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

paragraphs (h)(2)(ii) or (h)(2)(iii) ofthis section.

(ii) Standardtreatment. An application inconformity with §516.3(b)(2)-of thischapter and paragraph (d)ofthis section must be submitted to and approved by theOffice by each savings association participating in a transaction under paragraph (b)(2) or (c) ofthis section, where any constituent savings association does not meet the conditions forexpedited treatment under §516.3(a) ofthis chapter, except asprovided in paragraph (h)(2)(iii) ofthis section. Applications under thisparagraph shall be processed in accordance withthe time frames set forth in §516.2 ofthis chapter.

(iii)-Standard treatment for transactions undersection5(d)(3)ofthe Federal DepositInsurance Act. An application in conformity with §516.3(b)(2) ofthis chapter and paragraph (d)ofthis section must be submitted to and approved bythe Office by each savings association which will survive any transaction under both §5(d)(3) ofthe Federal Deposit Insurance Act (12 U.S.C. 1815(d)(3)) and paragraph (c)ofthis section, where any constituent savings association does not meet the conditions for expedited treatment under §516.3(a) ofthis chapter. Applications under this paragraph shall be processed in accordance with the time frames set forth in §516.2 ofthischapter, provided that the period for review maybe extended only ifthe Office determines that the applicant has failed to furnish all requested information orthat the information submitted is substantially inaccurate, in which case the review period may be extended forup to 30 days.

PART 571-STATEMENTS OF POLICY

14. The authority citation forpart 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 ofparagraph (a)(1) and the last sentence ofparagraph (b) to read as follows: §574.7 Determination bythe OTS. (a) * * * (1) * * * Acquisitions involving

mergers with an interim association shall also be subject to §§ 546.2, 552.13, and 563.22 ofthis chapter.

* * * * *

(b) * * * Acquisitions involving
mergers (including mergers with an interim association) shall also be subject to'§§546.2, 552.13, and 563.22 ofthis 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 Proceduralrequirements.

(c) * * * (3) * * * (i) Sections 563.22(e)(1), (e)(2), (e)(3), and (e)(4) ofthis subchapter shall apply
to all mutual holding company reorganizations.

* * * * *

Dated: April 29,-1994. By the Office ofThrift Supervision.
JonathanL. Fiechter, ActingDirector. [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 LibbyPMo Nonattainment Area

AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: EPA approves the State implementation plan (SIP) submitted by the State ofMontana to achieve attainment ofthe 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 PM1 0 SIP for Libby. The effect ofEPA's final action isto make the Libby PM,o SIP, including the Lincoln County AirPollution Control Program regulations, federally enforceable. DATES: This final rule will be effective October 31, 1994, unless adverse
comments are received by September 29, 1994. Ifthe 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 ofHealth 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 ofthe Clean'Air Act Amendments of 1990.1 See 56FR •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 oftitle Iofthe 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 Iof the Act, including those State submittals containing moderate PM1 0 nonattainment area SIP requirements (seegenerally 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 ("theAct"). The Clean Air Act is codified, as amended, in theU.S. Code at 42 U.S.C. 7401. etseq.

2Subpart 1contains provisions applicable to nonattainment areasgenerally and subpart 4 contains provisions specifically applicable to PMo nonattainment areas. At times,subpart.1 and subpart 4 overlap or conflict. EPA hasattempted to clarify the relationship among these provisions in the "General Preamble" and, as appropriate, in today's document and supporting information.

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### 44628 Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 / Rules and Regulations

1992)). Because EPAis describing its interpretations here only in broad terms, the reader should refer to the General Preamble for a more detailed discussion of the interpretations oftitle 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 asmay be obtained through the adoption, at a minimum, ofreasonably available control technology (RACT)) shallbe 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 ofPM~o also apply to major stationary sources ofPM 1o 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 ofthe Act.

Some provisions are due at a later date. States with initial moderate PM 1 o nonattainment areas were required to submit a permit program for the construction and operation ofnew 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 orEPA, upon

a determination by EPA that the area has failed to achieve RFP or to attain the PM 1 oNAAQS by the applicable statutory deadline. See section 172(c)(9) and 57 FR 13510-13512 and 57 FR 13543-13544.

