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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MT12-1-6135; FRL-4807-7]

Clean Air Act Approval and Promulgation of PM10

Implementation Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

national ambient air quality standards (NAAQS) for particulate matter

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

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

certain federal requirements for an approvable moderate nonattainment

area PM10 SIP for Butte. The State has committed to complete

several actions for this SIP, including issues regarding its New Source

Review and Prevention of Significant Deterioration regulations, test

methods, emergency episode plan, operating permit program, and

contingency measures. EPA will take separate action, as appropriate, on

these rules when the State fulfills its related commitments.

EPA is also correcting a previous error in describing the boundary

for the Butte nonattainment area.

EFFECTIVE DATE: This rule will become effective on April 11, 1994.

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

available for inspection during normal business hours at the following

locations: Environmental Protection Agency, Region VIII, Air Programs

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

Montana Department of Health and Environmental Sciences, Air Quality

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

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

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection

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

SUPPLEMENTARY INFORMATION:

I. Background

The Butte, Montana area was designated nonattainment for PM10

and classified as moderate under sections 107(d)(4)(B) and 188(a) of

the Clean Air Act, upon enactment of the Clean Air Act Amendments of

1990.1 See 56 FR 56694 (November 6, 1991); 40 CFR 81.327 (Silver

Bow County-Butte). The air quality planning requirements for moderate

PM10 nonattainment areas are set out in subparts 1 and 4 of part

D, title I of the Act.

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

changes to the air quality planning requirements for areas that do

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

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

Quality Standards (see Pub. L. No. 101-549, 104 Stat. 2399).

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

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

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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 this

final action and the supporting rationale.

Those States containing initial moderate PM10 nonattainment

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

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

things, the following provisions by November 15, 1991:

1. Provisions to assure that reasonably available control measures

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

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

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

later than December 10, 1993;

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

the plan will provide for attainment as expeditiously as practicable

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

by that date is impracticable;

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

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure that the control requirements applicable to

major stationary sources of PM10 also apply to major stationary

sources of PM10 precursors except where the Administrator

determines that such sources do not contribute significantly to

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

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

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

moderate PM10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

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

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

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

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

attain the PM10 NAAQS by the applicable statutory deadline. See

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

On September 28, 1993, EPA announced its proposed approval of the

Butte, Montana moderate nonattainment area PM10 SIP as meeting

those moderate PM10 SIP requirements due on November 15, 1991 (58

FR 50530-50536). In that proposed rulemaking action and related

Technical Support Document (TSD), EPA described in detail its

interpretations of title I and its rationale for proposing to approve

the Butte moderate nonattainment area PM10 SIP taking into

consideration the specific factual issues presented.

EPA requested public comments on all aspects of the proposal

(please reference 58 FR 50535), and comments from the State of Montana

were received during the comment period, which ended on October 28,

1993. For further discussion of these public comments, please see below

and the Addendum to the TSD for EPA's proposed rulemaking action on

this SIP. This final action on the Butte moderate nonattainment area

PM10 SIP is unchanged from the September 28, 1993 proposed

approval action, except one typographical error noted by EPA. In the

table describing sources, controls, emission reductions, and effective

dates, the effective date for the Montana Resources, Inc. permit

modification should have been listed as March 20, 1992 instead of March

10, 1992, as indicated.

The discussion herein provides only a broad overview of the

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

September 28, 1993 proposed rule for a more in depth discussion of the

action now being finalized.

II. Response to Comments

EPA did not receive any adverse public comments regarding its

September 28, 1993 proposed approval of the Butte moderate

nonattainment area PM10 SIP (58 FR 50530-50536). However, the

State of Montana submitted the following comments for clarification. In

a letter dated October 27, 1993 from Jeff Chaffee, Montana Department

of Health and Environmental Sciences, to Amy Platt, EPA, the State

indicated that since submitting the original moderate nonattainment

area PM10 SIP for Butte, it discovered a minor error in the

emissions inventory report and the control strategy calculations. The

State inadvertently included the municipality of Walkerville in the

nonattainment area boundary. Therefore, the emissions inventory was

slightly higher due to Walkerville emissions. When applying the

emission reduction credits derived from control strategies outlined in

the SIP, a slightly larger reduction was demonstrated since the credits

were being applied to higher emission levels than appropriate.

