Clean Air Act Approval and Promulgation of PM-10 Implementation Plan for Montana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT1-1-5697; AD-FRL-4830-5]

Clean Air Act Approval and Promulgation of PM-10 Implementation

Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action EPA proposes approval of the state

implementation plan (SIP) for the Columbia Falls, Montana nonattainment

area 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 (PM-10). The SIP was submitted by Montana to satisfy

certain federal Clean Air Act requirements for an approvable moderate

nonattainment area PM-10 SIP for Columbia Falls. EPA is also proposing

approval of the Flathead County Air Pollution Control Program.

DATES: Comments on this proposed action must be received in writing by

February 28, 1994.

ADDRESSES: Comments should be addressed to Meredith A. Bond, 8ART-AP,

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

500, Denver, Colorado 80202-2405. Copies of the State's submittal and

other information are available for inspection during normal business

hours at the following locations: Air Programs Branch, Environmental

Protection Agency, Region VIII, 999 18th Street, suite 500, Denver,

Colorado 80202-2405; and Montana Department of Health and Environmental

Sciences, Air Quality Bureau, Cogswell Building, Helena, Montana 59620-

0901.

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

SUPPLEMENTARY INFORMATION:

I. Background

The Columbia Falls, Montana area was designated nonattainment for

PM-10 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 Columbia Falls and vicinity). The air

quality planning requirements for moderate PM-10 nonattainment areas

are set out in Subparts 1 and 4 of Title I of the Act.\2\ The EPA has

issued a ``General Preamble'' describing EPA's preliminary views on how

EPA intends to review SIPs and SIP revisions submitted under Title I of

the Act, including those State submittals containing moderate PM-10

nonattainment area SIP requirements (see generally 57 FR 13498 (April

16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is describing

its interpretations here only in broad terms, the reader should refer

to the General Preamble for a more detailed discussion of the

interpretations of Title I advanced in today's proposal and the

supporting rationale. In today's rulemaking action on the Montana

moderate PM-10 SIP, EPA is proposing to apply its interpretations

considering the specific factual issues presented. Thus, EPA will

consider any timely submitted comments before taking final action on

today's proposal.

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

changes to the Act. See Public Law No. 101-549, 104 Stat. 2399.

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

Act''). The Clean Air Act is codified, as amended, in the U.S. Code

at 42 U.S.C. 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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Those States containing initial moderate PM-10 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 PM-10 also apply to major stationary

sources of PM-10 precursors except where the Administrator determines

that such sources do not contribute significantly to PM-10 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 PM-10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

stationary sources of PM-10 by June 30, 1992 (see section 189(a)). Such

States also were required to submit contingency measures by November

15, 1993 that become effective without further action by the State or

EPA, upon a determination by EPA that the area has failed to achieve

RFP or to attain the PM-10 NAAQS by the applicable statutory deadline.

See section 172(c)(9) and 57 FR 13510-13512, 13543-13544.

II. This Action

EPA is today proposing approval of the Columbia Falls PM-10

nonattainment area control plan. The Columbia Falls SIP consists of two

submittals. The first contains the Flathead County Air Pollution

Control Program and Air Pollution Plan regulations. Flathead County

contains two PM10 nonattainment areas for which SIPs were due in

November 1991: Columbia Falls and Kalispell. The Flathead County

regulations apply to both areas and were submitted with the attainment

demonstration for Kalispell on November 25, 1991, after being approved

by the Montana Board of Health and Environmental Sciences (MBHES) on

November 15, 1991. The Columbia Falls SIP and attainment demonstration

were not submitted at that time since a permit necessary to the control

strategy for the SIP was not finalized. The MBHES issued that permit

and approved the SIP on January 24, 1992. This second submittal to EPA

was made by the Governor on May 6, 1992. Final technical corrections to

the SIP were received by EPA on June 15, 1993. In this action, EPA is

proposing to approve the Flathead County rules (with the exception of

rules 501 through 506 which are specific to the city of Kalispell--EPA

will take separate action on the Kalispell PM10 nonattainment area

control plan) and the Columbia Falls PM10 nonattainment area

control plan.

To address deficiencies identified by EPA, the State adopted

commitments after public hearings on November 15, 1991 and January 24,

1992, and submitted the commitments to EPA with the Governor's May 6,

1992 letter, as additional tasks to be completed to correct the

deficiencies in the Columbia Falls and statewide SIP. The State has

fulfilled commitments related to SIP requirements due November 15, 1991

for the Columbia Falls nonattainment area. Those items related to

deficiencies in the statewide SIP will be addressed in a separate

action. EPA has determined that the Columbia Falls SIP can be fully

approved without the State fulfilling the remaining commitments.

