[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1736]
[[Page Unknown]]
[Federal Register: January 27, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MT1-1-5697; AD-FRL-4830-5]
Clean Air Act Approval and Promulgation of PM-10 Implementation
Plan for Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this action EPA proposes approval of the state
implementation plan (SIP) for the Columbia Falls, Montana nonattainment
area 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 (PM-10). The SIP was submitted by Montana to satisfy
certain federal Clean Air Act requirements for an approvable moderate
nonattainment area PM-10 SIP for Columbia Falls. EPA is also proposing
approval of the Flathead County Air Pollution Control Program.
DATES: Comments on this proposed action must be received in writing by
February 28, 1994.
ADDRESSES: Comments should be addressed to Meredith A. Bond, 8ART-AP,
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado 80202-2405. Copies of the State's submittal and
other information are available for inspection during normal business
hours at the following locations: Air Programs Branch, Environmental
Protection Agency, Region VIII, 999 18th Street, suite 500, Denver,
Colorado 80202-2405; and Montana Department of Health and Environmental
Sciences, Air Quality Bureau, Cogswell Building, Helena, Montana 59620-
0901.
FOR FURTHER INFORMATION CONTACT: Meredith Bond at (303) 293-1764.
SUPPLEMENTARY INFORMATION:
I. Background
The Columbia Falls, Montana area was designated nonattainment for
PM-10 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 Columbia Falls and vicinity). The air
quality planning requirements for moderate PM-10 nonattainment areas
are set out in Subparts 1 and 4 of Title I of the Act.\2\ The EPA has
issued a ``General Preamble'' describing EPA's preliminary views on how
EPA intends to review SIPs and SIP revisions submitted under Title I of
the Act, including those State submittals containing moderate PM-10
nonattainment area SIP requirements (see generally 57 FR 13498 (April
16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is describing
its interpretations here only in broad terms, the reader should refer
to the General Preamble for a more detailed discussion of the
interpretations of Title I advanced in today's proposal and the
supporting rationale. In today's rulemaking action on the Montana
moderate PM-10 SIP, EPA is proposing to apply its interpretations
considering the specific factual issues presented. Thus, EPA will
consider any timely submitted comments before taking final action on
today's proposal.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Those States containing initial moderate PM-10 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 PM-10 also apply to major stationary
sources of PM-10 precursors except where the Administrator determines
that such sources do not contribute significantly to PM-10 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 PM-10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM-10 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 PM-10 NAAQS by the applicable statutory deadline.
See section 172(c)(9) and 57 FR 13510-13512, 13543-13544.
II. This Action
EPA is today proposing approval of the Columbia Falls PM-10
nonattainment area control plan. 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. In this action, EPA is
proposing to approve 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.
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 (a more detailed discussion of these commitments can be
found in the Technical Support Document (TSD) for this proposed
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.
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 proposing to grant approval of those elements of the Columbia
Falls PM-10 plan that were due on November 15, 1991, and submitted by
the State on November 25, 1991, and May 6, 1992 (excluding the
Kalispell portion of the county regulations). EPA believes that the
Columbia Falls plan meets those applicable requirements of the Act.
Since the Columbia Falls PM-10 SIP was not submitted by November
15, 1991, as required by section 189(a)(2)(A) of the Act, EPA made a
finding that the State failed to submit the SIP, pursuant to section
179 of the Act, and notified the Governor in a letter dated December
16, 1991. See 57 FR 19906 (May 8, 1992). After the Columbia Falls PM-10
SIP was submitted on May 6, 1992, EPA found the submittal complete
pursuant to section 110(k)(1) of the Act and notified the Governor
accordingly in a letter dated August 7, 1992. This completeness
determination corrected the State's deficiency and, therefore,
terminated the sanctions clock under section 179 of the Act.
A. Analysis of State Submission
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.\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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 (1992). 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.
To entertain public comment on the implementation plan for Columbia
Falls, the State of Montana held a public hearing on November 15, 1991,
for the Flathead County Air Pollution Control Program. A second hearing
was held on January 24, 1992, to address the Plum Creek Manufacturing,
Inc. permit and the Columbia Falls PM-10 SIP. The State supplied
evidence that adequate public notice for these hearings was provided.
