Clean Air Act Approval and Promulgation of PMINF10 Implementation Plan for Montana

Federal RegisterJan 18, 1994

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT9-1-6134 & MT13-1-6133; FRL-4807-5]

Clean Air Act Approval and Promulgation of PM10

Implementation Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA approves the State implementation plan

(SIP) submitted by the State of Montana to achieve attainment of the

National ambient air quality standards (NAAQS) for particulate matter

with an aerodynamic diameter less than or equal to a nominal 10

micrometers (PM10). The SIP was submitted by Montana to satisfy

certain Federal requirements for an approvable moderate nonattainment

area PM10 SIP for Missoula. In this final rule, EPA also approves

the Missoula City-County Air Pollution Control Program, except several

rules regarding emergency procedures, permitting, open burning, wood-

waste burners, new source performance standards, hazardous air

pollutant standards, and variances. EPA will propose separate action on

these rules when the State fulfills its related commitments. One

commitment has been fulfilled (see the This Action section of this

document for more information). If the State fails to fulfill the

remainder of its commitments, EPA will take appropriate action.

Further, EPA is declining to take action on Missoula's odor provisions.

EFFECTIVE DATE: This rule will become effective on February 17, 1994.

ADDRESSES: Copies of the State's submittal and other information are

available for inspection during normal business hours at the following

locations: Environmental Protection Agency, Region VIII, Air Programs

Branch, 999 18th Street, Suite 500, Denver, Colorado 80202-2405;

Montana Department of Health and Environmental Sciences, Air Quality

Bureau, Cogswell Building, Helena, Montana 59620-0901; and Mr. Jerry

Kurtzweg, ANR-443, Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection

Agency, Region VIII, (303) 293-1769.

SUPPLEMENTARY INFORMATION:

I. Background

The Missoula, Montana area was designated nonattainment for

PM10 and classified as moderate under sections 107(d)(4)(B) and

188(a) of the Clean Air Act, upon enactment of the Clean Air Act

Amendments of 1990.1 See 56 FR 56694 (November 6, 1991); 40 CFR

81.327 (Missoula and vicinity). The air quality planning requirements

for moderate PM10 nonattainment areas are set out in subparts 1

and 4 of part D, title I of the Act.

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\1\The 1990 Amendments to the Clean Air Act made significant

changes to the air quality planning requirements for areas that do

not meet (or that significantly contribute to ambient air quality in

a nearby area that does not meet) the PM10 National Ambient Air

Quality Standards (see Public Law No. 101-549, 104 Stat. 2399).

References herein are to the Clean Air Act, as amended (``the

Act''), 42 U.S.C. 7401, et seq.

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EPA has issued a ``General Preamble'' describing its preliminary

views on how EPA intends to review SIPs and SIP revisions submitted

under title I of the Act, including those State submittals containing

moderate PM10 nonattainment area SIP requirements (see generally

57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)). Because

EPA is describing its interpretations here only in broad terms, the

reader should refer to the General Preamble for a more detailed

discussion of the interpretations of title I advanced in this final

action and the supporting rationale.

Those States containing initial moderate PM10 nonattainment

areas (i.e., those areas designated nonattainment for PM10 under

section 107(d)(4)(B) of the Act) were required to submit, among other

things, the following provisions by November 15, 1991:

1. Provisions to assure that reasonably available control measures

(RACM) (including such reductions in emissions from existing sources in

the area as may be obtained through the adoption, at a minimum, of

reasonably available control technology (RACT)) shall be implemented no

later than December 10, 1993;

2. Either a demonstration (including air quality modelling) that

the plan will provide for attainment as expeditiously as practicable

but no later than December 31, 1994, or a demonstration that attainment

by that date is impracticable;

3. Quantitative milestones which are to be achieved every 3 years

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure that the control requirements applicable to

major stationary sources of PM10 also apply to major stationary

sources of PM10 precursors except where the Administrator

determines that such sources do not contribute significantly to

PM10 levels which exceed the NAAQS in the area. See sections

172(c), 188, and 189 of the Act.

Some provisions are due at a later date. States with initial

moderate PM10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

stationary sources of PM10 by June 30, 1992 (see section 189(a)).

Such States also must submit contingency measures by November 15, 1993

that become effective without further action by the State or EPA, upon

a determination by EPA that the area has failed to achieve RFP or to

attain the PM10 NAAQS by the applicable statutory deadline. See

section 172(c)(9) and 57 FR 13543-13544.

