Air Quality Implementation Plans; Montana; Attainment Plan for Libby, MT PM2.5, 55713-55725 [2010-22848]
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules
Dated: September 8, 2010.
Lisa Jackson,
Administrator.
[FR Doc. 2010–22851 Filed 9–13–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2006–0952; FRL–9200–9]
Air Quality Implementation Plans;
Montana; Attainment Plan for Libby,
MT PM2.5 Nonattainment Area and
PM10 State Implementation Plan
Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
the State Implementation Plan (SIP)
revision submitted by the State of
Montana on March 26, 2008. Montana
submitted this SIP revision to meet
Clean Air Act requirements for attaining
the 15.0 micrograms per cubic meter
(μg/m3) annual fine Particulate Matter
(PM2.5) national ambient air quality
standard (NAAQS) for the Libby
nonattainment area. The plan, herein
called an ‘‘attainment plan,’’ includes an
attainment demonstration, an analysis
of Reasonably Available Control
Technology and Reasonably Available
Control Measures (RACT/RACM), baseyear and projection year emission
inventories, and contingency measures.
The requirement for a Reasonable
Further Progress (RFP) plan is satisfied
because Montana projects that
attainment with the 1997 PM2.5 NAAQS
will occur in the Libby nonattainment
area by April 2010. In addition, we are
proposing to approve the PM10 SIP
revisions to the Lincoln County Air
Pollution Control Program submitted by
Montana on June 26, 2006 for inclusion
into Libby’s attainment plan. This
submittal contains provisions, including
contingency measures, for controlling
both PM10 and PM2.5 emissions from
woodstoves, road dust, and outdoor
burning. Finally, EPA is proposing to
find on-road directly emitted PM2.5 and
oxides of nitrogen (NOX) in the Libby,
Montana nonattainment area
insignificant for regional transportation
conformity purposes. If this
insignificance finding is finalized as
proposed, the Libby, Montana
nonattainment area will not have to
perform a regional emissions analysis
for either direct PM2.5 or NOX as part of
future conformity determinations for the
annual 1997 PM2.5 NAAQS.
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SUMMARY:
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Written comments must be
received on or before October 14, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2006–0952, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: freeman.crystal@epa.gov.
• Fax: (303) 312–6064 (please alert
the individual listed in FOR FURTHER
INFORMATION CONTACT if you are faxing
comments).
• Mail: Callie Videtich, Director, Air
Program, Environmental Protection
Agency (EPA), Region 8, Mailcode 8P–
AR, 1595 Wynkoop St., Denver,
Colorado 80202–1129.
• Hand Delivery: Callie Videtich,
Director, Air Program, Environmental
Protection Agency (EPA), Region 8, Mail
Code 8P–AR, 1595 Wynkoop St.,
Denver, Colorado 80202–1129. Such
deliveries are only accepted Monday
through Friday, 8 a.m. to 4:30 p.m.,
excluding Federal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2006–
0952. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an anonymous access system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA, without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
DATES:
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encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
For additional instructions on
submitting comments, go to Section I,
‘‘General Information,’’ of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop St., Denver, Colorado
80202–1129. EPA requests that, if at all
possible, you contact the individual
listed in FOR FURTHER INFORMATION
CONTACT to view the hard copy of the
docket. You may view the hard copy of
the docket Monday through Friday, 8
a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Crystal Freeman, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129, Phone: (303) 312–6602,
Fax: (303) 312–6064,
freeman.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The words or initials Act or CAA
mean or refer to the Clean Air Act,
unless the context indicates otherwise.
(ii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iii) The initials SIP mean or refer to
State Implementation Plan.
(iv) The initials PM2.5 mean or refer to
particulate matter with an aerodynamic
diameter of less than 2.5 micrometers.
(v) The initials PM10 mean or refer to
particulate matter with an aerodynamic
diameter of less than 10 micrometers.
(vi) The word State or Montana refers
to the State of Montana unless the
context indicates otherwise.
(vii) The initials NAAQS mean or
refer to National Ambient Air Quality
Standards.
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules
Table of Contents
I. General Information
II. What Action Is EPA Proposing?
III. What Is the Background for EPA’s
Proposed Action?
A. Designation History
B. Clean Air Fine Particle Implementation
Rule
IV. What Is Included in Montana’s Submittal?
A. Background
B. PM10 SIP Revisions to the Lincoln
County Air Pollution Control Program
C. Libby and Vicinity PM2.5 Control Plan
V. EPA’s Analysis of Montana’s Submittal
A. PM10 SIP Revisions to Lincoln County
Air Pollution Control Program
B. Attainment Demonstration
C. Analysis of Montana’s Submittal
1. Pollutants Addressed and Attainment
Date
2. Monitoring Data
3. Emission Inventory
4. Modeling
5. RACT/RACM
6. Contingency Measures
7. Transportation Conformity
Requirements
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. General Information
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A. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through https://
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
a. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
b. Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
c. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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d. Describe any assumptions and
provide any technical information and/
or data that you used.
e. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
f. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
g. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
h. Make sure to submit your
comments by the comment period
deadline identified.
II. What action is EPA proposing?
EPA is proposing to approve two
Montana SIP submittals for the Libby
nonattainment area: (1) PM10 SIP
revisions to the Lincoln County Air
Pollution Control Program submitted by
Montana on June 26, 2006; and (2) the
Libby PM2.5 attainment plan submitted
by Montana on March 26, 2008. EPA has
determined that the PM10 SIP revisions
and the PM2.5 attainment plan meet
applicable requirements of the Clean Air
Act, including the Clean Air Fine
Particle Implementation Rule (herein
referred to as the implementation rule)
issued by EPA on April 25, 2007 (72 FR
20586). Furthermore, EPA has
determined that Montana’s PM2.5 SIP
submittal for the Libby area includes an
attainment demonstration, an analysis
of RACT/RACM, base-year and
projection-year emission inventories
and contingency measures. The
attainment plan supports a
determination that the Libby PM2.5
nonattainment area will attain the 1997
PM2.5 NAAQS by the April 2010
deadline for attainment. Finally, EPA is
proposing to find on-road directly
emitted PM2.5 and NOX in the Libby,
Montana nonattainment area
insignificant for regional transportation
conformity purposes.
EPA’s analysis and findings are
discussed in this proposed rulemaking.
Additional technical support documents
are available at https://
www.regulations.gov, Docket No. EPA–
R08–OAR–2006–0952.
III. What is the background for EPA’s
proposed action?
A. Designation History
On July 18, 1997 (62 FR 38652), EPA
established PM2.5 NAAQS, including an
annual standard of 15.0 μg/m3 based on
a 3-year average of annual mean PM2.5
concentrations, and a 24-hour (or daily)
standard of 65 μg/m3 based on a 3-year
average of the 98th percentile of 24-hour
concentrations. EPA established the
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standards based on significant evidence
and numerous health studies
demonstrating that serious health effects
are associated with exposures to PM2.5.
Following promulgation of a new or
revised NAAQS, EPA is required by the
CAA to designate areas throughout the
United States as attaining or not
attaining the NAAQS; this designation
process is described in section 107(d)(1)
of the CAA. In 1999, EPA and state air
quality agencies initiated the monitoring
process for the 1997 PM2.5 NAAQS, and,
by January 2001, established a complete
set of air quality monitors. On January
5, 2005, EPA published initial air
quality designations for the 1997 PM2.5
NAAQS (70 FR 944), based on air
quality monitoring data for calendar
years 2001–2003. On April 14, 2005,
EPA published a final supplemental
rule amending the agency’s initial
designations (70 FR 19844). EPA did not
consider modifications made in this rule
to be ‘‘re-designations’’ because the
changes were made before April 5, 2005,
the effective date of the initial
designations. As a result of the final
supplemental rule, PM2.5 nonattainment
designations are in effect for 39 areas,
comprising 208 counties within 20
states (and the District of Columbia)
nationwide, with a combined
population of about 88 million people.
The Libby nonattainment area which is
the subject of this rulemaking is
included in the list of areas not attaining
the 1997 PM2.5 NAAQS.
On October 17, 2006, EPA
strengthened the 24-hour PM2.5 NAAQS
to 35 μg/m3 and retained the level of the
annual PM2.5 standard at 15.0 μg/m3 (71
FR 61144). On November 13, 2009 EPA
designated areas as either attainment/
unclassified or nonattainment with
respect to the revised 24-hour NAAQS
(74 FR 58688). In the November 2009
designation action, EPA established a
deadline of December 14, 2012 for states
to submit attainment plans for areas
designated as nonattainment for the
revised 24-hour PM2.5 NAAQS.
Of relevance to the proposed
rulemaking herein, the notice for the
November 2009 action clarified
designations for the 1997 PM2.5 NAAQS
by relabeling the existing designation
tables to identify designations for the
annual NAAQS, and by providing a
separate table identifying designations
for the 1997 24-hour NAAQS (i.e., 65
μlg/m3). In that table, the Libby
nonattainment area is designated as
attaining the 1997 24-hour PM2.5
NAAQS.
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules
B. Clean Air Fine Particle
Implementation Rule
On April 25, 2007, EPA issued the
Clean Air Fine Particle Implementation
Rule for the 1997 PM2.5 NAAQS (72 FR
20586). The implementation rule
describes the CAA framework and
requirements for developing state PM2.5
attainment plans. An attainment plan
must include a demonstration that a
nonattainment area will meet applicable
NAAQS within the timeframe provided
in the statute. This demonstration must
include modeling (40 CFR 51.1007) that
is performed in accordance with EPA
modeling guidance (EPA–454/B–07–
002, April 2007). It must also include
supporting technical analyses and
descriptions of all relevant adopted
federal, state, and local regulations and
control measures that have been
implemented by the proposed
attainment date.
For the 1997 PM2.5 NAAQS, an
attainment plan must show that a
nonattainment area will attain the
standard by 2010. Alternatively, if the
area is not expected to meet the NAAQS
by 2010, a state may propose an
attainment-date extension for up to five
years based on the severity of the
nonattainment problem and on the
availability and feasibility of pollution
control measures (CAA section
172(a)(2)).
For each nonattainment area, the state
must demonstrate that it has adopted all
RACT/RACM needed to show that the
area will attain the PM2.5 standards ‘‘as
expeditiously as practicable.’’ The
implementation rule provided guidance
for making these RACM and RACT
determinations (72 FR 20616–21). Any
measures that are necessary to meet
these requirements which are not
already either federally promulgated or
part of the state’s SIP must be submitted
in enforceable form as part of a state’s
attainment plan.
The implementation rule also
included policies on pollutants that
comprise total PM2.5. Five main types of
pollutants contribute to fine particle
concentrations: direct PM2.5, sulfur
dioxide (SO2), nitrogen oxides (NOX),
ammonia, and volatile organic
compounds (VOCs). All but direct PM2.5
is considered to be ‘‘precursors’’ to PM2.5
formation. The effect of reducing
emissions of each of these five types of
pollutants varies by area, depending on
PM2.5 composition, emission levels, and
other area-specific factors. For this
reason, the implementation rule
established policies regarding what
states should include in their PM2.5
attainment plans for evaluating these
pollutants.
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Under these policies, sources of direct
PM2.5 emissions (including organic
particles, elemental carbon and
inorganic particles) and SO2 must be
evaluated for emission reduction
measures in all PM2.5 nonattainment
areas. Sources of NOX must be evaluated
for emission reduction measures in each
area unless the state and EPA
demonstrate that NOX is not a
significant contributor to PM2.5
concentrations in a specific area.
Neither VOC nor ammonia sources are
required to be evaluated for emission
reduction measures in an area unless
the state or EPA demonstrates that
either of these pollutant types
significantly contributes to PM2.5
concentrations. To reverse any of the
presumptive precursor policies, the
implementation rule provided guidance
on the types of analyses that may be
included in a technical demonstration.
The implementation rule also
provided guidance on other elements of
a state’s attainment plan, including but
not limited to, consideration of emission
inventories, contingency measures, and
motor vehicle emissions budgets used
for transportation conformity purposes.
IV. What is included in Montana’s
submittal?
A. Background
Libby, Montana, a small rural
community, is located in Lincoln
County in the northwestern part of the
State. Libby sits in the narrow,
triangular Kootenai valley at an
elevation of 2,100 feet. The
nonattainment area is dominated by
three major mountain ranges that limit
the air-shed: (1) The Rocky Mountain
and Flathead Ranges on the eastern
boundary; (2) the Purcell Range, which
roughly bisects the area from north to
south; and (3) the Selkirk and Cabinet
Ranges on the western boundary. The
vast majority of the area surrounding
Libby is National Forest managed by the
U.S. Forest Service. Based on the 2000
census and a growth rate through 2005
of 3.71%, Libby’s population is
estimated at 2,674.
The highest PM2.5 concentrations in
Libby generally occur during the winter
months of November through February.
The winter concentrations are related to
stagnant weather conditions dominated
by light winds and strong temperature
inversions. These meteorological
conditions can trap emissions within
the valley for many days or weeks.
Air quality data recorded during
2001–2003 at the PM2.5 monitor at the
Libby Courthouse Annex showed
violations of the annual PM2.5 standard.
Libby was designated nonattainment for
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PM2.5 under section 107(d)(3) of the
CAA, on April 5, 2005 (40 CFR part 81).
The air quality planning requirements
for PM2.5 nonattainment areas are set out
in Title I subpart 1 of the Act.1
Historically, Libby was designated
nonattainment for PM10 by operation of
law on November 15, 1990 (56 FR
56694, 56794, November 6, 1991), under
CAA section 107(d)(4)(B) and was
classified as ‘‘Moderate.’’ The PM10
attainment plan was approved by EPA
on August 30, 1994 (59 FR 44627).
Montana has submitted revisions to the
Lincoln County Air Pollution Control
Program (herein referred to as the
Program) and the Libby and Vicinity
PM2.5 Control Plan (herein referred to as
the Libby attainment plan) for the
purpose of demonstrating attainment of
the annual PM2.5 NAAQS. After public
notice, public hearings regarding these
two submittals were held on February
27, 2006 for the Lincoln County Air
Pollution Control Program and on
March 25, 2008 for the Libby and
Vicinity PM2.5 Control Plan. The
Montana Board of Environmental
Review approved the revised Lincoln
County Air Pollution Control Program
on March 23, 2006 and the Libby
attainment plan on March 25, 2008.
Montana has met the requirements of
Section 110(a)(2) for reasonable notice
and public hearings.
B. PM10 SIP Revisions to the Lincoln
County Air Pollution Control Program
Montana submitted revisions to the
PM10 SIP for the Lincoln County Air
Pollution Control Program for the Libby
nonattainment area to improve and
strengthen the PM10 attainment plan.
The revisions include several provisions
to regulate solid fuel burning devices
and require owners and operators to
obtain operating permits. Operating
permits may only be issued for EPAcertified woodstoves or for pellet stoves.
