Approval and Promulgation of Air Quality Implementation Plans; Montana; State Implementation Plan for Libby PMINF10 Nonattainment Area

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT6-1-5485a and MT20-1-6355a; FRL-5053-7]

Approval and Promulgation of Air Quality Implementation Plans;

Montana; State Implementation Plan for Libby PM10 Nonattainment

Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: 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 nonattainment area PM10 SIP for

Libby. The effect of EPA's final action is to make the Libby PM10

SIP, including the Lincoln County Air Pollution Control Program

regulations, federally enforceable.

DATES: This final rule will be effective October 31, 1994, unless

adverse comments are received by September 29, 1994. If the effective

date is delayed, timely notice will be published in the Federal

Register.

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; and Montana Department of Health and Environmental Sciences,

Air Quality Division, 836 Front Street, Helena, Montana; and USEPA Air

& Radiation Docket Information Center, 401 M Street, SW., Washington,

DC 20460.

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

SUPPLEMENTARY INFORMATION:

I. Background

The Libby, 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) and 40 CFR 81.327

(specifying designation for Libby). The air quality planning

requirements for moderate PM10 nonattainment areas are set out in

subparts 1 and 4 of title I of the Act.2 The EPA has issued a

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

intends to review SIPs and SIP revisions submitted under title I of the

Act, including those State submittals containing moderate PM10

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

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

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

to the General Preamble for a more detailed discussion of the

interpretations of title I advanced in today's action and the

supporting rationale.

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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. 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 document and supporting information.

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Those States containing initial moderate PM10 nonattainment

areas were required to submit, among other things, the following

provisions by November 15, 1991:

1. Provisions to assure that reasonably available control measures

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

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

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

later than December 10, 1993;

2. Either a demonstration (including air quality modeling) that the

plan will provide for attainment as expeditiously as practicable but no

later than December 31, 1994, or a demonstration that attainment by

that date is impracticable;

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

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure that the control requirements applicable to

major stationary sources of PM10 also apply to major stationary

sources of PM10 precursors, except where the Administrator

determines that such sources do not contribute significantly to

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

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

Some provisions 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 were 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 PM10 NAAQS by the applicable statutory deadline. See

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

II. This Action

EPA is approving the Libby PM10 SIP, which includes the

Lincoln County Air Pollution Control Program, as revised by the State

of Montana on March 19, 1993, and submitted by the Governor of Montana

to EPA on May 24, 1993, with the exception of contingency measures.

Final technical corrections to the SIP were sent to EPA with a letter

dated June 3, 1994. This submittal replaced earlier submittals,

detailed as follows:

The Libby PM10 SIP was originally adopted by the Montana Board

of Health and Environmental Sciences (MBHES) on November 15, 1991, and

submitted to EPA by the Governor on November 25, 1991. To address

deficiencies identified by EPA, commitments were adopted by the State

after a public hearing on December 21, 1992, and submitted to EPA on

January 13, 1993, as additional tasks to be completed to correct the

deficiencies in the Libby and statewide SIP. The commitments relevant

to the moderate PM10 nonattainment area SIP requirements due

November 15, 1991, were fulfilled through SIP revisions adopted by the

MBHES on March 19, 1993, and submitted by the Governor of Montana to

EPA on May 24, 1993. In his cover letter, the Governor said that this

May 24, 1993, submittal should replace the documents submitted in

November 1991. Final technical corrections to the SIP were sent to EPA

in a letter dated June 3, 1994.

The May 24, 1993, submittal also included contingency measure

provisions. In a May 27, 1994, letter from Douglas M. Skie (EPA) to

Jeff Chaffee (Montana Air Quality Bureau, MAQB), EPA advised the State

that additional language concerning triggering of the contingency

measures would be needed in the local regulations. EPA will propose

separate action on the contingency measures once the State has

incorporated the necessary changes, and submitted the revised SIP

element to EPA.3

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\3\The State is working with the local governments to amend the

Lincoln County Air Pollution Control Plan to address EPA's concerns

with the contingency measure trigger language. The State expects to

incorporate the changes into the Montana SIP and submit a SIP

revision to EPA during the fall of 1994.