On September 15, 1993, EPA announced its proposed approval of the

Missoula, Montana moderate nonattainment area PM10 SIP, including

parts of the Missoula City-County Air Pollution Control Program, as

meeting those moderate nonattainment area PM10 SIP requirements

due on November 15, 1991 (58 FR 48339-48343). In that proposed

rulemaking action and related Technical Support Document (TSD), EPA

described in detail its interpretations of title I and its rationale

for proposing to approve the Missoula moderate nonattainment area

PM10 SIP, taking into consideration the specific factual issues

presented.

EPA requested public comments on all aspects of the proposal

(please reference 58 FR 48343), and comments from the State of Montana

and Stone Container Corporation were received during the comment

period, which ended on October 15, 1993. (For further discussion of

these public comments, please see below and the Addendum to the TSD for

EPA's proposed rulemaking action on this SIP.) This final action on the

Missoula moderate nonattainment area PM10 SIP, and portions of the

Missoula City-County Air Pollution Control Program, is unchanged from

the September 15, 1993 proposed approval action, except for two

typographical errors noted by EPA. First, in the table describing

sources, controls, emission reductions, and effective dates, the

effective date for the Louisiana-Pacific permit modification should

have been listed as March 20, 1992 instead of January 23, 1992, as

indicated. Second, under the Enforceability Issues section, the final

modification date for Stone Container Corporation's air quality permit

#2589-M should have been January 23, 1992 instead of November 25, 1992,

as indicated.

The discussion herein provides only a broad overview of the

proposed action EPA is now finalizing. The public is referred to the

September 15, 1993 proposed rule for a more in-depth discussion of the

action now being finalized.

II. Response to Comments

EPA did not receive any adverse public comments regarding its

September 15, 1993 proposed approval of the Missoula moderate

nonattainment area PM10 SIP (58 FR 48339-48343). However, the

State of Montana submitted comments for clarification purposes, and

Stone Container Corporation submitted comments to express general

support for EPA's action. Comments were as follows.

In a letter dated September 24, 1993 from Jeff Chaffee, Montana

Department of Health and Environmental Sciences, to Amy Platt, EPA, and

through verbal communications, the State indicated that since

submitting the original moderate nonattainment area PM10 SIP for

Missoula, it discovered a minor arithmetic error in its 24-hour

attainment and maintenance demonstrations, as well as an error in the

way it had addressed background concentrations in both the 24-hour and

annual attainment and maintenance demonstrations. The background

concentrations, i.e., naturally occurring PM10 concentrations that

cannot be controlled, had not been subtracted from the 24-hour and

annual design values before apportioning the credits derived from the

outlined control measures. The State has corrected these calculations,

and with the adjustments, the 24-hour and annual attainment values

(i.e., ambient PM10 air quality levels achieved by 19952) are

as follows: 143.8 g/m3 and 44.7 g/m3,

respectively. (Before these adjustments, the 24-hour and annual

attainment values were 142.1 g/m3 and 45.3 g/

m3, respectively.) The adjusted 24-hour and annual maintenance

values (i.e., ambient PM10 air quality levels maintained through

January 1, 1998) are 147.0 g/m3 and 45.5 g/

m3, respectively. (Before these adjustments, the 24-hour and

annual maintenance values were 145.2 g/m3 and 46.2

g/m3, respectively.)

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\2\The Clean Air Act calls for attainment by December 31, 1994.

Section 188(c)(1). EPA interprets the State's demonstration as

providing for attainment by January 1, 1995. EPA is approving the

State's demonstration on the basis of the de minimis differential

between the two dates.

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Since these corrected calculations are based on properly handling

the background concentration and since the adjusted values still

adequately demonstrate attainment and maintenance of the PM10

NAAQS and do not represent major changes to those considered in EPA's

proposed action, EPA is proceeding with its approval of this SIP. There

is no need to adopt additional control measures based on these adjusted

calculations.

Comments were also received in an October 11, 1993 letter from

Larry Weeks, Stone Container Corporation, to Amy Platt, EPA. The

comments were not adverse and expressed general support for EPA's

action on the Missoula PM10 SIP. However, several of Stone

Container's comments indicate a misunderstanding of EPA's intended

action on this SIP and need further explanation.

First, EPA did not propose to approve the odor control rules

contained in the SIP submittal and Stone Container communicated its

support but referenced ``Montana's odor control rules.'' EPA's action

regarding odor regulations applies specifically to the Missoula City-

County regulation (Chapter IX, Subchapter 14, Rule 1427) contained in

the SIP submittal.

