[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Rules and Regulations]
[Pages 9081-9087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4963]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[ME47-1-6996a; A-1-FRL-5693-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maine, and Redesignation of Hancock and Waldo Counties; Maine
AGENCY: Environmental Protection Agency (USEPA or Agency).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving two requests from the State of Maine:
approval of the Maine 1990 base year inventory into the Maine State
Implementation Plan (SIP), referred to as the SIP revision; and a
redesignation request by the State of Maine for the Hancock and Waldo
counties marginal nonattainment area, referred to as the redesignation
request. These actions are being taken in accordance with the Clean Air
Act (CAA or the Act). The first request will establish the 1990 base
year ozone emission inventories of volatile organic compounds (VOC) and
oxides of nitrogen (NOx) emissions for the classified ozone
nonattainment areas in Maine. The second request will redesignate the
Hancock and Waldo counties marginal ozone nonattainment area from
nonattainment to attainment. The second request also contains a 1993
attainment emissions inventory that will satisfy Hancock and Waldo
counties requirement for a 1993 periodic inventory. A detailed
rationale for the two approvals is set forth in SUPPLEMENTARY
INFORMATION.
DATES: This action is effective on April 29, 1997, unless adverse or
critical comments are received by March 31, 1997. If the effective date
is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection (mail code CAA), U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA; the Bureau of
Air Quality Control, Department of Environmental Protection, 71
Hospital Street, Augusta, ME 04333. Persons interested in examining
these documents should make an appointment with the appropriate office
at least 24 hours before the visiting day.
FOR FURTHER INFORMATION CONTACT: For the base year inventory, Robert
McConnell, (617) 565-9266, and for the Hancock and Waldo counties
redesignation request Richard P. Burkhart, (617)-565-3578.
SUPPLEMENTARY INFORMATION:
I. Summary of SIP Revision
Summary
The EPA today is approving SIP revisions submitted by the State of
Maine, under sections 110 and 182 of the Act. These revisions consist
of the establishment of the 1990 base year ozone emission inventories
for the ozone nonattainment areas in Maine. These SIP revisions have
been found by EPA to meet the EPA's approval criteria for emission
inventories.
Supplementary Information on SIP Revision
Maine submitted 1990 base year emission inventories for the ozone
nonattainment areas in the State in final form on July 25, 1995. This
portion of this document is divided into three parts:
I. Background Information
II. Summary of SIP Revision
III. Final Action
I. Background
Emission Inventory
Under the CAA as amended in 1990, States have the responsibility to
inventory emissions contributing to nonattainment of a National;
Ambient Air Quality Standard (NAAQS), to track these emissions over
time, and to ensure that control strategies are being implemented that
reduce emissions and move areas towards attainment. The CAA requires
ozone nonattainment areas designated as moderate, serious, severe, and
extreme to submit a plan within three years of 1990 to reduce VOC
emissions by 15 percent within six years after 1990. The baseline level
of emissions, from which the 15 percent reduction is calculated, is
determined by adjusting the base year inventory to exclude biogenic
emissions and to exclude certain emission reductions not creditable
towards the 15 percent. The 1990 base year emissions inventory is the
primary inventory from which the periodic inventory, the Reasonable
Further Progress (RFP) projection inventory, and the modeling inventory
are derived. Further information on these inventories and their purpose
can be found in the ``Emission Inventory Requirements for Ozone State
Implementation Plans,'' U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, North
Carolina, March 1991. A copy of this guidance is available from EPA at
the regional office listed in the address section of this document. The
base year inventory may also serve as part of
[[Page 9082]]
statewide inventories for purposes of regional modeling in transport
areas. The base year inventory plays an important role in modeling
demonstrations for areas classified as moderate and above.
The air quality planning requirements for marginal to extreme ozone
nonattainment areas are set out in section 182 (a)-(e) of title I of
the CAA. The EPA has issued a General Preamble describing the EPA's
preliminary views on how the agency intends to review SIP revisions
submitted under title I of the Act, including requirements for the
preparation of the 1990 base year inventory (see 57 FR 13502 (April 16,
1992) and 57 FR 18070 (April 28, 1992)). In this action EPA will rely
on the General Preamble's interpretation of the CAA, and the reader
should refer to the General Preamble for a more detailed discussion of
the interpretations of title I advanced in today's rule and the
supporting rationale.