II. This Action

EPA isapproving the Libby PMIo SIP, which includes the Lincoln County Air Pollution Control Program, as revised by the State .ofMontana on March 19, 1993, and submitted by the Governor of Montana to EPA on May 24, 1993, with the exception ofcontingency measures. 

### Final technical corrections to the SIP

were sent toEPA with a letter dated June 3, 1994. Thissubmittal replaced earlier submittals,detailed as follows:

The Libby PMIo SIPwas originally adoptedby theMontana Board ofHealth and Environmental Sciences (MBHES)

onNovember 15, 1991, and submitted to EPA by the Governor on November 25, 1991. To address deficiencies identified byEPA, commitments were adopted by the State aftera public hearing on December 21, 1992, and submitted to EPA onJanuary 13, 1993, as additional tasks tobe completed tocorrect 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 onMarch 19, 1993, and submitted by the Governor of Montana toEPA onMay 24, 1993. Inhis

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) toJeff Chaffee (MontanaAir Quality Bureau, MAQB), EPA advised the State that additional language concerning triggering ofthe contingency measures would be needed inthe local regulations. EPAwill 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 relatingto Montana's operating permit program, and to Montana's New Source Review and Prevention ofSerious Deterioration regulations and PM1

### oemission test methods. These items donot impact the attainment or maintenance demonstrations, credited control strategies in the Libby PM 1

### oSIP, or other federal Clean Air Act SIP requirements forthe Libby moderate PMo nonattainment area due to EPA on November 15, 1991. A more detailed discussion ofthese commitments canbe found inthe Technical Support Document (TSD)for this action.

3The State is working with the local governments to amend the Lincoln County Air Pollution Control Planto address EPA's concerns with the contingency measure trigger language. The State expects to incorporate the changes into theMontana SIP and submit aSIP revision to EPA duringthe fall of 1994. 

### Section 110(k) ofthe Act sets out provisions governing EPA's review of SIPsubmittals (see 57 FR 13565-66). In today's action, EPA is granting approval ofthose elements ofthe Libby PM10 

### plan that were due onNovember 15, 1991, and submittedby the State on May 24, 1993, with final technical corrections dated June 3, 1994. EPA believes that the Libby plan meets the applicable requirements ofthe Act.
A.Analysis of StateSubmission
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) ofthe Act provides that each implementation plan submitted by a'State mustbe adopted after reasonable notice and public hearing.4

### Section 110(1) ofthe Act similarly provides that each revision to

an implementation plan submitted by a State underthe Act mustbe adopted by such State after reasonable notice and public hearing. EPA alsomust 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 outat 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 ifa completeness determination is not made by EPA six months afterreceipt ofthe submission.

To entertain public comment on the implementation plan for. Libby, the State ofMontana, afterproviding adequate notice, held a publichearing on November 15, 1991, to address the local airpollution control program and the Libby SIP. Following the public hearing, the local airpollution control plan and the Libby PM~o SIP wereadopted by the State. The Governor ofMontana submitted the SIP to EPA onNovember 25, 1991. The SIPsubmittal was reviewed by EPA todetermine completeiess in accordance withthe completeness criteria set out at40 CFR part 51, appendix V. The submittal was found tobe complete, and a letter dated April 29, 1992, was forwarded to the Governor indicating the completeness of the submittal and the next steps tobe taken in the review process.

Due toEPA comments regarding PM1

### o SIPs for other Montana nonattainment
areas, the State included commitments

4Also Section 172(c)(7) oftheAct requires that plan provisions fornonattaininent areas meet the applicable provisions ofSection 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 ofSignificant Deterioration regulations. test methods, and an operating permitprogram), 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 toJeff Chaffee, MAQB, EPA notified the State that its commitments would need to be taken through the public hearingprocess, which would delay EPA's approvability determination. The State held a public hearing onDecember 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 onrevisions to the Libby PM 10 

### SIPto satisfy several ofthe Governor's commitments, as discussed above. Following the public hearing, the revisions to the local air pollution control plan and the Libby PM1 

### 0SIP were adopted by the State.The Governor ofMontana submitted the revised SIP to EPA on May 24, 1993. 

### This submittal wasdeemed tobe complete six months later onNovember 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 tobe complete, and that EPA did review the May 24. 1993, Libby 

### PM,o SIP submittal and found that it met the completeness criteria setout at 40 CFR part 51, appendix V. The 

### Governor's submittal letter stated that thisnew 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 ofSignificant Deterioration regulations, testmethods, and an operating permit program). A detailed description ofthe Libby commitments is contained in the TSD for this action.

