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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT1-1-6311; FRL-4859-5]

Approval and Promulgation of Air Quality Implementation Plans;

Montana; State Implementation Plan for Columbia Falls PM10

Nonattainment Area

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 Columbia Falls. 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.

EFFECTIVE DATE: This final rule will become effective on May 16, 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 USEPA Air &

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

20460.

FOR FURTHER INFORMATION CONTACT: Meredith Bond, Environmental

Protection Agency, Region VIII, (303) 293-1764.

SUPPLEMENTARY INFORMATION:

I. Background

The Columbia Falls, 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 (Flathead County; Columbia Falls and vicinity). 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 Public Law 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 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 were required to submit contingency measures by

November 15, 1993 that become effective without further action by the

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

achieve RFP or to attain the PM10 NAAQS by the applicable

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

On January 27, 1994, EPA announced its proposed approval of the

Columbia Falls, Montana moderate nonattainment area PM10 SIP as

meeting those moderate PM10 SIP requirements due on November 15,

1991 (59 FR 3804-3808). 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 Columbia Falls 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 59 FR 3808), and no comments were received during the

comment period, which ended on February 28, 1994. This final action on

the Columbia Falls moderate nonattainment area PM10 SIP is

unchanged from the January 27, 1994 proposed approval action.

The discussion herein provides only a broad overview of the

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

January 27, 1994 proposed rule for a more in depth discussion of the

action now being finalized.

II. Response to Comments

EPA did not receive any public comments regarding its January 27,

1994 proposed approval of the Columbia Falls moderate nonattainment

area PM10 SIP (59 FR 3804-3808).

This Action

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

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

SIP consists of two submittals. The first contains the Flathead County

Air Pollution Control Program and Air Pollution Plan regulations.

Flathead County contains two PM10 nonattainment areas for which

SIPs were due in November 1991: Columbia Falls and Kalispell. The

Flathead County regulations apply to both areas and were submitted with

the attainment demonstration for Kalispell on November 25, 1991, after

being approved by the Montana Board of Health and Environmental

Sciences (MBHES) on November 15, 1991. The Columbia Falls SIP and

attainment demonstration were not submitted at that time since a permit

necessary to the control strategy for the SIP was not finalized. The

MBHES issued that permit and approved the SIP on January 24, 1992. This

second submittal to EPA was made by the Governor on May 6, 1992. Final

technical corrections to the SIP were received by EPA on June 15, 1993.

The submittals were intended to satisfy those moderate PM10 SIP

requirements due for Columbia Falls on November 15, 1991.

As described in EPA's proposed action on this SIP (59 FR 3804-3808,

January 27, 1994), the Columbia Falls 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,

19952, 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 Columbia Falls3 Please refer to

EPA's notice of proposed rulemaking (59 FR 3805) and the TSD for that

action for a more detailed discussion of these elements of the Columbia

Falls plan.

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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.

\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 final rule, EPA is announcing its approval of those

elements of the Columbia Falls moderate nonattainment area PM10

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

on November 25, 1991 and May 6, 1992, with technical corrections

submitted in a letter dated June 15, 1993. Specifically, EPA is

approving the Flathead County rules (with the exception of rules 501

through 506 which are specific to the city of Kalispell-EPA will take

separate action on the Kalispell PM10 nonattainment area control

plan) and the Columbia Falls PM10 nonattainment area control plan.

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

Columbia Falls 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 Columbia Falls 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 the

Plum Creek sawmill and fiberboard plant, Columbia Falls 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 Columbia

Falls: (1) Flathead County Rules No. 601-606, which provide re-

entrained road dust controls, including sanding and chip sealing

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

County Rules No. 201-209, which regulate prescribed burning; (3)

Flathead County Air Pollution Control Program, Chapter VIII, Sub-

chapter 3, which contains a voluntary solid fuel burning device

curtailment program, and Sub-chapter 4, which lists materials

prohibited from burning in wood or coal residential stoves; (4)

industry permit modifications made at Plum Creek to reduce allowable

plant-wide emissions; and (5) the Federal tailpipe standards, which

provide an ongoing benefit due to fleet turnover. The RACM (including

RACT) provisions in the SIP are described further in the technical

support document associated with EPA's January 27, 1994 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 Columbia Falls SIP, the Montana

Smoke Management Plan, which sets standards for the regulation of

prescribed burning. EPA approved this plan in a separate rulemaking

action. (59 FR 2988, January 20, 1994).