The Walkerville area has very minimal emissions that do not

contribute to the Butte nonattainment problem. The Walkerville

residential wood burning emissions constituted only 2.0% of the total

residential wood burning emissions reported from all grids.

Walkerville's paved road dust emissions made up only 0.4% of the total

paved road dust emissions reported from all grids. Therefore,

correcting the control strategy calculations for these sources did not

significantly change the control credits nor result in an inability to

demonstrate attainment and maintenance of the PM10 NAAQS in Butte.

With the adjustments, the 24-hour attainment value (i.e., ambient

PM10 air quality levels achieved by 19952) increased 0.1

g/m3 to 144.4 g/m3 and the annual

attainment value is unchanged at 42.1 g/m3. (Before these

adjustments, the 24-hour attainment value was 144.3 g/

m3.) The adjusted 24-hour maintenance value (i.e., ambient

PM10 air quality levels maintained through January 1, 1998)

increased 1.3 g/m3 to 145.5 g/m3 and the

annual maintenance value increased 0.1 g/m3 to 41.7

g/m3. (Before these adjustments, the 24-hour and annual

attainment values were 144.2 g/m3 and 41.6 g/

m3, respectively.)

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

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

providing for attainment of the PM10 NAAQS by January 1, 1995.

EPA is approving the State's demonstration on the basis of the de

minimis differential between the two dates.

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The State believes that since the reported emissions from

Walkerville were determined to be insignificant and the control values

and demonstrations are not significantly altered, the SIP is still

adequate. These corrected calculations are based on more accurate

emissions inventory numbers, and the adjusted values still adequately

demonstrate attainment and maintenance of the PM10 NAAQS. Since

these corrected values do not represent major changes to those

considered in EPA's proposed action, EPA is proceeding with its

approval of this SIP. There is no need to adopt additional control

measures based on these adjusted calculations.

This Action

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

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

Montana submitted the Butte PM10 SIP in a letter dated July 9,

1992. Technical corrections were submitted by the State with a letter

dated May 17, 1993. The submittals were intended to satisfy those

moderate PM10 SIP requirements due for Butte on November 15, 1991.

As described in EPA's proposed action on this SIP (58 FR 50530-50536,

September 28, 1993), the Butte moderate nonattainment area PM10

plan includes, among other things, a comprehensive and accurate

emissions inventory, control measures that satisfy the RACM

requirement, a demonstration (including air quality modelling) that

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

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

quantitative milestone and reasonable further progress, and

enforceability documentation. Further, EPA proposed to determine that

major sources of precursors of PM10 do not contribute

significantly to PM10 levels in excess of the NAAQS in

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

50530) and the TSD for that action for a more detailed discussion of

these elements of the Butte plan.

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

from the applicability of PM10 nonattainment area control

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

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

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

could change the significance of precursors in the area.

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In this notice of final rulemaking action, EPA is announcing its

approval of those elements of the Butte moderate nonattainment area

PM10 SIP that were due on November 15, 1991, and submitted by the

Governor on July 9, 1992, with technical corrections submitted in a

letter dated May 17, 1993. In addition, EPA is correcting the

nonattainment area boundary description for Butte in order to address

an error in the previous description. The nonattainment area boundary

issue is discussed in detail in the September 28, 1993 proposed

approval and associated TSD.

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

moderate nonattainment area meets the Reasonably Available Control

Measures (RACM), including Reasonably Available Control Technology

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

contributing to the PM10 nonattainment problem in Butte and,

therefore, were targeted for control in the SIP. The State has

demonstrated that by applying control measures to area sources (re-

entrained road dust, residential wood combustion, prescribed burning,

and motor vehicle exhaust), as well as reducing allowable emissions

through air quality permit modifications for Montana Resources, Inc.

and Rhone-Poulenc, Butte will be in attainment by January 1, 1995 (see

footnote #2) and it does not appear that applying further control

measures to these sources would expedite attainment.

