15056 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations DAYTON OZONE NONATTAINMENT AREA (TPD) Source type VOC CO NOX

Point Sources ........................................................................................................................................... 37.52 5.65 32.15 Area Sources ........................................................................................................................................... 46.94 0.72 1.40 On-Road Mobile Sources ......................................................................................................................... 106.43 611.44 60.78 Off-Road Mobile Sources ......................................................................................................................... 11.45 122.70 31.84 Biogenic Sources ..................................................................................................................................... 114.68 ................... ................... Totals ............................................................................................................................................. 317.02 740.51 126.17

V. Final Action The USEPA is approving the 1990

base-year ozone precursor emissions

inventories for the Toledo and Dayton

nonattainment areas based upon the

evidence presented by the State and the State’s compliance with the

requirements outlines in the applicable USEPA guidance. VI. Comment and Approval Procedure The USEPA is publishing this action without prior proposal because USEPA

views this action as a noncontroversial revision and anticipates no adverse

comments. This action will be effective on May 22, 1995, unless USEPA

receives adverse or critical comments by April 21, 1995. USEPA has published, simultaneously, a proposed rule for this action in this issue of the Federal Register. If USEPA receives adverse

comments, the direct final rule will be withdrawn and all public comments

received will be addressed in a

subsequent final rule based on the proposed rule. Please be aware that USEPA will institute another comment period on this action only if warranted

by significant revisions to the

rulemaking based on any comments

received in response to this action. VII. Regulatory Process This action has been classified as a Table 2 action by the Regional Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation. The Office of Management and Budget (OMB) exempted this regulatory action from

Executive Order 12866 review. Nothing in this action should be

construed as permitting, allowing or establishing a precedent for any future

request for revision to any SIP. USEPA

shall consider each request for revision

to the SIP in light of specific technical, economic, and environmental factors and in relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 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, USEPA may

certify that the rule will not have a

significant impact on a substantial number of small entities. Small entities

include small businesses, small not-for- profit enterprises, and government entities with jurisdiction over populations of less than 50,000. The SIP approval under Section 110

and subchapter I, Part D, of the Act do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, I certify that it does not have a significant

impact on small entities. Moreover, due

to the nature of the Federal-State

relationship under the Act, preparation

of a regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of State

action. The Act forbids the USEPA 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). Under Section 307(b)(1) of the Clean Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 22, 1995. 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 Section

307(b)(2).) List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Nitrogen oxides, Ozone, Volatile organic compounds, Hydrocarbons, Intergovernmental relations, Reporting and recordkeeping. Authority: 42 U.S.C. 4201–7601q.

Dated: March 3, 1995. Valdas V. Adamkus, Regional Administrator. Part 52, chapter 1, 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 KK—Ohio

2. Section 52.1885 is amended by

adding new paragraph (s) to read as

follows: § 52.1885 Control Strategy: Ozone. * * * * *

(s) Approval—The 1990 base-year ozone emissions inventory requirement of Section 182(a)(1) of the Clean Air Act has been satisfied for the following ozone nonattainment areas: Toledo

(Lucas and Wood Counties) and Dayton

(Clark, Greene, Miami, and Montgomery Counties).

[FR Doc. 95–7007 Filed 3–21–95; 8:45 am] BILLING CODE 6560–50–P

40 CFR Part 52

[MT26–1–6692a; FRL–5163–8] Clean Air Act Approval and Promulgation of State Implementation Plan for Montana; Butte; PM10 Contingency Measures and Revisions

to the Attainment and Maintenance Demonstrations AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA approves the State

implementation plan (SIP) revisions

submitted by the State of Montana with

a letter dated August 26, 1994. This

submittal addresses, for the Butte moderate PM10 nonattainment area, the Federal Clean Air Act requirement to

submit contingency measures for particulate matter with an aerodynamic diameter less than or equal to a nominal
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15057

1The 1990 Amendments to the Clean Air Act made significant changes to the Act. See Pub. L. 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. Section 7401, et seq. 2Subpart 1 contains provisions applicable to nonattainment areas generally and Subpart 4

contains provisions specifically applicable to PM10 nonattainment areas. At times, Subpart 1 and

Subpart 4 overlap or conflict. EPA has attempted to

clarify the relationship among these provisions in

the ‘‘General Preamble’’ and, as appropriate, in

today’s notice and supporting information.