Following the public hearings, the local air pollution control plan and
the Columbia Falls PM-10 SIP were adopted by the State. The submittal
for the Flathead County Air Pollution Control Program was signed by the
Governor on November 25, 1991. The submittal for the final Columbia
Falls PM-10 SIP was signed by the Governor on May 6, 1992. The final
plan was received by EPA on May 12, 1992 as a proposed revision to the
SIP.
The SIP revisions were reviewed by EPA to determine completeness in
accordance with the completeness criteria set out at 40 CFR part 51,
appendix V (1992). The submittal was found to be complete and a letter,
dated August 7, 1992, was forwarded to the Governor indicating the
completeness of the submittal and the next steps to be taken in the
review process. In today's action EPA proposes to approve the Montana
PM-10 SIP submittals for Columbia Falls, as dated November 25, 1991
(with the exception of the Kalispell specific rules) and May 6, 1992,
with technical revisions dated June 15, 1993, and invites public
comment on the action.
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).
Columbia Falls' base year emission inventory was developed for July
1, 1989, through June 30, 1990. The results were segregated into
seasonal winter and spring emissions. On an annual basis, industrial
facilities account for 56.5% of the PM-10 emissions, with industrial
processes and fugitive industrial road dust responsible for 78.8 and
21.2% of this percentage, respectively. Area sources account for 43% of
the total annual PM-10 emissions, with re-entrained road dust
responsible for 89% of all area source contributions. Residential wood
burning area sources accounted for 4.3% of total annual PM-10 emissions
in Columbia Falls. The emission inventory shows that the emissions are
seasonal, with re-entrained road dust the primary source in the summer
and industrial sources the largest contributor during the fall, winter,
and spring.
EPA is proposing to approve 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 TSD for this proposed
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.
---------------------------------------------------------------------------
3. RACM (Including RACT)
As noted, the initial moderate PM-10 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 PM-10 nonattainment problem in Columbia Falls. In the following
table, an outline is presented on these sources, their control measures
and associated emissions reduction credit, and effective dates.
------------------------------------------------------------------------
PM-10 Emissions
Source Control Reduction Effective
------------------------------------------------------------------------
Re-entrained road Flathead County Rules:
dust.
601 Sanding & chip (no credit taken) 10/03/91
sealing standards.
602 Construction and (no credit taken) 10/03/91
Demolition Activity.
603 Pavement of Roads (no credit taken) 10/03/91
Required.
604 Pavement of (no credit taken) 10/03/91
Parking Lots Required.
605 Street Sweeping 47% (credit taken 10/03/91
and Flushing. only for winter
& spring).
606 Clearing of land (no credit taken) 10/03/91
greater than \1/4\
acre in size
(requires measures to
control dust when
clearing areas larger
than \1/4\ acre).
Combined controls..... 130.7 tpy (during
winter & spring).
------------------------------------------------------------------------
Prescribed Flathead County Rules:
burning.
201 (Open Burning) (no credit taken) 10/03/91
Definitions.
202 Materials (no credit taken) 10/03/91
Prohibited.
203 Minor Open Burning (no credit taken) 10/03/91
Source Requirements.
204 Major Open Burning (no credit taken) 10/03/91
Source Requirements.
205 Special Open (no credit taken) 10/03/91
Burning Periods.
206 Fire Fighter (no credit taken) 10/03/91
Training.
207 Conditional Air (no credit taken) 10/03/91
Quality Open Burning
Permits.
208 Emergency Open (no credit taken) 10/03/91
Burning Permits.
209 Permit Fees....... (no credit taken) 10/03/91
Residential wood Flathead County Air (no credit taken) 10/03/91
combustion. Pollution 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......... Plum Creek permit (no credit taken) 1/24/92
modification #2667-M.