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The State has fulfilled all remaining commitments. EPA is preparing

separate actions on State submissions which satisfy commitments

relating to Montana's operating permit program, and to Montana's New

Source Review and Prevention of Serious Deterioration regulations and

PM10 emission test methods. These items do not impact the

attainment or maintenance demonstrations, credited control strategies

in the Libby PM10 SIP, or other federal Clean Air Act SIP

requirements for the Libby moderate PM10 nonattainment area due to

EPA on November 15, 1991. A more detailed discussion of these

commitments can be found in the Technical Support Document (TSD) for

this action.

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

review of SIP submittals (see 57 FR 13565-66). In today's action, EPA

is granting approval of those elements of the Libby PM10 plan that

were due on November 15, 1991, and submitted by the State on May 24,

1993, with final technical corrections dated June 3, 1994. EPA believes

that the Libby plan meets the applicable requirements 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.4 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. 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). EPA's completeness criteria for SIP submittals are

set out at 40 CFR part 51, appendix V. 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.

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\4\Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

Section 110(a)(2).

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To entertain public comment on the implementation plan for Libby,

the State of Montana, after providing adequate notice, held a public

hearing on November 15, 1991, to address the local air pollution

control program and the Libby SIP. Following the public hearing, the

local air pollution control plan and the Libby PM10 SIP were

adopted by the State. The Governor of Montana submitted the SIP to EPA

on November 25, 1991. The SIP submittal was reviewed by EPA to

determine completeness in accordance with the completeness criteria set

out at 40 CFR part 51, appendix V. The submittal was found to be

complete, and a letter dated April 29, 1992, was forwarded to the

Governor indicating the completeness of the submittal and the next

steps to be taken in the review process.

Due to EPA comments regarding PM10 SIPs for other Montana

nonattainment areas, the State included commitments with the November

25, 1991, Libby submittal to address statewide deficiencies (New Source

Review/Prevention of Significant Deterioration regulations, test

methods, and an operating permit program), along with Libby-specific

commitments regarding revising the attainment and maintenance

demonstrations to properly handle background concentrations and to

correct wood-burning program calculations, clarifying that the state

emergency episode plan applies in Libby, and adopting contingency

measures. In an October 7, 1992, letter from Doug Skie, EPA to Jeff

Chaffee, MAQB, EPA notified the State that its commitments would need

to be taken through the public hearing process, which would delay EPA's

approvability determination. The State held a public hearing on

December 21, 1992, and resubmitted the commitments as an official

Governor's submittal in a letter dated January 13, 1993.

On March 19, 1993, the State of Montana, after providing adequate

notice, held a public hearing to entertain public comment on revisions

to the Libby PM10 SIP to satisfy several of the Governor's

commitments, as discussed above. Following the public hearing, the

revisions to the local air pollution control plan and the Libby

PM10 SIP were adopted by the State. The Governor of Montana

submitted the revised SIP to EPA on May 24, 1993. This submittal was

deemed to be complete six months later on November 24, 1993. The Acting

Administrator of EPA Region VIII sent a letter to the Governor on

January 4, 1994, documenting that the submittal was deemed to be

complete, and that EPA did review the May 24, 1993, Libby PM10 SIP

submittal and found that it met the completeness criteria set out at 40

CFR part 51, appendix V. The Governor's submittal letter stated that

this new submittal should replace the November 25, 1991, SIP submittal.

Subsequently, the State has fulfilled all remaining Governor's

commitments. EPA is preparing separate actions on submittals addressing

the statewide commitments (New Source Review/Prevention of Significant

Deterioration regulations, test methods, and an operating permit

program). A detailed description of the Libby commitments is contained

in the TSD for this action.

In this final rule action, EPA is announcing its approval of the

revised Montana PM10 SIP submittal for Libby, as dated May 24,

1993 with final technical corrections dated June 3, 1994, with the

exception of the contingency measures (which EPA will address

separately).

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).

