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

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## Record

- **Collection:** Federal Register
- **Document type:** Uncategorized Document
- **Published:** August 30, 1994

## Text

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.

------------------------------------------------------------------------
Source/source PM10 emissions Effective
category Control measure reduction date
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
\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]
BILLING CODE 6560-50-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-21312. Public record. Not legal advice.