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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT7-1-5487a; MT26-2-6874a; FRL-5438-9]

Clean Air Act Approval and Promulgation of PM10

Implementation Plan for Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA approves the state implementation plan (SIP) for the

Kalispell, Montana nonattainment area, the Flathead County Air

Pollution Program, and a Board Order setting emission limits at nine

Kalispell area stationary sources, submitted with letters dated

November 25, 1991, January 11, 1994, August 26, 1994 and July 18, 1995,

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

to satisfy certain federal Clean Air Act requirements for an approvable

moderate nonattainment area PM10 SIP for Kalispell. In addition,

EPA also approves the SIP revisions submitted by the State of Montana

on August 26, 1994, and July 18, 1995, to satisfy the Federal Clean Air

Act requirement to submit contingency measures for the Kalispell and

Columbia Falls moderate PM10 nonattainment areas. The Columbia

Falls submittal also incorporates minor revisions to the attainment and

maintenance demonstrations for the Columbia Falls moderate PM10

nonattainment area SIP into the Montana SIP. Since the SIP still

adequately demonstrates timely attainment and maintenance of the

PM10 standard, EPA approves these revisions.

EPA is also deleting an obsolete section of the Code of Federal

Regulations (CFR) which applied to further requirements for the Butte

total suspended particulates (TSP) plan.

DATES: This action is effective on May 20, 1996 unless adverse comments

are received by April 18, 1996. If the effective date is delayed,

timely notice will be published in the Federal Register.

ADDRESSES: Comments should be addressed to: Richard R. Long, Director,

Air Program, EPA Region VIII, at the address listed below. Copies of

the State's submittal and other information are available for

inspection during normal business hours at the following locations: Air

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

Suite 500, Denver, Colorado

[[Page 11154]]

80202-2466; and Montana Department of Health and Environmental

Sciences, Air Quality Bureau, 826 Front Street, Helena, Montana 59620-

0901. The information may be inspected between 8 a.m. and 4 p.m., on

weekdays, except for legal holidays. A reasonable fee may be charged

for copying.

FOR FURTHER INFORMATION CONTACT: Callie Videtich, 8P2-A, Environmental

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

Colorado 80202-2466, (303) 312-6434.

SUPPLEMENTARY INFORMATION:

I. Background

The Kalispell and Columbia Falls, Montana areas were 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 Flathead County). 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\ (EPA

took action on the Columbia Falls PM10 SIP on April 14, 1994 (see

59 FR 17700)).

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

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

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

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

at 42 U.S.C. Sections 7401, et seq.

\2\ Subpart 1 contains provisions applicable to nonattainment

areas generally and Subpart 4 contains provisions specifically

applicable to PM10 nonattainment areas. At times, Subpart 1 and

Subpart 4 overlap or conflict. EPA has attempted to clarify the

relationship among these provisions in the ``General Preamble'' and,

as appropriate, in today's notice and supporting information.

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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. In this rulemaking action on

the Montana moderate PM10 SIP, EPA is applying its interpretations

considering the specific factual issues presented.

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 were due at a later date. States with initial

moderate 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)]. States

containing initial moderate PM10 nonattainment areas were also

required to submit contingency measures by November 15, 1993 (see 57 FR

13543). These measures must become effective, without further action by

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

to achieve reasonable further progress (RFP) or to attain the PM10

National Ambient Air Quality Standards (NAAQS) by the applicable

statutory deadline. The contingency measures for Kalispell and Columbia

Falls, which are described in Section II.2.A and II.2.B of this

document, were submitted to fulfill this requirement. See Section

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

II. This Action

EPA is taking five actions with this document. 1) Approval of the

Kalispell PM10 nonattainment area control plan including the

Flathead County Air Pollution Control Program. (EPA earlier took action

on certain portions of the Program with the approval of the Columbia

Falls PM10 SIP on April 14, 1994 (see 59 FR 17700). In this

action, EPA is approving the Program as re-submitted by the Governor on

August 26, 1994 with further modifications submitted on July 18, 1995).

2) Approval of the Kalispell PM10 Contingency Measure Plan. 3)

Approval of the Columbia Falls PM10 Contingency Measure Plan. 4)

Deletion of an obsolete section of the Code of Federal Regulations

(CFR) which applied to further requirements for the Butte total

suspended particulates (TSP) plan. 5) Approval of Montana's New Source

Review rules for Kalispell since precursors are determined to not

contribute significantly. Below is a description of each of these

actions.

1. Kalispell PM10 SIP. EPA is approving the Kalispell

PM10 nonattainment area control plan and rules of the Flathead

County Air Pollution Control Plan found in the Flathead County Air

Pollution Control Program originally submitted by the Governor on

November 25, 1991, with revisions submitted on January 11, 1994, August

26, 1994 and July 18, 1995. Flathead County contains two PM10

nonattainment areas for which SIPs were due in November 1991: Columbia

Falls and Kalispell. The Flathead County Air Pollution Control Program

regulations apply to both areas and were submitted with the attainment

demonstration for Kalispell on November 25, 1991. EPA initially took

final approval action on all aspects of the Flathead County Air

Pollution Control Program, except rules 501 through 506, with the

Columbia Falls SIP on April 14, 1994 (see 59 FR 17700). The August 26,

1994, submittal contained minor modifications to the Flathead county

Air Pollution Control Program regulations that had been adopted through

Board Order on May 20, 1994. Thus, EPA is taking action on the entire

Flathead County Air Pollution Control Program submitted on August 26,

1994, in order to assure that the most recent version of the rules is

approved into the SIP. The July 18, 1995 submittal contained revised

control effectiveness calculations.