Those States containing ozone nonattainment areas classified as
marginal to extreme are required under section 182(a)(1) of the CAA to
submit a final, comprehensive, accurate, and current inventory of
actual ozone season, weekday emissions from all sources within 2 years
of enactment (November 15, 1992). This inventory is for calendar year
1990 and is denoted as the base year inventory. It includes both
anthropogenic and biogenic sources of volatile organic compound (VOC),
nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is
to address actual VOC, NOX, and CO emissions for the area during a
peak ozone season, which is generally comprised of the summer months.
All stationary point and area sources, as well as mobile sources within
the nonattainment area, are to be included in the compilation.
Available guidance for preparing emission inventories is provided in
the General Preamble (57 FR 13498, April 16, 1992).
II. Analysis of State Submission
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing emission inventory submissions to the EPA. Section
110(a)(2) of the Act provides that each emission inventory submitted by
a State must be adopted after reasonable notice and public
hearing.1 Final approval of the inventory will not occur until the
State revises the inventory to address public comments. Changes to the
inventory that impact the 15 percent reduction calculation and require
a revised control strategy will constitute a SIP revision. EPA created
a ``de minimis'' exception to the public hearing requirement for minor
changes. EPA defines ``de minimis'' for such purposes to be those in
which the 15 percent reduction calculation and the associated control
strategy or the maintenance plan showing, do not change. States will
aggregate all such ``de minimis'' changes together when making the
determination as to whether the change constitutes a SIP revision. The
State will need to make the change through the formal SIP revision
process, in conjunction with the change to the control measure or other
SIP programs.2 Section 110(a)(2) of the Act similarly provides
that each revision to an implementation plan submitted by a State under
the Act must be adopted by such State after reasonable notice and
public hearing.
---------------------------------------------------------------------------
\1\ Also Section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
\2\ Memorandum from John Calcagni, Director, Air Quality
Management Division, and William G. Laxton, Director, Technical
Support Division, to Regional Air Division Directors, Region I-X,
``Public Hearing Requirements for 1990 Base-Year Emission
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''
September 29, 1992, a copy of which is available from EPA Region I.
---------------------------------------------------------------------------
The State of Maine held several public hearings on its ozone
emission inventories, the last of which occurred on June 28, 1995. The
inventories were submitted to the EPA as a SIP revision on July 25,
1995, by cover letter from the Governor's designee. The inventories had
originally been submitted to the EPA in December of 1992. At that time,
they were reviewed by the EPA to determine completeness shortly after
its submittal, in accordance with the completeness criteria set out at
40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216 (August
26, 1991). The inventories were found to be complete except for the
public hearing requirement. The EPA determined that for inventories
that had not met the public hearing requirement, a finding of
completeness would be made contingent upon the State fulfilling the
public hearing requirement.3 The submittal was found to be
complete contingent upon the State fulfilling the public hearing
requirement, and a letter dated February 24, 1993, was forwarded to the
State indicating the completeness of the submittal. The re-submittal of
the Maine base year emission inventories in July of 1995, and the
accompanying documentation that the inventories had been subject to a
public hearing, have fulfilled this obligation.
---------------------------------------------------------------------------
\3\ Memorandum from John Calcagni, Director, Air Quality
Management Division, to Regional Air Division Directors, Regions I-
X, ``State Implementation Plan (SIP) Actions Submitted in Response
to Clean Air Act (ACT) Deadlines'' October 28, 1992, a copy of which
is available from EPA Region I.
---------------------------------------------------------------------------
The EPA Region I Office has compared the final Maine emission
inventories with the deficiencies noted in the various comment letters
sent by EPA to the DEP and concluded that Maine has adequately
addressed the issues raised by the EPA.
B. Emission Inventory Review
Section 110(k) of the CAA sets out provisions governing the EPA's
review of SIP submissions, including base year emission inventory
submittals in order to determine approval or disapproval under section
182(a)(1) (see 57 FR 13565-66 (April 16, 1992)). The EPA is approving
the Maine ozone base year emission inventories submitted to the EPA in
final form on July 25, 1995, based on the Level I, II, and III review
findings. This section outlines the review procedures performed to
determine if the base year emission inventory is acceptable or should
be disapproved.
