Approval and Promulgation of State Implementation Plans; State of Montana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT-8-1-5488; FRL-4789-6]

Approval and Promulgation of State Implementation Plans; State of

Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In this action, EPA is approving revisions to the Montana

State Implementation Plan (SIP) submitted on April 25, 1988, by the

Governor of Montana. EPA proposed to approve these revisions in the

October 20, 1989, Federal Register. EPA is taking final action to

approve those portions of the SIP submittal which include: The adoption

of the national ambient air quality standards (NAAQS) for particulate

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

micrometers (PM-10); deletion of the total suspended particulate (TSP)

ambient air quality standard; amendments to the prevention of

significant deterioration of air quality (PSD) program to include

protection of the PM-10 NAAQS and assure consistency with EPA

requirements; commitments to monitor and develop plans if PM-10

violations are found in Group II PM-10 areas; a revised emergency

episode plan for PM-10; and a listing of the control measures in the

SIP which will be relied on to maintain the PM-10 NAAQS, including the

Montana Smoke Management Plan. The effect of approval is to make the

plans federally enforceable. At this time, EPA is taking no action on

the remainder of the submittal.

EFFECTIVE DATE: This approval will be effective on February 22, 1994.

ADDRESSES: Copies of the State submittal are available for public

inspection between 8 a.m. and 4 p.m., Monday through Friday, at the

following offices: Environmental Protection Agency, Region VIII, Air

Programs Branch, 999 18th Street, suite 500, Denver, Colorado 80202-

2466; and Montana Department of Health and Environmental Sciences, Air

Quality Bureau, Cogswell Building, Helena, Montana 59620.

FOR FURTHER INFORMATION CONTACT: Meredith A. Bond, 8ART-AP,

Environmental Protection Agency, Region VIII, 999 18th Street, suite

500, Denver, Colorado 80202-2405, (303) 293-1764.

SUPPLEMENTARY INFORMATION: The 1977 amendments to the Clean Air Act

require EPA to review periodically and, if appropriate, revise the

criteria on which each NAAQS is based along with the NAAQS themselves.

In response to these requirements, EPA published a notice to promulgate

revised NAAQS for particulate matter under ten microns in size (known

as PM-10) on July 1, 1987 (52 FR 24634). As a result, States were to

revise their State Implementation Plans (SIPs) to attain and maintain

the new NAAQS.

To implement the new SIP requirements, all areas in the country

were divided into three groups. Group I areas had violated the PM-10

NAAQS or had air quality data showing high probabilities (greater than

95%) of violating the NAAQS. Group II areas were estimated to have a

moderate probability (between 20 and 95%) of violating the PM-10 NAAQS.

Group III areas were estimated to have a low probability (less than

20%) of violating the PM-10 NAAQS. This SIP revision was submitted to

EPA by the Governor of Montana on April 25, 1988, as a plan for

maintaining the PM-10 NAAQS statewide, and in particular in those areas

designated Group II and III. Separate SIPs including control strategies

and attainment demonstrations were required for the Group I areas.

Upon enactment of the Clean Air Act Amendments of 1990 (November

15, 1990), Group I areas and Group II areas with exceedances monitored

before January 1, 1989, were designated and classified as moderate PM-

10 nonattainment areas by operation of law. (Section 107(d)(4)(B) of

the Clean Air Act as amended (``the Act''); see 56 FR 56694, November

6, 1991.) The amended Act continues to require states to submit full

SIPs for such moderate PM-10 nonattainment areas.

Those Montana areas initially designated, upon enactment of the

Clean Air Act Amendments of 1990, as moderate PM-10 nonattainment

areas, and for which the State has submitted part D plans, include:

Butte, Kalispell, Libby, Missoula, and Columbia Falls. The Thompson

Falls area is currently being redesignated to nonattainment (57 FR

43846, September 22, 1992).

Some of the commitments made (with the April 25, 1988 submittal)

for Group II areas and statewide control measures are still appropriate

to meet requirements under section 110(a)(1) of the amended Act.