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

review of SIP submittals (see 57 FR 13565-13566). In today's action,

EPA is granting approval of those elements of the Kalispell PM10

plan that were due on November 15, 1991, and submitted by the State on

November 25, 1991, January 11, 1994, August 26, 1994, and July 18,

1995. EPA believes that the Kalispell plan meets the applicable

requirements of the Act.

[[Page 11155]]

A. Analysis of State Submission

1. Procedural Background. The Act requires States to observe certain

procedural requirements in developing implementation plans and plan

revisions for submission to EPA. Section 110(a)(2) of the Act provides

that each implementation plan submitted by a State must be adopted

after reasonable notice and public hearing.3 Section 110(l) of the

Act similarly provides that each revision to an implementation plan

submitted by a State under the Act must be adopted by such State after

reasonable notice and public hearing. The EPA also must determine

whether a submittal is complete and therefore warrants further EPA

review and action (see section 110(k)(1) and 57 FR 13565). The EPA's

completeness criteria for SIP submittals are set out at 40 CFR Part 51,

Appendix V. The EPA attempts to make completeness determinations within

60 days of receiving a submission. However, a submittal is deemed

complete by operation of law if a completeness determination is not

made by EPA six months after receipt of the submission.

\3\ Also Section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

Section 110(a)(2).

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To entertain public comment on the PM10 implementation plan

for Kalispell, the State of Montana held a public hearing on November

15, 1991. The State supplied evidence that adequate public notice for

these hearings was provided. Following the public hearings, the Board

of Health and Environmental Sciences adopted the Flathead County Air

Pollution Control Program and the Kalispell PM10 Control Plan. The

submittal for the Flathead County Air Pollution Control Program and

Kalispell PM10 SIP were signed by the Governor on November 25,

1991. The final plan was received by EPA on December 4, 1991, as a

proposed revision to the SIP.

The SIP revision and subsequent submittals from the Governor were

reviewed by EPA to determine completeness in accordance with the

completeness criteria set out at 40 CFR Part 51, Appendix V. The

November 25, 1991 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. The January 11, 1994 submittal was found complete by

default on July 11, 1994. The August 26, 1994 submittal was found

complete and a letter was forwarded to the Governor of that finding on

November 1, 1994. The July 18, 1995, submittal was found complete in a

letter forwarded to the Governor on July 18, 1995.

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).

Kalispell's base year emission inventory was developed for

September 1, 1986, through August 31, 1987. The results were segregated

into seasonal emissions (winter, spring, summer, fall.) Area sources

comprise over 90% of the PM10 emissions on an annual basis.

Annually, paved road dust accounts for 80.16% of the PM10

emissions, with unpaved road dust responsible for 7.45%. Industrial

sources and residential woodburning account for 5.54% and 4.69% of the

total emissions respectively. Re-entrained road dust is the primary

source of emissions in all four seasons.

EPA is approving the emission inventory because it is accurate and

comprehensive, and provides a sufficient basis for determining the

adequacy of the attainment demonstration for this area consistent with

the requirements of sections 172(c)(3) and 110(a)(2)(K) of the

Act.4 For further details see the Kalispell PM10 SIP TSD for

this action.

\4\ EPA issued guidance on PM-10 emissions inventories prior to

the enactment of the Clean Air Act Amendments in the form of the

1987 PM-10 SIP Development Guideline. The guidance provided in this

document appears to be consistent with the revised Act.

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3. RACM (Including RACT). As noted, the initial moderate 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 Kalispell. In the following

table, an outline is presented on these sources, their control measures

and associated emissions reduction credit, and effective dates.

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Source Control PM10 emissions reduction Effective

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Re-entrained road dust................. Flathead County Rules:

501 Sanding & chip sealing 62% (credit taken only 5/20/94

standards and 505 Street for winter & spring.

Sweeping and Flushing.

502 Construction and (no credit taken)........ 5/20/94

Demolition Activity.

503 Pavement of Roads Required (no credit taken)........ 5/20/94

504 Pavement of Parking Lots (no credit taken)........ 5/20/94

Required.

506 Clearing of land greater (no credit taken)........ 5/20/94

than 1/4 acre in size

(requires measures to control

dust when clearing areas

larger than 1/4 acre).

Prescribed burning..................... Flathead County Rules:

201 (Open Burning) Definitions (no credit taken)........ 5/20/94

202 Materials Prohibited...... (no credit taken)........ 5/20/94

203 Minor Open Burning Source (no credit taken)........ 5/20/94

Requirements.

204 Major Open Burning Source (no credit taken)........ 5/20/94

Requirements.

205 Special Open Burning (no credit taken)........ 5/20/94

Periods.

206 Fire Fighter Training..... (no credit taken)........ 5/20/94

207 Conditional Air Quality (no credit taken)........ 5/20/94

Open Burning Permits.

208 Emergency Open Burning (no credit taken)........ 5/20/94

Permits.

209 Permit Fees............... (no credit taken)........ 5/20/94

[[Page 11156]]

Residential wood combustion............ Flathead County Air Pollution (no credit taken)........ 5/20/94

Control Program, CHAPTER

VIII, Sub-chapter 3,

Voluntary Solid Fuel Burning

Device Curtailment Program

and Sub-chapter 4, Prohibited

Materials for Wood or Coal

Residential Stoves

Industry............................... Board Order, limiting (no credit taken)........ 9/17/93

allowable emissions, based

upon signed stipulations

between the following sources

and the State: A-1 Paving;

Equity Supply Company;

Flathead Road Dept. (two

stipulations issued);

Klingler Lumber Co.; McElroy

and Wilkins; Montana Mokko;

Pack and Company, Inc.; Pack

Concrete; and Plum Creek Inc.

