Approval and Promulgation of State Implementation Plans; Call for Carbon Monoxide SIP Revisions for Kalispell, Montana

ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-5934-6]

Approval and Promulgation of State Implementation Plans; Call for

Carbon Monoxide SIP Revisions for Kalispell, Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Information notice.

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SUMMARY: EPA hereby gives notice that it notified the Governor of

Montana on August 1, 1997 that the Montana State Implementation Plan

(SIP) for the Kalispell area is substantially inadequate to attain and

maintain the carbon monoxide (CO) National Ambient Air Quality

Standards (NAAQS) and must be revised.

DATES: A SIP revision for the Kalispell area is due within 18 months of

the date that EPA notified the Governor.

FOR FURTHER INFORMATION CONTACT: Sara L. Laumann, Air Program, 999 18th

Street, Suite 500, Denver, Colorado 80202-2466, (303) 312-6443.

SUPPLEMENTARY INFORMATION:

I. Background

On September 13, 1985, EPA promulgated NAAQS for CO under section

109 of the Act (50 FR 37501). The primary NAAQS for carbon monoxide is

a 9 ppm 8-hour nonoverlapping average not to be exceeded more than once

per year. On March 15, 1996, the Montana Department of Environmental

Quality (DEQ) notified EPA that CO NAAQS exceedances were recorded in

Kalispell, Montana on January 8, 1996 with an eight-hour average of

11.1 ppm and on January 18, 1996 with an eight-hour average of 11.4

ppm. The Montana DEQ

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requested EPA delay in taking action for one year in order to determine

the geographical extent and severity of the CO problem. EPA agreed to

this request.

According to the Montana DEQ, data from the Idaho and Main CO

monitoring site in conjunction with the results from the CO saturation

study suggested the CO problem was a traffic corridor problem extending

six- to eight-blocks in either direction along Idaho and Main. Montana

DEQ determined that the CO saturation study did not sufficiently look

at the effects of CO in the surrounding neighborhoods. Therefore, an

additional CO monitoring site was installed next to Laser School, a

residential site located one block north of Highway 2 and approximately

five blocks north and east of the Idaho and Main site. Data collection

at Laser School began on November 1, 1996.

II. Finding of Inadequacy

On January 10, 1980 (45 FR 2036), EPA approved Montana's plans for

the attainment and maintenance of the national standards under section

110 of the Clean Air Act. EPA now finds 1 the SIP inadequate

based on the reported exceedances of the CO NAAQS in Kalispell.

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\1\ The finding is made pursuant to sections 110(a)(2)(H) and

110(k)(5) of the Clean Air Act, 42 U.S.C. 7410(a)(2)(H) and

7410(k)(5).

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III. Call for SIP Revision

This finding of SIP inadequacy requires Montana to submit a SIP

revision no later than 18 months from the date of EPA's letter to the

Governor. To ensure that the SIP deadline is met, EPA requested the

State to submit an action plan for the development of the SIP revision

within 60 days from receipt of EPA's letter to the Governor. The State

submitted an action plan to EPA on September 9, 1997. Any control

strategies adopted and implemented as part of this SIP revision must

provide for attainment and maintenance of the CO NAAQS within 5 years

from the date of EPA's letter to the Governor. (See, e.g., section

110(n)(2) of the Act.)

IV. Final Action

This finding of inadequacy does not constitute a final agency

action that is ripe for judicial review. EPA's action is a first step

in an administrative process that will not be sufficiently concrete for

judicial resolution until additional action is taken by EPA on a plan

submittal by the State of Montana.

The 60-day time period for filing a petition for review under

section 307(b) of the CAA is tolled until EPA makes the finding ripe by

taking additional action in reliance on it, such as imposing sanctions

on the State of Montana for failure to submit a SIP revision or

promulgating approval of a SIP revision. A time limitation on petitions

for judicial review can only run against challenges ripe for review.

A technical support document (TSD) is available from the contact

person listed above. The TSD discusses in more detail the ambient

standard and its health effects, the SIP call and legal authority, and

the SIP revision schedule.

Authority: Sections 101, 107, 110, 116 and 301(a) of the Clean

Air Act, as amended [42 U.S.C. 7401, 7407, 7410, 7416 and 7610(a)].

Dated: November 17, 1997.

William P. Yellowtail,

Regional Administrator.

[FR Doc. 97-32931 Filed 12-16-97; 8:45 am]

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