3Also section 172(c)(7) of the Act requires that plan provisions for nonattainment areas meet the

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

10 micrometers (PM10) for areas designated as nonattainment for the PM10 National Ambient Air Quality Standards (NAAQS). This submittal also

includes revisions to the attainment and maintenance demonstrations for the moderate PM10 nonattainment area SIP

for Butte due to the inclusion of new

emission limits in a revised air quality permit for Montana Resources, Inc. Since the SIP adequately addresses the

requirement for contingency measures and, with the new emission limits for Montana Resources, Inc., still adequately demonstrates attainment and maintenance of the PM10 NAAQS in Butte, EPA approves these revisions. DATES: This final rule will become

effective on May 22, 1995 unless notice

is received by April 21, 1995 that someone wishes to submit adverse or critical comments. If the effective date is delayed, timely notice will be published

in the Federal Register. ADDRESSES: Copies of the State’s

submittal and other information are

available for inspection during normal business hours at the following

locations: Air Programs Branch, Environmental Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado 80202–2405 Montana Department of Health and

Environmental Sciences, Air Quality Division, Cogswell Building, Helena, Montana 59620–0901 The Air and Radiation Docket and

Information Center, 401 M Street SW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Amy Platt, 8ART–AP, Environmental Protection Agency, Region VIII, 999

18th Street, suite 500, Denver, Colorado, (303) 293–1769. SUPPLEMENTARY INFORMATION: I. Background The Butte, Montana area was designated nonattainment for PM10 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 (Nov. 6, 1991); 40 CFR 81.327

(Silver Bow County—Butte). The air quality planning requirements for moderate PM10 nonattainment areas are

set out in subparts 1 and 4 of part D, 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, 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 this action and the supporting

rationale. Those States containing initial moderate PM10 nonattainment areas

such as Butte were required to submit, among other things, several provisions by November 15, 1991. These provisions, including an attainment demonstration (or demonstration that

timely attainment is impracticable), are described in EPA’s final rulemaking on

the Butte moderate PM10 nonattainment area SIP (59 FR 11550–11554, March 11, 1994). Such States were also required to

submit contingency measures by November 15, 1993 (see 57 FR 13543). These measures must become effective, without further action by the State or EPA, upon a determination by EPA that

the area has failed to achieve reasonable

further progress (RFP) or to attain the PM10 National Ambient Air Quality Standards (NAAQS) by the applicable

statutory deadline. See section 172(c)(9) and 57 FR 13510–13512 and 13543–

13544.

II. This Action

Section 110(k) of the Act sets out provisions governing EPA’s review of SIP submittals (see 57 FR 13565–13566). The Governor of Montana submitted

revisions to the SIP for Butte with a

letter dated August 26, 1994. The

revisions address PM10 emissions in Butte, including modified emission

limitations for Montana Resources, Inc. and the associated attainment and maintenance demonstrations, as well as contingency measures. A. Analysis of State Submission

1. Procedural Background The Act requires States to observe

certain procedural requirements in

developing implementation plans and

plan revisions for submission to EPA. Section 110(a)(2) of the Act provides

that each implementation plan

submitted by a State must be adopted

after reasonable notice and public hearing.3 Section 110(l) of the Act similarly provides that each revision to

an implementation plan submitted by a State under the Act must be adopted by

such State after reasonable notice and

public hearing. EPA also must determine whether a

submittal is complete and therefore warrants further EPA review and action

[see Section 110(k)(1) and 57 FR 13565]. The EPA’s completeness criteria for SIP

submittals are set out at 40 CFR part 51, appendix V. The EPA attempts to make

completeness determinations within 60 days of receiving a submission. However, a submittal is deemed

complete by operation of law if a

completeness determination is not made by EPA six months after receipt of the

submission. To entertain public comment, the State of Montana, after providing

adequate notice, held a public hearing on May 20, 1994 to address the Butte PM10 contingency measures and

revisions to the attainment and maintenance demonstrations for this SIP. Following the Montana Board of Health and Environmental Sciences public hearing, the Board adopted the Butte PM10 SIP revisions and

contingency measures. The SIP revisions were reviewed by EPA to determine completeness in

accordance with the completeness criteria set out at 40 CFR part 51, appendix V. The submittals were found

to be complete and a letter dated November 1, 1994 was forwarded to the Governor indicating the completeness of

the submittal and the next steps to be

taken in the review process. 2. Control Strategy On March 11, 1994 (59 FR 11550), EPA approved the control measures in

the Butte moderate PM10 nonattainment area SIP as satisfying the requirement to provide for the implementation of reasonably available control measures