(Evergreen)..

Motor vehicle exhaust.................. Federal tailpipe standards.... (no credit taken)........ Ongoing due

to fleet

turnover.

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\5\ Note that the effective date of most of the following regulations is past the RACM/RACT implementation date

of December 10, 1993. The majority of these regulations were effective in 1991. However, as indicated

elsewhere in this action, minor revisions were made to some of the regulations. The table lists the most

recent effective date of these regulations.

A more detailed discussion of the source/source category

contributions and their associated control measures (including

available control technology) can be found in the Kalispell PM10

SIP 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 resulted in the attainment of the PM10 NAAQS by December 31,

1994. By this action EPA is approving the Kalispell PM10 plan's

RACM (including RACT) in its entirety.

4. Attainment and Maintenance Demonstrations. 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). The 24-hour

PM10 NAAQS is 150 micrograms/cubic meter (g/m3), and

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

year with a 24-hour average concentration above 150 g/m3

is equal to or less than one (see 40 CFR 50.6). The annual PM10

NAAQS is 50 g/m3, and the standard is attained when the

expected annual arithmetic mean concentration is less than or equal to

50 g/m3 (id.)

The Kalispell attainment and maintenance demonstrations are based

upon both CMB analysis with rollback for area sources and dispersion

modeling for stationary sources. The 1991 SIP submittal contained an

attainment and maintenance demonstration based upon CMB. However, at

the time of the CMB study, stationary sources were operating far below

their allowable emission rates, and meteorological (wind) conditions

did not allow for a reliable analysis of potential stationary source

impacts. To supplement the receptor modeling-based analysis, the State

agreed to evaluate industrial sources at their allowable emission rates

using dispersion modeling.

The industrial sources are removed, for the most part, from the

downtown area and are not believed to impact the monitors used for the

CMB analyses. Significant concentrations from industrial sources are

expected to occur only in the immediate area around the industrial

sources because of low stacks and fugitive type emissions. The intent

of the dispersion modeling was to see if violations of the standard

would occur in the immediate vicinity of the industrial sources.

Therefore, the Kalispell attainment and maintenance demonstrations are

based upon both CMB analysis for area sources and dispersion modeling

for industrial sources.

CMB: The attainment and maintenance demonstrations using CMB

analysis for Kalispell indicate that the 24-hour PM10 NAAQS would

be attained by December 31, 1994, at 137.2 g/m3, and it

would be maintained in future years. The demonstration indicated that

an annual concentration of 47.9 g/m3 would be achieved by

1995, 6 showing attainment of the annual PM10 NAAQS. The

annual NAAQS was also demonstrated to be maintained in future years. In

the July 18, 1995 submittal, the Governor provided a revised 24-hour

attainment demonstration which used a revised background concentration

number and higher credits for the re-entrained road dust program based

upon the expanded Kalispell Air Pollution Control District boundaries

outlined in the August 26, 1994 submittal. Through the implementation

of the controls in the expanded area, the attainment analysis indicated

that the 24-hour value attained in the year 1995 would be 124.3

g/m3 instead of the 137.2 g/m3 calculated

in the November 25, 1991 submittal.

\6\ 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 approving 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 Kalispell nonattainment area.

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As mentioned above, a maintenance demonstration was contained in

the November 25, 1991, submittal which showed maintenance of the 24-

hour standard through 1997. The July 18, 1995, submittal did not

contain a revised maintenance demonstration. However, based upon the

revised attainment year value of 124.3 g/m3 and the

projected 2.1% annual population growth rate, EPA has calculated the

maintenance demonstration to be 132.3 g/m3 in 1998.

Monitored values reported through 1994 have shown attainment. EPA

accepts this analysis for demonstrating attainment and maintenance of

the 24-hour standard.

The July 18, 1995, submittal did not revise the attainment and

maintenance calculations for the annual PM10 standard which were

contained in the original November 25, 1991, submittal. However, EPA

expects that since the July 1995 revised 24-hour values are

significantly lower than 1991 values, the annual values would show

similar reductions and that attainment and maintenance of the annual

PM10 standard would result. Monitored annual values reported

through 1994 have shown attainment. EPA accepts this analysis for

demonstrating attainment of the annual standard.

Dispersion Modeling: As pointed out earlier, because of its concern

that the majority of the stationary sources within

[[Page 11157]]

the Kalispell area were operating far below their allowable permit

limits during the CMB study and thus their potential impact on air

quality was not being properly calculated, EPA asked the State to

perform dispersion modeling to demonstrate attainment and maintenance

of the PM10 standard. The Montana Department of Health and

Environmental Services (MDHES) conducted dispersion modeling using

stationary source allowable emission rates to determine if violations

of the PM10 NAAQS would result in future years. Based upon the

results of the dispersion modeling, several stationary source permits

were revised to reduce allowable emission rates.

Dispersion modeling, using stationary source allowable emission

rates, was used to determine maximum concentrations related to

stationary source emissions. The results were used to demonstrate

attainment of the standard by December 31, 1994. The 24-hour PM10

NAAQS allows one expected exceedance of the standard per year. Thus, in

modeling five years of data, attainment is demonstrated when the sixth

highest predicted concentration is less than 150 g/m3.

