(C)). 
The General Preamble contains a detailed discussion of our 
interpretation of the RACM requirements (see 57 FR 13539-13545 and 
13560-13561).
    The State should identify available control measures to make sure 
they are reasonable and that they meet the area's attainment needs, 
(see 57 FR 13540-13544). A State may reject an available control 
measure if it is technologically infeasible or unreasonably expensive. 
In addition, RACM doesn't require controls on emissions from sources 
that are insignificant (de minimis) and doesn't require an area to use 
all available control measures if it demonstrates timely attainment and 
if using additional controls wouldn't expedite attainment.
Thompson Falls Control Measures
    Montana's SIP revisions for Thompson Falls contain control measures 
for sources of re-entrained fugitive dust that were adopted on June 24, 
1997, and are part of a maintenance agreement between the city of 
Thompson Falls, the Montana Department of Transportation (MDT) and the 
MDEQ. The maintenance agreement is applicable inside the

[[Page 65232]]

Thompson Falls PM10 nonattainment area, which encompasses 
the majority of the city. Per the maintenance agreement, street 
sweeping is the primary PM10 control strategy, as Thompson 
Falls experiences high concentrations of PM10 during the 
late winter and early spring. The maintenance agreement also specifies 
the type of sanding or chip seal material that may be used by the MDT 
and the city of Thompson Falls on paved roads and parking lots, and 
includes provisions for the paving of parking lots, alleys and unpaved 
roads within the Thompson Falls central business dustrict.
    Street Sweeping Requirements. The MDT is responsible for 
approximately 4.83 km of street sweeping on Highway 200 from the 
western limits of the PM10 nonattainment area boundary 
through the city to the Harvest Food store east of town. The city of 
Thompson Falls is responsible for street sweeping 5.8 km of local 
priority routes as listed below.