Furthermore, only specified materials
can be burned in these devices, and
visible emissions of greater than 20%
opacity from them are prohibited.
Additionally, these provisions allow for
air pollution alerts if PM10 or PM2.5
concentrations averaged over a 4-hour
period exceed a level 20 percent below
any federal or state particulate matter
standard. Provisions are also included
for penalties for non-compliance and
contingency measures.
Additionally, revisions were made for
open and outdoor burning regarding
prohibited materials, major open
burning and management burning,
minor open burning or residential open
1 Subpart 1 applies to nonattainment areas
generally.
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Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules
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burning, and special burning. These
revisions generally included significant
limits on the time periods for open
burning activities as compared to the
existing PM10 SIP. Further restrictions
also include prohibitions on burning
from November 1 to March 31, which is
the winter-time period when
exceedances of PM2.5 typically occur.
Lincoln County’s Program prohibits
burning the same materials as the State
but is more restrictive because the
burning of trade waste, Christmas tree
waste, leaves, grass clippings and
stumps is prohibited within the Air
Pollution Control District 2 (herein
referred to as the District). The June 26,
2006 submittal also included a
stringency analysis for the Program
showing that the revisions are more
stringent than comparable State law.
C. Libby and Vicinity PM2.5 Control Plan
The Libby attainment plan provides a
demonstration that the annual PM2.5
NAAQS will be met by April 2010
through the implementation of the
Lincoln County Program described in
section B above. The Libby attainment
plan includes an emissions inventory
(EI), a woodstove air pollution control
calculation, and a technical analysis
showing that the emissions of PM2.5 will
be reduced sufficiently to meet the
NAAQS. The key components of the
Libby attainment plan are described as
follows:
1. Ambient air quality monitoring in
the Libby area began in 1999 and is
conducted using Federal Reference
Method (FRM) PM2.5 samplers at the
Courthouse Annex site in downtown
Libby. Based on monitoring data from
the years 2001 to 2003, the 3-year
annual design value was 15.9 μg/m3,
which is a violation of the annual PM2.5
NAAQS. In February 2002, speciation
monitoring was conducted to determine
possible PM2.5 emission sources. The
results identified organic carbon as the
main component of wintertime PM2.5
emissions. Further ambient monitoring
was conducted from November 2003 to
February 2004 to determine the
geographic distribution of PM2.5
concentrations. After additional
monitoring from various locations
beyond Libby city limits and
meteorological data from Libby
Courthouse Annex site, it was
determined that the Libby Courthouse
Annex site represented the worst-case
ambient PM2.5 levels in the area.
2. A chemical mass balance study
(CMB) was conducted during the winter
of 2003–2004 by the University of
2 The boundaries of the District are identical to
those for the nonattainment area.
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Montana, Center for Environmental
Health Sciences (UM–CEHS). The goal
of the CMB study was to identify those
emission sources in the Libby area that
contributed to elevated PM2.5
concentrations. The CMB model runs
indicated that emissions from
residential wood combustion were the
major source of the fine particles on the
PM2.5 filters, averaging 82% during the
CMB study period (i.e., winter months).
Other contributing PM2.5 sources
identified by the CMB model were
automobile exhaust (7%), ammonium
nitrate (5%), diesel exhaust (4%), and
sulfate (2%).3
3. Carbon 14 (14C) analysis, as a part
of the CMB study completed by UM–
CEHS, was conducted by the University
of Arizona’s Accelerator Mass
Spectrometry Laboratory Facility to
provide further evidence that wood
combustion was the major source of
PM2.5 emissions in Libby.4
4. The Libby base year PM2.5 EI
included a quantification of actual PM2.5
emissions and apportioned the
emissions on a seasonal and annual
basis for point and area sources. The
State used calendar year 2005 as the
base year for the development of an EI
for the Libby area. The EI was used to
support a proportional rollback model
for the emission control plan. The State
developed information for 2005 that
allowed for the calculation of residential
wood combustion and commercial fuel
use.
5. The Libby PM10 SIP as revised also
serves as the control plan for emissions
of PM2.5. Controls exist for reducing
emissions from re-entrained road dust
through aggressive street sweeping and
flushing, and traction sand durability
requirements. Emissions of organic
carbon are controlled through
residential woodstove regulations and
outdoor burning restrictions.
6. A significant part of the PM2.5
control strategies has been the
completion of a woodstove changeout
program. Approximately 1,130
uncertified woodstoves were replaced
with EPA-certified woodstoves or pellet
fuel burning devices. After the
changeout, PM2.5 emissions have been
reduced from approximately 138.78
tons/year to 57.21 tons/year, a decrease
of 59%.
PM2.5 control strategies are primarily
focused on residential wood
combustion. The control strategies also
include: air pollution alerts may be
3 Ward, T.J., Rinehart, L.R., Lange, T. The 2003/
2004 Libby, Montana PM2.5 Source Apportionment
Research Study. Aerosol Science and Technology.
Vol. 40:166–177. 2006.
4 Ibid.
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declared during the winter months;
solid fuel burning devices must have an
operating permit; only EPA-certified
woodstoves and pellet fuel burning
devices can obtain permits; and only
permitted pellet fuel devices can
operate during air pollution alerts.
Other control strategies for PM2.5 have
included an expanded area for the
prescribed burning control program and
the continuing federal tailpipe
standards.
7. Analysis for RACT/RACM was
conducted for the Libby area. EPA’s
RACT/RACM guidance covers three
general source categories: stationary,
mobile and area (79 FR 20586). The
Libby PM2.5 CMB study did not identify
any emissions from local stationary
sources, only a minor amount from
mobile sources, and a significant
amount from an area source category—
residential wood combustion. EPA’s
area source RACM guidance covers four
source categories: (1) Reduced solvent
usage or solvent substitution; (2)
controls on charbroiling or other
commercial cooking operations; (3)
controls on woodstoves and fireplaces;
and (4) new or improved regulations on
open burning (79 FR 20586 and 20621).
The Libby attainment plan concluded
that wood combustion control strategies
and more stringent rules on open
burning constituted RACM for area
sources. The analysis further noted that
the other two categories of area sources,
commercial users of solvent and
commercial cooking, were infrequent in
the Libby area. The analysis also
considered mobile sources, but
determined that in light of their small
contribution to PM2.5 nonattainment,
existing federal tailpipe standards and
natural turnover rates of the local
vehicle fleet made additional measures
for mobile sources unnecessary.
8. The Lincoln County Air Pollution
Control Program is legally enforceable
by Lincoln County, and by the State
should Lincoln County fail to
administer the program. The Libby
attainment plan also provides for
contingency measures if the NAAQS are
exceeded after implementation. There is
one contingency measure for wood
burning for space heating purposes if it
is determined that wood burning
emissions contribute to an exceedance
of the PM2.5 NAAQS, then only biomass
pellet fuel burners may operate within
the District. Other contingency
measures are included for re-entrained
dust and industrial facilities. There is
also a review process to consider
permanent adoption of a contingency
measure.
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C. Analysis of Montana’s Submittals
V. EPA’s Analysis of Montana’s
Submittal
A. PM10 SIP Revisions to Lincoln County
Air Pollution Control Program
EPA’s summary of the PM10 SIP
revisions is addressed in detail under
section IV.B. These revisions were made
for two purposes: (1) To address PM2.5
attainment plan requirements; and (2) to
improve and strengthen requirements
for continued attainment of PM10. The
revisions are a significant improvement
to a plan that was approved by EPA 16
years ago. The Libby area has not had
an exceedance of the PM10 NAAQS
since 1993. Furthermore, clarifications
were made to the language to better
explain to the public the requirements
of the air quality program. The revisions
removed exemptions and replaced them
with requirements for obtaining permits
for wood burning appliances. These
revisions also added enforcement
provisions where previously none had
existed.
Section 110(l) of the Clean Air Act
states that a SIP revision cannot be
approved if the revision would interfere
with any applicable requirement
concerning attainment and reasonable
further progress toward attainment of
the NAAQS or any other applicable
requirement of the Act. The Libby area
is currently meeting the NAAQS for all
criteria pollutants and has not had any
violations of the PM10 standard for over
a decade. Furthermore, the revisions do
not relax the stringency of any SIP
provision; in fact, the revisions
generally strengthen the SIP. As a result,
the PM10 SIP revisions do not interfere
with attainment of the NAAQS or any
other applicable requirement of the Act.
Therefore, section 110(l) requirements
are satisfied.
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B. Attainment Demonstration
In accordance with section 172(c) of
the CAA and the implementation rule,
the attainment plan submitted by
Montana for the Libby area included: (1)
Emission inventories for the plan’s base
year (2005) and projection year (2009);
and (2) an attainment demonstration
consisting of: (a) Technical analyses that
locate, identify, and quantify sources of
emissions contributing to violations of
the annual PM2.5 NAAQS; (b) analyses
of future-year emission reductions and
air quality improvements expected to
result from national and local programs,
and from new measures to meet RACT/
RACM requirements; (c) adopted
emission reduction measures; and (d)
contingency measures.
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3. Emission Inventory
1. Pollutants Addressed and Attainment
Date
CAA section 172(c)(3) states that for
nonattainment areas, the State shall
prepare a statewide emission inventory
no later than three years after
designation. The baseline emission
inventory for calendar year 2005 or
another suitable year shall be used for
attainment planning (40 CFR
51.1008(b)). EPA promulgated the Air
Emissions Reporting Rule (AERR) (40
CFR part 51, subpart A) in order to
consolidate the various reporting
requirements that already exist,
including those requirements outlined
in the PM2.5 implementation rule. The
AERR requires states to report statewide emissions every three years.
Montana prepared a statewide emission
inventory for 2005. This inventory
included annual totals of emissions of
criteria pollutants and their precursors.
The State used data from this statewide
inventory to create an emission
inventory specific to the Libby area.
Monitoring data for 2005 showed an
exceedance of the PM2.5 annual
standard. The year 2005 is a suitable
year for attainment planning because an
emission inventory for this year is
representative of ambient emission
levels that led to the exceedance of the
annual standard. The 2005 emission
inventory showed that residential wood
burning comprised 82% of the direct
PM2.5 emissions during the winter. The
next largest direct source, road dust,
was 11%, followed by locomotive
emissions at 3.4%. The remaining
criteria pollutant emissions were very
minor, including the precursors of PM2.5
(i.e., NOX and SO2). Background values
of PM2.5 were accounted for by the State
using monitored data collected at
remote stations far away from emissions
sources in the Libby area. EPA notes
that the State used a conservative
emission inventory approach for
projecting future growth for the 2010
attainment year which involved
increasing the vehicle emissions by
2.1% (the population growth rate) from
the 2005 base year inventory, and not
taking any credit for potential emission
reductions that may have been available
from fleet turnover and the Federal
tailpipe standards for vehicles.
Condensable particulate matter was not
considered in the emission inventory
because of a lack of sources in the Libby
area.
In accordance with policies described
in the implementation rule, Montana’s
PM2.5 attainment plan evaluates
emissions of direct PM2.5, SO2 and NOX
in the Libby area. Montana provided
documentation of expeditious
attainment of the annual PM2.5 NAAQS
in the Libby area by April 2010. Areas
that demonstrate attainment by 2010 are
considered to have satisfied the
requirement to show reasonable further
progress toward attainment and need
not submit a separate RFP plan. For
similar reasons such areas are also not
subject to a requirement for a midcourse review.
Montana’s evaluation of emissions is
based on the work conducted by UM–
CEHS for the CMB model runs
indicating that emissions from
residential wood combustion were the
major source (82%) of the fine particles
on the PM2.5 filters. Other PM2.5 sources
identified by the CMB model were
automobile exhaust (7%), ammonium
nitrate (5%), diesel exhaust (4%), and
sulfate (2%). In addition, a Carbon 14
analysis confirmed that wood
combustion is the major source of PM2.5
emissions in the Libby area and that
emissions of both SO2 and NOX are very
minor compared to PM2.5 emissions
from residential wood combustion. As
described in the emissions inventory,
the sources of SO2 are from home
heating oil and sources of NOX are from
on-road and off-road mobile sources (see
further discussion in section V.C.7. on
NOX emissions from mobile sources).
2. Monitoring Data
As shown in the table below, the
annual weighted average for 2009 shows
that the Libby area has met the April
2010 deadline for the 1997 PM2.5
NAAQS. The trend in annual average
concentrations is downward and
coincides with the implementation of
the woodstove changeout program. This
is based on quality-controlled and
quality-assured monitoring data from
2005–2009 that is available in the EPA
Air Quality System (AQS).
TABLE V.2–1
Year
2005
2006
2007
2008
2009
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Annual weighted average
(μg/m3)
............
............
............
............
............
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15.8
15.2
13.0
12.9
10.7
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4. Modeling
CAA Section 172(c) requires states
with nonattainment areas to submit an
attainment demonstration. A PM2.5
attainment demonstration consists of (1)
analyses which estimate whether
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selected emissions reductions will
result in ambient concentrations that
meet the NAAQS and (2) a set of control
measures which will result in the
required emissions reductions.
Montana’s analysis of future-year
emissions reductions and air quality
improvements was based on a
proportional rollback model for showing
attainment of the standard and a roll
forward model demonstrating
attainment in the future. The
proportional models were applied in
conjunction with the findings from
chemical mass balance and Carbon 14
studies conducted by the University of
Montana.
In the particular case of Libby, a
proportional model is more appropriate
than dispersion models. The great
majority of periods with elevated PM2.5
concentrations in Libby occur during
wintertime stagnation conditions.
Furthermore, dispersion in Libby is
constrained by steep terrain. The most
suitable approach for stagnation
conditions should be determined on a
case-by-case basis, (see sections 7.2.8
and 8.3.4.2(b) of the Guideline on Air
Quality Models, 40 CFR part 51,
appendix W), and an alternative model
should be selected by the EPA Regional
Office when a preferred model is less
appropriate (see section 3.2.2 of the
Guideline).
The proportional model used the
emission inventory for 2005 when there
was an exceedance of the standard. The
decrease in PM2.5 emissions for the
Libby area resulting from the woodstove
changeout program was calculated
based on the amount of wood burned by
the EPA-certified woodstoves and then
compared to the amount of emissions
resulting from burning the same amount
of wood from the uncertified
woodstoves that were still in use. The
decrease in emissions would be an
indication of the effectiveness of the
control strategy. Montana estimated that
PM2.5 emissions would be reduced by
81.57 tons as a result of the new EPAcertified woodstoves installed in Libby
households.
The State projected future annual
average PM2.5 concentrations for Libby
at 9.5 μg/m3. This projection was based
on the installation of the new stoves and
a 100 percent compliance with the
wood burning restrictions for Libby.
EPA’s guidance is based on emission
sources complying with state and local
restrictions on emission sources
(Emissions Inventory Guidance for
Implementation of Ozone and
Particulate Matter National Ambient Air
Quality Standards (NAAQS) and
Regional Haze Regulations, appendix B,
EPA–454/R–05–001, August 2005.) The
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guidance defines rule effectiveness (RE)
as a method to account for the reality
that not all emission sources are in
compliance 100% of the time.