The 6th highest modeled concentration in the 1998 maintenance run was

139 g/m3. Total concentrations would be lower in 1995

owing to lower emissions from nearby background sources. This shows

attainment of the 24-hour standard of 150 g/m3. In

addition, the Kalispell dispersion modeling results indicated

attainment of the annual PM10 standard. The predicted

concentration in the maintenance year (1998) is 50.0 g/

m3. Because emissions from nearby background sources would be

lower in 1995 than in 1998, predicted 1995 concentrations would be less

than 50 g/m3.

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 over the

NAAQS in that area (see section 189(e) of the Act). An analysis of air

quality and emissions data for the Kalispell nonattainment area

indicates that exceedances of the NAAQS are attributable chiefly to

direct particulate emissions from re-entrained road dust, with a small

contribution from stationary sources and residential wood burning. The

emission inventory for Kalispell revealed that industrial processes

contributed 5.54% to the annual PM10 emissions. However, the

inventory did not differentiate between PM10 or precursor

emissions. Based upon the types of sources in the area, EPA believes

that the overall contribution of PM10 precursors is insignificant.

Therefore, EPA is making the determination that PM10 precursors do

not contribute significantly to PM10 levels that exceed the

standard in Kalispell. The consequences of this determination is to

exclude these sources from the applicability of PM10 nonattainment

area control requirements.

On July 18, 1995, EPA partially approved the State's nonattainment

new source review (NSR) permitting regulations for the Kalispell

moderate PM10 nonattainment area because the State did not submit

NSR permitting regulations for sources of PM10 precursors in

Kalispell and because EPA had not yet found that such sources did not

contribute significantly to PM10 exceedances in Kalispell (see 60

FR 36715-36722). The consequence of this determination that PM10

precursors are insignificant is to exclude major stationary sources of

PM10 precursors in Kalispell from the applicability of PM10

nonattainment area control requirements, including nonattainment NSR

permitting. Thus, based on this determination, the State's

nonattainment NSR regulations for Kalispell are considered fully

approved.

Further discussion of the analyses and supporting rationale for

EPA's finding are contained in the TSD accompanying this action. Note

that while EPA is making a general finding for this area, this finding

is based on the current character of the area including, for example,

the existing mix of sources in the area. It is possible, therefore,

that future growth could change the significance of precursors in the

area. The EPA intends to issue future guidance addressing such

potential changes in the significance of precursor emissions in an

area.

6. Quantitative Milestones and Reasonable Further Progress. The

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). The State of Montana's PM10

SIP indicates that the MDHES and the Flathead County Health Department

(FCHD) will submit to EPA a reasonable further progress/milestone

report consistent with federal guidelines by December 31, 1994.7

\7\ Technically the first milestone would fall on November 15,

1994--three years after the deadline for submittal of this SIP.

However, the de minimis timing differential between the first

milestone submittal date and the attainment date (December 31, 1994)

make it administratively impracticable to require separate

submittals. See generally 57 FR 13539. Using December 31, 1994 as

the first milestone, EPA has identified March 31, 1995 as the actual

deadline for the submittal of the milestone report (per section

189(c)(2) of the Act). The State of Montana submitted the milestone

report on April 12, 1995.

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In addition, FCHD will prepare less detailed annual progress

reports for the prior year by August 1st each year. These annual

progress reports shall provide information on the effectiveness of the

control strategies.

To monitor the progress of the road dust control rules, a report

will be completed on the type and amount of de-icing and sanding

material applied, the number of applications of de-icing and sanding

materials, the dates of application of each material, and where and

when the street sweeping and flushing occurred during the winter

season. The sanding material test results for the percent silt and

durability also will be submitted.

All exceedances of the 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. Contingency Measures. See Section II.2. below for requirements.

8. Enforceability Issues. All measures and other elements in the

SIP must be enforceable by the State and EPA (see sections 172(c)(6)

and 110(a)(2)(A) of the Act and 57 FR 13556). The EPA criteria

addressing the enforceability of SIPs and SIP revisions were stated in

a September 23, 1987, memorandum (with attachments) from J. Craig

Potter, Assistant Administrator for Air and Radiation, et al. (see 57

FR 13541). Nonattainment area plan provisions also must contain a

program to provide for enforcement of control measures and other

elements in the SIP (see section 110(a)(2)(C) of the Act).

The specific control measures contained in the SIP are addressed

above in Section 3, ``RACM (including RACT).'' The Flathead County Air

Pollution Control regulations, as included in the SIP, are legally

enforceable by FCHD. Any person who violates any provision or rule,

with the exception of the voluntary solid-fuel burning device rule, or

order under this program shall be subject to a civil penalty not to

exceed $500.00.

The Flathead County Air Pollution Control Program and the

associated

[[Page 11158]]

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

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

Montana Board of Health and Environmental Sciences (MBHES) in

accordance with section 75-2-301 of the Montana Code Annotated and

effectuated by a MBHES Order, and since the MDHES can enforce MBHES

Orders, the MDHES has independent enforcement powers. Enforcement

provisions are found in the Clean Air Act of Montana, sections 75-2-401

through 75-2-429, Montana Code Annotated.

The allowable emission limits for the stationary sources being

regulated under this plan are enforceable by the MDHES through the

issuance of a Board Order. MDHES and the Kalispell sources agreed to

emission limitations in stipulations which were enforceable upon

approval and adoption by the MBHES through the issuance of a Board

Order on September 17, 1993. The stipulations contained emission

limitations for the following nine sources: A-1 Paving; Equity Supply

Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber

Co.; McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack

Concrete; and Plum Creek Inc. (Evergreen).