. Inthis final rule action, EPA is announcing its approval ofthe revised Montana PM 1 

### oSIP submittal for Libby.

as dated May 24, 1993 with final technical corrections dated June 3, 1994, withthe exception ofthe contingency

measures (which EPA will address separately).

2. Accurate Emission Inventory

Section 172(c)(3) ofthe Act requires that nonattainment plan provisions include a comprehensive, accurate. current inventory ofactual emissions from all sources ofrelevant pollutants in the nonattainment area. The emission inventory also should include a comprehensive, accurate, and current inventory ofallowable emissions in the

area. Because the submission of such inventories is anecessary adjunct to an area's attainment demonstration (or demonstration that the area cannot practicably attain), the emission inventories mustbe received with the submission (see 57 FR 13539).



### Libby's base yearemissions inventory

was developed for October 31, 1987, through November 30, 1988. The results



### were as follows. Annually, area sources account for 70.8% ofthe PM 0 

### emissions, with re-entrained road dust the largest contributor at 62.4%. Residential woodburning, another area source, accounts for 7.6% ofthe PM 0 

### emissions in the Libby area. The Stimson Lumber Company5 sawmill and plywood plant is the largest point source, contributing 29.2% ofthe Libby

area emissions. Two-thirds ofits contribution is attributable to fugitive dust.

The emission inventory shows that 

### the emissions are seasonal, withreentrained 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 ofthe 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 theadequacy 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 theTSD.

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 ofEPA's interpretation ofthe 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.

5Formerly Champion International. T
was sold and renamed Stimson Lumber in early 1994, after theState submitted t revision for the Libby.MT. PM5 nonattaUncoln 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 existingpermits relating to the facility Company remain in effect. his SiP 6EPA Issued guidance on PM-10emissions tnment inventories prior to the enactment oftheClean 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 ofthe 1987 PM-10 SIP Development Guideline.The guidance provided In this document appears to be consistent with the amended Act (see section 193 ofthe 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 PM 1oemissions 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 ofthe individual source contributions and their associated control measures (including available control technology)

can be found inthe TSD for this action. EPA has reviewed the State's documentation and concluded that it adequately justifies thecontrol

measures tobe implemented. The implementation ofMontana's PM 1

### u nonattainment plan for Libby willresult in the attainment ofthe PM1

### oNAAQS by December 31, 1994. By this action EPA is approving the Libby PM1

### oplan'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) showingthat the plan will provide for attainment as expeditiously

as practicable, but nolater than December 31, 1994, or the State must 

### show that attainment by December 31, 1994, is impracticable (see section 189(a)(1)(B) ofthe Act). Montana conducted an attainment demonstration using receptor modeling (CMB) and rollback modeling for Libby. The 24- hour PM 10 

### 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 (see40 CFR 50.6). The annual PM1

### oNAAQS 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 PM1

### oNAAQS will be attained by December 31, 1994, at 139.2 

### jig/m 3



### .The demonstration indicated that an annual concentration of47.6 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 thetwo dates. The State should promptly inform EPAif EPAhas in any manner misinterpreted the date bywhich the State has demonstrated attainment in the Libby nonattainment area. attainment ofthe annual PM10 NAAQS. The control strategies used to achieve these design concentrations are summarized in the section titled "RACM (including RACT)."For amore detailed description ofthe 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 oalso apply to major stationary

