Federal Register .1 VQl. 59, No. 167 / Tuesday, August 30, 1994 / Rules and Regulations 44627

paragraphs (h)(2)(ii) or (h)(2)(iii) of this

section.

(ii) Standard treatment. An

application in conformity with

§516.3(b)(2)-of this chapter and

paragraph (d) of this section must be

submitted to and approved by the Office

by each savings association

participating in a transaction under

paragraph (b)(2) or (c) of this section,

where any constituent savings

association does not meet the conditions

for expedited treatment under § 516.3(a)

of this chapter, except as provided in

paragraph (h)(2)(iii) of this section.

Applications under this paragraph shall

be processed in accordance with the

time frames set forth in § 516.2 of this

chapter. (iii)-Standard treatment for

transactions under section 5(d)(3) of the

Federal Deposit Insurance Act. An

application in conformity with

§ 516.3(b)(2) of this chapter and

paragraph (d) of this section must be

submitted to and approved by the Office

by each savings association which will

survive any transaction under both

§ 5(d)(3) of the Federal Deposit

Insurance Act (12 U.S.C. 1815(d)(3)) and

paragraph (c) of this section, where any constituent savings association does not

meet the conditions for expedited

treatment under § 516.3(a) of this

chapter. Applications under this

paragraph shall be processed in

accordance with the time frames set

forth in § 516.2 of this chapter, provided that the period for review may be

extended only if the Office determines

that the applicant has failed to furnish

all requested information or that the

information submitted is substantially

inaccurate, in which case the review

period may be extended for up to 30

days.

PART 571-STATEMENTS OF POLICY

14. The authority citation for part 571

continues to read as follows:

Authority: 5 U.S.C. 552, 559; 12 U.S.C.

1462a, 1463. 1464..

§571.5 [Removed and Reserved]

15. Section 571.5 is removed and

reserved.

PART 574-ACQUISITION OF

CONTROL OF SAVINGS

ASSOCIATIONS

16. The authority citation for part 574

continues to read as follows:

Authority: 12 U.S.C. 1467a, 1817, 1831i.

17. Section 574.7 is amended by revising the last sentence of paragraph

(a)(1) and the last sentence of paragraph

(b) to read as follows:

§574.7 Determination by the OTS.

(a) * * *

(1) * * * Acquisitions involving

mergers with an interim association

shall also be subject to §§ 546.2, 552.13,

and 563.22 of this chapter. * * * * *

(b) * * * Acquisitions involving

mergers (including mergers with an interim association) shall also be subject

to'§§ 546.2, 552.13, and 563.22 of this

chapter.

* * * * *

PART 575-MUTUAL SAVINGS AND

LOAN HOLDING COMPANIES

18. The authority citation for part 575

continues to read as follows:

Authority: 12 U.S.C. 1462, 1462a, 1463.

1464, 1467a. 1828.

19. Section 575.13 is amended by

revising paragraph (c)(3)(i) to read as follows:

§ 575.13 Procedural requirements.

(c) * * *

(3) * * *

(i) Sections 563.22(e)(1), (e)(2), (e)(3),

and (e)(4) of this subchapter shall apply

to all mutual holding company

reorganizations.

* * * * *

Dated: April 29,-1994.

By the Office of Thrift Supervision.

Jonathan L. Fiechter,

Acting Director.

[FR Doc. 94-21294 Filed 8-29-94; 8:45 aml

BILUNG CODE 6720-01-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MT6-1-6485a and MT20-1-6355a; FRL5053-7] #

Approval and Promulgation of Air

Quality Implementation Plans;

Montana; State Implementation Plan

for Libby PMo Nonattainment Area

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA approves the State

implementation plan (SIP) submitted by

the State of Montana to achieve

attainment of the National Ambient Air

Quality Standards (NAAQS) for

particulate matter with an aerodynamic

diameter less than or equal to a nominal

10 micrometers (PM10). The SIP was

submitted by Montana to satisfy certain

federal requirements for an approvable

nonattainment area PM10 SIP for Libby.

The effect of EPA's final action is to

make the Libby PM,o SIP, including the

Lincoln County Air Pollution Control

Program regulations, federally

enforceable.