(including reasonable available control

technology). See CAA sections 172(c)(1) and 189(a)(1)(C). The measures targeted

re-entrained road dust, residential wood

burning, prescribed burning, industry, and motor vehicle exhaust. Please see

that notice of final rulemaking and

associated Technical Support Document

(TSD) for further details on the specific

control measures in the approved SIP. The subsequent August 26, 1994

submittal included a modification to the
15058 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

4The Clean Air Act calls for attainment by December 31, 1994. Section 188(c)(1). EPA

interprets the State’s demonstration as providing for attainment of the PM10 NAAQS by January 1, 1995. EPA approved the State’s demonstration on the basis of the de minimis differential between the two dates.

Air Quality Permit for Montana Resources, Inc. (one of the industries

targeted for emissions reductions in the previous SIP submittal). Permit modification #1749–05, effective

January 5, 1994, allows for production

increases in diesel consumption, vehicle miles travelled by haul trucks, and ore hauled to the primary crusher dump. These increases were compensated for by the installation of Detroit Diesel Electronic Controls (DDEC) packages on

11 of 15 haul trucks at the mine. These

controls decrease diesel exhaust emissions from the haul trucks. In the

following table, the PM10 emissions

reductions from base year due to the new permitted limitations are outlined. Source Control measure PM10 emissions reduction from base year Effective

date

Industry ............................ Air Quality Permit Modification #1749–05 for- ...... ................................................................................ 1/5/94 Montana Resources, Inc.: (a) limit winter PM10 emissions from haul trucks and support vehicles. 88% or 2672.6 tons fewer winter allowable PM10 emissions. (b) limit winter PM 10 diesel exhaust emissions ..... 85% or 25.6 tons fewer winter allowable PM10 emissions. (c) limit winter PM 10 emissions at ore dump, molybdenum dryer and lime handling. 75% or 55.3 tons fewer winter allowable PM10 emissions. Combined controls ................................................. 2753.5 tons fewer winter allowable PM10 emis- sions.

The previous version of the permit

(i.e., #1749–04) had the following winter allowable PM10 emissions limits: (1) haul trucks and support vehicles—250.0

tons; (2) diesel exhaust—6.4 tons; and

(3) ore dump, molybdenum dryer and

lime handling—14.2 tons. The current permit (i.e., #1749–05) modified these numbers to 373.0 tons, 4.6 tons, and

18.5 tons, respectively. Winter allowable PM10 emissions from

categories (1) and (3) have been

increased from the previous version of

the permit. The diesel exhaust (category

(2)) winter allowable PM10 emissions have been decreased. While there is an

overall net increase in emissions from

the three categories, the chemical mass balance (CMB) analyses for the area

apportioned a larger percentage

contribution to diesel exhaust. Therefore, there is a net air quality

benefit associated with this permit modification due to the reduction in

diesel exhaust emissions. Further, in all

three categories, the permit modification

still represents a significant decrease

from base year winter allowable PM10

emissions (as indicated in the table on

the previous page). A more detailed discussion of the

control measures implemented at Montana Resources, Inc. can be found in

the TSD (available at the EPA address

listed at the beginning of this document). EPA has reviewed the State’s documentation and concluded

that it adequately justifies the modifications to the Montana Resources permit. The implementation of these measures, along with the control measures that were approved in the moderate PM10 nonattainment area SIP

for Butte on March 11,1994 (59 FR

11550), will result in the attainment of

the PM10 NAAQS by December 31, 1994. EPA approves this permit modification as part of the control

strategy for the Butte PM10 SIP as it will not interfere with timely attainment of

the PM10 NAAQS. 3. Revisions to Attainment and Maintenance Demonstrations The initial moderate PM10 nonattainment areas were required to

submit either a demonstration

(including air quality modelling) showing that the plan will provide for attainment as expeditiously as practicable or a demonstration that