sources ofPM1oprecursors, unless EPA determines such sources do not contribute significantly to PM1olevels which exceed the NAAQS in that area (see section 189(e) ofthe 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 ofthe 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 ofPM 10 precursors. Consequently, EPA has determined that major sources ofprecursors ofPM1odo
not contribute significantly to PM1o levels in excess ofthe NAAQS. The
consequence ofthis finding is to exclude any such sources from the applicability of PMo nonattainment

area control requirements. Further discussion ofthe analyses and supporting rationale for EPA's finding

are contained in the TSDaccompanying this notice. Note that while EPA is making a general finding for this area, today's finding is based on the current character ofthe area including, for example, the existing mix ofsources 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 ofsuch potential changes in the significance ofprecursor 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 tobe achieved every 3years untilthe 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 ofthe relevant airpollutant

asare required by Part D or may reasonably be required bythe Administrator for the purpose of ensuring attainment ofthe applicable NAAQSby the applicable date.

While section 189(c) plainly provides that quantitative milestones are tobe achieved until an area is redesignated attainment, it is silentin indicating the starting point for counting the first 3- year period orhow many milestones must be initially addressed. Inthe 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 tothe number ofmilestones, EPA believes that at leasttwo milestones mustbe initially addressed. Thus, submittals to address the SIPrevisions due on November 15, 1991, for the 

### initial moderate PM1

### ononattainment

areas must demonstrate that at least two milestones willbe achieved (1st milestone: November 15, 1991, through November 15, 1994; 2nd milestone: November 15, 1994, through November 15, 1997).



### For the initial PM1

### ononattainment

areas that demonstrate timely attainment, the emissions reduction progress made between the SIP submittal (due date ofNovember 15, 1991) and the attainment date will satisfy the first quantitative milestone. See 57 FR 13539. For areas that 

### demonstrate timely attainment ofthe PM1

### oNAAQS, the milestones beyond

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### Federal Register / Vol. 59, No. 167 / Tuesday, August 30, 1994 / Rules and Regulations 44631

the qttainment achievement date should, at a minimum, provide for continued maintenance ofthe standards.8

As indicated previously, the SIP for the Libbynonattainment area demonstrates attainment ofthe 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 of137.1 Vg/m 3

### and an annual design concentration of46.0 I'g/

m3

### forthe year 1998. Therefore, EPA is approving the submittal asmeeting the quantitative milestone requirement currently due.

The assurance that milestones-and reasonable further progress will be achieved isbased upon the State adopting and implementing the particular control measures contained in the SIP which are addressed in Section II.A.3, "RACM .(includingRACT)," of this document.

Finally, once amilestone 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) ofthe Act. The State of Montana's PM10

### SIP Indicates that the Montana Department ofHealth 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 ofthePM 2

### ostandard will be evaluated and a determination made as to the source ofthe exceedance. Changes inthe air quality program to prevent further exceedances and a timetable forimplementation will be developed. Any other EPA requirements for RFPreports will be incorporated as necessary. 7. Enforceability Issues

All measures and other elements in the SIP must be enforceable by the State and EPA (seesections 172(c)(6) and 110(a)(2)(A) ofthe Actand 57 FR .13556). The EPA criteria addressing the, enforceability ofSIPs and SIPrevisions

were stated in aSeptember 23. 1987, memorandum (withattachments) from J.

aSection 189(c)provides that quantitative milestones areto be achieved "until the area is redesignated attainment." However, this endpoint far

quantitative milestonesis speculative because redesignation ofan area as attainment Is contingent upon several factors and future events. Therefore, EPAbelieves itis reasonable forStatesto initially addressat least the first two milestones. Addressing twomilestones will ensure that the State continues to maintain the NAAQS beyond theattainment datb for at least some period during which anarea could be redesignated attainment. However, in all instances additional milestones must be addressed ifan areaisnotredesignated attainment. Craig Potter, Assistant Administrator for Air and Radiation, etal.(see 57 FR 1354.1). Nonattainment area plan provisions also must contain a program to provide for enforcement ofcontrol