                  City Street Sweeping Priority Routes
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                 Route                   Approximate length  (in miles)
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Golf from City Shop to Haley..........  .20
Haley from Golf to Ferry..............  .85
Bus Loop at Jr. High..................  .20
Ferry from Jr. High to Preston........  .25
Preston from Ferry to East Crossing     .15
 and East Crossing from Preston to
 Main.
Preston from East Crossing to Clay....  .20
Clay from Preston to 5th..............  .40
West Crossing from Main to Gallatin...  .15
Washington from Preston to 4th........  .35
Spruce from Preston to 3rd............  .35
Gallatin from Preston to 3rd..........  .25
Jefferson from Preston to 3rd.........  .25
    Total.............................  3.6 miles = 5.8 km
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    During winter months, the MDT is required to commence street 
sweeping on Highway 200 on the first business day that the highway 
becomes temporarily or permanently ice-free and the temperatures are 
expected to remain above 35[deg] F for a 24-hour period. Unless 
interrupted by additional snowfall or temperatures below 35[deg] F, the 
MDT is required to have Highway 200 swept clean within two business 
days. During winter months, the city of Thompson Falls is required to 
commence street sweeping on priority routes on the first business day 
that the highway becomes temporarily or permanently ice-free and the 
temperatures are expected to remain above 35[deg] F for a 24-hour 
period. Unless interrupted by additional snowfall or temperatures below 
35[deg] F, the city of Thompson Falls is required to have priority 
routes swept clean within four business days. During summer months, 
priority routes and Highway 200 will be swept on an as needed basis. In 
the event that a PM10 exceedance occurs within the Thompson 
Falls nonattainment area, the maintenance agreement includes 
contingency measures that will remain in effect until such time as the 
SIP control measures are revised and approved by EPA. In the event of a 
PM10 exceedance, the city of Thompson Falls shall increase 
its frequency of street sweeping on priority routes from four business 
days to two business days and the MDT shall increase its street 
sweeping frequency on Highway 200 from two business days to one 
business day.
    Both the city of Thompson Falls and the MDT will only apply sanding 
or chip seal material on paved roads and parking lots that has a 
durability of greater than or equal to 9 as defined by the Montana 
Modified L.A. Abrasion test. The sanding or chip seal material will 
have a material content smaller than 200 mesh that does not exceed 4.0 
percent oven dry weight as determined by a standard wet sieving method.
    Other Requirements. The maintenance agreement also includes 
provisions for the paving of streets and parking lots. Within the 
central business district of Thompson Falls, the city of Thompson Falls 
may not construct any new street or road unless it is paved or 
construct any new parking lot with a capacity greater than 15 vehicles 
or more than 50 vehicles/day turnover unless the parking lot is paved.
    The Thompson Falls nonattainment area does include significant 
emissions from point sources; however, the MDEQ chose not to implement 
any RACT measures at these sources and to focus on reducing emissions 
from area sources. This approach is allowed under the Clean Air Act due 
to the fact that Montana has demonstrated that Thompson Falls did not 
need to implement RACT for point sources in order to attain the 24-hour 
PM10 standard; the implemented control measures (RACM) were 
enough to bring the area into attainment. See 57 FR 13541 of the 
General Preamble.
    We have reviewed the State's documentation and have concluded that 
it adequately justifies the control measures that are being used. The 
implementation of Montana's PM10 nonattainment plan for 
Thompson Falls resulted in the attainment of the PM10 NAAQS. 
The Thompson Falls control plan was adopted on June 24, 1997, and 
implemented by the applicable implementation date of January 20, 1998, 
specified by the CAA. We are approving the Thompson Falls 
PM10 plan control strategies as satisfying the RACM 
requirement.
    As required under the CAA, all measures in the SIP must be 
enforceable by EPA and the State (see sections 172(c)(6) and 
110(a)(2)(A) of the Act and 57 FR 13556). Our 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). When a State relies on a 
local government for the implementation of any SIP provision, the State 
is responsible for ensuring adequate implementation of the provision. 
See section 110(a)(2)(E) of the Act.
    The maintenance agreement between the city of Thompson Falls, the 
MDT and the MDEQ provides new requirements for street sweeping, 
determines the type of sanding or chip seal material that can be used 
on paved roads and parking lots and specifies requirements for the 
paving of new streets, roads or parking lots within the Thompson Falls 
central business district. In order to make these requirements an 
enforceable part of the Thompson Falls PM10 SIP, the State 
adopted and incorporated the maintenance agreement requirements in a 
Board Order to be approved as part of the State of Montana Air Quality 
Control Implementation Plan. We have reviewed the maintenance agreement 
for enforceability and determined that it meets all the criteria 
included in the September 23, 1987, Potter Memorandum.
    The MDEQ has the authority to implement and enforce the maintenance 
agreement adopted by the Montana Board of Environmental Review (MBER). 
Any failure by the city or the Montana Department of Transportation to 
perform their specific obligations under this agreement would warrant 
enforcement by MDEQ.
    The State also submitted a State Attorney General's opinion 
interpreting the authority of MDEQ to enforce any State and local air 
quality provisions if a local air quality program fails to do so. In 
practice, MBER issues a board order

[[Page 65233]]

when it approves a local program or amendments to a program. Since the 
Montana Clean Air Act (MCAA) authorizes MDEQ to enforce board orders 
issued by MBER, MDEQ has the authority to assume jurisdiction over, and 
implement, an approved local program. However, the MCAA also requires a 
hearing before MBER before such an assumption of jurisdiction and 
authority can be taken.