Therefore, EPA is tracking the State's efforts to meet these

commitments, but approval of the SIP for the Columbia Falls

nonattainment area is not contingent upon the State meeting them by the

specified dates (a more detailed discussion of these commitments can be

found in the Technical Support Document (TSD) for this proposed

action).

The State has made a separate commitment to testing and further

dispersion modeling of emissions from the Columbia Falls Aluminum

Company (CFAC) facility. This facility is located outside the

nonattainment area and emissions from CFAC were not identified on the

Chemical Mass Balance analysis of filters collected from the monitor in

the Columbia Falls nonattainment area. Emissions from CFAC are a

potential concern, however, since this source accounts for 20 percent

of the emission inventory (at permitted allowable emissions). EPA will

continue to monitor the testing and assist the State with any action

required by the results.

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 proposing to grant approval of those elements of the Columbia

Falls PM-10 plan that were due on November 15, 1991, and submitted by

the State on November 25, 1991, and May 6, 1992 (excluding the

Kalispell portion of the county regulations). EPA believes that the

Columbia Falls plan meets those applicable requirements of the Act.

Since the Columbia Falls PM-10 SIP was not submitted by November

15, 1991, as required by section 189(a)(2)(A) of the Act, EPA made a

finding that the State failed to submit the SIP, pursuant to section

179 of the Act, and notified the Governor in a letter dated December

16, 1991. See 57 FR 19906 (May 8, 1992). After the Columbia Falls PM-10

SIP was submitted on May 6, 1992, EPA found the submittal complete

pursuant to section 110(k)(1) of the Act and notified the Governor

accordingly in a letter dated August 7, 1992. This completeness

determination corrected the State's deficiency and, therefore,

terminated the sanctions clock under section 179 of the Act.

A. Analysis of State Submission

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) of the Act provides that each implementation

plan submitted by a State must be adopted after reasonable notice and

public hearing.\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.

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\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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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 (1992). 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.

To entertain public comment on the implementation plan for Columbia

Falls, the State of Montana held a public hearing on November 15, 1991,

for the Flathead County Air Pollution Control Program. A second hearing

was held on January 24, 1992, to address the Plum Creek Manufacturing,

Inc. permit and the Columbia Falls PM-10 SIP. The State supplied

evidence that adequate public notice for these hearings was provided.

Following the public hearings, the local air pollution control plan and

the Columbia Falls PM-10 SIP were adopted by the State. The submittal

for the Flathead County Air Pollution Control Program was signed by the

Governor on November 25, 1991. The submittal for the final Columbia

Falls PM-10 SIP was signed by the Governor on May 6, 1992. The final

plan was received by EPA on May 12, 1992 as a proposed revision to the

SIP.

The SIP revisions were reviewed by EPA to determine completeness in

accordance with the completeness criteria set out at 40 CFR part 51,

appendix V (1992). The submittal was found to be complete and a letter,

dated August 7, 1992, was forwarded to the Governor indicating the

completeness of the submittal and the next steps to be taken in the

review process. In today's action EPA proposes to approve the Montana

PM-10 SIP submittals for Columbia Falls, as dated November 25, 1991

(with the exception of the Kalispell specific rules) and May 6, 1992,

with technical revisions dated June 15, 1993, and invites public

comment on the action.

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).

Columbia Falls' base year emission inventory was developed for July

1, 1989, through June 30, 1990. The results were segregated into

seasonal winter and spring emissions. On an annual basis, industrial

facilities account for 56.5% of the PM-10 emissions, with industrial

processes and fugitive industrial road dust responsible for 78.8 and

21.2% of this percentage, respectively. Area sources account for 43% of

the total annual PM-10 emissions, with re-entrained road dust

responsible for 89% of all area source contributions. Residential wood

burning area sources accounted for 4.3% of total annual PM-10 emissions

in Columbia Falls. The emission inventory shows that the emissions are

seasonal, with re-entrained road dust the primary source in the summer

and industrial sources the largest contributor during the fall, winter,

and spring.

EPA is proposing to approve 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 TSD for this proposed

action.

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\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 PM-10 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 PM-10 nonattainment problem in Columbia Falls. 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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PM-10 Emissions

Source Control Reduction Effective

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Re-entrained road Flathead County Rules:

dust.

601 Sanding & chip (no credit taken) 10/03/91

sealing standards.

602 Construction and (no credit taken) 10/03/91

Demolition Activity.

603 Pavement of Roads (no credit taken) 10/03/91

Required.

604 Pavement of (no credit taken) 10/03/91

Parking Lots Required.

605 Street Sweeping 47% (credit taken 10/03/91

and Flushing. only for winter

& spring).