measures and other elements in the SIP (see section 110(a)(2)(C) ofthe 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 thethird and subsequent violations. There are also penalties for violation ofany 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 (asdefined by 40 CFR part 261), which carries a penalty ofa 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, ifthe LCHD failsto administer the program. Since the program has ben approved by the MBHES in accordance with section 75-" 2-301 ofthe Montana Clean Air Act and effectuated by a MBHES order, and since theMDHES can enforce MBHES orders, the MDHES has independent enforcement powers.Enforcement provisions are found in the Clean Air Act ofMontana, 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 ofJuly 25, 1991. Sectiop 75-2-401 ofthe Montana Clean Air A allows the MDHES to seek civil penalties for a violation ofa permit limitation. Administrative Rules of Montana (ARM) 16.8.1112 allows the MDHES to revoke a permit for a violation ofa permit limitation. These regulations are contained in the ARM 16.8.101 through 16.8.1602 and violations ofthese rules are punishable by civil penalties in an amount up to $10,000 per day and criminal penalties in an amountup to $1,000 per day.

Ifa State relies on a local government for the implementation ofany plan provision, then, according to section 110(a)(2)(E)(iii) ofthe Act, theState
must provide necessary assurances that the State has responsibility for ensuring adequate implementation ofsuch plan provision. A State would have responsibility to ensure adequate
, implementation when, forexample, the 

### State hasthe authority and resources to implement the provision, and the local entity has failed to do so.

The Lincoln County AirPollution Control Program was established in accordance withthe requirements of section 75-2-301 oftheMontana Clean Air Act, as amended (1991). A stipulation between the MDHES, the Lincoln County Commission and the Libby City Council was signed onMarch 18, 1993, to delineate responsibilities and authorities between the MDHES and the local authorities. OnMarch 19. 1993, theMBHES held a publichearing and (a)approved the PM 0

### emission control plan forthe Libby PM10 

### nonattainment area, and (b) incorporated the Lincoln County local air pollution control program and the PM1 0 

### 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 theMDHES to enforce any state andlocal air quality provisions ifa local air quality program fails to do so. In practice,the MBHES issues a board order when it approves
a local program oramendments to a program. Since the Montana Clean Air Act authorizes the.MDHES to enforce board orders issued by the MBHES, the MDHES hasthe authority to assuie jurisdiction over, and implement, a local program so approved. However, the Montana Clean Air Act also requires

a hearing before the MBHESbefore such

an assumption ofjurisdiction and' authority can be made.

The Lincoln County ordinances are in effect now,as isthe State'spermit modification for Stimson Lumber Company. The State ofMontana hasa program that will ensure that the

measures contained in the Libby PM1 0 

### SIPare adequately enforced. EPA believes that the State's and Libby's existing airenforcement program will be adequate. The TSD forthis action contains further information on enforceability requirements, responsibilities, and personnel and funding intended to support effective implementation ofthe control measures. 8. Contingency Measures

As provided in section 172(c)(9) ofthe Act, allmoderate 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 tobe submittedby November 15, 1993, forthe 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 orEPA, upon EPA's determination that the area has failed to make RFP or attain thePM, 0 NAAQSby the applicable statutory deadline.

The Libby nonattainment area SIP contains contingency measures that addressre-entrained road dust (useof liquid de-icer and expansion ofsanding and sweeping area to Air Pollution Control District boundaries) and residential wood combustion (prohibitingburning except under specified permits for the entire period between October 1and 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 forthis action for

a more detailed discussion ofthe 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 ofthe contingency measures. Among other things,the State ofMontana 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 EPAconsiders 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.

IfEPA 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 atthis time. Ifno 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 PM1ononattainment

areas (i.e., nonattainment new source review program requirements) are due independent ofthe SIP requirements addressed-in this action. EPA will determine theadequacy ofany such submittal as appropriate.

Nothing in this action should be construed aspermitting, allowing or establishing aprecedent for any future request for revision to any SIP. Each request for revision to any SIP shallbe considered separately in light ofspecific 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 nothave a significant economic impact on a substantial number ofsmall 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 ofthe Clean AirAct 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 nothave a significant impact on a substantial number ofsmall entities affected. Moreover, due to the
nature ofthe Federal-state relationship under the Clean Air Act, preparation of

aregulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness ofa state action. The Clean Air Act forbids EPA
to base its actions concerning SIPs on such grounds. UnionElectricCo.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) ofthe Act, petitions for judicial review of this action mustbe filed in the United States Court ofAppeals for the appropriate circuit by October 31, 1994. Filing a petition forreconsideration by the

Administrator ofthis final rule does not affect the finality ofthis rule for the 

### purposes ofjudicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not bechallenged later in proceedings to enforce its requirements. (See Act, section 307(b)(2).)