DATES: This final rule will be effective

October 31, 1994, unless adverse

comments are received by September

29, 1994. If the effective date is delayed,-:

timely notice will be published in the

Federal Register.

ADDRESSES: Comments should be

addressed to Meredith A. Bond, 8ARTAP, 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; and

Montana Department of Health and

Environmental Sciences, Air Quality

Division, 836 Front Street, Helena,

Montana; and USEPA Air & Radiation

Docket Information Center, 401 M

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Meredith Bond at (303)293-1764.

SUPPLEMENTARY INFORMATION:

I. Background

The Libby, Montana, area was designated nonattainment for PM, 0 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

Libby). The air quality planning

requirements for moderate PM,0

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 PM10

nonattainment area SIP requirements

(see generally 57 FR 13498 (April 16,

1992) and 57 FR 18070 (April 28

'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. 7401. et seq. 2 Subpart 1 contains provisions applicable to

nonattainment areas generally and subpart 4

contains provisions specifically applicable to PMo

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 document and supporting information.

HeinOnline -- 59 Fed. Reg. 44627 1994
44628 Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 / Rules and Regulations

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 action and the supporting

rationale.

Those States containing initial

moderate PM~o 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~o also apply to

major stationary sources of PM1o

precursors, except where the

Administrator determines that such

sources do not contribute significantly

to PMo 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 PM1 o

nonattainment areas were required to

submit a permit program for the

construction and operation of new and

modified major stationary sources of

PM~o by June 30, 1992 (see section

189(a)). Such States also were 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

PM1 o NAAQS by the applicable

statutory deadline. See section 172(c)(9)

and 57 FR 13510-13512 and 57 FR

13543-13544.

II. This Action

EPA is approving the Libby PMIo SIP,

which includes the Lincoln County Air

Pollution Control Program, as revised by

the State .of Montana on March 19, 1993,

and submitted by the Governor of

Montana to EPA on May 24, 1993, with

the exception of contingency measures.

Final technical corrections to the SIP

were sent to EPA with a letter dated

June 3, 1994. This submittal replaced

earlier submittals, detailed as follows:

The Libby PMIo SIP was originally

adopted by the Montana Board of Health

and Environmental Sciences (MBHES)

on November 15, 1991, and submitted to

EPA by the Governor on November 25,

1991. To address deficiencies identified

by EPA, commitments were adopted by

the State after a public hearing on

December 21, 1992, and submitted to

EPA on January 13, 1993, as additional

tasks to be completed to correct the

deficiencies in the Libby and statewide

SIP. The commitments relevant to the

moderate PM10 nonattainment area SIP

requirements due November 15, 1991,

were fulfilled through SIP revisions

adopted by the MBHES on March 19,

1993, and submitted by the Governor of

Montana to EPA on May 24, 1993. In his

cover letter, the Governor said that this

May 24, 1993, submittal should replace

the documents submitted in November

1991. Final technical corrections to the

SIP were sent to EPA in a letter dated

June 3, 1994.

The May 24, 1993, submittal also

included contingency measure

provisions. In a May 27, 1994, letter

from Douglas M. Skie (EPA) to Jeff

Chaffee (Montana Air Quality Bureau,

MAQB), EPA advised the State that

additional language concerning

triggering of the contingency measures

would be needed in the local

regulations. EPA will propose separate

action on the contingency measures

once the State has incorporated the

necessary changes, and submitted the

revised SIP element to EPA.3

The State has fulfilled all remaining

commitments. EPA is preparing separate

actions on State submissions which

satisfy commitments relating to

Montana's operating permit program,

and to Montana's New Source Review

and Prevention of Serious Deterioration

regulations and PM1 o emission test

methods. These items do not impact the

attainment or maintenance

demonstrations, credited control

strategies in the Libby PM1o SIP, or

other federal Clean Air Act SIP

requirements for the Libby moderate

PMo nonattainment area due to EPA on

November 15, 1991. A more detailed

discussion of these commitments can be

found in the Technical Support

Document (TSD) for this action.

3 The State is working with the local governments

to amend the Lincoln County Air Pollution Control

Plan to address EPA's concerns with the

contingency measure trigger language. The State

expects to incorporate the changes into the Montana

SIP and submit a SIP revision to EPA during the

fall of 1994.