606 Clearing of land (no credit taken) 10/03/91

greater than \1/4\

acre in size

(requires measures to

control dust when

clearing areas larger

than \1/4\ acre).

Combined controls..... 130.7 tpy (during

winter & spring).

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Prescribed Flathead County Rules:

burning.

201 (Open Burning) (no credit taken) 10/03/91

Definitions.

202 Materials (no credit taken) 10/03/91

Prohibited.

203 Minor Open Burning (no credit taken) 10/03/91

Source Requirements.

204 Major Open Burning (no credit taken) 10/03/91

Source Requirements.

205 Special Open (no credit taken) 10/03/91

Burning Periods.

206 Fire Fighter (no credit taken) 10/03/91

Training.

207 Conditional Air (no credit taken) 10/03/91

Quality Open Burning

Permits.

208 Emergency Open (no credit taken) 10/03/91

Burning Permits.

209 Permit Fees....... (no credit taken) 10/03/91

Residential wood Flathead County Air (no credit taken) 10/03/91

combustion. Pollution 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......... Plum Creek permit (no credit taken) 1/24/92

modification #2667-M.

Motor vehicle Federal tailpipe (no credit taken) Ongoing

exhaust. standards. due to

fleet

turnover

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A more detailed discussion of the source/source category

contributions and their associated control measures (including

available control technology) can be found in the TSD for this proposed

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 PM-10 nonattainment plan will result in the

attainment of the PM-10 NAAQS by December 31, 1994. By this action EPA

is proposing to approve the Columbia Falls PM-10 plan's RACM (including

RACT) in its entirety.

4. Demonstration

As noted, the initial moderate PM-10 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 attainment demonstration for Columbia

Falls was conducted using receptor modeling (CMB) and rollback

modeling. The 24-hour PM-10 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 PM-10 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 demonstration for Columbia Falls indicates that the 24-hour PM-

10 NAAQS will be attained by December 31, 1994 at 136.3 g/

m3, and it will be maintained in future years. The demonstration

indicated that an annual concentration of 31.1 g/m3 will

be achieved by 1995,5 showing attainment of the annual PM-10

NAAQS. Ambient monitoring has not measured an exceedance of the PM-10

NAAQS in Columbia Falls since 1987. The control strategies used to

achieve these design concentrations are summarized in the section

titled ``RACM (including RACT).'' For a more detailed description of

the attainment demonstration and the control strategies used, see the

TSD for this proposed action.

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\5\The Clean Air Act calls for attainment by December 31, 1994.

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

providing for attainment by January 1, 1995. EPA is proposing to

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

differential between the two dates. The State should promptly inform

EPA if EPA has in any manner misinterpreted the date by which the

State has demonstrated attainment in the Columbia Falls

nonattainment area.

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5. PM-10 Precursors

The control requirements that are applicable to major stationary

sources of PM-10 also apply to major stationary sources of PM-10

precursors, unless EPA determines such sources do not contribute

significantly to PM-10 levels over the NAAQS in that area (see section

189(e) of the Act). An analysis of air quality and emissions data for

the Columbia Falls nonattainment area indicates that exceedances of the

NAAQS are attributable chiefly to direct particulate emissions from re-

entrained road dust, stationary sources and residential wood burning.

Neither the emission inventory nor the CMB analysis for Columbia Falls

revealed any major stationary sources of PM-10 precursors.

Consequently, EPA is proposing to find that major sources of precursors

of PM-10 do not contribute significantly to PM-10 levels in excess of

the NAAQS. The consequences of this proposed finding are to exclude

these sources from the applicability of PM-10 nonattainment area

control requirements. Further discussion of the analyses and supporting

rationale for EPA's proposed finding are contained in the TSD

accompanying this proposed action. Note that while EPA is proposing to

make a general finding for this area, today's finding is based on the

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

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

could change the significance of precursors in the area. 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 PM-10 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 PM-10 SIP indicates that the Montana Department of Health and

Environmental Sciences (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,

1994.6

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\6\Thus, this report will be submitted coincident with the

December 31, 1994 attainment date. The de minimis timing

differential between the first milestone submittal date (i.e.

November 15, 1994) and the attainment date make it administratively

impracticable to require separate submittals. See generally 57 FR

13539.

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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 for re-entrained road dust. The MDHES will add a

progress report for the Plum Creek facility.

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 PM-10 standard will be evaluated and a

determination made as to the source of the exceedance. Changes in the

air quality program to prevent further exceedances and a timetable for

implementation will be developed. Any other EPA requirements for RFP

reports will be incorporated as necessary.