timely attainment is not practicable (see

section 189(a)(1)(B) of the Act). The 24- hour PM10 NAAQS is 150 micrograms/ cubic meter (μg/m3), and the standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 μg/m3

is equal to or less than one (see 40 CFR

50.6). The annual PM10 NAAQS is 50 μg/m3, and the standard is attained when the expected annual arithmetic mean concentration is less than or equal

to 50 μg/m3 (id.). CMB receptor modelling in

combination with emissions rollback modelling analysis was chosen as the best tool for the attainment and maintenance demonstrations of the 24- hour standard. EPA approved Montana’s attainment and maintenance demonstrations for the Butte moderate PM10 nonattainment area on March 11, 1994 (59 FR 11550–11554). The 24-hour attainment value (i.e., the ambient PM10

air quality levels achieved by 1995)4 was 144.4 μg/m3, and the annual attainment value was 42.1 μg/m3. The 24-hour maintenance value (i.e.,

ambient PM10 air quality levels maintained through January 1, 1998) was 145.5 μg/m3, and the annual maintenance value was 41.7 μg/m3. Due to changes made in Montana Resources, Inc.’s Air Quality Permit #1749, with a final modification date of

January 5, 1994 (#1749–05), the

attainment and maintenance demonstrations for the Butte moderate PM10 nonattainment area SIP were

revised in the August 26, 1994

submittal. The new permitted allowable

emission limits were used in the revised

attainment and maintenance demonstrations. The modifications to the allowable

emissions did not result in an inability

to demonstrate timely attainment and maintenance of the PM10 NAAQS in Butte, but, in fact, showed an

improvement. With the adjustments, the 24-hour attainment value is 142.3 μg/m3

(2.1 μg/m3 lower than without the

adjustments) and the annual attainment value is 41.8 μg/m3 (0.3 μg/m3 lower

than without the adjustments). With the

adjustments, the 24-hour maintenance value is 142.2 μg/m3 (3.3 μg/m3 lower

than without the adjustments) and the

annual maintenance value is 40.0 μg/m3

(1.7 μg/m3 lower than without the

adjustments). There is no need to adopt additional control measures based on these

adjusted calculations. The SIP still adequately demonstrates timely

attainment and maintenance of the PM10 NAAQS in Butte and satisfies the

requirement to provide for the

implementation of RACM (including RACT). For a more detailed description

of the attainment and maintenance demonstration revisions, please see the TSD for this document.
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15059

4. Contingency Measures The Clean Air Act requires States containing PM10 nonattainment areas to

adopt contingency measures that will

take effect without further action by the State or EPA upon a determination by EPA that an area failed to make

reasonable further progress or to timely

attain the applicable NAAQS, as described in section 172(c)(9). See

generally 57 FR 13510–13512 and

13543–13544. Pursuant to section

172(b), the Administrator has established a schedule providing that states containing initial moderate PM10 nonattainment areas shall submit SIP

revisions containing contingency measures no later than November 15, 1993. (See 57 FR 13543, n. 3.) The General Preamble further explains that contingency measures for PM10 should consist of other available

control measures, beyond those necessary to meet the core moderate

area control requirement to implement reasonably available control measures

(see Clean Air Act, sections 172(c)(1) and 189(a)(1)(C)). Based on the statutory

structure, EPA believes that contingency measures must, at a minimum, provide

for continued progress toward the

attainment goal during the interim

period between the determination that

the SIP has failed to achieve RFP or provide for timely attainment of the NAAQS and the additional formal air quality planning following the determination (57 FR 13511). Section 172(c)(9) of the Act specifies

that contingency measures shall ‘‘take

effect * * * without further action by

the State or the [EPA] Administrator.’’ EPA has interpreted this requirement (in

the General Preamble at 57 FR 13512) to mean that no further rulemaking

activities by the State or EPA would be needed to implement the contingency measures. In general, EPA expects all actions needed to affect full

implementation of the measures to

occur within 60 days after EPA notifies

the State of its failure to attain the

standard or make RFP. EPA recognizes that certain actions, such as notification of sources, modification of permits, etc., may be needed before some measures could be

implemented. However, States must show that their contingency measures can be implemented with minimal

further administrative action on their part and with no additional rulemaking

action such as public hearing or

legislative review. The PM10 contingency measures for Butte were developed by the Butte/ Silver Bow Health Department (BSBHD) and the Montana Department of Health

and Environmental Sciences (MDHES). At its May 20, 1994 public hearing, the Montana Board of Health and