Section 110(k) of the Act sets out

provisions governing EPA's review of

SIPsubmittals (see 57 FR 13565-66). In

today's action, EPA is granting approval

of those elements of the Libby PM10

plan that were due on November 15,

1991, and submitted by the State on

May 24, 1993, with final technical

corrections dated June 3, 1994. EPA

believes that the Libby plan meets the

applicable requirements 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. 4 Section 110(1) 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. 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). EPA's

completeness criteria for SIP submittals

are set out at 40 CFR part 51, appendix

V. 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. Libby, the State

of Montana, after providing adequate

notice, held a public hearing on

November 15, 1991, to address the local

air pollution control program and the

Libby SIP. Following the public hearing,

the local air pollution control plan and

the Libby PM~o SIP were adopted by the

State. The Governor of Montana

submitted the SIP to EPA on November

25, 1991. The SIP submittal was

reviewed by EPA to determine

completeiess in accordance with the

completeness criteria set out at 40 CFR

part 51, appendix V. The 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. Due to EPA comments regarding PM1o

SIPs for other Montana nonattainment

areas, the State included commitments

4Also Section 172(c)(7) of the Act requires that

plan provisions for nonattaininent areas meet the

applicable provisions of Section 110(a)(2).

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Federal Register / Vol. 59, No. 167 / Tuesday. August 30, 1994 / Rules and Regulations 44629

with the November 25. 1991. Libby submittal to address statewide

deficiencies (New Source Review/

Prevention of Significant Deterioration

regulations. test methods, and an

operating permit program), along with

Libby-specific commitments regarding

revising the attainment and

maintenance demonstrations to properly handle background concentrations and

to correct wood-burning program

calculations, clarifying that the state

emergency episode plan applies in

Libby, and adopting contingency measures. hi an October 7, 1992, letter

from Doug Skie, EPA to Jeff Chaffee, MAQB, EPA notified the State that its

commitments would need to be taken

through the public hearing process, which would delay EPA's approvability

determination. The State held a public hearing on December 21, 1992. and

resubmitted the commitments as an

official Governor's submittal in a letter

dated January 13, 1993.

On March 19, 1993, the State of

Montana, after providing adequate notice, held a public hearing to

entertain public comment on revisions

to the Libby PM10 SIP to satisfy several

of the Governor's commitments, as

discussed above. Following the public hearing, the revisions to the local air

pollution control plan and the Libby PM10 SIP were adopted by the State. The

Governor of Montana submitted the

revised SIP to EPA on May 24, 1993.

This submittal was deemed to be

complete six months later on November

24. 1993. The Acting Administrator of

EPA Region VIII sent a letter to the

Governor on January 4, 1994,

documenting that the submittal was

deemed to be complete, and that EPA

did review the May 24. 1993, Libby

PM,o SIP submittal and found that it

met the completeness criteria set out at

40 CFR part 51, appendix V. The

Governor's submittal letter stated that

this new submittal should replace the

November 25, 1991, SIP submittal.

Subsequently, the State has fulfilled

all remaining Governor's commitments.

EPA is preparing separate actions on

submittals addressing the statewide

commitments (New Source Review/

Prevention of Significant Deterioration

regulations, test methods, and an

operating permit program). A detailed

description of the Libby commitments is

contained in the TSD for this action. . In this final rule action, EPA is

announcing its approval of the revised

Montana PM1 o SIP submittal for Libby.

as dated May 24, 1993 with final

technical corrections dated June 3, 1994,

with the exception of the contingency

measures (which EPA will address

separately).

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).

Libby's base year emissions inventory was developed for October 31, 1987,

through November 30, 1988. The results

were as follows. Annually, area sources

account for 70.8% of the PM 0 emissions, with re-entrained road dust

the largest contributor at 62.4%.

Residential wood burning, another area

source, accounts for 7.6% of the PM 0 emissions in the Libby area. The

Stimson Lumber Company5 sawmill

and plywood plant is the largest point

source, contributing 29.2% of the Libby

area emissions. Two-thirds of its

contribution is attributable to fugitive

dust.