Motor vehicle Federal tailpipe (no credit taken) Ongoing
exhaust. standards. due to
fleet
turnover
------------------------------------------------------------------------
A more detailed discussion of the source/source category
contributions and their associated control measures (including
available control technology) can be found in the TSD for this proposed
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 PM-10 nonattainment plan will result in the
attainment of the PM-10 NAAQS by December 31, 1994. By this action EPA
is proposing to approve the Columbia Falls PM-10 plan's RACM (including
RACT) in its entirety.
4. Demonstration
As noted, the initial moderate PM-10 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 attainment demonstration for Columbia
Falls was conducted using receptor modeling (CMB) and rollback
modeling. The 24-hour PM-10 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 PM-10 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 demonstration for Columbia Falls indicates that the 24-hour PM-
10 NAAQS will be attained by December 31, 1994 at 136.3 g/
m3, and it will be maintained in future years. The demonstration
indicated that an annual concentration of 31.1 g/m3 will
be achieved by 1995,5 showing attainment of the annual PM-10
NAAQS. Ambient monitoring has not measured an exceedance of the PM-10
NAAQS in Columbia Falls since 1987. The control strategies used to
achieve these design concentrations are summarized in the section
titled ``RACM (including RACT).'' For a more detailed description of
the attainment demonstration and the control strategies used, see the
TSD for this proposed action.
---------------------------------------------------------------------------
\5\The Clean Air Act calls for attainment by December 31, 1994.
Section 188(c)(1). EPA interprets the State's demonstration as
providing for attainment by January 1, 1995. EPA is proposing to
approve the State's demonstration on the basis of the de minimis
differential between the two dates. The State should promptly inform
EPA if EPA has in any manner misinterpreted the date by which the
State has demonstrated attainment in the Columbia Falls
nonattainment area.
---------------------------------------------------------------------------
5. PM-10 Precursors
The control requirements that are applicable to major stationary
sources of PM-10 also apply to major stationary sources of PM-10
precursors, unless EPA determines such sources do not contribute
significantly to PM-10 levels over the NAAQS in that area (see section
189(e) of the Act). An analysis of air quality and emissions data for
the Columbia Falls nonattainment area indicates that exceedances of the
NAAQS are attributable chiefly to direct particulate emissions from re-
entrained road dust, stationary sources and residential wood burning.
Neither the emission inventory nor the CMB analysis for Columbia Falls
revealed any major stationary sources of PM-10 precursors.
Consequently, EPA is proposing to find that major sources of precursors
of PM-10 do not contribute significantly to PM-10 levels in excess of
the NAAQS. The consequences of this proposed finding are to exclude
these sources from the applicability of PM-10 nonattainment area
control requirements. Further discussion of the analyses and supporting
rationale for EPA's proposed finding are contained in the TSD
accompanying this proposed action. Note that while EPA is proposing to
make a general finding for this area, today's finding is based on the
current character of the area including, for example, the existing mix
of sources in the area. It is possible, therefore, that future growth
could change the significance of precursors in the area. 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 PM-10 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 PM-10 SIP indicates that the Montana Department of Health and
Environmental Sciences (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,
1994.6
---------------------------------------------------------------------------
\6\Thus, this report will be submitted coincident with the
December 31, 1994 attainment date. The de minimis timing
differential between the first milestone submittal date (i.e.
November 15, 1994) and the attainment date make it administratively
impracticable to require separate submittals. See generally 57 FR
13539.
---------------------------------------------------------------------------
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 for re-entrained road dust. The MDHES will add a
progress report for the Plum Creek facility.
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 PM-10 standard will be evaluated and a
determination made as to the source of the exceedance. Changes in the
air quality program to prevent further exceedances and a timetable for
implementation will be developed. Any other EPA requirements for RFP
reports will be incorporated as necessary.
7. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State and EPA (see sections 172(c)(6) and 110(a)(2)(A) of the Act
and 57 FR 13556). The EPA criteria addressing the enforceability of
SIPs and SIP revisions were stated in a September 23, 1987 memorandum
(with attachments) from J. Craig Potter, Assistant Administrator for
Air and Radiation, et al. (see 57 FR 13541). Nonattainment area plan
provisions also must contain a program to provide for enforcement of
control measures and other elements in the SIP (see section
110(a)(2)(C) of the Act).