Environmental Sciences (MBHES) adopted the contingency measures. The Governor submitted the

contingency measures to EPA with a

letter dated August 26, 1994. After

reviewing the submittal for conformance with the completeness criteria in 40 CFR Part 51, Appendix V, EPA

determined the submittal to be complete

and notified the Governor of such

determination in a letter dated November 1, 1994. a. Re-entrained Road Dust Contingency Measure. The Butte/Silver Bow Health Department adopted a

contingency plan that implements the mandatory use of liquid de-icer on all roads with the exception of priority

routes with extraordinary circumstances existing within the Butte/Silver Bow Air Pollution Control District. Butte/Silver Bow Ordinance No. 468 stipulates that within 60 days of notification by EPA

that the SIP for the Butte moderate PM10 nonattainment area has failed to timely

attain the PM10 NAAQS or make

reasonable further progress the

following will occur: Within the Butte/Silver Bow Air Pollution Control District, only liquid

de-icer shall be placed on any road with

the exception of priority routes with

extraordinary circumstances existing. During extraordinary events, priority

routes must use sanding material which

has a durability, as defined by the Montana Modified L.A. Abrasion test, of

less than or equal to 7, and has a content of material greater than 200 mesh, as determined by standard wet sieving methods, which is less than 3.0% oven

dry weight. b. Contingency Measure for Montana Resources, Inc. Since it was determined

through source apportionment studies

that the Montana Resources facility is one of the largest contributing sources of uncontrolled ambient PM 10 emissions

in the Butte/Silver Bow PM10 moderate nonattainment area, the State believed

that a contingency measure for Montana Resources was necessary to ensure a

sufficient amount of emissions

reduction. In addition to allowing the production increases as offsets for the

installation of DDEC on haul trucks (as discussed above), a contingency measure was added to Permit #1749–05. Montana Resources agreed to reduce

emission and production limitations within 60 days of notification by MDHES that the PM10 NAAQS has been

exceeded within the Butte/Silver Bow moderate PM10 nonattainment. The

contingency measure to be implemented would be to decrease emission and

production levels, as described in

section II.A.5.b. below. As a result of these permit negotiations, Permit #1749 was modified to outline the production and

emission decreases required for the

contingency measure. The final emission limitations for the

implementation of the contingency measure are outlined in Permit #1749–

05. 5. Effectiveness of the Contingency Measures a. Re-entrained Road Dust Contingency Measure. If the re- entrained road dust contingency measure is implemented, the control efficiency of the re-entrained road dust measures will be 66% in the 24-hour attainment demonstration (an increase of 14% over the control efficiency of the

re-entrained road dust measures in the original SIP attainment demonstration). This calculation takes into account the use of the liquid de-icer, the current requirements for use of washed sand, and the existing street sweeping measures (see the TSD for the Butte PM10 SIP for further details on the

existing re-entrained road dust strategies). Total reduction from the

contingency measure is calculated to be 1.5 more tons of PM10 per day than without the contingency measure. b. Montana Resources Contingency Measure. If the Montana Resources contingency measure is implemented, the permit modification requires the

following reductions in winter allowable PM10 emissions. Haul trucks and support vehicles will be reduced to

250 tons (123 tons less than without the

contingency measure), diesel exhaust will be reduced to 4.0 tons (0.6 tons less

than without the contingency measure), and the ore dump, lime handling and molybdenum dryer will be reduced to

14.2 tons (4.3 tons less than without the

contingency measure). The combined

control of this contingency measure

results in 127.9 tons fewer winter allowable PM10 emissions. See the TSD

for further details on the existing permit

limitations and contingency measure

limitations. EPA believes that these contingency measures are approvable. The control measures implemented in the PM10 SIP

achieve more emissions reductions than

needed to demonstrate attainment of the PM10 NAAQS, as indicated by the State’s predicted 24-hour attainment concentration of 142.3 μg/m3 (see Section II.A.2. above and the TSD). Since the 24-hour PM10 NAAQS is 150 μg/m3, this established safety margin

further supports the reasonableness of

these contingency measures.
15060 Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations

6. Enforceability Issues All measures and other elements in

the SIP must be enforceable by the State

and EPA (see sections 172(c)(6), 110(a)(2)(A) and 57 FR 13556). The EPA

criteria addressing the enforceability of SIPs and SIP revisions were stated in a September 23, 1987 memorandum (with

attachments) from J. Craig Potter, Assistant Administrator for Air and Radiation, et al. (see 57 FR 13541). State

implementation 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)). The specific measures contained in

the Butte contingency plan are

addressed above in sections II.A.4. and

II.A.5. The Butte/Silver Bow air pollution control ordinance, as included

in the SIP, is legally enforceable by BSHD. There are penalties for noncompliance with Ordinance No. 468

(regarding liquid de-icer application). 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 if, for example, the State has the authority and resources to

implement the provision when the local entity has failed to do so. The Butte/Silver Bow Air Pollution Control Program and the associated

local ordinances, resolutions and

stipulations are also enforceable by the MDHES, if the BSHD fails to administer

the program. Since the program has been 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 Montana Resources, Inc. are enforceable by the MDHES through Air Quality Permit #1749–05 with a final modification date of January 5, 1994. Section 75–2–401 of

the Montana Clean Air Act 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 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. The Butte/Silver Bow 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 and the Butte/Silver Bow Council of Commissioners was signed on October 8, 1991 to delineate responsibilities and

authorities between the MDHES and the

local authorities. On November 15, 1991, the MBHES issued a board order effectuating the program. On March 20, 1992, the MBHES approved the Butte PM10 plan and local program. The

stipulation, Board order, and ordinances were incorporated into the SIP on March 11, 1994 (59 FR 11550). On May 20, 1994, the MBHES issued

a Board order approving the Butte PM10

contingency measures. The related

regulation, air quality permit, and the May 20, 1994 Board order were

submitted to EPA in the August 26, 1994 submittal as a revision to the Montana SIP. The Butte/Silver Bow regulation is in

effect now, as is the State’s permit modification for Montana Resources, Inc. (Air Quality Permit #1749–05). The State of Montana has a program that will ensure that the contingency measures and Montana Resources, Inc. emission

limitations contained in the Butte PM10 SIP are adequately enforced. EPA

believes that the State’s and Butte’s existing air enforcement program will be

adequate. The TSD for this action

contains further information on

enforceability requirements, responsibilities, and a discussion of the personnel and funding intended to

support effective implementation of the

control measures.

III. Final Action

EPA is approving Montana’s SIP

revision, submitted by the Governor with a letter dated August 26, 1994, for

the Butte moderate PM10 nonattainment area. This submittal adequately

addressed, for the Butte moderate PM10 nonattainment area, PM10 contingency measures, which were due on November 15, 1993, and revisions to the

attainment and maintenance demonstrations to incorporate new

permit emission limitations for Montana Resources, Inc. EPA is publishing this action without prior proposal because the Agency

views this as a noncontroversial amendment and anticipates no adverse

comments. However, in a separate document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse or critical comments be filed. Under the procedures established in the May 10, 1994 Federal Register (59 FR 24054), this action will be effective May 22, 1995 unless, by April 21, 1995, adverse or critical comments are received. If such comments are received, this action will be withdrawn before the

effective date by publishing a

subsequent final rule based on this action serving as a proposed rule. 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 on May 22, 1995. Nothing in this action should be

construed as permitting or allowing or establishing a precedent for any future

request for revision to any SIP. Each

request for revision to a SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant statutory and regulatory requirements. Under the Regulatory Flexibility Act, 5 U.S.C. 600, et seq., EPA must prepare

a regulatory flexibility analysis assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant economic impact on a substantial number of small entities. Small entities

include small businesses, small not-for- profit enterprises, and government entities with jurisdiction over populations of less than 50,000. Approvals of SIP submittals under section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the Federal SIP-approval does not impose

any new requirements, I certify that it does not have a significant impact on

small entities affected. Moreover, due to

the nature of the Federal-state

relationship under the Clean Air Act, preparation of a regulatory flexibility

analysis would constitute Federal

inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256–66 (1976); 42 U.S.C. 7410(a)(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 22, 1995. Filing a petition for reconsideration by
Federal Register / Vol. 60, No. 55 / Wednesday, March 22, 1995 / Rules and Regulations 15061