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 Columbia Falls moderate PM10

nonattainment area SIP (59 FR 3804). 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 Columbia Falls will result in the attainment of

the PM10 NAAQS by January 1, 1995 (see footnote # 2). By this

action EPA is approving the Columbia Falls PM10 plan's control

measures as satisfying the RACM, including RACT, requirement.

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

Columbia Falls SIP, as explained in the notice of proposed rulemaking

(59 FR 3804-3808) and associated TSD. To address deficiencies

identified by EPA, the State adopted commitments after public hearings

on November 15, 1991 and January 24, 1992, and submitted the

commitments to EPA with the Governor's May 6, 1992 letter, as

additional tasks to be completed to correct the deficiencies in the

Columbia Falls and statewide SIP. The State has fulfilled commitments

related to SIP requirements due November 15, 1991 for the Columbia

Falls nonattainment area. Those items related to deficiencies in the

statewide SIP will be addressed in a separate action. EPA has

determined that the Columbia Falls SIP can be fully approved without

the State fulfilling the remaining commitments. Therefore, EPA is

tracking the State's efforts to meet these commitments, but approval of

the SIP for the Columbia Falls nonattainment area is not contingent

upon the State meeting them by the specified dates. Therefore, EPA will

take separate action, as appropriate, when the remaining commitments

are fulfilled by the State. A more detailed discussion of the State's

commitments can be found in EPA's January 27, 1994 proposed approval of

the Columbia Falls moderate nonattainment area PM10 SIP (59 FR

3804-3808) and the TSD for that action.

The State has made a separate commitment to testing and further

dispersion modeling of emissions from the Columbia Falls Aluminum

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

nonattainment area and emissions from CFAC were not identified on the

Chemical Mass Balance analysis of filters collected from the monitor in

the Columbia Falls nonattainment area. Emissions from CFAC are a

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

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

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

required by the results.

Final Action

This document announces EPA's final action on the rulemaking

proposed at 59 FR 3804. 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 2 to

Table 3 under the processing procedures established at 54 FR 2214,

January 19, 1989.

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.

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 June 13, 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), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future document will inform the general public of

these tables. 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 two years. EPA

has submitted a request for a permanent waiver for Table 2 and 3 SIP

revisions. The OMB has agreed to continue the waiver until such time as

it rules on EPA's request. This request continues in effect under

Executive Order 12866 which superseded Executive Order 12291 on

September 30, 1993.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

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: March 24, 1994.

William P. Yellowtail,

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)(31) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

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

requirements for the moderate nonattainment area PM10 State

Implementation Plan (SIP) for Columbia Falls, Montana with letters

dated November 25, 1991 and May 6, 1992, with technical corrections

dated June 15, 1993. The submittals were made to satisfy those moderate

PM10 nonattainment area SIP requirements due for Columbia Falls on

November 15, 1991.

(i) Incorporation by reference.

(A) Stipulation signed November 15, 1991 between the Montana

Department of Health and Environmental Sciences, the Flathead County

Commission, and the Kalispell City Council and the Columbia Falls City

Council, which delineates responsibilities and authorities between the

MDHES and Flathead County.

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

Health and Environmental Sciences approving the Flathead County Air

Pollution Control Program.

(C) Flathead County Board of Commissioners Resolution No. 867,

adopting the Flathead County Air Pollution Control Program and Flathead

County Air Pollution Control Regulations, with the exception of rules

501 through 506, signed October 3, 1991.

(ii) Additional material.

(A) Montana Department of Health and Environmental Sciences Air

Quality Permit # 2667-M, with a final modification date of January 24,

1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.

(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. 94-8965 Filed 4-13-94; 8:45 am]

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