The guidance provides a listing of the
factors that are most likely to affect RE.
EPA used a conservative 70% RE
instead of a 100 percent compliance to
determine if Libby would still reach
attainment of the PM2.5 standard. EPA
estimated that using the more
conservative compliance percentage for
wood burning restrictions, the future
value for Libby would still be below the
PM2.5 standard of 15 μg/m3. As stated
above in Table V.2.–1 the Libby area
2009 annual average is currently 10.7
μg/m3.
5. RACT/RACM
Determination of RACT/RACM is a
three-step process: (1) Identifying
potential measures that are reasonable;
(2) modeling to identify the attainment
date that is as expeditious as
practicable; and (3) selecting RACT/
RACM. Identification of potential
measures should ordinarily be
supported by an inventory of emissions
of directly emitted PM2.5 and of
precursors from the relevant sources
and source categories; the
technologically feasible control
measures for each source or source
category; and, for each measure, the
control efficiency, possible emission
reductions by pollutant, estimated cost
per ton, and the date by which the
measure was or could be implemented;
and other relevant information.
For the first step, identification of
potential measures that are reasonable,
Montana supported its RACT/RACM
analysis with the emissions inventory
and the CMB study. The RACT/RACM
analysis first noted that there are no
major stationary sources of PM2.5 in the
Libby area. It also noted that minor
stationary sources are currently
regulated under Montana’s minor source
program, which requires permits and a
Best Available Control Technology
(BACT) review. As discussed in the
implementation rule, if state or federal
rules already regulate a given sector, it
is reasonable for a state to look to
unregulated sectors for RACT/RACM
measures. Furthermore, the
implementation rule permits the state to
use reason in the extent of its effort to
identify potential control measures. For
example, the rigor of the analysis may
depend on the relative contribution of a
particular pollutant to the PM2.5
nonattainment problem (72 FR 20613).
As shown by the CMB study, stationary
sources are a very minor contributor to
PM2.5 nonattainment in Libby.
Similarly, the RACT/RACM analysis
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reasoned that mobile sources are
currently regulated, make only a minor
contribution to the nonattainment
problem, and the overall emissions will
continue to be reduced through fleet
turnover. Thus, the first step focused on
measures for area sources.
The analysis further noted that two
types of area sources (commercial users
of solvents and commercial charbroilers
or other commercial cooking operations)
were infrequent in the Libby area. The
analysis also discussed re-entrained
road dust, which the CMB study did not
identify as a contributor to PM2.5
nonattainment, and noted that there
were existing SIP provisions to control
road dust. As to home heating oil, a
source of SO2, the CMB study found
only a 2% contribution to PM2.5
nonattainment for all sulfates combined.
Thus, the RACM analyses focused on
the remaining area sources of wood
burning devices and open burning and
identified several control measures to be
included in the attainment plan.
For the second step, as discussed in
more detail in section V.C.4, Montana
modeled attainment by 2010 based on
adoption of these reasonable control
measures. Finally, for the third step,
based on the analysis, Montana selected
and adopted RACM for wood burning
devices and open burning. For wood
burning devices, the State developed
and implemented a woodstove
changeout control strategy. The
woodstove changeout permanently
removed 1,130 old, uncertified
woodstoves and replaced them with
EPA-certified woodstoves or pellet
stoves. Additionally, the State adopted
measures that require permits for solid
fuel burning devices (including
woodstoves) and restrict installation
and operation of these devices to three
categories: pellet stoves, devices with a
catalytic emissions control system, and
devices with a non-catalytic emissions
control system. For the latter two,
emission limits are imposed.
RACM measures were also included
for major open burning, management
burning, residential burning, and
special burning. The PM2.5 attainment
plan includes BACT and permits for an
expanded area, which is the entire Air
Pollution Control District, for all of
these different types of burning
activities. Additionally, these burning
activities were restricted to shorter time
periods.
In summary, the State evaluated, by
source category, sources of direct PM2.5,
SO2 and NOX for RACT/RACM control
measures. The State’s evaluation of
sources of SO2 and NOX resulted in
their decision that no additional
controls are necessary to attain the
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emcdonald on DSK2BSOYB1PROD with PROPOSALS
NAAQS based on the absence of major
sources or area sources that can be cost
effectively or reasonably controlled. The
State therefore adopted RACM for direct
PM2.5. In accordance with Section 172(c)
of the CAA, Montana has adopted all
RACT/RACM needed to attain the
standards as expeditiously as
practicable. EPA has reviewed
Montana’s RACT/RACM analysis and
has determined that the state reasonably
identified potential control measures,
modeled the attainment date that is as
expeditious as practicable and
reasonably selected RACT/RACM for
the Libby area.
6. Contingency Measures
In conformance with Section 172(c)(9)
of the CAA, the implementation rule
requires that PM2.5 attainment area
plans include contingency measures.
These measures must be fully adopted
or otherwise ready for quick
implementation, should contain trigger
mechanisms and an implementation
schedule, should be measures not
included in the SIP control strategy, and
should provide the equivalent of one
year of RFP. Once triggered, a
contingency measure should take effect
without further action by the State or
EPA.
The Libby SIP contains contingency
measures for residential wood burning,
re-entrained dust, and industrial
facilities. If it is determined that
residential wood burning contributes to
an exceedance of the PM2.5 NAAQS,
then only biomass pellet fuel burners
may operate within the District. If reentrained dust contributes to
noncompliance, then the existing
regulations (which currently only apply
in a limited area) are made applicable to
the entire Air Pollution Control District.
Finally, if an industrial facility
contributes to noncompliance, the
Montana Department of Environmental
Quality (MTDEQ) will initiate
contingency measures to reduce
emissions. Once a contingency measure
is initiated, it must remain active until
the Libby SIP demonstration is revised
and resubmitted to EPA for approval.
The contingency measures for
residential wood burning and reentrained dust meet the requirements of
the implementation rule. The
contingency measure for major point
sources would require further action by
MTDEQ to determine whether
additional controls are necessary.
However, the contingency measures for
residential wood burning and re-
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entrained dust are sufficient to meet the
requirements of the CAA, including
equivalence to one year of RFP.
7. Transportation Conformity
Requirements
Transportation conformity is required
under CAA section 176(c) (42 U.S.C.
7506(c)) to ensure that transportation
plans, transportation improvement
programs (TIPs) and federally supported
highway and transit projects are
consistent with (‘‘conform to’’) the state
air quality implementation plan.
Transportation conformity applies to
areas that are designated nonattainment,
and to those areas redesignated to
attainment after 1990 with a CAA
section 175A maintenance plan
(‘‘maintenance areas’’), for
transportation-related criteria
pollutants: carbon monoxide (CO), NOX
and particulate matter (PM2.5 and PM10).
EPA’s transportation conformity rule
(40 CFR parts 51 and 93) establishes the
criteria and procedures for determining
whether transportation activities
conform to the SIP. One requirement of
the rule is that transportation plans,
TIPs, and projects must satisfy a
regional emissions analysis for the
relevant pollutants and precursors (40
CFR 93.118, 119). However, section
93.109(m) of this rule states that an area
is not required to satisfy a regional
emissions analysis for a pollutant or
precursor if the SIP demonstrates that
motor vehicle emissions of that
pollutant or precursor are an
insignificant contributor to the area’s air
quality problem. In today’s notice, EPA
is proposing to find that motor vehicle
emissions of PM2.5 and NOX are
insignificant contributors to Libby’s
PM2.5 nonattainment problem. If this
proposal is finalized, PM2.5 and NOX
motor vehicle emissions budgets
(MVEB) would not be established and a
regional emissions analysis would not
be required for either PM2.5 or NOX in
any future conformity determination in
Libby. Please note, however, that this
proposed action would not apply to
PM2.5 hot-spot analyses for individual
projects, if such an analysis is required
in the future for transportation
conformity purposes.
There are specific transportation
conformity provisions that EPA
proposes to determine as applicable to
the Libby PM2.5 nonattainment area. As
provided in more detail in 40 CFR
93.109(m), these specific conformity
provisions are addressed when EPA
finds that emissions from motor
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vehicles in the Libby PM2.5
nonattainment area are an insignificant
contributor to the areas’ nonattainment
problem for a relevant NAAQS and/or
precursor.
To consider making such an
insignificant finding, EPA evaluated the
provisions of 40 CFR 93.109(m) against
the relevant information contained in
the SIP attainment plan, the SIP
revision’s associated technical support
document (TSD), and additional
information as developed by EPA. We
evaluated the following factors in
determining whether on-road direct
PM2.5 and NOX emissions are
insignificant contributors to the area’s
PM2.5 air quality problem; (1) the
percentage of motor vehicle emissions
in the context of the total SIP inventory;
(2) the current state of air quality as
determined by monitoring data for that
NAAQS; (3) the absence of SIP motor
vehicle control measures; and (4)
historical trends and future projections
of the growth of motor vehicle
emissions. Our evaluation and
conclusions are as follows:
a. The Percentage of PM2.5 Motor
Vehicle Emissions in the Context of the
Total SIP Inventory
This factor, with regard to PM2.5
emissions, is addressed in two areas of
the SIP revision documentation. Table
27.12.11.4B (‘‘PM2.5 Annual
Demonstration of Compliance’’) of the
Libby attainment plan provides relevant
information with regard to 2003–2004
CMB percentages by source category,
percent reduction in emissions due to
control strategies, estimated growth in
emissions over the 2005 to 2010 time
period, and 2010 compliance year
contributions. The dominant CMB
source was residential woodstoves at
82% with motor vehicle tailpipe
emissions at 7% of total PM2.5 mass and
diesel exhaust at 4% of the total PM2.5
mass.
The contribution of motor vehicle
PM2.5 emissions is also documented in
Table 5.1A (‘‘Seasonal PM 2.5 Emissions
in Libby by Source Category’’) of the
SIP’s TSD. Table 5.1A presents
estimated emissions based on metric
tons and percentage of the inventory for
2005, by season; we have provided these
motor vehicle tailpipe PM2.5 emissions,
as percent of total PM2.5 emissions, in
Table V.7–1 below. We note that in
Table 5.1A of the SIP’s TSD, the
inventory is dominated by woodstove
emissions in all four seasons.
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TABLE V.7—1 MOTOR VEHICLE PM2.5 EMISSIONS PERCENTAGE OF TOTAL INVENTORY FOR 2005
(All figures are in metric tons)
Motor vehicle
PM2.5 emissions
Season
Total inventory
PM2.5 emissions
0.48
0.55
0.66
0.51
2.2
80.63
46.43
13.66
97.67
238.38
Winter ...............................................................................................................................
Spring ...............................................................................................................................
Summer ...........................................................................................................................
Fall ...................................................................................................................................
Total Year .................................................................................................................
As shown in Table V.7.–1 above,
motor vehicle tailpipe PM2.5 emissions
represent an annual average of only
0.92% of the total PM2.5 inventory. That
is, motor vehicle emissions are less than
one percent of the inventory over the
course of a year. During the summer,
motor vehicle emissions make up close
to five percent of the inventory, but
motor vehicle emissions are only
slightly higher during the summer than
during other seasons. The motor vehicle
emissions percentage is much greater
during the summer compared with other
seasons primarily because total PM2.5
emissions are significantly reduced
during the summer compared to other
seasons; summer is the season with the
fewest emissions from woodstoves. The
information provided in the State’s
submittal supports a conclusion that
regional PM2.5 on-road mobile source
emissions are a minimal percentage in
the context of the total PM2.5 emissions
inventory. Therefore, this factor
supports the proposed finding that onroad PM2.5 emissions are insignificant
for the Libby PM2.5 nonattainment area.
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b. The Current State of Air Quality as
Determined by Monitoring Data for the
PM2.5 NAAQS
This factor is addressed as shown in
the table below. From the State’s SIP
revision and section V.B.2 above, from
2007 to 2009 the Libby area continues
to demonstrate attainment of the 1997
annual PM2.5 NAAQS. Furthermore, the
trend in annual average concentrations
is downward and coincides with the
implementation of the woodstove
changeout program. This data is based
on quality-controlled and qualityassured monitoring data from 2005–
2009 that are available in the EPA AQS.
This factor supports the proposed
finding that on-road PM2.5 emissions are
insignificant for the Libby PM2.5
nonattainment area.
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TABLE V.2.–1
Year
2005
2006
2007
2008
2009
PM2.5 annual weighted average
(μg/m3)
............
............
............
............
............
15.8
15.2
13.0
12.9
10.7
c. The Absence of SIP Motor Vehicle
Control Measures for PM2.5
The Libby PM2.5 attainment plan
relies on a 59% reduction in residential
woodstove emissions to reach
attainment of the annual PM2.5 NAAQS
and took no credit for any emission
reductions in the motor vehicle tailpipe
and diesel exhaust categories (e.g.
Federal tailpipe emission standards and
fleet turnover). The State further
described these assumptions in sections
27.12.7.3 (‘‘Federal Tailpipe Standards
Control Program’’) and 27.12.11.4
(‘‘PM2.5 2010 Demonstration of
Compliance’’) of the Libby attainment
plan. EPA also notes there is no State or
local mandated motor vehicle emission
control requirements (e.g., inspection
and maintenance program, fuels, or
transportation control measures) for the
Libby PM2.5 nonattainment area.
Therefore, this factor supports the
proposed finding that on-road PM2.5
emissions are insignificant for the Libby
PM2.5 nonattainment area.
d. Historical Trends and Future
Projections of the Growth of Motor
Vehicle PM2.5 Emissions
Libby’s annual PM2.5 2001–2003
design value was 15.9 μg/m3. In
November 2003 through February 2004
air quality data was collected in Libby
to support CMB modeling. This CMB
modeling showed that residential wood
smoke was the primary source of PM2.5
in Libby. Table 27.12.11.4B in the Libby
attainment plan shows that, when the
results of the CMB modeling are applied
to the air quality data from 2001–2003,
residential wood smoke contributed
13.0 μg/m3 (82%) of the 2001–2003
annual PM2.5 design value, motor
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Fmt 4702
Sfmt 4702
Motor vehicle
emissions % of
total
0.59
1.18
4.83
0.52
0.92
vehicle tailpipe emissions contributed
1.1 μg/m3 (7%), and diesel exhaust
emissions contributed 0.7 μg/m3 μg/m3
(4%). Based on the results of this
modeling Montana based its attainment
strategy for the area on a woodstove
change-out program.