Second, Stone Container submitted comments suggesting it viewed the

reduction in allowable PM10 emissions from its No. 5 recovery

boiler as voluntary reductions. Stone Container's recovery boilers were

identified by chemical mass balance receptor modelling to contribute

8.1% of the PM10 ambient concentrations in Missoula. The SIP

submittal demonstrated that Stone Container is contributing to the

PM10 nonattainment problem in the Missoula and vicinity

nonattainment area and that reductions in allowable emissions from

recovery boiler No. 5 are part of an enforceable permit that are

necessary to demonstrate expeditious attainment of the PM10 NAAQS

in the area. EPA agrees with the State's judgement that the reduction

in allowable emissions from recovery boiler No. 5 is necessary to

ensure expeditious attainment of the PM10 NAAQS in the area. EPA's

final approval of this limitation means that it will become part of the

federally enforceable implementation plan. See, e.g., sections 113 and

302(q) of the Act.

Next, Stone Container commented that because EPA proposed to

approve the control requirement exclusion for major stationary sources

of PM10 precursors authorized by section 189(e) of the Act, it

would not make sense for the SIP to include contingency measures that

would call for limitations on industrial sources. Contingency measures

for moderate PM10 nonattainment areas are due to EPA no later than

November 15, 1993 and were not submitted by the State as part of the

SIP revisions being addressed in this action. Thus, this comment is

misplaced and does not address a matter within the scope of the

September 15, 1993 proposed action on the SIP submittals for the

Missoula area. For clarification purposes, EPA simply notes that EPA's

finding that major sources of PM10 precursors do not contribute

significantly to PM10 levels in excess of the NAAQS in Missoula

addresses PM10 precursors only. Note that 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. Stone

Container has been shown to be currently contributing to primary

PM10 emissions in Missoula.

Finally, since Stone Container has been shown to contribute to the

PM10 ambient concentrations in Missoula, contingency measures that

include limitations on its emissions could be sought by the State.

Although Stone Container is located outside the nonattainment area, it

is still a contributing source (approximately 8% of the PM10

ambient concentrations in Missoula). Therefore, it may be necessary and

reasonable to include emission reductions at Stone Container as part of

the contingency measures for Missoula. EPA will reserve judgement on

the adequacy of any contingency measures submitted by the State until

such time as EPA receives a contingency measure submittal and provides

public notice and opportunity for public comment on its adequacy.

This Action

Section 110(k) of the Act sets out provisions governing EPA's

review of SIP submittals (see 57 FR 13565-13566). The Governor of

Montana submitted the Missoula PM10 SIP with a letter dated June

4, 1992, and requested that EPA take action on the June 4, 1992

submittal together with the August 20, 1991 submittal of the Missoula

City-County Air Pollution Control Program. The submittals taken

together were intended to satisfy those moderate nonattainment area

PM10 SIP requirements due for Missoula on November 15, 1991. As

described in EPA's proposed action on this SIP (58 FR 48339-48343,

September 15, 1993), the Missoula moderate nonattainment area PM10

plan includes, among other things, a comprehensive and accurate

emissions inventory, control measures that satisfy the RACM

requirement, a demonstration (including air quality modelling) that

attainment of the PM10 NAAQS will be achieved by January 1, 1995

(see footnote #2), provisions for meeting the November 15, 1994

quantitative milestone and reasonable further progress, and

enforceability documentation. Further, EPA proposed to determine that

major sources of precursors of PM10 do not contribute

significantly to PM10 levels in excess of the NAAQS in

Missoula.3 Please refer to EPA's notice of proposed rulemaking (58

FR 48339) and the TSD for that action for a more detailed discussion of

these elements of the Missoula plan.

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\3\The consequences of this finding are to exclude these sources

from the applicability of PM10 nonattainment area control

requirements. Note that EPA's finding is based on the current

character of the area including, for example, the existing mix of

sources in the area. It is possible, therefore, that future growth

could change the significance of precursors in the area.