Libby's base year emissions inventory was developed for October 31,

1987, through November 30, 1988. The results were as follows. Annually,

area sources account for 70.8% of the PM10 emissions, with re-

entrained road dust the largest contributor at 62.4%. Residential wood

burning, another area source, accounts for 7.6% of the PM10

emissions in the Libby area. The Stimson Lumber Company5 sawmill

and plywood plant is the largest point source, contributing 29.2% of

the Libby area emissions. Two-thirds of its contribution is

attributable to fugitive dust.

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\5\Formerly Champion International. The facility was sold and

renamed Stimson Lumber Company in early 1994, after the State

submitted this SIP revision for the Libby, MT, PM10

nonattainment area. All existing permits relating to the facility

remain in effect.

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The emission inventory shows that the emissions are seasonal, with

re-entrained road dust the primary source in spring and summer.

Industry is the most important source category in the fall and winter.

However, fugitive dust accounts for a large portion of the industrial

emissions: 56.6% in the summer, 48.2% in the fall, and 18.2% in the

winter. Re-entrained road dust is the major area source during the

spring (83.7%), summer (53.9%), and fall (41.7%), and residential wood

combustion is the major area source in the winter (27.3%).

EPA is approving the emissions 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.6 For further details see the TSD.

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\6\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 amended Act (see section

193 of the CAA).

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3. RACM (Including RACT)

As noted, the initial moderate PM10 nonattainment areas must

submit provisions to assure that RACM (including RACT) are implemented

no later than December 10, 1993 (see sections 172(c)(1) and

189(a)(1)(C)). The General Preamble contains a detailed discussion of

EPA's interpretation of the RACM (including RACT) requirement (see 57

FR 13539-13545 and 13560-13561).

Five sources/source categories were identified as contributing to

the PM10 nonattainment problem in Libby. The following table

contains an outline of these sources/source categories, their control

measures and associated emissions reduction credit, and effective

dates.

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Source/source PM10 emissions Effective

category Control measure reduction date

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Re-entrained Lincoln County Road .................... 03/01/93

road dust. Dust Control

Regulations.

Regulation 3: 38%................. ..........

Materials to be

Used on Roads and

Parking Lots.

Regulation 4: Street 58%................. ..........

Sweeping and

Flushing.

Regulation 6: 7%.................. ..........

Limiting the

Application of

Sanding Material.

Combined controls... 460.7 tpy 38% ..........

(annual) or 48% (24-

hr).

Prescribed Lincoln County Open (No credit taken)... 03/01/93

burning. Burning Regulation:

Regulation 7.

Residential wood Lincoln County Solid 53 tpy 31% (annual) 03/01/93

combustion. Fuel Burning or 1196 #/day 66%

Regulation: (24-hour).

Regulation 2.

Industry........ Stimson Lumber .................... 07/25/91

Company permit

modification #2627-

M.

Boilers & Dryers.... 449 tpy, or 55%..... ..........

Haul Road Fugitive 220 tpy, or 70%..... ..........

Dust.

Motor vehicle Federal tailpipe 12.2% 1988-1994 time (\1\)

exhaust. standards. period or 1.0% 1995-

1997 time period.

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\1\Ongoing due to fleet turnover.

A more detailed discussion of the individual source contributions

and their associated control measures (including available control

technology) can be found in the TSD for this action. EPA has reviewed

the State's documentation and concluded that it adequately justifies

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

PM10 nonattainment plan for Libby will result in the attainment of

the PM10 NAAQS by December 31, 1994. By this action EPA is

approving the Libby PM10 plan's control strategy as satisfying the

RACM (including RACT) requirement.

4. Demonstration

As noted, the initial moderate PM10 nonattainment areas must

submit a demonstration (including air quality modeling) showing that

the plan will provide for attainment as expeditiously as practicable,

but no later than December 31, 1994, or the State must show that

attainment by December 31, 1994, is impracticable (see section

189(a)(1)(B) of the Act). Montana conducted an attainment demonstration

using receptor modeling (CMB) and rollback modeling for Libby. The 24-

hour PM10 NAAQS is 150 micrograms/cubic meter (g/m\3\),

and the standard is attained when the expected number of days per

calendar year with a 24-hour average concentration above 150

g/m\3\ is equal to or less than one (see 40 CFR 50.6). The

annual PM10 NAAQS is 50 g/m\3\, and the standard is

attained when the expected annual arithmetic mean concentration is less

than or equal to 50 g/m\3\ (lid.)