The SIP assumes that the woodstove
change-out program will reduce those
emissions by 59% in 2010. The SIP also
assumes that motor vehicle tailpipe
emissions and diesel exhaust emissions
would grow by 2.1% between 2005 and
2010, which is equal to the expected
population growth rate during that
period. The SIP does not account for
any reductions in motor vehicle
emissions or diesel exhaust that would
occur due to fleet turnover to new lower
emission motor vehicles, on-road diesel
vehicles or off-road equipment. Table
27.12.11.4B in the Libby attainment
plan shows that in 2010 the predicted
annual average PM2.5 concentration
would be 8.37 μg/m3. The table also
shows that residential wood smoke is
expected to contribute 5.44 μg/m3 (65%)
in 2010, motor vehicle tailpipe
emissions would contribute 1.12 μg/m3
(13%), and diesel exhaust emissions
would contribute 0.71 μg/m3 (8%). As
can be seen, on a percentage basis the
contribution of motor vehicle emissions
and diesel exhaust increases; however,
overall PM2.5 concentrations are
expected to decrease by 53% to 8.37 μg/
m3, the contribution of wood smoke
emissions is expected to decrease by
59%, and the total contribution of
emissions from motor vehicles and
diesel exhaust to PM2.5 mass in 2010 is
expected to increase by only 0.03 μg/m3
between 2005 and 2010. This increase
in mass is due to the assumptions that
emissions from these sources increase at
the same rate as population growth and
that no emissions reductions from fleet
turnover are included in the
calculations. Both of these are
conservative assumptions.
EPA notes that the contribution of
motor vehicle emissions of 13% to PM2.5
mass in 2010 represents the projected
chemical mass balance of PM2.5 and not
an emission inventory projection. The
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SIP includes a base year PM2.5 inventory
(Table 5.1A) for 2005. That inventory
shows that motor vehicle emissions of
PM2.5 are 2.20 tpy and that total PM2.5
emissions in the base year are 238.39
tpy. Therefore, the motor vehicle
emissions in the base year are slightly
less than 1% of the total direct PM2.5
emissions. On the surface this may seem
to be in conflict with the results of the
CMB modeling, which shows that motor
vehicle exhaust contributed about 7% of
the PM2.5 mass in the base year.
However, it should be noted that the
chemical mass balance data and the
PM2.5 data collected at the Libby
Courthouse Annex represents only one
receptor within the City of Libby, and
only for the period of late 2003 through
early 2004. While this location is
believed to be representative of Libby’s
air quality, numerous factors influence
the local particulate matter
concentrations and air quality. Local
scale meteorology (wind speed, wind
direction, temperature, relative
humidity, barometric pressure, and
solar radiation at a minimum), traffic
patterns, and precipitation are a few
examples of these factors which vary
throughout the city. Accepting that
variable conditions exist throughout
Libby, as well as the inherent
uncertainty associated with ambient air
monitoring, the difference that exists
between PM2.5 monitoring data at one
receptor and a city-wide emission
inventory appears to be plausible.
We also note that the actual location
of the monitor may have exposed it to
additional influence from motor vehicle
emissions. We have not performed an
in-depth analysis, but we do note that
the monitor is located directly adjacent
to U.S. Highway 2, the main north/south
highway through Libby. Although motor
vehicle PM2.5 emissions are shown to be
minimal in the State’s emissions
inventory (ref. Table 5.1A: ‘‘Seasonal
PM2.5 Emissions in Libby by Source
Category’’ and Table V.7.-1 above),
motor vehicle emissions may have
shown a greater than anticipated
contribution on the chemical mass
balance analysis due to the monitor’s
close proximity to Highway 2.
Overall, this factor supports the
proposed finding that on-road PM2.5
emissions are insignificant for the Libby
PM2.5 nonattainment area. In summary,
all four factors support the proposed
finding. After weighing these four
factors described in 40 CFR 93.109(m)
and evaluated above, EPA proposes to
find that on-road PM2.5 emissions are
insignificant for the Libby PM2.5
nonattainment area. We turn to applying
the four factors to on-road NOX
emissions.
e. The Percentage of NOX Motor Vehicle
Emissions in the Context of the Total
SIP Inventory
The Libby attainment plan focuses on
directly emitted PM2.5 and controls of
PM2.5 emissions from woodstoves and
does not address any motor vehicle NOX
emissions other than to indicate in
Table 27.12.11.4B ‘‘PM2.5 Annual
Demonstration of Compliance’’ that the
CMB data show that ammonium nitrate
was only 5% of the mass found on the
filters. EPA, therefore, drew upon other
relevant, available data to evaluate
whether NOX motor vehicle emissions
in the Libby PM2.5 nonattainment area
are significant and require that a NOX
motor vehicle emissions budget be
established for transportation
conformity purposes or whether on-road
NOX emissions could be found
insignificant based on the criteria in 40
CFR 93.109(m).
EPA reviewed relevant information
from EPA’s National Emissions
Inventory (NEI) data for 2005 that were
used for the 2009 final designations for
the 24-hour 2006 PM2.5 NAAQS (74 FR
58688, November 13, 2009).5 However,
since the NEI data were for Lincoln
County as a whole, we needed to assess
how much of the Lincoln County onroad NOX inventory could be
apportioned to the Libby PM2.5
nonattainment area. Our methodology
was to calculate how many vehicle
miles traveled (VMT) the Libby PM2.5
nonattainment area contributes to
Lincoln County’s total VMT and to
assign that same proportion of the total
Lincoln County on-road NOX emissions
to the Libby PM2.5 nonattainment area,
as explained further below. We then
needed to determine what percentage
this was of total NOX from the Libby
PM2.5 nonattainment area.
Specific emissions data for Lincoln
County, MT, which includes the Libby
PM2.5 nonattainment area, are presented
in Table V.7.–2 below and are from
EPA’s PM2.5 24-hour 2006 NAAQS final
designations information.
TABLE V.7.–2—(ALL EMISSION FIGURES ARE IN TONS PER YEAR)
Major category
Lincoln ..................
Lincoln ..................
Lincoln ..................
Lincoln ..................
Total ..............
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County
VOC
Fires ..............................
Non-Road ......................
On-Road ........................
Other-Stationary ............
........................................
6106
338
366
871
7681
NOX
SO2
310
2403
545
138
3395
NH3
277
169
15
74
535
PM2.5
425
1
23
57
506
2199
76
11
453
2738
OC
1286
16
3
108
1412
EC
219
55
6
16
296
SO4
20
0
0
5
25
NO3
10
0
0
1
11
PMFine
664
4
2
323
994
The ‘‘On-Road’’ or motor vehicle, 2005
NEI emissions were calculated by EPA
for Lincoln County based on a county
annual total of VMT of 231,246,800.
This VMT figure, which represents data
for the entire county, is also referenced
in our 2006 PM2.5 24-hour NAAQS final
designations information.6
Based on the 2005 NEI data
referenced above in Table V.7.–2,
Lincoln County’s total annual VMT of
231,246,800 results in approximately
545 tpy of on-road NOX. To calculate
the estimated on-road NOX emissions
for the Libby PM2.5 nonattainment area,
we first needed to determine what
percentage of Lincoln County’s total
VMT is attributed to the Libby PM2.5
nonattainment area. We then applied
that VMT percentage to the total Lincoln
County on-road NOX emissions to get
the estimated on-road NOX emissions
for the Libby PM2.5 nonattainment area.
The total VMT for the Libby PM2.5
nonattainment area, 54,877,360, came
from the MTDEQ.7 This is 23.73% of
Lincoln County’s total VMT (i.e.,
54,877,360 VMT from Libby divided by
231,246,800 VMT from Lincoln County
as a whole). It is reasonable to assume
that the Libby PM2.5 nonattainment area
contributes this same percentage of onroad NOX emissions to the total Lincoln
County on-road NOX emissions.
Therefore, we applied this 23.73% to
the Lincoln County total of 545 tpy of
5 The 2005 NEI data from EPA’s PM
2.5 24-hour
2006 NAAQS final designations information are
available at: https://www.epa.gov/ttn/naaqs/pm/
pm25_2006_techinfo.html.
6 See https://www.epa.gov/ttn/naaqs/pm/
pm25_2006_techinfo.html; Factor 4.B ‘‘Vehicle
Miles Traveled’’.
7 VMT data was communicated in a February 26,
2010, email from Jim Carlin of MTDEQ to Tim Russ
of EPA Region 8.
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on-road motor vehicle NOX emissions,
which results in approximately 129.33
tpy of on-road NOX emissions for the
Libby PM2.5 nonattainment area. In lieu
of other specific data, EPA considers
this approach a reasonable estimate of
the on-road NOX emissions for the Libby
PM2.5 nonattainment area.
Once we had a figure for the number
of tons of on-road NOX emissions from
Libby, the next step in our analysis was
to determine what percentage of the
total anthropogenic NOX this represents.
Again, since the NEI data available were
for Lincoln County as a whole, we
needed to assess how much of the
Lincoln County total anthropogenic
NOX could be apportioned to the Libby
PM2.5 nonattainment area. To do so, we
needed to establish what NOX emissions
were from anthropogenic sources in the
Libby PM2.5 nonattainment area other
than from on-road motor vehicle
tailpipes. To develop these particular
emissions figures, we assumed that the
percentage of Lincoln County’s
anthropogenic NOX coming from Libby
would be the same as the percentage of
Lincoln County’s anthropogenic PM2.5
emissions coming from Libby, as
described below.
First, we determined the
anthropogenic NOX emissions for
Lincoln County from the ‘‘Non-Road’’
and ‘‘Other Stationary’’ source
categories. We used the data from Table
V.7.–2 above and eliminated the
‘‘Fires’’ 8 and ‘‘On-Road’’ emissions
categories from the Lincoln County 2005
NEI data (see Table V.7.-3 below):
TABLE V.7.–3—(ALL EMISSIONS ARE IN TONS PER YEAR)
County
Major category
VOC
Lincoln ..................
Lincoln ..................
Total ..............
Non-Road ......................
Other-Stationary ............
........................................
The total anthropogenic NOX in
Lincoln County from sources other than
on-road is 2541 tpy.
Next, we summed-up the PM2.5
emissions from the Libby PM2.5
338
871
1209
NOX
SO2
2403
138
2541
NH3
169
74
243
PM2.5
1
57
58
OC
76
453
529
nonattainment area from the State’s SIP
emission inventory Table 5.1A, but did
not include emissions from fires (i.e.,
PM2.5 emissions from ‘‘Large Prescribed
Burning’’ and ‘‘General Burning’’ were
EC
16
108
124
55
16
71
SO4
PM
Fine
NO3
0
5
5
0
1
1
4
323
327
not included from the State’s Table
5.1A); see Table V.7.-4 below.
TABLE V.7.–4—LIBBY ANTHROPOGENIC PM2.5 EMISSIONS
(As adapted from Table 5.1A ‘‘Seasonal PM2.5 Emissions in Libby by Source Category’’ of the Libby Attainment SIP Emission Inventory)
Sources
Winter
Woodstoves Residential/Com. .........................................................................................
Paved Roads Fugitive Dust .............................................................................................
Large Prescribed Burning ................................................................................................
General Burning ...............................................................................................................
Locomotives .....................................................................................................................
Unpaved Roads Fugitive Dust .........................................................................................
Propane Heating Residential/Com. .................................................................................
Oil Heating Residential/Com. ..........................................................................................
Aircraft ..............................................................................................................................
Road & Building Construction Dust .................................................................................
Motor Vehicle Tailpipe .....................................................................................................
Total (Metric Tons) ...................................................................................................
Total Short Tons (2000 lbs. per ton) ........................................................................
Spring
66.65
8.92
----2.72
1.22
0.13
0.48
0.0
0.02
0.48
80.62
88.88
20.74
2.57
----2.72
1.34
0.04
0.15
0.03
0.36
0.55
28.50
31.42
Summer
5.08
3.23
----2.72
1.53
0.01
0.04
0.03
0.36
0.66
13.66
15.06
Fall
58.76
9.61
----2.72
1.2
0.11
0.42
0.0
0.36
0.51
73.69
81.24
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Total Annual Anthropogenic Short Tons of PM2.5 Emissions = 216.60 tons.
Based on the data in Table V.7.-4
above, the total annual anthropogenic
short tons of PM2.5 emissions (without
including emissions from the ‘‘Motor
Vehicle Tailpipe’’ category) from ‘‘NonRoad’’ and ‘‘Other Stationary’’ sources in
the Libby PM2.5 nonattainment area are
estimated as 214.17 tons per year.
The Libby PM2.5 nonattainment area’s
annual emissions of PM2.5 from ‘‘NonRoad’’ and ‘‘Other Stationary’’
anthropogenic sources is 214.17 tpy,
whereas these sources emit 529 tpy for
Lincoln County as a whole (see Table
V.7.-3 above). Therefore, Libby’s share
of Lincoln County’s PM2.5 emissions
from ‘‘Non-Road’’ and ‘‘Other Stationary’’
anthropogenic sources is approximately
40.48%.
We then added Lincoln County NOX
emissions from the ‘‘Non-Road’’ and
‘‘Other Stationary’’ sources categories,
2541 tpy (see Table V.7–3 above), and
attributed 40.48% of those emissions to
the Libby PM2.5 nonattainment area’s
NOX ‘‘Non-Road’’ and ‘‘Other Stationary’’
sources categories, which results in
1028.6 tpy. To summarize, EPA
estimated the Libby PM2.5
nonattainment area’s on-road NOX
motor vehicle emissions as 129.33 tpy,
and the non-road and other stationary
sources’ NOX emissions as 1028.6 tpy.
Therefore, the total estimated annual
anthropogenic NOX emissions from all
of these source categories are estimated
to be 1157.93 tpy for the Libby PM2.5
nonattainment area. The approximate
contribution of annual on-road NOX
motor vehicle emissions (129.33 tpy) to
the total estimated NOX annual
anthropogenic emissions from all
sources (1157.93 tpy) in the Libby PM2.5
nonattainment area is 11.17% of the
total inventory.
EPA indicated in its July 1, 2004
Transportation Conformity final rule (69
FR 40004) that mobile source emissions
8 The ‘‘Fires’’ category of the 2005 NEI relates to
wildfires, prescribed burns and such. This
correlates to the ‘‘Large Prescribed Burning’’ and
‘‘General Burning’’ categories in the State’s Table
5.1A.
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of approximately 10% may be
considered insignificant, but did not
make 10% a specific threshold. While
the 11.7% figure calculated for on-road
NOX in the Libby PM2.5 nonattainment
area is slightly greater than this, in this
same rulemaking EPA explained:
‘‘This example also illustrates the reason
EPA believes it is important to have
flexibility in implementing this provision.