The emission inventory shows that

the emissions are seasonal, with reentrained road dust the primary source

in spring and summer. Industry is the

most important source category in the

fall and winter. However, fugitive dust

accounts for a large portion of the

industrial emissions: 56.6% in the

summer, 48.2% in the fall, and 18.2%

in the winter. Re-entrained road dust is

the major area source during the spring

(83.7%), summer (53.9%), and fall

(41.7%), and residential wood

combustion is the major area source in

the winter (27.3%).

EPA is approvingthe emissions

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.6 For further details see the TSD.

3. RACM (Including RACT)

As noted, the initial moderate PMvo

nonattainment areas must submit

provisions to assure that RACM

(inchlding 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 PM1o nonattainment problem in Libby. The

following table contains an outline of

these sources/source categories, their

control measures and associated

emissions reduction credit, and effective

dates.

Source/source category Control measure PM1o emissions reduction Effecive

Re-entrained road dust ................

Prescribed burning .......................

Residential wood combustion.

5

Formerly Champion International. T

was sold and renamed Stimson Lumber

in early 1994, after the State submitted t

revision for the Libby. MT. PM5 nonatta

Uncoln County Road Dust Control Regula- . ........ tions.

Regulation 3: Materials to be Used on Roads 38% ....... and Parking Lots.

Regulation 4: Street Sweeping and Flushing .. 58o .......

Regulation 6: Limiting the Application of Sand- 7% ......... ing Material.

Combined controls ........................................... 460.7 tpy Lincoln County Open Buming Regulation: (No credit

Regulation 7.

Lincoln. County Solid Fuel Burning Regulation: 53 tpy 31'

Regulation 2. hour).

he facility area. All existing permits relating to the facility

Company remain in effect.

his SiP 6 EPA Issued guidance on PM-10 emissions

tnment inventories prior to the enactment of the Clean Air

38% (annual,) or 48% (24-hr) ...........

taken) ..........................................

% (annual) or 1196 #/day 66% (24-

03/01/93

03/01/93

03/01/93

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

amended Act (see section 193 of the CAA).

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44630 Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 1 Rules and 'Regulations

Source/source category Control measure PM1o emissions reduction Effective

date

Industry ........................................ Stimson Lumber Company permit modification .................................. .................................. 07/25/91

#2627-M.

Boilers &.Dryers ............................................... 449 tpy, or 55% .................... : ........................ ................. Haul Road Fugitive Dust ................ 220 tpy, or 70% .................................... Motor vehicle exhaust .................. Federal tailpipe standards ................................ 12.2% 1988-1994 time period or 1.0% 1995- (1)

1997 time period.

'Ongoing due to fleet turnover.

A more detailed discussion of the

individual source contributions and

their associated control measures

(including available control technology)

can be found in the 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 PM1u

nonattainment plan for Libby will result

in the attainment of the PM1o NAAQS

by December 31, 1994. By this action

EPA is approving the Libby PM1o plan's

control strategy as satisfying the RACM

(including RACT) requirement.

4. Demonstration

As noted, the initial moderate PM1 . 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). Montana

conducted an attainment demonstration

using receptor modeling (CMB) and

rollback modeling for Libby. The 24-

hour PM10 NAAQS is 150 micrograms/

cubic meter (gg/m 3), and the standard is

attained when the expected number of

days per calendar year with a 24-hour

average concentration above 150 gg/m 3

is equal to or less than one (see 40 CFR

50.6). The annual PM1o NAAQS is 50

gg/m 3, and the standard is attained

when the expected annual'arithmetic

mean concentration is less than or equal

to 50 pg/m3 (lid.)

The demonstration for Libby indicates

that the 24-hour PM1o NAAQS will be

attained by December 31, 1994, at 139.2

jig/m 3. The demonstration indicated

that an annual concentration of 47.6 jig/

m3 will be achieved by 1995, 7 showing

'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 Libby

nonattainment area.

attainment of the annual PM10 NAAQS.

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 action.