The Level I and II review process is used to determine that all
components of the base year inventory are present. The review also
evaluates the level of supporting documentation provided by the State
and assesses whether the emissions were developed according to current
EPA guidance.
The Level III review process is outlined here and consists of 10
points that the inventory must include. For a base year emission
inventory to be acceptable it must pass all of the following acceptance
criteria:
1. An approved Inventory Preparation Plan (IPP) was provided and
the Quality Assurance (QA) program contained in the IPP was performed
and its implementation documented.
2. Adequate documentation was provided that enabled the reviewer to
determine the emission estimation procedures and the data sources used
to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must have been prepared or calculated
according to the current EPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must have been prepared or calculated
according to the current EPA guidance.
7. Biogenic emissions must have been prepared according to current
EPA guidance or another approved technique.
[[Page 9083]]
8. The method (e.g., Highway Performance Modeling System or a
network transportation planning model) used to develop vehicle miles
travelled (VMT) estimates must follow EPA guidance, which is detailed
in the document, ``Procedures for Emission Inventory Preparation,
Volume IV: Mobile Sources'', U.S. Environmental Protection Agency,
Office of Mobile Sources and Office of Air Quality Planning and
Standards, Ann Arbor, Michigan, and Research Triangle Park, North
Carolina, December 1992, a copy of which is available from EPA Region
I.
9. The MOBILE model was correctly used to produce emission factors
for each of the vehicle classes.
10. Non-road mobile emissions were prepared according to current
EPA guidance for all of the source categories.
The base year emission inventory will be approved if it passes
Levels I, II, and III of the review process. Detailed Level I and II
review procedures can be found in ``Quality Review Guidelines for 1990
Base Year Emission Inventories,'' U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards, Research Triangle Park,
NC, July 27, 1992. Level III review procedures are specified in EPA
memoranda.4
---------------------------------------------------------------------------
\4\ Memorandum from J. David Mobley, Chief, Emissions Inventory
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory
Level III Acceptance Criteria,'' October 7, 1992; and memorandum
from John S. Seitz, Director, Office of Air Quality Planning and
Standards, to Regional Air Division Directors, Region I-X,
``Emission Inventory Issues,'' June 24, 1993. All of these memoranda
are available from EPA Region I.
---------------------------------------------------------------------------
Maine's base year emission inventories meets each of these ten
criteria. Documentation of the EPA's evaluation, including details of
the review procedure, is contained within the technical support
document prepared for the Maine 1990 base year inventories, which is
available to the public as part of the docket supporting this action.
III. Final Action on SIP Revision
Maine has submitted a complete inventory containing point, area,
biogenic, on-road mobile, and non-road mobile source data, and
accompanying documentation. Emissions from these sources are presented
in the following table:
VOC
[Ozone seasonal emissions in tons per day]
----------------------------------------------------------------------------------------------------------------
Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Portland.......................... 31.80 9.65 49.87 7.40 197.60 296.32
Lewiston-Auburn................... 14.95 2.29 20.92 3.74 122.70 164.60
Knox & Lincoln Co................. 4.85 0.86 6.43 1.09 68.00 81.22
Hancock & Waldo Co................ 7.18 1.93 8.85 1.32 216.40 235.69
----------------------------------------------------------------------------------------------------------------
NOX
[Ozone Seasonal Emissions in Tons Per Day]
----------------------------------------------------------------------------------------------------------------
Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Portland...................... 6.13 19.38 62.47 4.41 NA 92.39
Lewiston-Auburn............... 3.08 4.49 24.36 2.28 NA 34.24
Knox & Lincoln Co............. 0.92 2.79 7.23 0.69 NA 11.63
Hancock & Waldo Co............ 1.11 5.49 11.12 0.96 NA 18.68
----------------------------------------------------------------------------------------------------------------
CO
[Ozone Seasonal Emissions in Tons Per Day]
----------------------------------------------------------------------------------------------------------------
Point On-road Non-road
NAA Area source source mobile mobile Biogenic Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Portland...................... 7.12 6.05 463.71 40.38 NA 517.26
Lewiston-Auburn............... 3.57 2.35 183.86 20.48 NA 210.26
Knox & Lincoln Co............. 1.26 0.06 46.88 6.20 NA 54.40
Hancock & Waldo Co............ 2.03 1.76 64.54 7.03 NA 75.36
----------------------------------------------------------------------------------------------------------------
Maine has satisfied all of the EPA's requirements for providing a
comprehensive, accurate, and current inventory of actual ozone
precursor emissions for its ozone nonattainment areas. The inventories
are complete and approvable according to the criteria set out in the
November 12, 1992 memorandum from J. David Mobley, Chief Emission
Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon Monoxide
Programs Branch, AQMD. In today's final action, the EPA is fully
approving the SIP 1990 base year ozone emission inventories submitted
by Maine to the EPA for the Portland, Lewiston-Auburn, Knox and Lincoln
Counties, and Hancock and Waldo Counties nonattainment areas as meeting
the requirements of sections 182(a)(1) and 172(c)(3) of the CAA.