D. Emissions 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. MDEQ submitted an emissions inventory for Thompson 
Falls on June 26, 1997, withdrew that inventory on February 28, 1999, 
and resubmitted it with revisions on June 13, 2000.
    MDEQ chose July 1990 through June 1991 as the Thompson Falls base 
year inventory of PM10 emissions. The results of the 
emissions inventory indicate that area sources contribute approximately 
77 percent of the total emissions for the area, of which re-entrained 
road dust (from paved roads) contributes approximately 59 percent and 
woodburning contributes approximately 14.4 percent. Stationary sources 
accounted for 23 percent of the emissions inventory (this figure 
includes 2.8 percent for industrial road dust).\3\
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    \3\ Emissions from Conoco Inc. were not included in the Thompson 
Falls emissions inventory even though Conoco is inside the emissions 
inventory boundary. Conoco operates an unloading facility in 
Thompson Falls; this is a minor source (emissions are less than 100 
tons per year for any one pollutant) with a state-issued permit. 
Actual PM10 emissions from this source are very low as 
most of the emissions are volatile organic compounds (VOCs).
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    EPA is proposing to approve the emission inventory for Thompson 
Falls because it is accurate and comprehensive, and consistent with the 
requirements of sections 172(c)(3) and 110(a)(2)(K) of the Act.\4\
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    \4\ EPA issued guidance on PM10 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 is consistent with the revised Act.
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    In addition to the above requirements for the use of the clean data 
areas approach, any requirements that are dependent solely on 
designation or classification, such as new source review (NSR) and 
RACM/RACT, will remain in effect. New source review requirements have 
been approved as part of the Administrative Rules of Montana, title 17, 
chapter 8, subchapters 8 and 9 and were approved as part of the SIP on 
August 13, 2001 (see 66 FR 42427). New source review requirements that 
were approved into the SIP will continue to be in effect. However, the 
requirements under CAA section 172(c) for developing attainment 
demonstrations, RFP demonstrations, and contingency measures are waived 
due to the fact that the areas which are eligible under this approach 
have already attained the PM10 NAAQS and have met RFP. Any 
sanctions clocks that may be running for an area due to failure to 
submit, or disapproval of, any attainment demonstration, RFP or 
contingency measure requirements, are stopped. In addition, areas are 
still required to demonstrate transportation conformity using the 
build/no-build test, or the no-greater-than-1990 test. The emissions 
budget test would not be required, because the requirements for an 
attainment demonstration and RFP, which establish the budgets, no 
longer apply. The applicable tests for general conformity still apply. 
The use of the clean data areas approach doesn't act as a CAA section 
107(d) redesignation, but only serves to approve nonattainment area 
SIPs required under part D of the CAA.

IV. Proposed Action

    We are proposing to approve State Implementation Plan (SIP) 
revisions submitted by the Governor of Montana on June 26, 1997, and 
June 13, 2000. The June 26, 1997, submittal revises the SIP by adding 
the Thompson Falls Air Pollution Control Plan and an emissions 
inventory for the Thompson Falls PM10 nonattainment area. On 
February 28, 1999, the Governor of Montana withdrew all chapters of the 
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, 
except chapters 45.2, 45.10.10 and 45.10.12 and the emissions 
inventory. The June 13, 2000 submittal contains corrections to chapter 
45.10.10 of the Thompson Falls Air Pollution Control Plan and the 
emissions inventory submitted on June 26, 1997. Chapters 45.2, 45.10.10 
and 45.10.12 of the Thompson Falls Air Pollution Control Plan include 
the PM10 control measures, control demonstration and 
enforceability sections of the plan. We are proposing to approve the 
emissions inventory for Thompson Falls and chapters 45.2, 45.10.10 and 
45.10.12 of the Thompson Falls Air Pollution Control Plan using the 
PM10 clean areas data approach.
    We are soliciting public comments on the issues discussed in this 
document, or on other relevant matters. If you submit comments, they 
will be considered before we take final action. Interested parties may 
participate in the Federal rulemaking procedure by submitting written 
comments to the EPA Regional office listed in the ADDRESSES section of 
this document.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, it does 
not contain any unfunded mandate or significantly or uniquely affect 
small governments, as described in the Unfunded Mandates Reform Act of 
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to approve a State rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

[[Page 65234]]

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does 
not impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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: November 12, 2003.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 03-28910 Filed 11-18-03; 8:45 am]
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