5. PM~o Precursors

The control requirements that are

applicable to major stationary sources of

PM1 o also apply to major stationary

sources of PM1o precursors, unless EPA

determines such sources do not

contribute significantly to PM1o levels

which exceed the NAAQS in that area

(see section 189(e) of the Act). The

General Preamble contains guidance

addressing how EPA intends to

implement section 189(e) (57 FR 13539-

13540 and 13541-13542). An analysis of

air quality and emissions data for the

Libby nonattainment area indicates that

exceedances of the NAAQS are

attributable chiefly to direct particulate

emissions from re-entrained road dust

and residential wood burning (i.e., area

sources). Neither the emissions

inventory nor the CMB analysis for

Libby revealed any major stationary

sources of PM 10 precursors.

Consequently, EPA has determined that

major sources of precursors of PM1o do

not contribute significantly to PM1o

levels in excess of the NAAQS. The

consequence of this finding is to

exclude any such sources from the

applicability of PMo nonattainment

area control requirements. Further

discussion of the analyses and

supporting rationale for EPA's finding

are contained in the TSD accompanying

this notice. Note that while EPA is

making 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.

EPA intends to issue future guidance

addressing the effect of 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). RFP is defined In section 171(1)

as such annual incremental reductions

in emissions of the relevant air pollutant

as are required by Part D or may

reasonably be required by the

Administrator for the purpose of

ensuring attainment of the applicable

NAAQS by the applicable date.

While section 189(c) plainly provides

that quantitative milestones are to be

achieved until an area is redesignated

attainment, it is silent in indicating the

starting point for counting the first 3-

year period or how many milestones

must be initially addressed. In the

General Preamble, EPA addressed the

statutory gap in the starting point for

counting the 3-year milestones,

indicating that it would begin from the

due date for'the applicable

implementation plan revision

containing the control measures for the area (i.e., November 15, 1991, for initial

moderate PM10 nonattainment areas).

See 57 FR 13539.

As to the number of milestones, EPA

believes that at least two milestones

must be initially addressed. Thus,

submittals to address the SIP revisions

due on November 15, 1991, for the

initial moderate PM1o nonattainment

areas must demonstrate that at least two

milestones will be achieved (1st

milestone: November 15, 1991, through

November 15, 1994; 2nd milestone:

November 15, 1994, through November

15, 1997).

For the initial PM1o nonattainment

areas that demonstrate timely

attainment, the emissions reduction

progress made between the SIP

submittal (due date of November 15,

1991) and the attainment date will

satisfy the first quantitative milestone.

See 57 FR 13539. For areas that

demonstrate timely attainment of the

PM1o NAAQS, the milestones beyond

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the qttainment achievement date

should, at a minimum, provide for

continued maintenance of the

standards.8

As indicated previously, the SIP for

the Libby nonattainment area

demonstrates attainment of the PM1o

NAAQS by December 31, 1994. The SIP

also demonstrates that the PM~o NAAQS

will be maintained in future years by

predicting a 24-hour design

concentration of 137.1 Vg/m 3 and an

annual design concentration of 46.0 I'g/

m3 for the year 1998. Therefore, EPA is

approving the submittal as meeting the

quantitative milestone requirement

currently due.

The assurance that milestones-and

reasonable further progress will be

achieved is based upon the State

adopting and implementing the

particular control measures contained in

the SIP which are addressed in Section

II.A.3, "RACM .(including RACT)," of

this document.

Finally, once a milestone has passed,

the State will have to demonstrate that

the milestone was, in fact, achieved for

the Libby area as provided in section

189(c)(2) of the Act. The State of

Montana's PM10 SIP Indicates that the Montana Department of Health and

Environmental Sciences (MDHES) and

the Lincoln County Health Department

(LCHD)- will submit to EPA a milestone"

report consistent with federal guidelines

by December 31, 1994.

All exceedances of the PM2 o 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.

a Section 189(c) provides that quantitative

milestones are to be achieved "until the area is

redesignated attainment." However, this endpoint

far quantitative milestones is speculative because

redesignation of an area as attainment Is contingent

upon several factors and future events. Therefore,

EPA believes it is reasonable for States to initially

address at least the first two milestones. Addressing

two milestones will ensure that the State continues

to maintain the NAAQS beyond the attainment datb

for at least some period during which an area could

be redesignated attainment. However, in all

instances additional milestones must be addressed

if an area is not redesignated attainment.