The EPA has reviewed these requests for revision of the federally
approved SIP for conformance with the provisions of the Clean Air Act
Amendments. The EPA has determined that this action conforms with those
requirements.
[[Page 9084]]
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors, in relation to relevant statutory and regulatory
requirements.
IV. Summary of Redesignation Request
Background
The Hancock and Waldo Counties (hereafter H-W) ozone nonattainment
area is designated nonattainment for ozone and is classified as
marginal (56 FR 56694). On May 13, 1996 Maine submitted a requests to
have the H-W area redesignated to attainment. The H-W area had been
granted a one-year extension of its attainment date (60 FR 33351).
Requirements for Redesignation
Under section 107(d)(3)(E) of the Act, the following five criteria
must be met for an ozone nonattainment area to be redesignated to
attainment:
1. The area must meet the ozone NAAQS.
2. The area must meet applicable requirements of section 110 and
Part D of the Act.
3. The area must have a fully approved SIP under section 110(k) of
the Act.
4. The area must show that its experienced improvement in air
quality is due to permanent and enforceable measures, including the SIP
and any applicable Federal requirements.
5. The area must have a fully approved maintenance plan under
section 175A of the Act, including contingency measures.
EPA's Evaluation of Maine's Redesignation Request and Maintenance Plan
for the H-W Area
Criterion 1: The area must meet the ozone NAAQS.
EPA's Evaluation: The area met the ozone standard with the 1993-
1995 ozone data. The area continues to meet the ozone standard with
preliminary 1996 data. The ozone data are complete and in the
Aerometric Information Retrieval System (AIRS) for the McFarland Hills
ozone monitoring site in Acadia National Park. That site has an
expected exceedance rate per year of 0.3. The standard is an expected
exceedance rate less than or equal to 1 (40 CFR Part 50 Appendix H).
An additional ozone monitoring site was begun on top of Cadillac
Mountain in the park in 1995. That site began monitoring on July 25,
1996. As stated in Appendix A ``When one adjusts for the late start up,
this site has a complete year of data; therefore giving it an expected
exceedance rate of 1.0,'' which is attainment. In 1996 the preliminary
data show no exceedance at either site. The State will continue to
monitor in this area in accordance with 40 CFR part 58. All ozone data
for this area are available in AIRS and can be obtained from EPA Region
I.
Criteria 2 and 3 are similar and will be discussed together.
Criterion 2: The area must meet applicable requirements of section
110 and Part D.
EPA's Evaluation: EPA's redesignation policy requires an area to
meet all requirements in section 110 and Part D of the Clean Air Act.
Criterion 3: The area must have a fully approved SIP under section
110(k) of the Act.
EPA's Evaluation: In order to meet this criteria, all applicable
SIP elements must be approved into Maine's SIP for the H-W area.
Specific Elements
Section 110: General Requirements for Implementation Plans
Section 110(a)(2) of the Act lists the elements to be included in
each SIP after adoption by the State and reasonable notice and public
hearing. The elements include, but are not limited to, provisions for
establishment and operation of appropriate devices, methods, systems,
and procedures necessary to monitor ambient air quality; regulation of
the modification or construction of stationary sources, including
provisions for Part C (PSD) and D (NSR) preconstruction permit
programs, criteria for stationary source emission control measures,
monitoring, and reporting, provisions for modeling, and provisions for
public and local agency participation. For purposes of redesignation,
the H-W area SIPs were reviewed to ensure that all requirements under
the Act were satisfied. EPA has determined that the individual SIPs are
consistent with the requirements of section 110 of the Act.