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

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

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

responsibility for ensuring adequate implementation of such plan

provision. A State would have responsibility to ensure adequate

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

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

to do so.

The Flathead County Air Pollution Control Program was established

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

Code Annotated, as amended (1991). On November 15, 1991, the MBHES

issued a Board Order approving the local program and regulations. A

stipulation between the MDHES and the Flathead County Air Pollution

Control Board that delineates responsibilities and authorities between

the MDHES and the local authorities was signed November 15, 1991. The

regulations, Board Order, and stipulation were submitted to EPA as a

revision to the Montana SIP.

The State also submitted a state Attorney General's opinion

interpreting the authority of the MDHES to enforce any state and local

air quality provisions if a local air quality program fails to do so.

In practice, the MBHES issues a Board Order when it approves a local

program or amendments to a program. Since the Montana Clean Air Act

authorizes the MDHES to enforce Board Orders issued by the MBHES, the

MDHES has the authority to assume jurisdiction over, and implement, a

local program so approved. However, the Montana Clean Air Act also

requires a hearing before the MBHES before such an assumption of

jurisdiction and authority can be taken.

The Flathead County rules are in effect now, as is the Board Order

for the nine stationary sources. The State of Montana has a program

that will ensure that the measures contained in the Kalispell PM10

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

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

for the Kalispell PM10 plan contains further information on

enforceability requirements, responsibilities, and a discussion of the

personnel and funding intended to support effective implementation of

the control measures.

2. Contingency Measures. The Clean Air Act requires states

containing PM10 nonattainment areas to adopt contingency measures

that will take effect without further action by the State or EPA upon a

determination by EPA that an area failed to make reasonable further

progress or to timely attain the applicable NAAQS, as described in

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

Pursuant to section 172(b), the Administrator has established a

schedule providing that states containing initial moderate PM10

nonattainment areas shall submit SIP revisions containing contingency

measures no later than November 15, 1993. (See 57 FR 13543, n. 3.)

The General Preamble further explains that contingency measures for

PM10 should consist of other available control measures, beyond

those necessary to meet the core moderate area control requirement to

implement reasonably available control measures (see Clean Air Act

sections 172(c)(1) and 189(a)(1)(C)). Based on the statutory structure,

EPA believes that contingency measures must, at a minimum, provide for

continued progress toward the attainment goal during the interim period

between the determination that the SIP has failed to achieve RFP/

provide for timely attainment of the NAAQS and the additional formal

air quality planning following the determination (57 FR 13511).

Section 172(c)(9) of the Act specifies that contingency measures

shall ``take effect * * * without further action by the State or the

[EPA] Administrator.'' EPA has interpreted this requirement (in the

General Preamble at 57 FR 13512) to mean that no further rulemaking

activities by the State or EPA would be needed to implement the

contingency measures. In general, EPA expects all actions needed to

effect full implementation of the measures to occur within 60 days

after EPA notifies the State of its failure to attain the standard or

make RFP.

EPA recognizes that certain actions, such as notification of

sources, modification of permits, etc., may be needed before some

measures could be implemented. However, States must show that their

contingency measures can be implemented with minimal further

administrative action on their part and with no additional rulemaking

action such as public hearing or legislative review.

A. Kalispell PM10 Contingency Measures

The State failed to submit the contingency measures by the November

15, 1993, due date. On January 19, 1994, EPA made a finding that the

State failed to submit the contingency measures. Based upon that

finding, the 18 month sanctions and 24 month FIP clocks were activated.

In response to this finding, the Governor of Montana submitted

revisions to the SIP for Kalispell with letters dated August 26, 1994,

and July 18, 1995. The revisions address contingency measures for the

Kalispell moderate PM10 nonattainment area SIP.

1. Procedural Background (see Section II.1.A.1). The PM10

contingency measures for Kalispell were developed by the FCHD and the

MDHES. On October 18, 1993, after a local public hearing on October 4,

1993, the Kalispell City Council adopted the measures. On October 12,

1993, the Flathead County Commissioners held a public hearing and

adopted the contingency measures (Resolution 867A). This county

resolution also had included expanding the Columbia Falls area of

sanding and sweeping. Subsequent to further discussion, the County

Commissioners held another public hearing on April 4, 1994, at which

time they removed mention of this expanded area (Resolution 867B).

After the May 20, 1994, MBHES public hearing, the Board adopted the

local rules which constitute the contingency measures. The Governor

submitted the contingency measure rule 507 to EPA with a letter dated

August 26, 1994. However, that submittal did not contain the necessary

technical analysis and related information.

On July 10, 1995, the Montana Department of Environmental Quality

[[Page 11159]]

(MDEQ, formerly MDHES) held a properly noticed public hearing for the

purpose of adopting the local rules and technical analysis information

into the Montana SIP. The Governor subsequently submitted the

outstanding portions of the Kalispell PM10 contingency measure SIP

revision to EPA with a letter dated July 18, 1995. After reviewing the

submittal for conformance with the completeness criteria in 40 CFR 51,

Appendix V, EPA determined the submittal to be administratively and

technically complete and notified the Governor of such determination in

a letter dated July 18, 1995.