Although the commenter specifically
mentions 10% as the threshold for finding
motor vehicle emissions insignificant, EPA
clarifies that this figure is a general guideline
only. Depending on the circumstances, we
may find that motor vehicle emissions that
make up less than 10% of an area’s total
inventory are still significant. Conversely, we
may also find that motor vehicle emissions
in excess of 10% are still insignificant, under
certain circumstances relating to the overall
composition of the air quality situation. In
general, the percentage of motor vehicle
emissions in the area’s total inventory is an
important criterion for determining whether
motor vehicles are a significant or
insignificant contributor to an area’s air
quality problem, yet there are other criteria
that EPA will examine when making this
finding, as described in the regulatory text for
§ 93.109(k).’’ (69 FR 40062) 9
As stated in the 2004 preamble, 10
percent is a guideline only. As
described below, EPA considered other
factors that lead EPA to propose that
motor vehicle emissions of NOX are an
insignificant regional contributor to the
PM2.5 nonattainment problem.
f. The Current State of Air Quality as
Determined by Monitoring Data for
PM2.5 NAAQS
This factor is addressed with the
ambient PM2.5 air quality data presented
in section V.7.B above which
demonstrate the Libby PM2.5
nonattainment area is attaining the
PM2.5 annual NAAQS. Additional data,
relevant to NOX or in this case nitrates
derived from NOX emissions,10 were
provided by EPA with the 2009 final
designations for the 24-hour 2006 PM2.5
NAAQS. This information, as provided
in Table V.7–5 below, is from EPA’s
PM2.5 24-hour 2006 NAAQS final
designations and is located at: https://
www.epa.gov/ttn/naaqs/pm/pm25_2006
_techinfo.html.
TABLE V.7–5—PM2.5 COMPOSITION DATA FOR LIBBY, MT
Area/County/State
PM2.5 composition data
Libby/Lincoln/MT ............
Nitrate
(μmg/m3)
Carbon
(μmg/m3)
Crustal
(μmg/m3)
Total
(μmg/m3)
1.4
0.9
0.5
1.2
1.0
0.8
0.4
0.4
0.0
0.0
41.9
2.4
39.5
6.7
2.5
0.3
0.2
0.1
0.8
1.1
44.4
3.9
40.5
8.7
4.6
2
10
1
0
0
94
62
98
77
54
0.2
1.0
0.0
0.1
4.2
12.8
0.0
0.4
4.4
14.3
0
1
95
90
Total Concentration (Cold) ......
Regional Concentration (Cold)
Urban Concentration (Cold) ....
Total Concentration (Warm) ....
Regional Concentration
(Warm).
Urban Concentration (Warm) ..
Total Concentration (Annual
Average).
As can be seen in Table V.7–5 above,
nitrates (as derived from NOX) are a very
small component of the PM2.5
composition found in the Libby PM2.5
nonattainment area. Therefore, NOX as
derived from motor vehicle tailpipe
emissions also is a very small
component. This factor thus supports
the proposed finding that on-road NOX
emissions are insignificant for the Libby
PM2.5 nonattainment area.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
Sulfate
(μmg/m3)
maintenance program, fuels, or
transportation control measures) for the
Libby PM2.5 nonattainment area.
Therefore this factor supports the
proposed finding that on-road NOX
emissions are insignificant for the Libby
PM2.5 nonattainment area.
g. The Absence of SIP Motor Vehicle
Control Measures for NOX
As discussed in section V.7.C above,
the Libby PM2.5 attainment plan took no
credit for any emission reductions in the
motor vehicle tailpipe and diesel
exhaust categories (e.g. Federal tailpipe
emission standards and fleet turnover).
The State further described these
assumptions in sections 27.12.7.3
(‘‘Federal Tailpipe Standards Control
Program’’) and 27.12.11.4 (‘‘PM2.5 2010
Demonstration of Compliance’’) of the
Libby attainment plan. EPA also notes
there is no State or local mandated
motor vehicle emission control
requirements (e.g., inspection and
h. Historical Trends and Future
Projections of the Growth of NOX Motor
Vehicle Emissions
As noted in our discussion in section
V.7.D above, the Libby attainment plan
uses a 59% reduction in residential
woodstove emissions to reach
attainment of the annual PM2.5 NAAQS
and took no credit for any emission
reductions in the motor vehicle tailpipe
and diesel exhaust categories. The State
further described these assumptions in
sections 27.12.7.3 (‘‘Federal Tailpipe
Standards Control Program’’) and
27.12.11.4 (‘‘PM2.5 2010 Demonstration
of Compliance’’) of the Libby attainment
plan. EPA notes that the State used a
conservative emission inventory
approach for projecting the 2010
attainment year future growth which
involved merely increasing the vehicle
9 EPA redesignated the insignificance provision of
the transportation conformity rule from 40 CFR
93.109(k) to 40 CFR 93.109(m) in its March 24, 2010
‘‘PM Amendments’’ final rule (75 FR 14260).
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Carbon
percent
emissions by 2.1% (the population
growth rate) from the 2005 base year
inventory, and not taking any credit for
potential emission reductions that may
have been available from fleet turnover
and the Federal tailpipe standards for
vehicles. In addition, as we noted above,
there are no State or local mandated
motor vehicle emission control
requirements (e.g., inspection and
maintenance program) for the Libby
PM2.5 nonattainment area.
This factor supports the proposed
finding that on-road NOX emissions are
insignificant for the Libby PM2.5
nonattainment area. After weighing
these four factors described in 40 CFR
93.109(m) and evaluated above, EPA
proposes to find that on-road NOx
emissions are insignificant for the Libby
PM2.5 nonattainment area.
10 Nitrogen oxides react in the atmosphere to form
nitrates. For our purposes, the impact of NOX
emissions is measured as the amount of nitrates
found at the PM2.5 monitor.
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Nitrate
percent
i. Conclusion
In view of our evaluation presented
above per 40 CFR 93.109(m), EPA is
proposing to find that direct PM2.5 and
NOX motor vehicle emissions are an
insignificant contributor to the air
quality issues associated with the PM2.5
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annual NAAQS in the Libby PM2.5
nonattainment area; thus, motor vehicle
emission budgets for on-road direct
PM2.5 and NOX would not be established
by this rulemaking. Based on our
evaluation of the four factors described
in 93.109(m), EPA proposes to conclude
that it would be unreasonable to expect
that the Libby PM2.5 nonattainment area
would experience enough motor vehicle
emissions growth such that a PM2.5
annual NAAQS violation would occur.
VI. Proposed Action
The EPA has reviewed Montana’s SIP
revision for attaining the 15μg/m3
annual PM2.5 NAAQS for the Libby
PM2.5 nonattainment area. EPA is
proposing to approve the State of
Montana’s revisions to the Lincoln
County Air Pollution Control Program to
be included in Montana’s SIP,
submitted on June 26, 2006, and the
Libby PM2.5 attainment plan, submitted
on March 26, 2008. Action was not
taken earlier on the June 26, 2006,
submittal at the request of the State of
Montana to delay action until the
submittal of the Libby PM2.5 attainment
plan at a later date. EPA has determined
that the SIP meets applicable
requirements of the CAA, as described
in the Clean Air Fine Particle
Implementation Rule. Specifically, EPA
has determined that Montana’s SIP
includes an attainment demonstration
and adopted state regulations and
programs needed to support the
determination that the Libby PM2.5
nonattainment area will continue
attaining the annual PM2.5 NAAQS.
Finally, EPA is proposing to find onroad, directly emitted PM2.5 and NOX in
the Libby, Montana nonattainment area
insignificant for regional transportation
conformity purposes.
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VII. Statutory and Executive Order
Reviews
A. Executive Order 12866, Regulatory
Planning and Review
Under Executive Order 12866, (58 FR
51735 (October 4, 1993)) the Agency
must determine whether the regulatory
action is ‘‘significant’’ and therefore
subject to the Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely to
result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or state, local, or tribal
governments or communities; (2) create
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16:35 Sep 13, 2010
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a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.’’ The OMB has exempted this
regulatory action from Executive Order
12866 review.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. This action
proposes to approve the SIP revisions
submitted by the State of Montana.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
This proposed rule will not have a
significant impact on a substantial
number of small entities because SIP
approvals and disapprovals under
section 110 and subchapter I, part D of
the Clean Air Act do not create any new
requirements, but simply approve or
disapprove requirements that the state is
already imposing. Therefore because the
Federal SIP approval does not create
any new requirements, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities. Moreover, due
to the nature of the Federal-state
relationship under the Clean Air Act,
preparation of 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.
EPA, 427 U.S. 246, 255–66 (1976); 42
U.S.C. 7410(a)(2).
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on state, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
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EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may result
in expenditures to state, local, and tribal
governments, in the aggregate, or to the
private sector, of $100 million or more
in any one year. Before promulgating an
EPA rule for which a written statement
is needed, section 205 of the UMRA
generally requires EPA to identify and
consider a reasonable number of
regulatory alternatives and adopt the
least costly, most cost-effective or least
burdensome alternative that achieves
the objectives of the rule. The
provisions of section 205 do not apply
when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million or more for state, local, and
tribal governments, in the aggregate, or
the private sector in any one year. This
Federal action proposes to partially
approve and partially disapprove preexisting requirements under state or
local law, and to disapprove a
redesignation request, and imposes no
new requirements. Accordingly, no
additional costs to state, local, or tribal
governments, or to the private sector,
result from this action. Thus, today’s
rule is not subject to the requirements
of sections 202 and 205 of the UMRA.
E. Executive Order 13132, Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by state
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
E:\FR\FM\14SEP1.SGM
14SEP1
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Proposed Rules
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This proposed rule is not subject to
Executive Order 13045 because it
proposes to approve a state rule
implementing a Federal program.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
Consultation and Coordination With
Indian Tribal Governments (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications. This proposed rule does
not have tribal implications, as specified
in Executive Order 13175. It will not
have substantial direct effects on tribal
governments, on the relationship
between the Federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal government and Indian tribes.
This action does not involve or impose
any requirements that affect Indian
Tribes. Thus, Executive Order 13175
does not apply to this rule.
emcdonald on DSK2BSOYB1PROD with PROPOSALS
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government.’’
This proposed rule does not have
federalism implications. It will not have
substantial direct effects on the states,
on the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This rule merely
proposes to partially approve and
partially disapprove state rules
implementing a Federal standard, and to
disapprove a redesignation request, and
does not alter the relationship or the
distribution of power and
responsibilities established in the Clean
Air Act. Thus, Executive Order 13132
does not apply to this rule.
I. National Technology Transfer and
Advancement Act
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
Protection of Children From
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is
determined to be economically
significant as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
VerDate Mar<15>2010
16:35 Sep 13, 2010
Jkt 220001
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This proposed rulemaking does not
involve technical standards. Therefore,
EPA is not considering the use of any
voluntary consensus standards.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Oxides of nitrogen, Particulate
matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 2, 2010.
Stephen S. Tuber,
Acting Regional Administrator, Region 8.
[FR Doc. 2010–22848 Filed 9–13–10; 8:45 am]
BILLING CODE 6560–50–P
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55725
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2010–0210; FRL–9201–3]
Approval and Promulgation of Air
Quality Implementation Plans; Indiana;
Kentucky; Louisville Nonattainment
Area; Determination of Attainment of
the Fine Particle Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to
determine that the bi-state Louisville
(Indiana and Kentucky) fine particle
(PM2.5) nonattainment area has attained
the 1997 annual average PM2.5 National
Ambient Air Quality Standard
(NAAQS). This proposed determination
is based upon complete, qualityassured, and certified ambient air
monitoring data for the 2007–2009
period showing that the area has
monitored attainment of the annual
PM2.5 NAAQS. If EPA finalizes this
proposed determination, the
requirements for the area to submit an
attainment demonstration and
associated reasonably available control
measures (RACM), a reasonable further
progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the standard
shall be suspended for so long as the
area continues to attain the annual PM2.5
NAAQS.
DATES: Comments must be received on
or before October 14, 2010.
ADDRESSES: Submit your comments
regarding the Indiana portion of the bistate Louisville area, identified by
Docket ID No. EPA–R05–OAR–2010–
0210, by one of the following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: bortzer.jay@epa.gov.
3. Fax: (312) 692–2054.
4. Mail: Jay Bortzer, Chief, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Jay Bortzer, Chief,
Air Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
SUMMARY:
E:\FR\FM\14SEP1.SGM
14SEP1
Agencies
[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Proposed Rules]
[Pages 55713-55725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22848]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2006-0952; FRL-9200-9]
Air Quality Implementation Plans; Montana; Attainment Plan for
Libby, MT PM2.5 Nonattainment Area and PM10 State Implementation Plan
Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve the State Implementation Plan
(SIP) revision submitted by the State of Montana on March 26, 2008.
Montana submitted this SIP revision to meet Clean Air Act requirements
for attaining the 15.0 micrograms per cubic meter ([mu]g/m3)
annual fine Particulate Matter (PM2.5) national ambient air
quality standard (NAAQS) for the Libby nonattainment area. The plan,
herein called an ``attainment plan,'' includes an attainment
demonstration, an analysis of Reasonably Available Control Technology
and Reasonably Available Control Measures (RACT/RACM), base-year and
projection year emission inventories, and contingency measures. The
requirement for a Reasonable Further Progress (RFP) plan is satisfied
because Montana projects that attainment with the 1997 PM2.5
NAAQS will occur in the Libby nonattainment area by April 2010. In
addition, we are proposing to approve the PM10 SIP revisions
to the Lincoln County Air Pollution Control Program submitted by
Montana on June 26, 2006 for inclusion into Libby's attainment plan.
This submittal contains provisions, including contingency measures, for
controlling both PM10 and PM2.5 emissions from
woodstoves, road dust, and outdoor burning. Finally, EPA is proposing
to find on-road directly emitted PM2.5 and oxides of
nitrogen (NOX) in the Libby, Montana nonattainment area
insignificant for regional transportation conformity purposes. If this
insignificance finding is finalized as proposed, the Libby, Montana
nonattainment area will not have to perform a regional emissions
analysis for either direct PM2.5 or NOX as part
of future conformity determinations for the annual 1997
PM2.5 NAAQS.
DATES: Written comments must be received on or before October 14, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2006-0952, by one of the following methods:
https://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: freeman.crystal@epa.gov.
Fax: (303) 312-6064 (please alert the individual listed in
FOR FURTHER INFORMATION CONTACT if you are faxing comments).
Mail: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129.
Hand Delivery: Callie Videtich, Director, Air Program,
Environmental Protection Agency (EPA), Region 8, Mail Code 8P-AR, 1595
Wynkoop St., Denver, Colorado 80202-1129. Such deliveries are only
accepted Monday through Friday, 8 a.m. to 4:30 p.m., excluding Federal
holidays. Special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2006-0952. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an anonymous access system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA, without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. For additional instructions on submitting
comments, go to Section I, ``General Information,'' of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop St.,
Denver, Colorado 80202-1129. EPA requests that, if at all possible, you
contact the individual listed in FOR FURTHER INFORMATION CONTACT to
view the hard copy of the docket. You may view the hard copy of the
docket Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Crystal Freeman, Air Program,
Environmental Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, Phone: (303) 312-6602,
Fax: (303) 312-6064, freeman.crystal@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we are giving meaning to certain
words or initials as follows:
(i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
(ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
(iii) The initials SIP mean or refer to State Implementation Plan.
(iv) The initials PM2.5 mean or refer to particulate
matter with an aerodynamic diameter of less than 2.5 micrometers.