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In this final rulemaking, EPA announces its approval of those

elements of the Missoula, Montana moderate nonattainment area PM10

SIP that were due on November 15, 1991, and submitted on August 20,

1991 and June 4, 1992. In this final action, EPA is also announcing its

approval of the Missoula City-County Air Pollution Control Program

regulations (which were submitted on August 20, 1991 and June 4, 1992)

except for the following provisions: Chapter IX-Subchapter 4, Emergency

Procedures; Subchapter 11, Permit, Construction & Operation of Air

Contaminant Sources; Subchapter 13, Open Burning; Subchapter 14, Rule

1407, Wood-Waste Burners, Rule 1423, Standard of Performance for New

Stationary Sources (NSPS), Rule 1424, Emission Standards for Hazardous

Air Pollutants (NESHAPs), and Rule 1427, Control of Odors in Ambient

Air; and Chapter X, Variances. EPA described the deficiencies

associated with these rules in its notice of proposed rulemaking and

the TSD for that action.

EPA finds that the State of Montana's PM10 SIP for the

Missoula moderate nonattainment area meets the Reasonably Available

Control Measures (RACM), including Reasonably Available Control

Technology (RACT), requirement. Five sources/source categories were

identified as contributing to the PM10 nonattainment problem in

Missoula and, therefore, were targeted for control in the SIP. The

State has demonstrated that by applying control measures to area

sources (re-entrained road dust, residential wood combustion,

prescribed burning, and motor vehicle exhaust), as well as reducing

allowable emissions through air quality permit modifications for

Louisiana-Pacific and Stone Container, Missoula will be in attainment

by January 1, 1995 (see footnote #2). It does not appear that applying

further control measures to these sources would expedite attainment.

EPA views the following measures as reasonable, enforceable, and

responsible for significant PM10 emissions reductions in Missoula:

(a) Missoula County Rule 1401(7), which sets sanding and chip sealing

standards and street sweeping and flushing requirements; (b) Missoula

County Rule 1401(9), which establishes liquid de-icer requirements; (c)

industry permit modifications made to reduce allowable PM10

emissions from Stone Container Corporation's recovery boiler No. 5 and

Louisiana-Pacific Corporation's particle board dryers; and (d) the

Federal tailpipe standards, which provide an ongoing benefit due to

fleet turnover. Further, although no credit was claimed in the SIP, EPA

is approving the following measures to make them federally enforceable

and to further strengthen the SIP. The measures provide additional

PM10 air quality protection. These measures are: (a) Missoula

County Rule 1428, which sets standards for the regulation for solid

fuel burning devices; and (b) Missoula County Rule 1310(3), which sets

standards for the regulation of prescribed wildland open burning.

A more detailed discussion of the individual source contributions,

their associated control measures (including available control

technology) and an explanation of why certain available control

measures were not implemented, can be found in the TSD accompanying

EPA's proposed approval of the Missoula moderate PM10

nonattainment area SIP (58 FR 48339-48343). EPA has reviewed the

State's documentation and concluded that it adequately justifies the

control measures to be implemented. The implementation of Montana's

PM10 nonattainment plan for Missoula will result in the attainment

of the PM10 NAAQS by January 1, 1995 (see footnote #2). By this

notice EPA is approving the Missoula PM10 moderate nonattainment

area plan's control measures as satisfying the RACM, including RACT,

requirement.

As noted, EPA did not propose approval, nor is EPA taking final

action, on some portions of the Missoula City-County Air Pollution

Control Program regulations. To address EPA-identified deficiencies in

the Missoula and statewide SIP, the State committed to complete

additional tasks to correct these deficiencies (except the concerns EPA

raised regarding the variance provisions). A more detailed explanation

of the State's commitments can be found in EPA's September 15, 1993

proposed approval of the Missoula moderate nonattainment area PM10

SIP (58 FR 48339-48343) and the TSD for that action). Since none of the

rules associated with these commitments has an impact on the attainment

demonstration, credited control strategies in the Missoula PM10

SIP, or other Federal Clean Air Act SIP requirements for the Missoula

moderate PM10 nonattainment area due to EPA on November 15, 1991,

EPA will take separate action, as appropriate, when such commitments

are fulfilled by the State, and also will address the variances chapter

at that time. Further, EPA is declining to take action on Chapter IX,

Subchapter 14: Rule 1427, Control of Odors in Ambient Air. These odor

provisions do not have a reasonable connection to the NAAQS-related air

quality goals of the Clean Air Act.