Craig Potter, Assistant Administrator for

Air and Radiation, et al. (see 57 FR

1354.1). 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 addressd

above in section I.A.3, "RACM

(including RACT)." The Lincoln County

air pollution control ordinances, as

included in the SIP, are legally

enforceable by LCHD. There are

penalties for noncompliance with the

mandatory solid fuel burning device

regulation that are $25 for the third and

subsequent violations. There are also

penalties for violation of any provision

of the open burning regulation that are:

a fine not less than $10 and not more

than $200 for each offense, except for

burning hazardous wastes (as defined by

40 CFR part 261), which carries a penalty of a fine not to exceed $10,000

for each offense.

The Lincoln County Air Pollution

Control Program and the associated

local regulations are also enforceable by

the MDHES, if the LCHD fails to

administer the program. Since the

program has ben approved by the

MBHES in accordance with section 75-"

2-301 of the Montana Clean Air Act 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 75-2-401-429,

Montana Code Annotated.

The emission limits for the Stimson

Lumber Company facility are

enforceable by the MDHES through air

quality permit #2627-M with a final

modification date of July 25, 1991.

Sectiop 75-2-401 of the Montana Clean

Air A 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 Lincoln 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

Lincoln County Commission and the

Libby City Council was signed on March

18, 1993, to delineate responsibilities

and authorities between the MDHES

and the local authorities. On March 19.

1993, the MBHES held a public hearing

and (a) approved the PM 0 emission

control plan for the Libby PM10

nonattainment area, and (b)

incorporated the Lincoln County local

air pollution control program and the

PM10 emission control plan for the

Libby area into the Montana, SIP, and (c)

issued a board order effectuating the

program. The ordinances, stipulation,

and board order were sibmitted to EPA

with the Libby PMo SIP.

The State also submitted a State

Assistant 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 assuie

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 made.

The Lincoln County ordinances are in

effect now, as is the State's permit

modification for Stimson Lumber

Company. The State of Montana has a

program that will ensure that the

measures contained in the Libby PM10

SIP are adequately enforced. EPA

believes that the State's and Libby's

existing air enforcement program will be

adequate. The TSD for this action

contains further information on

enforceability requirements,

responsibilities, and 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 57 FR

13543-13544. These measures were

required to be submitted by November

15, 1993, for the initial moderate

HeinOnline -- 59 Fed. Reg. 44631 1994
44632 Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 1 Rules and Regulations

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, 0

NAAQS by the applicable statutory

deadline.

The Libby nonattainment area SIP

contains contingency measures that

address re-entrained road dust (use of

liquid de-icer and expansion of sanding

and sweeping area to Air Pollution

Control District boundaries) and

residential wood combustion

(prohibiting burning except under

specified permits for the entire period

between October 1 and March 31 each

year). In a May 27, 1994, letter from

Doug Skie, EPA, to Jeff Chaffee, MAQB,

EPA advised the State that additional

language was needed In the triggering

mechanism for the contingency measures. The State is working with the

local governments and health

department to adopt the necessary

changes. EPA will take separate action on the Libby PMo contingency

measures. See the TSD for this action for a more detailed discussion of the

contingency measure deficiencies.

II1. Final Action

EPA is approving the PMjo SIP

submitted to EPA on May'24, 1993, with

final technical corrections dated June 3,

1994, for the Libby, Montana

nonattainment area, with the exception

of the contingency measures. Among

other things, the State of Montana has

demonstrated that the Libby moderate

PM10 nonattainment area will attain the

PMo NAAQS by December 31, 1994.

EPA is also approving the Lincoln

County Air Pollution Control Program,

which was included in the Libby SIP

submittal.

Because EPA considers this action

noncontroversial and anticipates no adverse comments, this final approval is

made without prior proposal. However,

in a separate document in this Federal

Register publication, the EPA is

proposing to appror the SIP revision

should adverse or critical comments be

filed. This action will be effective

October 31, 1994 unless, by September

29, 1994, adverse or critical comments

are received.

If EPA receives such comments, 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. The 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 October 31,

1994.