2. Contingency Measures. The PM10 contingency measure plan for

Kalispell was submitted by the Governor to EPA with letters dated

August 26, 1994, and July 18, 1995. The contingency measure requires

mandatory use of liquid de-icer instead of sand, except under special

circumstances.

a. Re-entrained Road Dust Contingency Measure. On April 4, 1994,

the Flathead County Board of County Commissioners passed Resolution No.

867B which amended the Flathead County Air Pollution Control Program.

The amendments include Rule 507 which is a contingency plan that

implements the mandatory use of liquid de-icer on all roads, with the

exception of priority routes with extraordinary circumstances, within

the Kalispell Air Pollution Control District. Rule 507 provides that

within 60 days of notification by EPA that the SIP for the Kalispell

moderate PM10 nonattainment area failed to timely attain the

PM10 NAAQS or make reasonable further progress the following will

occur:

Within the Kalispell Air Pollution Control District, only liquid

de-icer shall be placed on any road or parking lot with the exception

of priority routes with extraordinary circumstances existing. During

extraordinary circumstances, priority routes must use sanding material

which has a durability (as defined by the Montana Modified L.A.

Abrasion test) of less than or equal to seven or other testing method

which the Control Board deems suitable, and has a content of material

less than 200 mesh, as determined by standard wet sieving methods,

which is less than three percent oven dry weight.

b. Effectiveness of the Contingency Measure. If the re-entrained

road dust contingency measure is implemented, the control efficiency of

the re-entrained road dust measures will be 81% in the 24-hour

attainment demonstration. This calculation takes into account the use

of liquid de-icer, the current requirements for use of washed sand, and

the existing street sweeping measures (see the TSD for the Kalispell

PM10 SIP for further details on the existing re-entrained road

dust strategies). Total reduction from the contingency measure is

calculated to be 10632 more pounds of PM10 reduced per day than

without the contingency measure.

EPA believes this contingency measure is approvable. The control

measures implemented in the PM10 SIP are projected to achieve more

emissions reductions than needed to demonstrate attainment of the

PM10 NAAQS, as indicated by the State's predicted 24-hour

attainment concentration of 124.3 g/m3. Furthermore, the

predicted 24-hour ambient concentration resulting if the contingency

measure is implemented is 94.0 g/m3. Since the 24-hour

PM10 NAAQS is 150 g/m3, this established safety

margin further supports the reasonableness of this contingency measure.

3. Enforceability Issues. The Flathead 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 Flathead County Commission, and the Kalispell

and Columbia Falls City Councils was signed on November 15, 1991, to

delineate responsibilities and authorities between the MDHES and the

local authorities. On November 15, 1991, the MBHES issued a Board Order

effectuating the program. On May 20, 1994, the MBHES issued a Board

Order approving the Kalispell PM10 contingency measures. The

related regulation, and the May 20, 1994, Board Order were submitted to

EPA in the August 26, 1994, submittal as a revision to the Montana SIP.

The Flathead County regulation is in effect now. The State of Montana

has a program that will ensure that the contingency measures contained

in the Kalispell PM10 SIP are adequately enforced. EPA believes

that the State's and Kalispells' existing air enforcement program will

be adequate. The Kalispell Contingency Measure SIP TSD contains further

information on enforceability requirements, responsibilities, and a

discussion of the personnel and funding intended to support effective

implementation of the control measures.

B. Columbia Falls PM10 Contingency Measures, Control Strategy and

Attainment Demonstration Revisions

The State failed to submit the contingency measures by the November

15, 1993, due date. On January 19, 1994, EPA made a finding that the

State failed to submit the contingency measures. Based upon that

finding, the 18 month sanctions and 24 month FIP clocks were activated.

In response to this finding, the Governor of Montana submitted

revisions to the SIP for Columbia Falls with a letters dated August 26,

1994. The revision addressed contingency measures for the Columbia

Falls moderate PM10 nonattainment area SIP.

1. Procedural Background (see Section II.1.A.1)

The PM10 contingency measures for Columbia Falls were

developed by the FCHD and the Montana (MDHES). After a local public

hearing on October 4, 1993, the Columbia Falls' City Council adopted

the measures. On October 12, 1993, the Flathead County Commissioners

held a public hearing and adopted the contingency measures (Resolution

867A). This county resolution also had included expanding the Columbia

Falls area of sanding and sweeping. Subsequent to further discussion,

the County Commissioners held another public hearing on April 4, 1994,

at which time they removed mention of this expanded area (Resolution

867B). After the May 20, 1994, MBHES public hearing, the Board adopted

the local rules which constitute the contingency measures and minor

revisions to the attainment and maintenance demonstration for the SIP.

The Governor submitted the contingency measure rule 607 to EPA with a

letter dated August 26, 1994. After reviewing the submittal for

conformance with the completeness criteria in 40 CFR 51, Appendix V,

EPA determined the submittal to be administratively and technically

complete and notified the Governor of such determination in a letter

dated November 1, 1994.

The Governor of Montana submitted revisions to the SIP for Columbia

Falls with a letter dated August 26, 1994. The revisions address

contingency measures and incorporate minor modifications to the

attainment and maintenance demonstrations into the State SIP for the

Columbia Falls moderate PM10 nonattainment area.

2. Control Strategy (see Section II.1.A.3 for general requirements)

On April 14, 1994 (59 FR 17700), EPA approved the control measures

in the Columbia Falls moderate PM10 nonattainment area SIP as

satisfying the requirement to provide for the implementation of RACM,

including RACT. The measures targeted re-entrained road dust,

residential wood burning, prescribed burning, industry, and motor

vehicle exhaust. Please see

[[Page 11160]]

that final rule and associated Technical Support Document (TSD) for

further details on the specific control measures in the approved SIP.