The State has fulfilled one commitment to revise its NSPS and

NESHAPs regulations to incorporate all Federal requirements promulgated

through July 1, 1992. In a March 9, 1993 submittal, the State satisfied

this commitment, and EPA will announce its action on these revisions in

a separate notice.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for a

revision to any SIP. Each request for a revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

Final Action

This document announces EPA's final action on the action proposed

at 58 FR 48339. As noted elsewhere in this final action, EPA received

no adverse public comments on the proposed action. As a direct result,

the Regional Administrator has reclassified this action from Table 1 to

Table 3 under the processing procedures established at 54 FR 2214,

January 19, 1989.

Regulatory Process

Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP-approval does not impose any new requirements, I certify

that it does not have a significant impact on a substantial number of

small entities affected. Moreover, due to the nature of the Federal-

state relationship under the Clean Air Act, preparation of a regulatory

flexibility analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by March 21, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be file, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

Executive Order (EO) 12866

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of

Management and Budget waived Table 2 and 3 SIP revisions (54 FR 2222)

from the requirements of section 3 of Executive Order 12291 for a

period of two years. USEPA has submitted a request for a permanent

waiver for Table 2 and Table 3 SIP revisions. OMB has agreed to

continue the waiver until such time as it rules on USEPA's request.

This request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Particulate matter, Reporting and recordkeeping requirements,

Sulfur dioxide, and Volatile organic compounds.

Note: Incorporation by reference of the State Implementation

Plan for the State of Montana was approved by the Director of the

Federal Register on July 1, 1982.

Dated: November 3, 1993.

Kerrigan Clough,

Acting Regional Administrator.

Part 52, 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)(30) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

(30) The Governor of Montana submitted a portion of the

requirements for the moderate nonattainment area PM10 State

Implementation Plan (SIP) for Missoula, Montana, and the Missoula City-

County Air Pollution Control Program regulations with letters dated

August 20, 1991 and June 4, 1992. The submittals were made to satisfy

those moderate PM10 nonattainment area SIP requirements due for

Missoula on November 15, 1991.

(i) Incorporation by reference.

(A) Stipulation signed April 29, 1991 between the Montana

Department of Health and Environmental Sciences and the Missoula City-

County Air Pollution Control Board, which delineates responsibilities

and authorities between the two entities.

(B) Board order issued on June 28, 1991 by the Montana Board of

Health and Environmental Sciences approving the comprehensive revised

version of the Missoula City-County Air Pollution Control Program.

(C) Board order issued on March 20, 1992 by the Montana Board of

Health and Environmental Sciences approving the amendments to Missoula

City-County Air Pollution Control Program Rule 1401, concerning the use

of approved liquid de-icer, and Rule 1428, concerning pellet stoves.

(D) Missoula County Rule 1401 (7), effective June 28, 1991, which

addresses sanding and chip sealing standards and street sweeping and

flushing requirements.

(E) Missoula County Rule 1401 (9), effective March 20, 1992, which

addresses liquid de-icer requirements.

(F) Missoula County Rule 1428, effective June 28, 1991, with

revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule

1428, effective March 20, 1992, which addresses requirements for solid

fuel burning devices.

(G) Missoula County Rule 1310 (3), effective June 28, 1991, which

addresses prescribed wildland open burning.

(H) Other Missoula City-County Air Pollution Control Program

regulations effective June 28, 1991, as follows: Chapter I. Short

Title; Chapter II. Declaration of Policy and Purpose; Chapter III.

Authorities for Program; Chapter IV. Administration; Chapter V. Control

Board, Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter

VII. Air Pollution Control Advisory Council; Chapter VIII. Inspections;

Chapter IX., Subchapter 7 General Provisions; Chapter IX., Subchapter

14, Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with

amendments effective March 20, 1992), 1411, 1419, 1425, and 1426;

Chapter XI. Enforcement, Judicial Review and Hearings; Chapter XII.

Criminal Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-

Compliance Penalties; Chapter XV. Separability Clause; Chapter XVI.

Amendments and Revisions; Chapter XVII. Limitations, and Appendix A,

Maps.

(ii) Additional material.

(A) Montana Department of Health and Environmental Sciences Air

Quality Permit #2303-M, with a final modification date of March 20,

1992, for Louisiana-Pacific Corporation's particle board manufacturing

facility.

(B) Montana Department of Health and Environmental Sciences Air

Quality Permit #2589-M, with a final modification date of January 23,

1992, for Stone Container Corporation's pulp and paper mill facility.

(C) Federal tailpipe standards, which provide an ongoing benefit

due to fleet turnover.

[FR Doc. 94-1061 Filed 1-14-94; 8:45 am]

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