The specific control measures contained in the SIP are addressed
above in section 3, ``RACM (including RACT).'' The Columbia Falls 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 Pollution Control Program and the associated
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 emission limits for Plum Creek are enforceable by the MDHES
through air quality permit #2667-M with a final modification date of
January 24, 1992. Section 75-2-401 of the Montana Code Annotated allows
the MDHES to seek civil penalties for a violation of a permit
limitation. Administrative Rules of Montana (ARM) 16.8.1112 allows the
MDHES to revoke a permit for a violation of a permit limitation. These
regulations are contained in the ARM 16.8.101 through 16.8.1602 and
violations of these rules are punishable by civil penalties in an
amount up to $10,000 per day and criminal penalties in an amount up to
$1,000 per day.
If a State relies on a local government for the implementation of
any plan provision, then, according to section 110(a)(2)(E)(iii) of the
Act, the State must provide necessary assurances that the State has
responsibility for ensuring adequate implementation of such plan
provision. A State would have responsibility to ensure adequate
implementation when, for example, the State has the authority and
resources to implement the provision, and the local entity has failed
to do so.
The 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 are the State's
permit modification for Plum Creek. The State of Montana has a program
that will ensure that the measures contained in the Columbia Falls PM-
10 SIP are adequately enforced. EPA believes that the State's and
Columbia Falls' existing air enforcement program will be adequate. The
TSD for this proposed 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.
8. Contingency Measures
As provided in section 172(c)(9) of the Act, all moderate
nonattainment area SIPs that demonstrate attainment must include
contingency measures. See generally 57 FR 13510-13512 and 13543-13544.
These measures must be submitted by November 15, 1993 for the initial
moderate nonattainment areas. Contingency measures should consist of
other available measures that are not part of the area's control
strategy. These measures must take effect without further action by the
State or EPA, upon EPA's determination that the area has failed to make
RFP or attain the PM-10 NAAQS by the applicable statutory deadline. The
Columbia Falls nonattainment area SIP contains an outline of steps to
be taken if attainment of the PM-10 standard is not achieved; however,
these steps do not adequately satisfy the contingency measures
requirement. Since the SIP does not provide for these measures to take
effect without further action should EPA determine that Columbia Falls
has failed to achieve RFP or to attain the PM-10 standard by December
31, 1994, EPA is taking no action at this time on the Columbia Falls
contingency measures. The State has until November 15, 1993 to submit
its contingency measures.
III. Implications of This Action
EPA is proposing to approve the PM-10 SIP submitted to EPA on
November 25, 1991 (with the exception of the Kalispell specific rules,
501-506) and on May 6, 1992 for the Columbia Falls, Montana
nonattainment area. Among other things, the State of Montana has
demonstrated that the Columbia Falls moderate PM-10 nonattainment area
will attain the PM-10 NAAQS by December 31, 1994.
EPA is also proposing to approve the Flathead County Air Pollution
Control Program as it applies to Columbia Falls, which was submitted to
EPA on November 25, 1991. The portion of the plan concerning the
Kalispell PM-10 nonattainment area will be acted upon in a separate
action.
As noted, additional submittals for the initial moderate PM-10
nonattainment areas are due at later dates. The EPA will determine the
adequacy of any such submittal as appropriate.
IV. Request for Public Comments
The EPA is requesting comments on all aspects of today's proposal.
As indicated at the outset of this document, EPA will consider any
comments received by February 28, 1994.
V. Executive Order (EO) 12866
This action has been classified as a Table 2 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 Table 3 SIP revisions
from the requirement of section 3 of Executive Order 12291 for a period
of two years. The U.S. EPA has submitted a request for a permanent
waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to
continue the waiver until such time as it rules on U.S. EPA's request.
This request continues in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
VI. 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.
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 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).
List of Subjects in 40 CFR Part 52
Environmental/Protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping requirements, Sulfur dioxide, and Volatile
organic compounds.
Authority: 42 U.S.C. 7401-7671q.
Dated: January 11, 1994.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 94-1736 Filed 1-26-94; 8:45 am]
BILLING CODE 6560-50-P