7. Enforceability Issues

All measures and other elements in the SIP must be enforceable by

the State and EPA (see sections 172(c)(6) and 110(a)(2)(A) of the Act

and 57 FR 13556). The EPA criteria addressing the enforceability of

SIPs and SIP revisions were stated in a September 23, 1987 memorandum

(with attachments) from J. Craig Potter, Assistant Administrator for

Air and Radiation, et al. (see 57 FR 13541). Nonattainment area plan

provisions also must contain a program to provide for enforcement of

control measures and other elements in the SIP (see section

110(a)(2)(C) of the Act).

The specific control measures contained in the SIP are addressed

above in section 3, ``RACM (including RACT).'' The Columbia Falls 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 Pollution Control Program and the associated

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 emission limits for Plum Creek are enforceable by the MDHES

through air quality permit #2667-M with a final modification date of

January 24, 1992. Section 75-2-401 of the Montana Code Annotated allows

the MDHES to seek civil penalties for a violation of a permit

limitation. Administrative Rules of Montana (ARM) 16.8.1112 allows the

MDHES to revoke a permit for a violation of a permit limitation. These

regulations are contained in the ARM 16.8.101 through 16.8.1602 and

violations of these rules are punishable by civil penalties in an

amount up to $10,000 per day and criminal penalties in an amount up to

$1,000 per day.

If a State relies on a local government for the implementation of

any plan provision, then, according to section 110(a)(2)(E)(iii) of the

Act, the State must provide necessary assurances that the State has

responsibility for ensuring adequate implementation of such plan

provision. A State would have responsibility to ensure adequate

implementation when, for example, the State has the authority and

resources to implement the provision, and the local entity has failed

to do so.

The 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 are the State's

permit modification for Plum Creek. The State of Montana has a program

that will ensure that the measures contained in the Columbia Falls PM-

10 SIP are adequately enforced. EPA believes that the State's and

Columbia Falls' existing air enforcement program will be adequate. The

TSD for this proposed 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.

8. Contingency Measures

As provided in section 172(c)(9) of the Act, all moderate

nonattainment area SIPs that demonstrate attainment must include

contingency measures. See generally 57 FR 13510-13512 and 13543-13544.

These measures must be submitted by November 15, 1993 for the initial

moderate nonattainment areas. Contingency measures should consist of

other available measures that are not part of the area's control

strategy. These measures must take effect without further action by the

State or EPA, upon EPA's determination that the area has failed to make

RFP or attain the PM-10 NAAQS by the applicable statutory deadline. The

Columbia Falls nonattainment area SIP contains an outline of steps to

be taken if attainment of the PM-10 standard is not achieved; however,

these steps do not adequately satisfy the contingency measures

requirement. Since the SIP does not provide for these measures to take

effect without further action should EPA determine that Columbia Falls

has failed to achieve RFP or to attain the PM-10 standard by December

31, 1994, EPA is taking no action at this time on the Columbia Falls

contingency measures. The State has until November 15, 1993 to submit

its contingency measures.

III. Implications of This Action

EPA is proposing to approve the PM-10 SIP submitted to EPA on

November 25, 1991 (with the exception of the Kalispell specific rules,

501-506) and on May 6, 1992 for the Columbia Falls, Montana

nonattainment area. Among other things, the State of Montana has

demonstrated that the Columbia Falls moderate PM-10 nonattainment area

will attain the PM-10 NAAQS by December 31, 1994.

EPA is also proposing to approve the Flathead County Air Pollution

Control Program as it applies to Columbia Falls, which was submitted to

EPA on November 25, 1991. The portion of the plan concerning the

Kalispell PM-10 nonattainment area will be acted upon in a separate

action.

As noted, additional submittals for the initial moderate PM-10

nonattainment areas are due at later dates. The EPA will determine the

adequacy of any such submittal as appropriate.

IV. Request for Public Comments

The EPA is requesting comments on all aspects of today's proposal.

As indicated at the outset of this document, EPA will consider any

comments received by February 28, 1994.

V. Executive Order (EO) 12866

This action has been classified as a Table 2 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 (OMB) waived Table 2 and Table 3 SIP revisions

from the requirement of section 3 of Executive Order 12291 for a period

of two years. The U.S. EPA has submitted a request for a permanent

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

continue the waiver until such time as it rules on U.S. EPA's request.

This request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

VI. 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.

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 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).

List of Subjects in 40 CFR Part 52

Environmental/Protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Particulate matter,

Reporting and recordkeeping requirements, Sulfur dioxide, and Volatile

organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: January 11, 1994.

Jack W. McGraw,

Acting Regional Administrator.

[FR Doc. 94-1736 Filed 1-26-94; 8:45 am]

BILLING CODE 6560-50-P