EPA views the following measures as reasonable, enforceable, and

responsible for significant PM10 emissions reductions in Butte:

(1) Butte/Silver Bow Resolution No. 1307, which sets sanding and chip

sealing standards and street sweeping and flushing requirements; (2)

Butte/Silver Bow Ordinance No. 330, which regulates residential wood

burning and idling diesel vehicles and locomotives; (3) industry permit

modifications made at Rhone-Poulenc to reduce allowable plant-wide

emissions; and (4) the federal tailpipe standards, which provide an

ongoing benefit due to fleet turnover. Also, additional control

measures were implemented through industry permit modifications made at

Montana Resources, Inc. to (a) limit winter PM10 emissions from

haul trucks and support vehicles; (b) limit winter PM10 diesel

exhaust emissions; and (c) limit winter PM10 emissions from the

ore dump, molybdenum dryer and lime handling process. The RACM

(including RACT) provisions in the SIP and the additional control

measures implemented at Montana Resources, Inc. are described further

in the technical support document associated with EPA's September 28,

1993 notice of proposed rulemaking on this SIP.

Further, although no credit was claimed in the SIP, EPA notes that

the State has adopted, as part of the Butte SIP, the Montana Smoke

Management Plan, which sets standards for the regulation of prescribed

burning. EPA approved this plan in a separate rulemaking action.

A more detailed discussion of the individual source contributions,

their associated control measures (including available control

technology) and an explanation of why certain available control

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

EPA's proposed approval of the Butte moderate PM10 nonattainment

area SIP (58 FR 50530). 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 Butte will result in the attainment of the PM10 NAAQS by

January 1, 1995 (see footnote #2). By this notice EPA is approving the

Butte PM10 plan's control measures as satisfying the RACM,

including RACT, requirement.

As noted, EPA did not propose to approve some aspects of the Butte

SIP, as explained in the notice of proposed rulemaking (58 FR 50530-

50536) and associated TSD. To address EPA-identified deficiencies in

the Butte and statewide SIP, the State committed to complete additional

tasks to correct these deficiencies. A more detailed explanation of the

State's commitments can be found in EPA's September 28, 1993 proposed

approval of the Butte moderate nonattainment area PM10 SIP (58 FR

50530-50536) and the TSD for that action).

The State has fulfilled one commitment regarding revising the

demonstrations of attainment and maintenance to properly handle

background concentrations, and another commitment regarding

clarification that the statewide emergency episode plan applies in

Butte. These commitments were fulfilled by the State with the submittal

of the May 17, 1993 technical corrections. The remaining commitments do

not impact the attainment or maintenance demonstrations, credited

control strategies in the Butte PM10 SIP, or other federal Clean

Air Act SIP requirements for the Butte moderate PM10 nonattainment

area due to EPA on November 15, 1991. Therefore, EPA will take separate

action, as appropriate, when the remaining commitments are fulfilled by

the State.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for a

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

considered separately in light of specific technical, economic, and

environmental factors, and in relation to relevant statutory and

regulatory requirements.

Final Action

This document announces EPA's final action on the rulemaking

proposed at 58 FR 50530. As noted elsewhere in this action, EPA

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

result, the Regional Administrator has reclassified this action from

Table 1 to Table 3 under the processing procedures established at 54 FR

2214, January 19, 1989.

Regulatory Process

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

must prepare a regulatory flexibility analysis assessing the impact of

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

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

significant economic impact on a substantial number of small entities.