Therefore, EPA is taking final action to approve these portions of the

April 25, 1988, submittal in order that the measures may become a part

of the federally approved SIP.

Montana SIP

Section 110(a)(1) of the Act requires states to submit plans which

provide for implementation, maintenance, and enforcement of the NAAQS.

The April 25, 1988, Montana submittal addresses these requirements for

PM-10 as follows:

(1) PM-10 Air Quality Standards

The State has adopted ambient air quality standards for PM-10 in

revisions to ARM 16.8.821.

(2) Preconstruction Review of Stationary Sources of PM-10

The State administers a New Source Review (NSR) program for

stationary sources and modifications, which was approved by EPA on

September 23, 1980 (45 FR 62982). By adopting ambient air quality

standards for PM-10 in ARM 16.8.821, the State has triggered a

requirement (under the State regulations) for preconstruction review of

all sources of PM-10. The State also administers a PSD program which

was originally approved by EPA on May 5, 1983 (48 FR 20231). The

submittal contains revisions to these regulations which are approved

with this document.

In ARM 16.8.941(1)(a), the State did not amend the maximum

allowable increase, in Class I areas receiving a variance from the

increment, from ``particulate matter'' to ``particulate matter: TSP''

as in 40 CFR 51.166(p)(4). This leaves the maximum allowable increase

somewhat ambiguous since ``particulate matter'' is defined as either

PM-10 or TSP. The State submitted a SIP revision on September 5, 1989,

which corrected this oversight. EPA approved the September 5, 1989

revision at 55 FR 22332 (June 1, 1990). EPA is approving the remainder

of the regulations since it is clear that, in all other instances, the

increments are in terms of TSP.

(3) Revised Emergency Episode Plans

EPA revised the significant harm level for particulate matter in 40

CFR 51.151, to 600 g/m3 measured as PM-10, and deleted

the combined sulfur dioxide-particulate matter significant harm level.

In addition, the example alert, warning, and emergency levels of

particulate matter in appendix L to part 51 were also revised from TSP

to PM-10 concentrations. In its submittal, the State has revised its

emergency episode plans in Chapter 7 of its SIP to reflect the changes

in the federal regulations due to PM-10.

(4) PM-10 Monitoring Networks

Revisions to 40 CFR part 58 set forth the requirements for design

of national, state and local PM-10 air monitoring networks. The revised

monitoring networks must be submitted for EPA approval. The required

monitoring frequency varies with area grouping: Group I areas are

required to monitor daily at least one site representative of the

expected maximum concentration, Group II areas are required to monitor

every other day at such a site, and Group III areas are required to

monitor every sixth day at such a site. Monitoring frequency can be

reduced after the first year of data collection depending on the values

monitored. EPA approved Montana's PM-10 monitoring network as meeting

40 CFR part 58 criteria on March 30, 1989.

(5) Committal SIP

The State's submittal includes a Committal SIP for the Montana

Group II PM-10 areas. The SIP commits the State to continue to monitor

for PM-10, report data, and submit a full SIP if a violation of the PM-

10 NAAQS is detected. Specifically, the provisions are:

(a) Collection of Ambient PM-10 Data

The State has begun monitoring for PM-10 in all Group I and II

areas. The State has continued to monitor for TSP as a surrogate for

PM-10 in Group III areas and has committed to implement PM-10

monitoring if a TSP monitor being used as a surrogate PM-10 monitor

records an exceedance of the PM-10 NAAQS.

(b) Reporting Exceedances to EPA Within 45 Days

The State has committed to analyze and verify the ambient PM-10

data and report 24-hour PM-10 NAAQS exceedances to the appropriate

Regional Office within 45 days of each exceedance.

(c) Immediate Notification of EPA if the Area Moves Into Nonattainment

The State has committed to acknowledge that a nonattainment problem

exists and immediately notify EPA if the applicable number of

verifiable 24-hour NAAQS exceedances has occurred, (see section 2.0 of

the PM-10 SIP Development Guideline) or when an annual arithmetic mean

(AAM) above the level of the annual PM-10 NAAQS has occurred.