(v) The initials PM10 mean or refer to particulate
matter with an aerodynamic diameter of less than 10 micrometers.
(vi) The word State or Montana refers to the State of Montana
unless the context indicates otherwise.
(vii) The initials NAAQS mean or refer to National Ambient Air
Quality Standards.
[[Page 55714]]
Table of Contents
I. General Information
II. What Action Is EPA Proposing?
III. What Is the Background for EPA's Proposed Action?
A. Designation History
B. Clean Air Fine Particle Implementation Rule
IV. What Is Included in Montana's Submittal?
A. Background
B. PM10 SIP Revisions to the Lincoln County Air
Pollution Control Program
C. Libby and Vicinity PM2.5 Control Plan
V. EPA's Analysis of Montana's Submittal
A. PM10 SIP Revisions to Lincoln County Air Pollution
Control Program
B. Attainment Demonstration
C. Analysis of Montana's Submittal
1. Pollutants Addressed and Attainment Date
2. Monitoring Data
3. Emission Inventory
4. Modeling
5. RACT/RACM
6. Contingency Measures
7. Transportation Conformity Requirements
VI. Proposed Action
VII. Statutory and Executive Order Reviews
I. General Information
A. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
a. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
b. Follow directions--The agency may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
c. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
d. Describe any assumptions and provide any technical information
and/or data that you used.
e. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
f. Provide specific examples to illustrate your concerns, and
suggest alternatives.
g. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
h. Make sure to submit your comments by the comment period deadline
identified.
II. What action is EPA proposing?
EPA is proposing to approve two Montana SIP submittals for the
Libby nonattainment area: (1) PM10 SIP revisions to the
Lincoln County Air Pollution Control Program submitted by Montana on
June 26, 2006; and (2) the Libby PM2.5 attainment plan
submitted by Montana on March 26, 2008. EPA has determined that the
PM10 SIP revisions and the PM2.5 attainment plan
meet applicable requirements of the Clean Air Act, including the Clean
Air Fine Particle Implementation Rule (herein referred to as the
implementation rule) issued by EPA on April 25, 2007 (72 FR 20586).
Furthermore, EPA has determined that Montana's PM2.5 SIP
submittal for the Libby area includes an attainment demonstration, an
analysis of RACT/RACM, base-year and projection-year emission
inventories and contingency measures. The attainment plan supports a
determination that the Libby PM2.5 nonattainment area will
attain the 1997 PM2.5 NAAQS by the April 2010 deadline for
attainment. Finally, EPA is proposing to find on-road directly emitted
PM2.5 and NOX in the Libby, Montana nonattainment
area insignificant for regional transportation conformity purposes.
EPA's analysis and findings are discussed in this proposed
rulemaking. Additional technical support documents are available at
https://www.regulations.gov, Docket No. EPA-R08-OAR-2006-0952.
III. What is the background for EPA's proposed action?
A. Designation History
On July 18, 1997 (62 FR 38652), EPA established PM2.5
NAAQS, including an annual standard of 15.0 [mu]g/m3 based
on a 3-year average of annual mean PM2.5 concentrations, and
a 24-hour (or daily) standard of 65 [mu]g/m3 based on a 3-
year average of the 98th percentile of 24-hour concentrations. EPA
established the standards based on significant evidence and numerous
health studies demonstrating that serious health effects are associated
with exposures to PM2.5.
Following promulgation of a new or revised NAAQS, EPA is required
by the CAA to designate areas throughout the United States as attaining
or not attaining the NAAQS; this designation process is described in
section 107(d)(1) of the CAA. In 1999, EPA and state air quality
agencies initiated the monitoring process for the 1997 PM2.5
NAAQS, and, by January 2001, established a complete set of air quality
monitors. On January 5, 2005, EPA published initial air quality
designations for the 1997 PM2.5 NAAQS (70 FR 944), based on
air quality monitoring data for calendar years 2001-2003. On April 14,
2005, EPA published a final supplemental rule amending the agency's
initial designations (70 FR 19844). EPA did not consider modifications
made in this rule to be ``re-designations'' because the changes were
made before April 5, 2005, the effective date of the initial
designations. As a result of the final supplemental rule,
PM2.5 nonattainment designations are in effect for 39 areas,
comprising 208 counties within 20 states (and the District of Columbia)
nationwide, with a combined population of about 88 million people. The
Libby nonattainment area which is the subject of this rulemaking is
included in the list of areas not attaining the 1997 PM2.5
NAAQS.
On October 17, 2006, EPA strengthened the 24-hour PM2.5
NAAQS to 35 [mu]g/m3 and retained the level of the annual
PM2.5 standard at 15.0 [mu]g/m3 (71 FR 61144). On
November 13, 2009 EPA designated areas as either attainment/
unclassified or nonattainment with respect to the revised 24-hour NAAQS
(74 FR 58688). In the November 2009 designation action, EPA established
a deadline of December 14, 2012 for states to submit attainment plans
for areas designated as nonattainment for the revised 24-hour
PM2.5 NAAQS.
Of relevance to the proposed rulemaking herein, the notice for the
November 2009 action clarified designations for the 1997
PM2.5 NAAQS by relabeling the existing designation tables to
identify designations for the annual NAAQS, and by providing a separate
table identifying designations for the 1997 24-hour NAAQS (i.e., 65
[mu]lg/m3). In that table, the Libby nonattainment area is
designated as attaining the 1997 24-hour PM2.5 NAAQS.
[[Page 55715]]
B. Clean Air Fine Particle Implementation Rule
On April 25, 2007, EPA issued the Clean Air Fine Particle
Implementation Rule for the 1997 PM2.5 NAAQS (72 FR 20586).
The implementation rule describes the CAA framework and requirements
for developing state PM2.5 attainment plans. An attainment
plan must include a demonstration that a nonattainment area will meet
applicable NAAQS within the timeframe provided in the statute. This
demonstration must include modeling (40 CFR 51.1007) that is performed
in accordance with EPA modeling guidance (EPA-454/B-07-002, April
2007). It must also include supporting technical analyses and
descriptions of all relevant adopted federal, state, and local
regulations and control measures that have been implemented by the
proposed attainment date.
For the 1997 PM2.5 NAAQS, an attainment plan must show
that a nonattainment area will attain the standard by 2010.
Alternatively, if the area is not expected to meet the NAAQS by 2010, a
state may propose an attainment-date extension for up to five years
based on the severity of the nonattainment problem and on the
availability and feasibility of pollution control measures (CAA section
172(a)(2)).
For each nonattainment area, the state must demonstrate that it has
adopted all RACT/RACM needed to show that the area will attain the
PM2.5 standards ``as expeditiously as practicable.'' The
implementation rule provided guidance for making these RACM and RACT
determinations (72 FR 20616-21). Any measures that are necessary to
meet these requirements which are not already either federally
promulgated or part of the state's SIP must be submitted in enforceable
form as part of a state's attainment plan.
The implementation rule also included policies on pollutants that
comprise total PM2.5. Five main types of pollutants
contribute to fine particle concentrations: direct PM2.5,
sulfur dioxide (SO2), nitrogen oxides (NOX),
ammonia, and volatile organic compounds (VOCs). All but direct
PM2.5 is considered to be ``precursors'' to PM2.5
formation. The effect of reducing emissions of each of these five types
of pollutants varies by area, depending on PM2.5
composition, emission levels, and other area-specific factors. For this
reason, the implementation rule established policies regarding what
states should include in their PM2.5 attainment plans for
evaluating these pollutants.
Under these policies, sources of direct PM2.5 emissions
(including organic particles, elemental carbon and inorganic particles)
and SO2 must be evaluated for emission reduction measures in
all PM2.5 nonattainment areas. Sources of NOX
must be evaluated for emission reduction measures in each area unless
the state and EPA demonstrate that NOX is not a significant
contributor to PM2.5 concentrations in a specific area.
Neither VOC nor ammonia sources are required to be evaluated for
emission reduction measures in an area unless the state or EPA
demonstrates that either of these pollutant types significantly
contributes to PM2.5 concentrations. To reverse any of the
presumptive precursor policies, the implementation rule provided
guidance on the types of analyses that may be included in a technical
demonstration.
The implementation rule also provided guidance on other elements of
a state's attainment plan, including but not limited to, consideration
of emission inventories, contingency measures, and motor vehicle
emissions budgets used for transportation conformity purposes.
IV. What is included in Montana's submittal?
A. Background
Libby, Montana, a small rural community, is located in Lincoln
County in the northwestern part of the State. Libby sits in the narrow,
triangular Kootenai valley at an elevation of 2,100 feet. The
nonattainment area is dominated by three major mountain ranges that
limit the air-shed: (1) The Rocky Mountain and Flathead Ranges on the
eastern boundary; (2) the Purcell Range, which roughly bisects the area
from north to south; and (3) the Selkirk and Cabinet Ranges on the
western boundary. The vast majority of the area surrounding Libby is
National Forest managed by the U.S. Forest Service. Based on the 2000
census and a growth rate through 2005 of 3.71%, Libby's population is
estimated at 2,674.
The highest PM2.5 concentrations in Libby generally
occur during the winter months of November through February. The winter
concentrations are related to stagnant weather conditions dominated by
light winds and strong temperature inversions. These meteorological
conditions can trap emissions within the valley for many days or weeks.
Air quality data recorded during 2001-2003 at the PM2.5
monitor at the Libby Courthouse Annex showed violations of the annual
PM2.5 standard. Libby was designated nonattainment for
PM2.5 under section 107(d)(3) of the CAA, on April 5, 2005
(40 CFR part 81). The air quality planning requirements for
PM2.5 nonattainment areas are set out in Title I subpart 1
of the Act.\1\
---------------------------------------------------------------------------
\1\ Subpart 1 applies to nonattainment areas generally.
---------------------------------------------------------------------------
Historically, Libby was designated nonattainment for
PM10 by operation of law on November 15, 1990 (56 FR 56694,
56794, November 6, 1991), under CAA section 107(d)(4)(B) and was
classified as ``Moderate.'' The PM10 attainment plan was
approved by EPA on August 30, 1994 (59 FR 44627). Montana has submitted
revisions to the Lincoln County Air Pollution Control Program (herein
referred to as the Program) and the Libby and Vicinity PM2.5
Control Plan (herein referred to as the Libby attainment plan) for the
purpose of demonstrating attainment of the annual PM2.5
NAAQS. After public notice, public hearings regarding these two
submittals were held on February 27, 2006 for the Lincoln County Air
Pollution Control Program and on March 25, 2008 for the Libby and
Vicinity PM2.5 Control Plan. The Montana Board of
Environmental Review approved the revised Lincoln County Air Pollution
Control Program on March 23, 2006 and the Libby attainment plan on
March 25, 2008. Montana has met the requirements of Section 110(a)(2)
for reasonable notice and public hearings.
B. PM10 SIP Revisions to the Lincoln County Air Pollution Control
Program
Montana submitted revisions to the PM10 SIP for the
Lincoln County Air Pollution Control Program for the Libby
nonattainment area to improve and strengthen the PM10
attainment plan. The revisions include several provisions to regulate
solid fuel burning devices and require owners and operators to obtain
operating permits. Operating permits may only be issued for EPA-
certified woodstoves or for pellet stoves. Furthermore, only specified
materials can be burned in these devices, and visible emissions of
greater than 20% opacity from them are prohibited. Additionally, these
provisions allow for air pollution alerts if PM10 or
PM2.5 concentrations averaged over a 4-hour period exceed a
level 20 percent below any federal or state particulate matter
standard. Provisions are also included for penalties for non-compliance
and contingency measures.
Additionally, revisions were made for open and outdoor burning
regarding prohibited materials, major open burning and management
burning, minor open burning or residential open
[[Page 55716]]
burning, and special burning. These revisions generally included
significant limits on the time periods for open burning activities as
compared to the existing PM10 SIP. Further restrictions also
include prohibitions on burning from November 1 to March 31, which is
the winter-time period when exceedances of PM2.5 typically
occur. Lincoln County's Program prohibits burning the same materials as
the State but is more restrictive because the burning of trade waste,
Christmas tree waste, leaves, grass clippings and stumps is prohibited
within the Air Pollution Control District \2\ (herein referred to as
the District). The June 26, 2006 submittal also included a stringency
analysis for the Program showing that the revisions are more stringent
than comparable State law.
---------------------------------------------------------------------------
\2\ The boundaries of the District are identical to those for
the nonattainment area.
---------------------------------------------------------------------------
C. Libby and Vicinity PM2.5 Control Plan
The Libby attainment plan provides a demonstration that the annual
PM2.5 NAAQS will be met by April 2010 through the
implementation of the Lincoln County Program described in section B
above. The Libby attainment plan includes an emissions inventory (EI),
a woodstove air pollution control calculation, and a technical analysis
showing that the emissions of PM2.5 will be reduced
sufficiently to meet the NAAQS. The key components of the Libby
attainment plan are described as follows:
1. Ambient air quality monitoring in the Libby area began in 1999
and is conducted using Federal Reference Method (FRM) PM2.5
samplers at the Courthouse Annex site in downtown Libby. Based on
monitoring data from the years 2001 to 2003, the 3-year annual design
value was 15.9 [micro]g/m\3\, which is a violation of the annual
PM2.5 NAAQS. In February 2002, speciation monitoring was
conducted to determine possible PM2.5 emission sources. The
results identified organic carbon as the main component of wintertime
PM2.5 emissions. Further ambient monitoring was conducted
from November 2003 to February 2004 to determine the geographic
distribution of PM2.5 concentrations. After additional
monitoring from various locations beyond Libby city limits and
meteorological data from Libby Courthouse Annex site, it was determined
that the Libby Courthouse Annex site represented the worst-case ambient
PM2.5 levels in the area.
2. A chemical mass balance study (CMB) was conducted during the
winter of 2003-2004 by the University of Montana, Center for
Environmental Health Sciences (UM-CEHS). The goal of the CMB study was
to identify those emission sources in the Libby area that contributed
to elevated PM2.5 concentrations. The CMB model runs
indicated that emissions from residential wood combustion were the
major source of the fine particles on the PM2.5 filters,
averaging 82% during the CMB study period (i.e., winter months). Other
contributing PM2.5 sources identified by the CMB model were
automobile exhaust (7%), ammonium nitrate (5%), diesel exhaust (4%),
and sulfate (2%).\3\
---------------------------------------------------------------------------
\3\ Ward, T.J., Rinehart, L.R., Lange, T. The 2003/2004 Libby,
Montana PM2.5 Source Apportionment Research Study.
Aerosol Science and Technology. Vol. 40:166-177. 2006.
---------------------------------------------------------------------------
3. Carbon 14 (\14\C) analysis, as a part of the CMB study completed
by UM-CEHS, was conducted by the University of Arizona's Accelerator
Mass Spectrometry Laboratory Facility to provide further evidence that
wood combustion was the major source of PM2.5 emissions in
Libby.\4\
---------------------------------------------------------------------------
\4\ Ibid.