The demonstration for Libby indicates that the 24-hour PM10

NAAQS will be attained by December 31, 1994, at 139.2 g/m\3\.

The demonstration indicated that an annual concentration of 47.6

g/m\3\ will be achieved by 1995,7 showing attainment of

the annual PM10 NAAQS. 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

action.

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\7\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 Libby nonattainment area.

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5. PM10 Precursors

The control requirements that are applicable to major stationary

sources of PM10 also apply to major stationary sources of

PM10 precursors, unless EPA determines such sources do not

contribute significantly to PM10 levels which exceed the NAAQS in

that area (see section 189(e) of the Act). The General Preamble

contains guidance addressing how EPA intends to implement section

189(e) (57 FR 13539-13540 and 13541-13542). An analysis of air quality

and emissions data for the Libby nonattainment area indicates that

exceedances of the NAAQS are attributable chiefly to direct particulate

emissions from re-entrained road dust and residential wood burning

(i.e., area sources). Neither the emissions inventory nor the CMB

analysis for Libby revealed any major stationary sources of PM10

precursors. Consequently, EPA has determined that major sources of

precursors of PM10 do not contribute significantly to PM10

levels in excess of the NAAQS. The consequence of this finding is to

exclude any such sources from the applicability of PM10

nonattainment area control requirements. Further discussion of the

analyses and supporting rationale for EPA's finding are contained in

the TSD accompanying this notice. Note that while EPA is making 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. EPA intends to

issue future guidance addressing the effect of such potential changes

in the significance of precursor emissions in an area.

6. Quantitative Milestones and Reasonable Further Progress

The PM10 nonattainment area plan revisions demonstrating

attainment must contain quantitative milestones which are to be

achieved every 3 years until the area is redesignated attainment and

which demonstrate RFP, as defined in section 171(1), toward attainment

by December 31, 1994 (see section 189(c) of the Act). RFP is defined in

section 171(l) as such annual incremental reductions in emissions of

the relevant air pollutant as are required by Part D or may reasonably

be required by the Administrator for the purpose of ensuring attainment

of the applicable NAAQS by the applicable date.

While section 189(c) plainly provides that quantitative milestones

are to be achieved until an area is redesignated attainment, it is

silent in indicating the starting point for counting the first 3-year

period or how many milestones must be initially addressed. In the

General Preamble, EPA addressed the statutory gap in the starting point

for counting the 3-year milestones, indicating that it would begin from

the due date for the applicable implementation plan revision containing

the control measures for the area (i.e., November 15, 1991, for initial

moderate PM10 nonattainment areas). See 57 FR 13539.

As to the number of milestones, EPA believes that at least two

milestones must be initially addressed. Thus, submittals to address the

SIP revisions due on November 15, 1991, for the initial moderate

PM10 nonattainment areas must demonstrate that at least two

milestones will be achieved (1st milestone: November 15, 1991, through

November 15, 1994; 2nd milestone: November 15, 1994, through November

15, 1997).

For the initial PM10 nonattainment areas that demonstrate

timely attainment, the emissions reduction progress made between the

SIP submittal (due date of November 15, 1991) and the attainment date

will satisfy the first quantitative milestone. See 57 FR 13539. For

areas that demonstrate timely attainment of the PM10 NAAQS, the

milestones beyond the attainment achievement date should, at a minimum,

provide for continued maintenance of the standards.\8\

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\8\Section 189(c) provides that quantitative milestones are to

be achieved ``until the area is redesignated attainment.'' However,

this endpoint for quantitative milestones is speculative because

redesignation of an area as attainment is contingent upon several

factors and future events. Therefore, EPA believes it is reasonable

for States to initially address at least the first two milestones.