(d) Determination of Adequacy of the Existing SIP

The State has determined that the existing SIP as amended is

adequate to maintain the PM-10 standards in areas currently in

attainment. The standards will be maintained by continuing surrogate

TSP monitoring, instituting PM-10 monitoring when excursions above the

PM-10 standards occur, developing a full SIP revision if actual PM-10

standard violations occur, enforcing the control measures listed below

(items 1-18), and continuing to enforce the PSD/NSR program.

(e) The Committal SIP also provides for development of control

strategies and enforceable schedules for assuring attainment of the PM-

10 NAAQS as expeditiously as practicable should an area experience

ambient exceedances as described in (c) above. The requirements of the

Clean Air Act amendments of 1990 have superseded these provisions.

Therefore, EPA is taking no action on the provisions for these items.

Control Strategies

The State submittal lists the control measures which are being

relied on to maintain the PM-10 NAAQS. These control measures are

described below, together with their previous SIP approval status (some

were approved as part of the SIP prior to this action) and EPA's

approval status with respect to this SIP action:

1. Ambient Air Quality Standards for PM-10 (ARM 16.8.821),

effective April 29, 1988. In this action, EPA is approving this

regulation as part of the PM-10 SIP for Montana.

2. Prevention of Significant Deterioration of Air Quality (ARM

16.8.921-16.8.943), effective April 29, 1988. These rules were

originally approved by EPA on May 5, 1983, (48 FR 20231). Revisions

submitted on August 21, 1985, and May 27, 1987, and September 5, 1989,

were approved at 55 FR 22332 (June 1, 1990). Revisions effective April

29, 1988, to include PM-10 in the program and to make other minor

revisions consistent with EPA requirements were submitted on April 25,

1988. In this action, EPA is approving this regulation and its

revisions as part of the PM-10 SIP for Montana.

3. Visibility Impact Assessment (ARM 16.8.1001-16.8.1008),

effective September 13, 1985, approved by EPA on June 6, 1986 (51 FR

20646). In this action, EPA is approving this regulation as part of the

PM-10 SIP for Montana.

4. Permits, Construction and Operation of Air Contaminant Sources

(ARM 16.8.1101-16.8.1118), effective February 14, 1987. These rules

were originally approved by EPA on September 23, 1980 (45 FR 62982).

The State has submitted revisions to these rules which are not being

addressed in this action. These revisions will be addressed in a

separate action.

5. Stack Height and Dispersion Techniques (ARM 16.8.1204-

16.6.1206), effective June 13, 1986, approved by EPA on June 7, 1989

(54 FR 24334). In this action, EPA is approving this regulation as part

of the PM-10 SIP for Montana.

6. Open Burning (ARM 16.8.1301-16.8.1308), effective April 16,

1982, approved by EPA on July 15, 1982 (47 FR 30762). In this action,

EPA is approving this regulation as part of the PM-10 SIP for Montana.

7. Particulate Matter, Airborne (ARM 16.8.1401), effective February

16, 1979, approved by EPA on March 4, 1980 (44 FR 14036). In this

action, EPA is approving this regulation as part of the PM-10 SIP for

Montana.

8. Particulate Matter, Fuel Burning Equipment (ARM 16.8.1402),

effective December 31, 1972, approved by EPA on March 4, 1980 (44 FR

14036). On December 2, 1988 (53 FR 48643), EPA approved revisions

submitted by the Governor on March 9, 1988 (effective on March 11,

1988), which exempt residential combustion units from this rule. In

this action, EPA is approving this regulation as amended on March 9,

1988, as part of the PM-10 SIP for Montana.

9. Particulate Matter, Industrial Process (ARM 16.8.1403),

effective September 5, 1975, approved by EPA on March 4, 1980 (44 FR

14036). In this action, EPA is approving this regulation as part of the

PM-10 SIP for Montana.