---------------------------------------------------------------------------
4. The Libby base year PM2.5 EI included a
quantification of actual PM2.5 emissions and apportioned the
emissions on a seasonal and annual basis for point and area sources.
The State used calendar year 2005 as the base year for the development
of an EI for the Libby area. The EI was used to support a proportional
rollback model for the emission control plan. The State developed
information for 2005 that allowed for the calculation of residential
wood combustion and commercial fuel use.
5. The Libby PM10 SIP as revised also serves as the
control plan for emissions of PM2.5. Controls exist for
reducing emissions from re-entrained road dust through aggressive
street sweeping and flushing, and traction sand durability
requirements. Emissions of organic carbon are controlled through
residential woodstove regulations and outdoor burning restrictions.
6. A significant part of the PM2.5 control strategies
has been the completion of a woodstove changeout program. Approximately
1,130 uncertified woodstoves were replaced with EPA-certified
woodstoves or pellet fuel burning devices. After the changeout,
PM2.5 emissions have been reduced from approximately 138.78
tons/year to 57.21 tons/year, a decrease of 59%.
PM2.5 control strategies are primarily focused on
residential wood combustion. The control strategies also include: air
pollution alerts may be declared during the winter months; solid fuel
burning devices must have an operating permit; only EPA-certified
woodstoves and pellet fuel burning devices can obtain permits; and only
permitted pellet fuel devices can operate during air pollution alerts.
Other control strategies for PM2.5 have included an expanded
area for the prescribed burning control program and the continuing
federal tailpipe standards.
7. Analysis for RACT/RACM was conducted for the Libby area. EPA's
RACT/RACM guidance covers three general source categories: stationary,
mobile and area (79 FR 20586). The Libby PM2.5 CMB study did
not identify any emissions from local stationary sources, only a minor
amount from mobile sources, and a significant amount from an area
source category--residential wood combustion. EPA's area source RACM
guidance covers four source categories: (1) Reduced solvent usage or
solvent substitution; (2) controls on charbroiling or other commercial
cooking operations; (3) controls on woodstoves and fireplaces; and (4)
new or improved regulations on open burning (79 FR 20586 and 20621).
The Libby attainment plan concluded that wood combustion control
strategies and more stringent rules on open burning constituted RACM
for area sources. The analysis further noted that the other two
categories of area sources, commercial users of solvent and commercial
cooking, were infrequent in the Libby area. The analysis also
considered mobile sources, but determined that in light of their small
contribution to PM2.5 nonattainment, existing federal
tailpipe standards and natural turnover rates of the local vehicle
fleet made additional measures for mobile sources unnecessary.
8. The Lincoln County Air Pollution Control Program is legally
enforceable by Lincoln County, and by the State should Lincoln County
fail to administer the program. The Libby attainment plan also provides
for contingency measures if the NAAQS are exceeded after
implementation. There is one contingency measure for wood burning for
space heating purposes if it is determined that wood burning emissions
contribute to an exceedance of the PM2.5 NAAQS, then only
biomass pellet fuel burners may operate within the District. Other
contingency measures are included for re-entrained dust and industrial
facilities. There is also a review process to consider permanent
adoption of a contingency measure.
[[Page 55717]]
V. EPA's Analysis of Montana's Submittal
A. PM10 SIP Revisions to Lincoln County Air Pollution Control Program
EPA's summary of the PM10 SIP revisions is addressed in
detail under section IV.B. These revisions were made for two purposes:
(1) To address PM2.5 attainment plan requirements; and (2)
to improve and strengthen requirements for continued attainment of
PM10. The revisions are a significant improvement to a plan
that was approved by EPA 16 years ago. The Libby area has not had an
exceedance of the PM10 NAAQS since 1993. Furthermore,
clarifications were made to the language to better explain to the
public the requirements of the air quality program. The revisions
removed exemptions and replaced them with requirements for obtaining
permits for wood burning appliances. These revisions also added
enforcement provisions where previously none had existed.
Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the NAAQS or any other applicable requirement of
the Act. The Libby area is currently meeting the NAAQS for all criteria
pollutants and has not had any violations of the PM10
standard for over a decade. Furthermore, the revisions do not relax the
stringency of any SIP provision; in fact, the revisions generally
strengthen the SIP. As a result, the PM10 SIP revisions do
not interfere with attainment of the NAAQS or any other applicable
requirement of the Act. Therefore, section 110(l) requirements are
satisfied.
B. Attainment Demonstration
In accordance with section 172(c) of the CAA and the implementation
rule, the attainment plan submitted by Montana for the Libby area
included: (1) Emission inventories for the plan's base year (2005) and
projection year (2009); and (2) an attainment demonstration consisting
of: (a) Technical analyses that locate, identify, and quantify sources
of emissions contributing to violations of the annual PM2.5
NAAQS; (b) analyses of future-year emission reductions and air quality
improvements expected to result from national and local programs, and
from new measures to meet RACT/RACM requirements; (c) adopted emission
reduction measures; and (d) contingency measures.
C. Analysis of Montana's Submittals
1. Pollutants Addressed and Attainment Date
In accordance with policies described in the implementation rule,
Montana's PM2.5 attainment plan evaluates emissions of
direct PM2.5, SO2 and NOX in the Libby
area. Montana provided documentation of expeditious attainment of the
annual PM2.5 NAAQS in the Libby area by April 2010. Areas
that demonstrate attainment by 2010 are considered to have satisfied
the requirement to show reasonable further progress toward attainment
and need not submit a separate RFP plan. For similar reasons such areas
are also not subject to a requirement for a mid-course review.
Montana's evaluation of emissions is based on the work conducted by
UM-CEHS for the CMB model runs indicating that emissions from
residential wood combustion were the major source (82%) of the fine
particles on the PM2.5 filters. Other PM2.5
sources identified by the CMB model were automobile exhaust (7%),
ammonium nitrate (5%), diesel exhaust (4%), and sulfate (2%). In
addition, a Carbon 14 analysis confirmed that wood combustion is the
major source of PM2.5 emissions in the Libby area and that
emissions of both SO2 and NOX are very minor
compared to PM2.5 emissions from residential wood
combustion. As described in the emissions inventory, the sources of
SO2 are from home heating oil and sources of NOX
are from on-road and off-road mobile sources (see further discussion in
section V.C.7. on NOX emissions from mobile sources).
2. Monitoring Data
As shown in the table below, the annual weighted average for 2009
shows that the Libby area has met the April 2010 deadline for the 1997
PM2.5 NAAQS. The trend in annual average concentrations is
downward and coincides with the implementation of the woodstove
changeout program. This is based on quality-controlled and quality-
assured monitoring data from 2005-2009 that is available in the EPA Air
Quality System (AQS).
Table V.2-1
------------------------------------------------------------------------
Annual weighted average
Year ([mu]g/m\3\)
------------------------------------------------------------------------
2005..................................... 15.8
2006..................................... 15.2
2007..................................... 13.0
2008..................................... 12.9
2009..................................... 10.7
------------------------------------------------------------------------
3. Emission Inventory
CAA section 172(c)(3) states that for nonattainment areas, the
State shall prepare a statewide emission inventory no later than three
years after designation. The baseline emission inventory for calendar
year 2005 or another suitable year shall be used for attainment
planning (40 CFR 51.1008(b)). EPA promulgated the Air Emissions
Reporting Rule (AERR) (40 CFR part 51, subpart A) in order to
consolidate the various reporting requirements that already exist,
including those requirements outlined in the PM2.5
implementation rule. The AERR requires states to report state-wide
emissions every three years. Montana prepared a statewide emission
inventory for 2005. This inventory included annual totals of emissions
of criteria pollutants and their precursors. The State used data from
this statewide inventory to create an emission inventory specific to
the Libby area.
Monitoring data for 2005 showed an exceedance of the
PM2.5 annual standard. The year 2005 is a suitable year for
attainment planning because an emission inventory for this year is
representative of ambient emission levels that led to the exceedance of
the annual standard. The 2005 emission inventory showed that
residential wood burning comprised 82% of the direct PM2.5
emissions during the winter. The next largest direct source, road dust,
was 11%, followed by locomotive emissions at 3.4%. The remaining
criteria pollutant emissions were very minor, including the precursors
of PM2.5 (i.e., NOX and SO2).
Background values of PM2.5 were accounted for by the State
using monitored data collected at remote stations far away from
emissions sources in the Libby area. EPA notes that the State used a
conservative emission inventory approach for projecting future growth
for the 2010 attainment year which involved increasing the vehicle
emissions by 2.1% (the population growth rate) from the 2005 base year
inventory, and not taking any credit for potential emission reductions
that may have been available from fleet turnover and the Federal
tailpipe standards for vehicles. Condensable particulate matter was not
considered in the emission inventory because of a lack of sources in
the Libby area.
4. Modeling
CAA Section 172(c) requires states with nonattainment areas to
submit an attainment demonstration. A PM2.5 attainment
demonstration consists of (1) analyses which estimate whether
[[Page 55718]]
selected emissions reductions will result in ambient concentrations
that meet the NAAQS and (2) a set of control measures which will result
in the required emissions reductions.
Montana's analysis of future-year emissions reductions and air
quality improvements was based on a proportional rollback model for
showing attainment of the standard and a roll forward model
demonstrating attainment in the future. The proportional models were
applied in conjunction with the findings from chemical mass balance and
Carbon 14 studies conducted by the University of Montana.
In the particular case of Libby, a proportional model is more
appropriate than dispersion models. The great majority of periods with
elevated PM2.5 concentrations in Libby occur during
wintertime stagnation conditions. Furthermore, dispersion in Libby is
constrained by steep terrain. The most suitable approach for stagnation
conditions should be determined on a case-by-case basis, (see sections
7.2.8 and 8.3.4.2(b) of the Guideline on Air Quality Models, 40 CFR
part 51, appendix W), and an alternative model should be selected by
the EPA Regional Office when a preferred model is less appropriate (see
section 3.2.2 of the Guideline).
The proportional model used the emission inventory for 2005 when
there was an exceedance of the standard. The decrease in
PM2.5 emissions for the Libby area resulting from the
woodstove changeout program was calculated based on the amount of wood
burned by the EPA-certified woodstoves and then compared to the amount
of emissions resulting from burning the same amount of wood from the
uncertified woodstoves that were still in use. The decrease in
emissions would be an indication of the effectiveness of the control
strategy. Montana estimated that PM2.5 emissions would be
reduced by 81.57 tons as a result of the new EPA-certified woodstoves
installed in Libby households.
The State projected future annual average PM2.5
concentrations for Libby at 9.5 [mu]g/m\3\. This projection was based
on the installation of the new stoves and a 100 percent compliance with
the wood burning restrictions for Libby. EPA's guidance is based on
emission sources complying with state and local restrictions on
emission sources (Emissions Inventory Guidance for Implementation of
Ozone and Particulate Matter National Ambient Air Quality Standards
(NAAQS) and Regional Haze Regulations, appendix B, EPA-454/R-05-001,
August 2005.) The guidance defines rule effectiveness (RE) as a method
to account for the reality that not all emission sources are in
compliance 100% of the time.
The guidance provides a listing of the factors that are most likely
to affect RE. EPA used a conservative 70% RE instead of a 100 percent
compliance to determine if Libby would still reach attainment of the
PM2.5 standard. EPA estimated that using the more
conservative compliance percentage for wood burning restrictions, the
future value for Libby would still be below the PM2.5
standard of 15 [mu]g/m\3\. As stated above in Table V.2.-1 the Libby
area 2009 annual average is currently 10.7 [mu]g/m\3\.
5. RACT/RACM
Determination of RACT/RACM is a three-step process: (1) Identifying
potential measures that are reasonable; (2) modeling to identify the
attainment date that is as expeditious as practicable; and (3)
selecting RACT/RACM. Identification of potential measures should
ordinarily be supported by an inventory of emissions of directly
emitted PM2.5 and of precursors from the relevant sources
and source categories; the technologically feasible control measures
for each source or source category; and, for each measure, the control
efficiency, possible emission reductions by pollutant, estimated cost
per ton, and the date by which the measure was or could be implemented;
and other relevant information.
For the first step, identification of potential measures that are
reasonable, Montana supported its RACT/RACM analysis with the emissions
inventory and the CMB study. The RACT/RACM analysis first noted that
there are no major stationary sources of PM2.5 in the Libby
area. It also noted that minor stationary sources are currently
regulated under Montana's minor source program, which requires permits
and a Best Available Control Technology (BACT) review. As discussed in
the implementation rule, if state or federal rules already regulate a
given sector, it is reasonable for a state to look to unregulated
sectors for RACT/RACM measures. Furthermore, the implementation rule
permits the state to use reason in the extent of its effort to identify
potential control measures. For example, the rigor of the analysis may
depend on the relative contribution of a particular pollutant to the
PM2.5 nonattainment problem (72 FR 20613). As shown by the
CMB study, stationary sources are a very minor contributor to
PM2.5 nonattainment in Libby. Similarly, the RACT/RACM
analysis reasoned that mobile sources are currently regulated, make
only a minor contribution to the nonattainment problem, and the overall
emissions will continue to be reduced through fleet turnover. Thus, the
first step focused on measures for area sources.
The analysis further noted that two types of area sources
(commercial users of solvents and commercial charbroilers or other
commercial cooking operations) were infrequent in the Libby area. The
analysis also discussed re-entrained road dust, which the CMB study did
not identify as a contributor to PM2.5 nonattainment, and
noted that there were existing SIP provisions to control road dust. As
to home heating oil, a source of SO2, the CMB study found
only a 2% contribution to PM2.5 nonattainment for all
sulfates combined. Thus, the RACM analyses focused on the remaining
area sources of wood burning devices and open burning and identified
several control measures to be included in the attainment plan.
For the second step, as discussed in more detail in section V.C.4,
Montana modeled attainment by 2010 based on adoption of these
reasonable control measures. Finally, for the third step, based on the
analysis, Montana selected and adopted RACM for wood burning devices
and open burning. For wood burning devices, the State developed and
implemented a woodstove changeout control strategy. The woodstove
changeout permanently removed 1,130 old, uncertified woodstoves and
replaced them with EPA-certified woodstoves or pellet stoves.
Additionally, the State adopted measures that require permits for solid
fuel burning devices (including woodstoves) and restrict installation
and operation of these devices to three categories: pellet stoves,
devices with a catalytic emissions control system, and devices with a
non-catalytic emissions control system. For the latter two, emission
limits are imposed.
RACM measures were also included for major open burning, management
burning, residential burning, and special burning. The PM2.5
attainment plan includes BACT and permits for an expanded area, which
is the entire Air Pollution Control District, for all of these
different types of burning activities. Additionally, these burning
activities were restricted to shorter time periods.