Listof Subjects in40 CFR Part52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

Dated: August 3,1994. JackMcGraw, ActingRegionalAdministrator. Chapter I, title 40 ofthe Code of Federal Regulations is amended as follows:

PART 52--AMENDED]

1.The authority citation forpart 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 ofplan.

(c) * * * (33) The Governor ofMontana submitted a portion ofthe 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 ofLincoln and the City ofLibby, 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 ofLincoln and the City ofLibby, seeking approval ofamendments to the local air pollution control program.

(D) Board order issued on March 19, 1993 by theMontana Board ofHealth

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### 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 KendraJ.Lind, Lincoln County Department ofEnvironmental Health, to Gretchen Bennitt, Air Quality Bureau, Montana Department offHealth and Environmental Sciences, which explains the local adoption process and effective date ofamendments 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 ofJuly 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]

PublicDocument on Reformulated and Conventional Gasoline

AGENCY: Environmental Protection Agency. ACTION: Notice ofAvailability.

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 ofthe RFG/anti-dumpi~g 

### regulations question and answer document, and provides instructions for accessing this document, andother RFG-related documents, onthe Technology Transfer Network Bulletin

- Board System (TTNBBS). These instructions were widely distributed on July 1,1994; however, we are publishing thisnotice forthe benefit of interested persons noton our mailing list. Finally; it is our intention to make available onthe TTNBBS, ona periodic basis, responses to any additional questions received by the Agency. ADDRESSES: The RFG/anti-dumping 

### regulations question and answer document is also available inpublic docket A-92-12 atthe EPA AirDocket (6102),room M-1500, 401 M Street SW:, Washington, DC 20460. The docket may be inspected from 8 a.m. until4 p.m. Monday through Friday. As provided-in 40 CFRpart 2,a reasonable feemay be charged forcopying services.
FOR FURTHER INFORMATION CONTACT:. 

### Persons with general questions about the question and answer document should contact Ms. Marilyn Bennett at (202) 233-9006, orMs. Whitney Trulove-Cranor at (202) 233-9036, Field Operations and Support Division (6406J), Office ofMobile Sources, 401 M Street SW., Washington, DC 20460. Questions onenforcement ofthe RFG and anti-dumping regulations should be directed to Mr. George Lawrence at (202) 233-9307, AirEnforcement Division, Office ofRegulatory. Enforcement, 401 M Street SW., Washington, DC 20460..

SUPPLEMENTARY INFORMATION:


### I.Directions to Access RFG Documents

on the TTNBBS



### Copies ofthe preamblao the December 15, 1993 final rule, the Final Regulatory Impact Analysis (RIA), the Responses to Comments on Enforcement Provisions (RCEP), the complexmodel, the simple model, theregulations 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 onthe 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 ofyour 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 willbe required to

answer some basic informational questions forregistration purposes. After completing the registration process proceed through the following series oimenus: (T) GATEWAY TO TTN TECHNICAL

AREAS (BulletinBoards) (M) OMS (K) Rulemaking and Reporting (3)Fuels (9) Reformulated gasoline

A listofZIP files will be shown, all ofwhich are related to the reformulated gasoline rulemaking process. The six documents mentioned above will be in the form ofa 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: Dfilename.zip
You will be given a listoftransfer protocols from which you must choose



### onethat 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, AssistantAdministratorfor Airand Radiation. [FR Doc. 94-21363 Filed 8-29-94; 8:45 am]

BILLING CODE 6560-6-P



### 40 CFR Part300

[FRL-6062-2]

National Oil and Hazardous Substances Pollution Contingency Plan; National PrioritiesListUpdate

AGENCY: Environmental Protection Agency.

HeinOnline -- 59 Fed. Reg. 44633 1994