3. Revisions to Attainment and Maintenance Demonstrations (see Section

II.1.A.4 for General Requirements)

CMB receptor modelling in combination with rollback was chosen as

the best tool for the attainment and maintenance demonstrations of the

24-hour standard. EPA approved Montana's attainment and maintenance

demonstrations for the Columbia Falls moderate PM 10 nonattainment

area on April 14, 1994 (59 FR 17700). The 24-hour attainment value

(i.e., the ambient PM10 air quality level expected to be achieved

by 1995 8) was 136.28 g/m \3\, and the annual attainment

value was 31.1 g/m \3\. The maintenance values (i.e., ambient

PM10 air quality levels maintained through January 1, 1998) are

equal to the attainment values.

\8\ 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 approved the State's demonstration on the basis of the de

minimis differential between the two dates.

---------------------------------------------------------------------------

As was discussed in the TSD accompanying EPA's approval action for

the Columbia Falls SIP, technical corrections to the attainment

demonstration were made subsequent to the Governor's submittal. With

the August 26, 1994, contingency measure SIP submittal, the Governor is

also incorporating the revised attainment demonstration (contained in

the technical corrections noted above) into the SIP narrative. There is

a minor additional revision to the street sweeping & sanding control

calculation. The revised control credit calculation separates the

background particulate emissions prior to applying reductions due to

the street sweeping program. The revised calculation yields a minor

increase of 32 lbs per day PM10 emissions over the original

demonstration, an amount approximately equal to 1% of the uncontrolled

daily emissions from paved road dust re-entrainment. EPA has evaluated

and approves the revised control efficiency calculations. The final

attainment demonstration being incorporated and approved by this action

predicts a 24-hour attainment value of 136.9 g/m \3\, and an

annual attainment value of 31.1 g/m \3\, both well below the

respective NAAQS. The SIP continues to adequately demonstrate timely

attainment and maintenance of the PM10 NAAQS in Columbia Falls and

satisfies the requirement to provide for the implementation of RACM

(including RACT). For further detail concerning the calculations, see

the TSD for this action.

4. Contingency Measures

The PM10 contingency measure plan for Columbia Falls was

submitted by the Governor to EPA with a letter dated August 26, 1994.

The contingency measure requires mandatory use of liquid de-icer

instead of sand, except under special circumstances.

a. Re-entrained Road Dust Contingency Measure. On April 4, 1994,

the Flathead County Board of County Commissioners passed Resolution No.

867B which amended the Flathead County Air Pollution Control Program.

The amendments include Rule 607 which is a contingency plan that

implements the mandatory use of liquid de-icer on all roads, with the

exception of priority routes with extraordinary circumstances, within

the Columbia Falls Air Pollution Control District. Rule 607 provides

that within 60 days of notification by EPA that the SIP for the

Columbia Falls moderate PM10 nonattainment area failed to timely

attain the PM10 NAAQS or make reasonable further progress the

following will occur:

Within the Columbia Falls Air Pollution Control District, only

liquid de-icer shall be placed on any road or parking lot with the

exception of priority routes with extraordinary circumstances existing.

During extraordinary events, priority routes must use sanding material

which has a durability, as defined by the Montana Modified L.A.

Abrasion test, of less than or equal to 7, or other testing method

which the Control Board deems suitable, and has a content of material

less than 200 mesh, as determined by standard wet sieving methods,

which is less than 3.0% oven dry weight.

b. Effectiveness of the Contingency Measure. If the re-entrained

road dust contingency measure is implemented, the control efficiency of

the re-entrained road dust measures will be 58% in the 24-hour

attainment demonstration (an increase of 28% over the control

efficiency of the re-entrained road dust measures in the original SIP

attainment demonstration). This calculation takes into account the use

of the liquid de-icer, the current requirements for use of washed sand,

and the existing street sweeping measures (see the TSD accompanying

EPA's approval, 59 FR 17700, of the Columbia Falls PM10 SIP,

available at the EPA address at the beginning of this document, for

further details on the existing re-entrained road dust strategies).

Total reduction from the contingency measure is calculated to be 605

more pounds of PM10 reduced per day than without the contingency

measure.

EPA believes that this contingency measure is approvable. The

control measures implemented in the PM10 SIP are projected to

achieve more emissions reductions than needed to demonstrate attainment

of the PM10 NAAQS, as indicated by the State's predicted 24-hour

attainment concentration of 135.9 g/m3 (see Section

II.A.2. above and the TSD). Furthermore, the predicted 24-hour ambient

concentration resulting if the contingency measure is implemented is

122.5 g/m3. Since the 24-hour PM10 NAAQS is 150

g/m3, this established safety margin further supports the

reasonableness of these contingency measures.

5. Enforceability Issues

The Flathead 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

Flathead County Commission, and the Kalispell and Columbia Falls City

Councils was signed on November 15, 1991 to delineate responsibilities

and authorities between the MDHES and the local authorities. On

November 15, 1991, the MBHES issued a Board Order effectuating the

program. On January 24, 1992, the MBHES approved the Columbia Falls

PM10 plan and local program. The stipulation, Board Order, and

resolution were incorporated into the SIP on April 14, 1994 (59 FR

17700).

On May 20, 1994, the MBHES issued a Board Order approving the

Columbia Falls PM10 contingency measures. The related regulation,

and the May 20, 1994, Board Order were submitted to EPA in the August

26, 1994 submittal as a revision to the Montana SIP.