10. Visible Air Contaminants (ARM 16.8.1404), effective June 13,

1986. EPA has not acted on this revision previously. In this action,

EPA is approving this regulation as part of the PM-10 SIP for Montana.

11. Incinerators (ARM 16.8.1406), effective December 29, 1978,

approved by EPA on March 4, 1980 (44 FR 14036). In this action, EPA is

approving this regulation as part of the PM-10 SIP for Montana.

12. Wood Waste Burners (ARM 16.8.1407), effective December 29,

1979, approved by EPA on March 4, 1980 (44 FR 14036). In the proposal

to this action, EPA indicated that we were proposing to approve this

regulation as part of the PM-10 SIP for Montana. However, after further

review, EPA has determined that there are enforceability concerns with

this regulation. Therefore, EPA is not taking final action on this

regulation at this time.

13. Fluoride Emissions--Phosphate Processing (ARM 16.8.1419),

effective December 31, 1972, approved by EPA on March 4, 1980 (44 FR

14036). In this action, EPA is approving this regulation as part of the

PM-10 SIP for Montana.

14. Standard of Performance of New Stationary Sources (NSPS) (ARM

16.8.1423), effective February 29, 1988, which incorporates by

reference 40 CFR part 60, effective July 1, 1987. Enforcement of the

federal NSPS has been delegated to Montana. In this action, EPA is

approving this regulation as part of the PM-10 SIP for Montana.

15. Prohibited Materials for Wood or Coal Residential Stoves or

Coal Residential Stoves (ARM 16.8.1428), effective June 13, 1986. EPA

has not acted on this revision previously. In this action, EPA is

approving this regulation as part of the PM-10 SIP for Montana.

16. Emission Standards for Existing Aluminum Plants (ARM 16.8.1501-

16.8.1505), effective February 26, 1982. EPA has not acted on this

revision previously. In the proposal to this action, EPA proposed to

approve this regulation as part of the PM-10 SIP for Montana. However,

after further review, EPA has determined that there are enforceability

concerns with this regulation. Therefore, EPA is not taking final

action on this regulation at this time.

17. Combustion Device Tax Credit (ARM 16.8.1601-16.8.1602),

effective December 27, 1985. EPA has not acted on this revision

previously. In this action, EPA is approving this regulation as part of

the PM-10 SIP for Montana.

18. Montana Smoke Management Plan (SMP) (Memorandum of Agreement

effective 7/31/78). In this action, EPA is approving the SMP as part of

the PM-10 SIP for Montana. The SMP is a memorandum of agreement between

the State Department of Health and Environmental Sciences, the U.S.

Forest Service, the State Division of Forestry, the Bureau of Indian

Affairs, the Bureau of Land Management, Burlington Northern, St. Regis

Paper, Champion Timberlands, the National Weather Service, the State

Department of Fish and Game, Wickes Forest Industries, the National

Park Service, the U.S. Fish and Wildlife Service, and the Missoula

City-County Air Pollution Control Board. The SMP requires prescribed

burning for land management purposes to be carried out only when

meteorological conditions are found to allow the dispersion of

emissions and requires the burning to be curtailed when air quality or

meteorological conditions so warrant.

As indicated, EPA is approving control strategy items 1 through 3,

5 through 11, 13 through 15, 17 and 18, as part of the PM-10 SIP for

Montana. EPA finds that these items will help assure maintenance of the

PM-10 NAAQS in Montana. At this time, EPA is not taking final action on

control strategy items 4, 12, and 16, as part of the PM-10 SIP for

Montana. EPA will address these items in a separate action.

The submittal also contains a request to extend the attainment date

for the PM-10 NAAQS for up to two years should such an extension later

be demonstrated to be necessary. The Clean Air Act Amendments of 1990

changed attainment date requirements. All areas to which this request

applied have since been designated nonattainment, and the Act lays out

specific schedules for SIP submittal and attainment of the PM-10 NAAQS

for such nonattainment areas. In the proposal to this action, EPA had

proposed to approve the extension request. However, because of the

changes to the Act made by the 1990 Amendments, at this time EPA is not

taking final action on this request.