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 must 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 section

307(b)(2)). The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping

requirements, Sulfur dioxide, Volatile organic compounds. Dated: February 17, 1995. 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)(36) to read as

follows: § 52.1370 Identification of plan. * * * * *

(c) * * *

(36) The Governor of Montana

submitted PM10 contingency measures

for Butte, Montana in a letter dated August 26, 1994. This submittal also

contained revisions to the attainment and maintenance demonstrations for the moderate PM10 nonattainment area SIP, due to modifications made to the Air Quality Permit for Montana Resources, Inc.(i) Incorporation by reference. (A) Board order issued on May 20, 1994 by the Montana Board of Health

and Environmental Sciences approving

the amendments to the Butte/Silver Bow

Air Pollution Control Program regarding

the PM10 contingency measure. (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, which

addresses PM10 contingency measure

requirements for liquid de-icer application. (ii) Additional material. (A) Montana Department of Health

and Environmental Sciences Air Quality

Permit #1749–05, as revised with a final modification date of January 5, 1994, for Montana Resources, Inc.’s open pit copper and molybdenum mine, crushing and milling operation, and

concentrator. * * * * *

[FR Doc. 95–7004 Filed 3–21–95; 8:45 am] BILLING CODE 6560–50–P

40 CFR Part 52

[CA–65–1–6859; FRL–5168–7] Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for California AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: On May 31, 1994 EPA

published the Notice of Proposed Rulemaking to approve the State

Implementation Plan (SIP) revision

submitted by the State of California for

the purpose of establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM). The SIP revision plan was submitted by the State to satisfy the Federal mandate, found in the Clean Air Act (CAA), to

ensure that small businesses have access

to the technical assistance and

regulatory information necessary to

comply with the CAA. The rationale for

the approval was set forth in the proposal. EPA received one comment

from the Southern California Gas Company which does not impact the proposed action. Therefore, EPA is proceeding with its approval of the

revision to the California SIP for establishing a PROGRAM. EFFECTIVE DATE: This rule will become

effective on April 21, 1995. ADDRESSES: Copies of the documents

relevant to this action are available for public inspection during normal business hours at the following

locations: U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105 U.S. Environmental Protection Agency, Air Docket 6102, 401 ‘‘M’’ Street, S.W., Washington, D.C., 20460. State of California, Air Resources Board, 2020 L Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A–1, U.S

Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA

94105, (415) 744–1102. SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of

the Clean Air Act (CAA), as amended in

1990, will require regulation of many

small businesses so that areas may

attain and maintain the national ambient air quality standards (NAAQS) and reduce the emission of air toxics. Small businesses frequently lack the

technical expertise and financial resources necessary to evaluate such

regulations and to determine the

appropriate mechanisms for compliance. In anticipation of the

impact of these requirements on small businesses, the CAA requires that States adopt a Small Business Stationary Source Technical and Environmental Compliance Assistance Program

(PROGRAM), and submit this PROGRAM as a revision to the Federally

approved SIP. In addition, the CAA

directs the Environmental Protection Agency (EPA) to oversee these small business assistance programs and report

to Congress on their implementation. The requirements for establishing a PROGRAM are set out in Section 507 of Title V of the CAA. In February 1992, EPA issued Guidelines for the

Implementation of Section 507 of the 1990 Clean Air Act Amendments, in

order to delineate the Federal and State

roles in meeting the new statutory provisions and as a tool to provide

further guidance to the States on

submitting acceptable SIP revisions. On November 13, 1992 the State of California submitted a SIP revision to EPA in order to satisfy the requirements of Section 507. In order to gain full approval, the State submittal must provide for each of the following PROGRAM elements: (1) the

establishment of a Small Business Assistance Program (SBAP) to provide

technical and compliance assistance to

small businesses; (2) the establishment of a State Small Business Ombudsman

to represent the interests of small businesses in the regulatory process; and (3) the creation of a Compliance Advisory Panel (CAP) to determine and

report on the overall effectiveness of the SBAP. A detailed discussion of the background for each of the above PROGRAM elements is provided in the May 31, 1994 Federal Register Notice of Proposed Rulemaking (NPR) (59 FR

28036).