Addressing two milestones will ensure that the State continues to

maintain the NAAQS beyond the attainment date for at least some

period during which an area could be redesignated attainment.

However, in all instances, additional milestones must be addressed

if an area is not redesignated attainment.

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As indicated previously, the SIP for the Libby nonattainment area

demonstrates attainment of the PM10 NAAQS by December 31, 1994.

The SIP also demonstrates that the PM10 NAAQS will be maintained

in future years by predicting a 24-hour design concentration of 137.1

g/m3 and an annual design concentration of 46.0

g/m3 for the year 1998. Therefore, EPA is approving the

submittal as meeting the quantitative milestone requirement currently

due.

The assurance that milestones and reasonable further progress will

be achieved is based upon the State adopting and implementing the

particular control measures contained in the SIP which are addressed in

Section II.A.3, ``RACM (including RACT),'' of this document.

Finally, once a milestone has passed, the State will have to

demonstrate that the milestone was, in fact, achieved for the Libby

area as provided in section 189(c)(2) of the Act. The State of

Montana's PM10 SIP indicates that the Montana Department of Health

and Environmental Sciences (MDHES) and the Lincoln County Health

Department (LCHD) will submit to EPA a milestone report consistent with

federal guidelines by December 31, 1994.

All exceedances of the PM10 standard will be evaluated and a

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

air quality program to prevent further exceedances and a timetable for

implementation will be developed. Any other EPA requirements for RFP

reports will be incorporated as necessary.

7. 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 II.A.3, ``RACM (including RACT).'' The Lincoln County

air pollution control ordinances, as included in the SIP, are legally

enforceable by LCHD. There are penalties for noncompliance with the

mandatory solid fuel burning device regulation that are $25 for the

third and subsequent violations. There are also penalties for violation

of any provision of the open burning regulation that are: a fine not

less than $10 and not more than $200 for each offense, except for

burning hazardous wastes (as defined by 40 CFR part 261), which carries

a penalty of a fine not to exceed $10,000 for each offense.

The Lincoln County Air Pollution Control Program and the associated

local regulations are also enforceable by the MDHES, if the LCHD fails

to administer the program. Since the program has been approved by the

MBHES in accordance with section 75-2-301 of the Montana Clean Air Act

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-

401-429, Montana Code Annotated.

The emission limits for the Stimson Lumber Company facility are

enforceable by the MDHES through air quality permit #2627-M with a

final modification date of July 25, 1991. Section 75-2-401 of the

Montana Clean Air Act 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 Lincoln County Air Pollution Control Program was established in

accordance with the requirements of section 75-2-301 of the Montana

Clean Air Act, as amended (1991). A stipulation between the MDHES, the

Lincoln County Commission and the Libby City Council was signed on

March 18, 1993, to delineate responsibilities and authorities between

the MDHES and the local authorities. On March 19, 1993, the MBHES held

a public hearing and (a) approved the PM10 emission control plan

for the Libby PM10 nonattainment area, and (b) incorporated the

Lincoln County local air pollution control program and the PM10

emission control plan for the Libby area into the Montana SIP, and (c)

issued a board order effectuating the program. The ordinances,

stipulation, and board order were submitted to EPA with the Libby

PM10 SIP.

The State also submitted a State Assistant 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 made.

The Lincoln County ordinances are in effect now, as is the State's

permit modification for Stimson Lumber Company. The State of Montana

has a program that will ensure that the measures contained in the Libby

PM10 SIP are adequately enforced. EPA believes that the State's

and Libby's existing air enforcement program will be adequate. The TSD

for this action contains further information on enforceability

requirements, responsibilities, and 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 57 FR 13543-

13544. These measures were required to 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 PM10 NAAQS by the

applicable statutory deadline.