In summary, the State evaluated, by source category, sources of
direct PM2.5, SO2 and NOX for RACT/
RACM control measures. The State's evaluation of sources of
SO2 and NOX resulted in their decision that no
additional controls are necessary to attain the
[[Page 55719]]
NAAQS based on the absence of major sources or area sources that can be
cost effectively or reasonably controlled. The State therefore adopted
RACM for direct PM2.5. In accordance with Section 172(c) of
the CAA, Montana has adopted all RACT/RACM needed to attain the
standards as expeditiously as practicable. EPA has reviewed Montana's
RACT/RACM analysis and has determined that the state reasonably
identified potential control measures, modeled the attainment date that
is as expeditious as practicable and reasonably selected RACT/RACM for
the Libby area.
6. Contingency Measures
In conformance with Section 172(c)(9) of the CAA, the
implementation rule requires that PM2.5 attainment area
plans include contingency measures. These measures must be fully
adopted or otherwise ready for quick implementation, should contain
trigger mechanisms and an implementation schedule, should be measures
not included in the SIP control strategy, and should provide the
equivalent of one year of RFP. Once triggered, a contingency measure
should take effect without further action by the State or EPA.
The Libby SIP contains contingency measures for residential wood
burning, re-entrained dust, and industrial facilities. If it is
determined that residential wood burning contributes to an exceedance
of the PM2.5 NAAQS, then only biomass pellet fuel burners
may operate within the District. If re-entrained dust contributes to
noncompliance, then the existing regulations (which currently only
apply in a limited area) are made applicable to the entire Air
Pollution Control District. Finally, if an industrial facility
contributes to noncompliance, the Montana Department of Environmental
Quality (MTDEQ) will initiate contingency measures to reduce emissions.
Once a contingency measure is initiated, it must remain active until
the Libby SIP demonstration is revised and resubmitted to EPA for
approval.
The contingency measures for residential wood burning and re-
entrained dust meet the requirements of the implementation rule. The
contingency measure for major point sources would require further
action by MTDEQ to determine whether additional controls are necessary.
However, the contingency measures for residential wood burning and re-
entrained dust are sufficient to meet the requirements of the CAA,
including equivalence to one year of RFP.
7. Transportation Conformity Requirements
Transportation conformity is required under CAA section 176(c) (42
U.S.C. 7506(c)) to ensure that transportation plans, transportation
improvement programs (TIPs) and federally supported highway and transit
projects are consistent with (``conform to'') the state air quality
implementation plan. Transportation conformity applies to areas that
are designated nonattainment, and to those areas redesignated to
attainment after 1990 with a CAA section 175A maintenance plan
(``maintenance areas''), for transportation-related criteria
pollutants: carbon monoxide (CO), NOX and particulate matter
(PM2.5 and PM10).
EPA's transportation conformity rule (40 CFR parts 51 and 93)
establishes the criteria and procedures for determining whether
transportation activities conform to the SIP. One requirement of the
rule is that transportation plans, TIPs, and projects must satisfy a
regional emissions analysis for the relevant pollutants and precursors
(40 CFR 93.118, 119). However, section 93.109(m) of this rule states
that an area is not required to satisfy a regional emissions analysis
for a pollutant or precursor if the SIP demonstrates that motor vehicle
emissions of that pollutant or precursor are an insignificant
contributor to the area's air quality problem. In today's notice, EPA
is proposing to find that motor vehicle emissions of PM2.5
and NOX are insignificant contributors to Libby's
PM2.5 nonattainment problem. If this proposal is finalized,
PM2.5 and NOX motor vehicle emissions budgets
(MVEB) would not be established and a regional emissions analysis would
not be required for either PM2.5 or NOX in any
future conformity determination in Libby. Please note, however, that
this proposed action would not apply to PM2.5 hot-spot
analyses for individual projects, if such an analysis is required in
the future for transportation conformity purposes.
There are specific transportation conformity provisions that EPA
proposes to determine as applicable to the Libby PM2.5
nonattainment area. As provided in more detail in 40 CFR 93.109(m),
these specific conformity provisions are addressed when EPA finds that
emissions from motor vehicles in the Libby PM2.5
nonattainment area are an insignificant contributor to the areas'
nonattainment problem for a relevant NAAQS and/or precursor.
To consider making such an insignificant finding, EPA evaluated the
provisions of 40 CFR 93.109(m) against the relevant information
contained in the SIP attainment plan, the SIP revision's associated
technical support document (TSD), and additional information as
developed by EPA. We evaluated the following factors in determining
whether on-road direct PM2.5 and NOX emissions
are insignificant contributors to the area's PM2.5 air
quality problem; (1) the percentage of motor vehicle emissions in the
context of the total SIP inventory; (2) the current state of air
quality as determined by monitoring data for that NAAQS; (3) the
absence of SIP motor vehicle control measures; and (4) historical
trends and future projections of the growth of motor vehicle emissions.
Our evaluation and conclusions are as follows:
a. The Percentage of PM2.5 Motor Vehicle Emissions in the
Context of the Total SIP Inventory
This factor, with regard to PM2.5 emissions, is
addressed in two areas of the SIP revision documentation. Table
27.12.11.4B (``PM2.5 Annual Demonstration of Compliance'')
of the Libby attainment plan provides relevant information with regard
to 2003-2004 CMB percentages by source category, percent reduction in
emissions due to control strategies, estimated growth in emissions over
the 2005 to 2010 time period, and 2010 compliance year contributions.
The dominant CMB source was residential woodstoves at 82% with motor
vehicle tailpipe emissions at 7% of total PM2.5 mass and
diesel exhaust at 4% of the total PM2.5 mass.
The contribution of motor vehicle PM2.5 emissions is
also documented in Table 5.1A (``Seasonal PM 2.5 Emissions in Libby by
Source Category'') of the SIP's TSD. Table 5.1A presents estimated
emissions based on metric tons and percentage of the inventory for
2005, by season; we have provided these motor vehicle tailpipe
PM2.5 emissions, as percent of total PM2.5
emissions, in Table V.7-1 below. We note that in Table 5.1A of the
SIP's TSD, the inventory is dominated by woodstove emissions in all
four seasons.
[[Page 55720]]
Table V.7--1 Motor Vehicle PM2.5 Emissions Percentage of Total Inventory for 2005
(All figures are in metric tons)
----------------------------------------------------------------------------------------------------------------
Motor vehicle
Season Motor vehicle Total inventory emissions % of
PM2.5 emissions PM2.5 emissions total
----------------------------------------------------------------------------------------------------------------
Winter.................................................... 0.48 80.63 0.59
Spring.................................................... 0.55 46.43 1.18
Summer.................................................... 0.66 13.66 4.83
Fall...................................................... 0.51 97.67 0.52
Total Year............................................ 2.2 238.38 0.92
----------------------------------------------------------------------------------------------------------------
As shown in Table V.7.-1 above, motor vehicle tailpipe
PM2.5 emissions represent an annual average of only 0.92% of
the total PM2.5 inventory. That is, motor vehicle emissions
are less than one percent of the inventory over the course of a year.
During the summer, motor vehicle emissions make up close to five
percent of the inventory, but motor vehicle emissions are only slightly
higher during the summer than during other seasons. The motor vehicle
emissions percentage is much greater during the summer compared with
other seasons primarily because total PM2.5 emissions are
significantly reduced during the summer compared to other seasons;
summer is the season with the fewest emissions from woodstoves. The
information provided in the State's submittal supports a conclusion
that regional PM2.5 on-road mobile source emissions are a
minimal percentage in the context of the total PM2.5
emissions inventory. Therefore, this factor supports the proposed
finding that on-road PM2.5 emissions are insignificant for
the Libby PM2.5 nonattainment area.
b. The Current State of Air Quality as Determined by Monitoring Data
for the PM2.5 NAAQS
This factor is addressed as shown in the table below. From the
State's SIP revision and section V.B.2 above, from 2007 to 2009 the
Libby area continues to demonstrate attainment of the 1997 annual
PM2.5 NAAQS. Furthermore, the trend in annual average
concentrations is downward and coincides with the implementation of the
woodstove changeout program. This data is based on quality-controlled
and quality-assured monitoring data from 2005-2009 that are available
in the EPA AQS. This factor supports the proposed finding that on-road
PM2.5 emissions are insignificant for the Libby
PM2.5 nonattainment area.
Table V.2.-1
------------------------------------------------------------------------
PM2.5 annual weighted average
Year ([mu]g/m3)
------------------------------------------------------------------------
2005..................................... 15.8
2006..................................... 15.2
2007..................................... 13.0
2008..................................... 12.9
2009..................................... 10.7
------------------------------------------------------------------------
c. The Absence of SIP Motor Vehicle Control Measures for
PM2.5
The Libby PM2.5 attainment plan relies on a 59%
reduction in residential woodstove emissions to reach attainment of the
annual PM2.5 NAAQS and took no credit for any emission
reductions in the motor vehicle tailpipe and diesel exhaust categories
(e.g. Federal tailpipe emission standards and fleet turnover). The
State further described these assumptions in sections 27.12.7.3
(``Federal Tailpipe Standards Control Program'') and 27.12.11.4
(``PM2.5 2010 Demonstration of Compliance'') of the Libby
attainment plan. EPA also notes there is no State or local mandated
motor vehicle emission control requirements (e.g., inspection and
maintenance program, fuels, or transportation control measures) for the
Libby PM2.5 nonattainment area. Therefore, this factor
supports the proposed finding that on-road PM2.5 emissions
are insignificant for the Libby PM2.5 nonattainment area.
d. Historical Trends and Future Projections of the Growth of Motor
Vehicle PM2.5 Emissions
Libby's annual PM2.5 2001-2003 design value was 15.9
[mu]g/m\3\. In November 2003 through February 2004 air quality data was
collected in Libby to support CMB modeling. This CMB modeling showed
that residential wood smoke was the primary source of PM2.5
in Libby. Table 27.12.11.4B in the Libby attainment plan shows that,
when the results of the CMB modeling are applied to the air quality
data from 2001-2003, residential wood smoke contributed 13.0 [mu]g/m\3\
(82%) of the 2001-2003 annual PM2.5 design value, motor
vehicle tailpipe emissions contributed 1.1 [mu]g/m\3\ (7%), and diesel
exhaust emissions contributed 0.7 [mu]g/m\3\ [mu]g/m\3\ (4%). Based on
the results of this modeling Montana based its attainment strategy for
the area on a woodstove change-out program.
The SIP assumes that the woodstove change-out program will reduce
those emissions by 59% in 2010. The SIP also assumes that motor vehicle
tailpipe emissions and diesel exhaust emissions would grow by 2.1%
between 2005 and 2010, which is equal to the expected population growth
rate during that period. The SIP does not account for any reductions in
motor vehicle emissions or diesel exhaust that would occur due to fleet
turnover to new lower emission motor vehicles, on-road diesel vehicles
or off-road equipment. Table 27.12.11.4B in the Libby attainment plan
shows that in 2010 the predicted annual average PM2.5
concentration would be 8.37 [mu]g/m\3\. The table also shows that
residential wood smoke is expected to contribute 5.44 [mu]g/m\3\ (65%)
in 2010, motor vehicle tailpipe emissions would contribute 1.12 [mu]g/
m\3\ (13%), and diesel exhaust emissions would contribute 0.71 [mu]g/
m\3\ (8%). As can be seen, on a percentage basis the contribution of
motor vehicle emissions and diesel exhaust increases; however, overall
PM2.5 concentrations are expected to decrease by 53% to 8.37
[mu]g/m\3\, the contribution of wood smoke emissions is expected to
decrease by 59%, and the total contribution of emissions from motor
vehicles and diesel exhaust to PM2.5 mass in 2010 is
expected to increase by only 0.03 [mu]g/m\3\ between 2005 and 2010.
This increase in mass is due to the assumptions that emissions from
these sources increase at the same rate as population growth and that
no emissions reductions from fleet turnover are included in the
calculations. Both of these are conservative assumptions.
EPA notes that the contribution of motor vehicle emissions of 13%
to PM2.5 mass in 2010 represents the projected chemical mass
balance of PM2.5 and not an emission inventory projection.
The
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SIP includes a base year PM2.5 inventory (Table 5.1A) for
2005. That inventory shows that motor vehicle emissions of
PM2.5 are 2.20 tpy and that total PM2.5 emissions
in the base year are 238.39 tpy. Therefore, the motor vehicle emissions
in the base year are slightly less than 1% of the total direct
PM2.5 emissions. On the surface this may seem to be in
conflict with the results of the CMB modeling, which shows that motor
vehicle exhaust contributed about 7% of the PM2.5 mass in
the base year. However, it should be noted that the chemical mass
balance data and the PM2.5 data collected at the Libby
Courthouse Annex represents only one receptor within the City of Libby,
and only for the period of late 2003 through early 2004. While this
location is believed to be representative of Libby's air quality,
numerous factors influence the local particulate matter concentrations
and air quality. Local scale meteorology (wind speed, wind direction,
temperature, relative humidity, barometric pressure, and solar
radiation at a minimum), traffic patterns, and precipitation are a few
examples of these factors which vary throughout the city. Accepting
that variable conditions exist throughout Libby, as well as the
inherent uncertainty associated with ambient air monitoring, the
difference that exists between PM2.5 monitoring data at one
receptor and a city-wide emission inventory appears to be plausible.
We also note that the actual location of the monitor may have
exposed it to additional influence from motor vehicle emissions. We
have not performed an in-depth analysis, but we do note that the
monitor is located directly adjacent to U.S. Highway 2, the main north/
south highway through Libby. Although motor vehicle PM2.5
emissions are shown to be minimal in the State's emissions inventory
(ref. Table 5.1A: ``Seasonal PM2.5 Emissions in Libby by
Source Category'' and Table V.7.-1 above), motor vehicle emissions may
have shown a greater than anticipated contribution on the chemical mass
balance analysis due to the monitor's close proximity to Highway 2.
Overall, this factor supports the proposed finding that on-road
PM2.5 emissions are insignificant for the Libby
PM2.5 nonattainment area. In summary, all four factors
support the proposed finding. After weighing these four factors
described in 40 CFR 93.109(m) and evaluated above, EPA proposes to find
that on-road PM2.5 emissions are insignificant for the Libby
PM2.5 nonattainment area. We turn to applying the four
factors to on-road NOX emissions.
e. The Percentage of NOX Motor Vehicle Emissions in the
Context of the Total SIP Inventory
The Libby attainment plan focuses on directly emitted
PM2.5 and controls of PM2.5 emissions from
woodstoves and does not address any motor vehicle NOX
emissions other than to indicate in Table 27.12.11.4B
``PM2.5 Annual Demonstration of Compliance'' that the CMB
data show that ammonium nitrate was only 5% of the mass found on the
filters. EPA, therefore, drew upon other relevant, available data to
evaluate whether NOX motor vehicle emissions in the Libby
PM2.5 nonattainment area are significant and require that a
NOX motor vehicle emissions budget be established for
transportation conformity purposes or whether on-road NOX
emissions could be found insignificant based on the criteria in 40 CFR
93.109(m).
EPA revie