As noted, additional submittals for

the initial moderate PM1o nonattainment

areas (i.e., nonattainment new source

review program requirements) are due

independent of the SIP requirements

addressed-in this action. EPA will

determine the adequacy of any such

submittal as appropriate.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to any SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, and In relation to relevant

statutory and regulatory requirements.

The OMB has exempted this action

from review under Executive Order

12866.

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-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on a substantial number of small

entities affected. Moreover, due to the

nature of the Federal-state relationship

under the Clean Air Act, preparation of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of a state

action. The Clean Air Act forbids EPA

to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256-66 (1976); 42

U.S.C. 7410 (a)(2).

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by October 31, 1994. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be 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 Act,

section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Dated: August 3, 1994.

Jack 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)(33) to read as follows:

§ 52.1370 Identification of plan.

(c) * * *

(33) The Governor of Montana

submitted a portion of the requirements

for the moderate nonattainment area

PMo State Implementation Plan (SIP)

for Libby, Montana with-letters dated

November 25, 1991 and May 24, 1993,

with technical corrections dated June 3,

1994. The submittals were to satisfy

those moderate PMo nonattainment

area SIP requirements due for Libby on

November 15, 1991.

(i) Incorporation by reference.

(A) Stipulation signed October 7, 1991

between the Montana Department of

Health and Environmental Sciences

(MDHES), the County of Lincoln and the

City of Libby, which delineates

responsibilities and authorities between

the MDHES, Lincoln County and Libby.

(B) Board order issued on November

15, 1991 by the Montana Board of

Health and Environmental Sciences

approving the Lincoln County Air

Pollution Control Program.

(C) Stipulation signed March 18, 1993

between the Montana Department of

Health and Environmental Sciences, the

County of Lincoln and the City of Libby,

seeking approval of amendments to the

local air pollution control program.

(D) Board order issued on March 19,

1993 by the Montana Board of Health

HeinOnline -- 59 Fed. Reg. 44632 1994
Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 / Rules and Regulations 44633

and Environmental Sciences approving

amendments to the Lincoln County Air

Pollution Control Program.

(E) Letter dated February 4, 1993,

from Kendra J. Lind, Lincoln County

Department of Environmental Health, to

Gretchen Bennitt, Air Quality Bureau,

Montana Department offHealth and

Environmental Sciences, which

explains the local adoption process and

effective date of amendments to the

Lincoln County Air Quality Control

Program regulations.

(F) Lincoln County Board of

Commissioners Resolution No. 276,

signed December, 23, 1992, and Libby

City Council Ordinance No. 1470;

signed February 1, 1993, adopting

amendments to the Lincoln County Air

Quality Control Program'regulations 1

through 7.

(ii) Additional material.

(A) Montana Department of Health

and Environmental Sciences Air Quality

Permit #2627-M, with a final

modification date of July 25, 1991, for

Stimson Lumber Company (formerly

Champion International Corporation),

Libby Facility.

(B) Montana Smoke Management

Plan, effective April 28, 1988, which

addresses prescribed burning

requirements.

(C) Federal tailpipe standards, which

provide an ongoing benefit due to fleet

turnover.

[FR Doc. 94-21312 Filed 8-29-94: 8:45 am]

BILLING CODE 6560-60-P

40 CFR Part 80

[FRL-5061-5]

Public Document on Reformulated and

Conventional Gasoline

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Availability.

SUMMARY: On February 16, 1994, the

final rule establishing the requirements

for reformulated gasoline (RFG), and the

anti-dumping provisions for

conventional gasoline, was published in

the Federal Register at 59 FR 7716. In

response to this final rule, the

Environmental Protection Agency (EPA)

received numerous questions regarding

the Agency's plans for implementing

dnd assuring compliance with the RFG

and anti-dumping regulations.The

Agency has prepared a document which

responds to these questions, titled

"Reformulated Gasoline and AntiDumping Question and Answers-July

1, 1994." This notice announces the

availability of the RFG/anti-dumpi~g

regulations question and answer

document, and provides instructions for

accessing this document, and other

RFG-related documents, on the

Technology Transfer Network Bulletin -

Board System (TTNBBS). These

instructions were widely distributed on

July 1, 1994; however, we are

publishing this notice for the benefit of

interested persons noton our mailing

list. Finally; it is our intention to make

available on the TTNBBS, on a periodic

basis, responses to any additional

questions received by the Agency.

