[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Notices]
[Pages 66076-66077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32931]
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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
[[Page 66077]]
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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