The Libby nonattainment area SIP contains contingency measures that

address re-entrained road dust (use of liquid de-icer and expansion of

sanding and sweeping area to Air Pollution Control District boundaries)

and residential wood combustion (prohibiting burning except under

specified permits for the entire period between October 1 and March 31

each year). In a May 27, 1994, letter from Doug Skie, EPA, to Jeff

Chaffee, MAQB, EPA advised the State that additional language was

needed in the triggering mechanism for the contingency measures. The

State is working with the local governments and health department to

adopt the necessary changes. EPA will take separate action on the Libby

PM10 contingency measures. See the TSD for this action for a more

detailed discussion of the contingency measure deficiencies.

III. Final Action

EPA is approving the PM10 SIP submitted to EPA on May 24,

1993, with final technical corrections dated June 3, 1994, for the

Libby, Montana nonattainment area, with the exception of the

contingency measures. Among other things, the State of Montana has

demonstrated that the Libby moderate PM10 nonattainment area will

attain the PM10 NAAQS by December 31, 1994. EPA is also approving

the Lincoln County Air Pollution Control Program, which was included in

the Libby SIP submittal.

Because EPA considers this action noncontroversial and anticipates

no adverse comments, this final approval is made without prior

proposal. However, in a separate document in this Federal Register

publication, the EPA is proposing to approve the SIP revision should

adverse or critical comments be filed. This action will be effective

October 31, 1994 unless, by September 29, 1994, adverse or critical

comments are received.

If EPA receives such comments, this action will be withdrawn before

the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective October 31, 1994.

As noted, additional submittals for the initial moderate PM10

nonattainment areas (i.e., nonattainment new source review program

requirements) are due independent of the SIP requirements addressed in

this action. EPA will determine the adequacy of any such submittal as

appropriate.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for revision to any SIP shall be considered

separately in light of specific technical, economic, and environmental

factors, and in relation to relevant statutory and regulatory

requirements.

The OMB has exempted this action from review under Executive Order

12866.

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 a 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 Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by October 31, 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

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See Act, section 307(b)(2).)

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: August 3, 1994.

Jack McGraw,

Acting Regional Administrator.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart BB--Montana

2. Section 52.1370 is amended by adding paragraph (c)(33) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

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

requirements for the moderate nonattainment area PM10 State

Implementation Plan (SIP) for Libby, Montana with letters dated

November 25, 1991 and May 24, 1993, with technical corrections dated

June 3, 1994. The submittals were to satisfy those moderate PM10

nonattainment area SIP requirements due for Libby on November 15, 1991.

(i) Incorporation by reference.

(A) Stipulation signed October 7, 1991 between the Montana

Department of Health and Environmental Sciences (MDHES), the County of

Lincoln and the City of Libby, which delineates responsibilities and

authorities between the MDHES, Lincoln County and Libby.

(B) Board order issued on November 15, 1991 by the Montana Board of

Health and Environmental Sciences approving the Lincoln County Air

Pollution Control Program.

(C) Stipulation signed March 18, 1993 between the Montana

Department of Health and Environmental Sciences, the County of Lincoln

and the City of Libby, seeking approval of amendments to the local air

pollution control program.

(D) Board order issued on March 19, 1993 by the Montana Board of

Health and Environmental Sciences approving amendments to the Lincoln

County Air Pollution Control Program.

(E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln

County Department of Environmental Health, to Gretchen Bennitt, Air

Quality Bureau, Montana Department of Health and Environmental

Sciences, which explains the local adoption process and effective date

of amendments to the Lincoln County Air Quality Control Program

regulations.

(F) Lincoln County Board of Commissioners Resolution No. 276,

signed December, 23, 1992, and Libby City Council Ordinance No. 1470,

signed February 1, 1993, adopting amendments to the Lincoln County Air

Quality Control Program regulations 1 through 7.

(ii) Additional material.

(A) Montana Department of Health and Environmental Sciences Air

Quality Permit #2627-M, with a final modification date of July 25,

1991, for Stimson Lumber Company (formerly Champion International

Corporation), Libby Facility.

(B) Montana Smoke Management Plan, effective April 28, 1988, which

addresses prescribed burning requirements.

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

due to fleet turnover.

[FR Doc. 94-21312 Filed 8-29-94; 8:45 am]

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