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

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

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

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

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

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

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

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

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

flexibility analysis would constitute federal inquiry into the economic

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

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

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

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

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

of Appeals for the appropriate circuit by May 10, 1994. Filing a

petition for reconsideration by the Administrator of this final rule

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

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

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

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

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

Executive Order (EO) 12866

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

Administrator under the procedures published in the Federal Register on

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

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

2222) from the requirements of section 3 of Executive Order 12291 for a

period of two years. EPA has submitted a request for a permanent waiver

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

until such time as it rules on EPA's request.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Particulate matter, Reporting and recordkeeping requirements,

Sulfur dioxide, and Volatile organic compounds.

40 CFR Part 81

Air pollution control, National Parks, Wilderness areas.

Note: Incorporation by reference of the State Implementation

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

Federal Register on July 1, 1982.

Dated: November 12, 1993.

Jack W. 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)(29) to read

as follows:

Sec. 52.1370 Identification of plan.

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(c) * * *

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

requirements for the moderate nonattainment area PM10 State

Implementation Plan (SIP) for Butte, Montana with a letter dated July

9, 1992, with technical corrections dated May 17, 1993. The submittals

were made to satisfy those moderate PM10 nonattainment area SIP

requirements due for Butte on November 15, 1991.

(i) Incorporation by reference.

(A) Stipulation signed October 8, 1991 between the Montana

Department of Health and Environmental Sciences and the Butte-Silver

Bow Council of Commissioners, which delineates responsibilities and

authorities between the two entities.

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

Health and Environmental Sciences approving the Butte-Silver Bow Air

Pollution Control Program.

(C) Stipulation between the Montana Department of Health and

Environmental Sciences (signed September 27, 1991), the Montana

Department of Transportation (signed October 4, 1991), and the Butte-

Silver Bow Council of Commissioners (signed October 7, 1991) to ensure

that Butte-Silver Bow and the Montana Department of Transportation

comply with Butte-Silver Bow Council Resolution No. 1307.

(D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991,

which addresses sanding and chip sealing standards and street sweeping

and flushing requirements.

(E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988,

which addresses residential wood burning and idling diesel vehicle and

locomotive requirements.

(ii) Additional material.

(A) Montana Department of Health and Environmental Sciences Air

Quality Permit #1636A, with a final modification date of October 26,

1991, for Rhone-Poulenc's elemental phosphorus plant.

(B) Montana Department of Health and Environmental Sciences Air

Quality Permit #1749-04, with a final modification date of March 20,

1992, for Montana Resources, Inc.'s open pit copper and molybdenum

mine, crushing and milling operation and concentrator.

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

addresses prescribed burning requirements.

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

due to fleet turnover.

PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. In 81.327 the PM-10 table is amended by revising the entry for

``Silver Bow County, Butte'' to read as follows:

Sec. 81.327 Montana.

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Montana--PM-10 Nonattainment Areas

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Designated Area *** *** *** ***

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Silver Bow County

Butte.........................................

The following area of Butte-Silver Bow

excluding the territorial limits of the

City of Walkerville: beginning at the

Northwest corner of Section 2, T.3N.,

R.8W.; thence Easterly to Northeast corner

Section 5, T.3N., R.7W.; thence Southerly

to Northwest corner Section 9, T.3N.,

R.7W.; thence Easterly to Northeast corner

Section 10, T.3N., R.7W.; thence Southerly

to Southeast corner Section 22, T.2N.,

R.7W.; thence Westerly to Southwest corner

Section 19, T.2N., R.7W.; thence Northerly

to Northwest corner Section 19, T.2N.,

R.7W.; thence Westerly to Southwest corner

Section 14, T.2N., R.8W.; thence Northerly

to Southwest corner Section 35, T.3N.,

R.8W.; thence Westerly to Southwest corner

Section 34, T.3N., R.8W.; thence Northerly

to Northwest corner Section 27, T.3N.,

R.8W.; thence Westerly to Southwest corner

Section 20, T.3N., R.8W.; thence Northerly

to Northwest corner Section 17, T.3N.,

R.8W.; thence Easterly to Northwest corner

Section 14, T.3N., R.8W.; thence Northerly

to the point of beginning.

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[FR Doc. 94-5614 Filed 3-10-94; 8:45 am]

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