In this submittal, the State also requested to redesignate the TSP

nonattainment areas to unclassified for TSP. As indicated in the

proposal to this action, EPA will take separate action on this request

at a later time.

The State has satisfied EPA requirements for administrative

procedures, adequate legal authority to implement the SIP, and

intergovernmental relations. These procedures have been approved as

part of the State SIP in previous Federal Register notices. See 40 CFR

52.1370 et seq. EPA proposed to approve these revisions in the October

20, 1989 Federal Register (54 FR 43083). No comments were received

pursuant to the proposal.

Final Action

EPA approves the revisions to the Montana State Implementation Plan

(SIP) submitted on April 25, 1988, by the Governor of Montana, with the

exception of commitments to set schedules and develop SIPs for areas

which experience exceedances of the PM-10 NAAQS, and with the exception

of the State's request to extend attainment dates for the PM-10 NAAQS.

The requirements of the Clean Air Act Amendments of 1990 have replaced

these provisions. In addition, EPA is not taking final action on the

control measures identified as items 4, 12, and 16 under the section

entitled ``Control Strategies'' in this document. EPA will address them

at a later date. The approved revisions include the adoption of PM-10

ambient air quality standards, deletion of the total suspended

particulate (TSP) ambient air quality standard, amendments to the new

source review program, commitments to monitor and develop plans if

necessary in Group II PM-10 areas, a revised emergency episode plan for

PM-10, a listing of the control measures in the SIP which will be

relied on to maintain the PM-10 NAAQS, and the Montana Smoke Management

Plan.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

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 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 CAA

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 any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric C. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 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. This action

may not be challenged later in proceedings to enforce its requirements.

(See 307(b)(2).)

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. EPA has submitted a request for a permanent waiver

for Table 2 and 3 SIP revisions. OMB has continued the waiver until

such time as it rules on EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental protection, Incorporation by

reference, Intergovernmental relations, Particulate matter.

Note: Incorporation by reference of the SIP for the State of

Montana was approved by the Director of the Federal Register on July

1, 1982.

Dated: October 1, 1993.

Jack McGraw,

Acting Regional Administrator.

PART 52 [AMENDED]

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

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)(27) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

(27) On April 25, 1988, the Governor submitted a plan to help

assure attainment and maintenance of the PM-10 NAAQS throughout the

State of Montana.

(i) Incorporation by reference.

(A) Amendments to the Administrative Rules of Montana (ARM)

16.8.821 (Ambient Air Quality Standards), and ARM 16.8.701, ARM

16.8.806, and ARM 16.8.921 (Definitions), effective April 29, 1988.

(B) Amendments to the ARM, subchapter 9 (Prevention of Significant

Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective

April 29, 1988; section 16.8.937, effective March 11, 1988; section

16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923,

16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933,

16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942,

16.8.943, effective January 1, 1983.

(C) Amendments to the ARM, subchapter 10 (Visibility Impact

Assessment): section 16.8.1007, effective April 29, 1988; and sections

16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and

16.8.1008, effective March 11, 1988; section 16.8.930, effective

September 13, 1985.

(D) Amendments to the ARM, subchapter 12 (Stack Heights and

Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206,

effective June 13, 1986.

(E) Amendments to the ARM, subchapter 13 (Open Burning), sections

16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306,

16.8.1307, and 16.8.1308, effective April 16, 1982.

(F) Amendments to the ARM, subchapter 14 (Emission Standards):

section 16.8.1401, effective February 16, 1979; section 16.8.1402,

effective March 11, 1988; section 16.8.1403, effective September 5,

1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406,

effective December 29, 1978; section 16.8.1419, effective December 31,

1972; section 16.8.1423, effective March 11, 1988; and section

16.8.1428, effective June 13, 1986.

(G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax

Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.

(H) Appendix G-2, Montana Smoke Management Plan, effective April

15, 1988.

[FR Doc. 94-1270 Filed 1-19-94; 8:45 am]

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