ADDRESSES: The RFG/anti-dumping

regulations question and answer

document is also available in public

docket A-92-12 at the EPA Air Docket

(6102), room M-1500, 401 M Street SW:,

Washington, DC 20460. The docket may

be inspected from 8 a.m. until 4 p.m.

Monday through Friday. As provided- in

40 CFR part 2, a reasonable fee may be

charged for copying services.

FOR FURTHER INFORMATION CONTACT:.

Persons with general questions about

the question and answer document

should contact Ms. Marilyn Bennett at

(202) 233-9006, or Ms. Whitney

Trulove-Cranor at (202) 233-9036, Field

Operations and Support Division

(6406J), Office of Mobile Sources, 401 M

Street SW., Washington, DC 20460.

Questions on enforcement of the RFG

and anti-dumping regulations should be

directed to Mr. George Lawrence at

(202) 233-9307, Air Enforcement

Division, Office of Regulatory.

Enforcement, 401 M Street SW.,

Washington, DC 20460..

SUPPLEMENTARY INFORMATION:

I. Directions to Access RFG Documents

on the TTNBBS

Copies of the preamblao the

December 15, 1993 final rule, the Final

Regulatory Impact Analysis (RIA), the

Responses to Comments on Enforcement

Provisions (RCEP), the complex model,

the simple model, the regulations for the

reformulated and conventional gasoline

rulemaking, the technical amendments

to the December 15, 1993 final rule, the

RFG/Anti-Dumping Question and

Answer Document, the renewable

oxygenate preamble to the final rule, the

renewable oxygenate regulations, and

the renewable oxygenate RIA are

available on the OAQPS Technology

Transfer Network Bulletin Board System

(TTNBBS).-

The TTNBBS can be accessed with a

dial-in phone line and a high-speed

modem (PH# 919-541-5742). The parity

of your modem should be set to none,

the data bits to 8, and the stop bits to

1. Either a 1200, 2400, 9600, or 14400

baud modem should be used. When first

signing on, the user will be required to

answer some basic informational

questions for registration purposes.

After completing the registration

process proceed through the following

series oi menus:

(T) GATEWAY TO TTN TECHNICAL

AREAS (Bulletin Boards)

(M) OMS

(K) Rulemaking and Reporting

(3) Fuels

(9) Reformulated gasoline

A list of ZIP files will be shown, all

of which are related to the reformulated

gasoline rulemaking process. The six

documents mentioned above will be in

the form of a ZIP file and can be

identified by the following titles:

"PREAMBLE.ZIP" (RIA preamble);

"RIAFINAL.ZIP" (final RIA);

"ENFORCE.ZIP" (RCEP);

"EPAFINAL.ZIP" (complex model);

"MODFINAL.ZIP" (simple model);

"REGFINA.L.ZIP" (regulations);'

"DFRM.ZIP" (direct final rulemaking

which provides technical amendments

to the final rule), "ROXY-PRE.ZIP"

(renewable oxygenates preamble);

"ROXY-REG.ZIP" (regulations); "ROXYRIA.ZIP" (RIA); and "RFGQ&A.ZIP"

(RFG/Anti-Dumping Question and

Answer Document). To download these

files, type the instructions below and

transfer according to the appropriate

software on your computer:

<D>ownload, <P>rotocol, <E>xamine,

<N>ew, <L>ist, or <H>elp Selection or

<CR> to exit: D filename.zip

You will be given a list of transfer

protocols from which you must choose

one that matches with the terminal

software on your own computer. Then

go into your own software and tell it to

receive the file using the same protocol.

Programs and instructions for dearchiving compressed files can be found

via <S>ystems Utilities from the top

menu, under <A>rchivers/de-archivers.

Dated: August 22, 1994.

Mary D. Nichols,

Assistant Administratorfor Air and

Radiation.

[FR Doc. 94-21363 Filed 8-29-94; 8:45 am]

BILLING CODE 6560-6-P

40 CFR Part 300

[FRL-6062-2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

HeinOnline -- 59 Fed. Reg. 44633 1994