The Flathead County Program is in effect now. The State of Montana

has a program that will ensure that the contingency measures contained

in the Columbia Falls PM10 SIP are adequately enforced. EPA

believes that the State's and Columbia Falls' existing air enforcement

program will be adequate. The TSD for this action contains further

information on enforceability requirements, responsibilities, and a

discussion of the personnel and funding intended to support effective

implementation of the control measures.

3. Deletion of Butte TSP Requirement. 40 CFR 52.1380 contains a

conditional approval of a total suspended particulate (TSP) plan for

Butte. The condition required that the State submit,

[[Page 11161]]

by February 15, 1981, a revised airborne particulate regulation as

specified in its October 4, 1979, submittal to EPA. Since the time that

this requirement was put in place, EPA has revised the particulate

matter standard to be based on PM10 rather than TSP. Furthermore,

Montana has submitted and EPA approved a SIP revision providing for

attainment and maintenance of the PM10 NAAQS for the Butte

moderate PM10 nonattainment area (March 11, 1994, 59 FR 11550).

Thus, since TSP is no longer the regulated form of particulate matter

and has been replaced by PM10, and since Montana has a federally

approved SIP meeting all requirements of the CAA for the Butte

PM10 nonattainment area, EPA finds 40 CFR 52.1380 obsolete and is

deleting the section.

III. Final Action

EPA is approving Montana's Kalispell SIP revision submitted on

November 25, 1991 with additional submittals, critical to the Kalispell

SIP, made on January 11, 1994, August 26, 1994, and July 18, 1995.

These submittals address PM10 requirements which were due on

November 15, 1991. Among other things, the State of Montana has

demonstrated that the Kalispell moderate PM10 nonattainment area

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

approving the Flathead County Air Pollution Control Program submitted

on November 25, 1991 and resubmitted on August 26, 1994. In addition,

EPA is approving Montana's SIP revisions for Kalispell and Columbia

Falls which address PM10 contingency measure plans, which were due

on November 15, 1993. The plan for the Kalispell PM10

nonattainment area was submitted by the Governor with a letter dated

August 26, 1994 with additional materials submitted on July 18, 1995.

The plan for the Columbia Falls PM10 nonattainment area was

submitted by the Governor with a letter dated August 26, 1994. This

submittal also included minor revisions to the attainment and

maintenance demonstrations for Columbia Falls.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be submitted. Under the procedures

established in the May 10, 1994 Federal Register (59 FR 24054), this

action will be effective May 20, 1996 unless, within 30 days of its

publication, adverse or critical comments are received.

If such comments are received, 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. 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 on May 20, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

IV. Regulatory Flexibility

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

must prepare a regulatory flexibility analysis assessing the impact of

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

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

significant economic impact on a substantial number of small entities.

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

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

Approvals of SIP submittals under section 110 and subchapter I,

part D of the Clean Air Act do not create any new requirements, but

simply approve requirements that the State is already imposing.

Therefore, because the Federal SIP-approval does not impose any new

requirements, I certify that it does not have a significant impact on

small entities. 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).

V. Petition Language

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 20, 1996. 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 must 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 section 307(b)(2)).

VI. Executive Order (EO) 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

VII. Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Section 110 and

subchapter I, part D, of the Clean Air Act. These rules may bind State,

local and tribal governments to perform certain actions and also

require the private sector to perform certain duties. The rules being

approved by this action will impose no new requirements; such sources

are already subject to these regulations under State law. Accordingly,

no additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 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.

[[Page 11162]]

Dated: September 29, 1995.

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)(40) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

(40) The Governor of Montana submitted a PM10 plan for

Kalispell, Montana in a letter dated November 25, 1991. The Governor of

Montana later submitted additional materials in letters dated January

11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and

July 18, 1995 submittals also contain the Kalispell Contingency Measure

Plan. The August 26, 1994, submittal also contains the Columbia Falls

PM10 contingency measures and minor revisions to the attainment

and maintenance demonstrations for the moderate PM10 nonattainment

area SIP for Columbia Falls. Finally, the August 26, 1994, submittal

contains revisions to the Flathead County Air Pollution Control Program

regulations.

(i) Incorporation by reference.

(A) Stipulations signed September 15, 1993 between the Montana

Department of Health and Environmental Sciences and the following

industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two

stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and

Montana Mokko.

(B) Stipulations signed September 17, 1993 between the Montana

Department of Health and Environmental Sciences and the following

industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc.

(Evergreen).

(C) Board Order issued on September 17, 1993, by the Montana Board

of Health and Environmental Sciences enforcing emissions limitations

specified by stipulations signed by both the Montana Department of

Health and Environmental Services and participating facilities. The

participating facilities included: A-1 Paving; Equity Supply Company;

Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.;

McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack

Concrete; and Plum Creek Inc. (Evergreen).

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

dated April 4, 1994, adopting the Flathead County Air Pollution Control

Program.

(E) Board Order issued May 20, 1994, by the Montana Board of Health

and Environmental Sciences approving the Flathead County Air Pollution

Control Program.

(F) Flathead County Air Pollution Control Program, including all

regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20,

1994.

(ii) Additional material.

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

addresses prescribed burning requirements.

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

due to fleet turnover.

Sec. 52.1380 [Removed and reserved]

3. Section 52.1380 is removed and reserved.

[FR Doc. 96-6004 Filed 3-18-96; 8:45 am]

BILLING CODE 6560-50-P