Part D: General Provisions for Nonattainment Areas
Before any of the marginal nonattainment counties may be
redesignated as attainment, they must fulfill the applicable
requirements of Part D. Under Part D, an area's classification
determines the requirements to which it is subject. Subpart 1 of Part D
sets forth the basic nonattainment requirements applicable to all
nonattainment areas. Subpart 2 of Part D establishes additional
requirements for ozone nonattainment areas classified under table 1 of
section 181(a). As described in the General Preamble, specific
requirements of Subpart 2 may override Subpart 1's general provisions,
(57 FR 13501 (April 16, 1992)). The H-W area is classified as marginal
nonattainment and is in the Ozone Transport Region (OTR). Therefore, in
order to be redesignated, the State must meet the applicable
requirements of Subpart 1 of Part D--specifically sections 172 and 176,
as well as the applicable requirements of Subpart 2 of Part D, except
for OTR requirements.
Section 172 Requirements
The H-W redesignation request has satisfied all of the relevant
submittal requirements under section 172 necessary for the area to be
redesignated to attainment.
Section 172(c)(3) requires submission and approval of a
comprehensive, accurate, and current inventory of actual emissions. The
requirement was superseded by the inventory requirement in section
182(a)(1). The MEDEP submitted such an inventory on July 26, 1995. This
inventory is being approved by EPA in this document.
Section 172(c)(5) requires permits for the construction and
operation of new and modified major stationary sources anywhere in the
nonattainment area. The Maine NSR rules were approved by EPA on Feb.
14, 1996 (61 FR 5690).
Section 176 Conformity Requirements
EPA has previously interpreted the conformity requirements as not
being applicable requirements for purposes of evaluating redesignation
requests (60 FR 62748; December 7, 1995).
Subpart 2 Section 182 Requirements (Additional Requirements)
The H-W area is classified as marginal nonattainment. Therefore,
Part D, Subpart 2, section 182(a) requirements apply. In accordance
with guidance presented in the Shapiro memorandum,5 the
requirements that were due prior to the submission of the requests to
redesignate the area must be fully approved into the SIP before the
requests to redesignate the area to attainment can be approved. Those
requirements are discussed below:
---------------------------------------------------------------------------
\5\ Memorandum from Michael H. Shapiro, Acting Assistant Admin.
for Air and Radiation, to Regional Air Directors, ``State
Implementation Plan (SIP) Requirements for Areas Submitting Requests
. . . on or After November 15, 1992,'' dated Sep 17, 1993, and
available from EPA Region I.
---------------------------------------------------------------------------
[[Page 9085]]
(1) 1990 Base Year Inventory
The 1990 base year emission inventory was submitted to EPA on July
26, 1995 and found complete on July 26, 1995, and is being approved in
this document.
(2) Permit Program
The Maine NSR rules were approved by EPA on Feb. 14, 1996 (61 FR
5690). An interim approval of Maine's Title V permit program was
published (61 FR 49289). Final approval will be published soon.
(3) RACT Fix-Ups
Pursuant to the Section 182(a)(2)(A) RACT fix-up requirement, Maine
submitted regulations for fixed roof petroleum tanks, bulk gasoline
terminals, and paper coating sources which were approved by EPA on
February 2, 1992 (57 FR 3946). In addition, the state submitted capture
efficiency test procedures which were approved by EPA on March 22, 1993
(58 FR 15281). Thus, Maine has fulfilled the RACT fix-up requirement.
(4) Periodic Inventory
In the H-W redesignation request, the State of Maine has supplied a
1993 inventory for VOC and NOX as part of its redesignation
request. This inventory will also fulfill the required 1993 periodic
inventory for Hancock and Waldo counties specified in CAA Section
182(3)(A).
(5) Emission Statements
The emission statements for Maine were approved by EPA on Jan. 10,
1995 (60 FR 2524).
(6) Offset Requirements
Section 182(a)(4) requires all major new sources or modifications
in a marginal nonattainment area within the OTR to achieve offsetting
reductions of precursors at a ratio of at least 1.1 to 1.0. Section 184
raises the ratio to 1.15 to 1, within the OTR. The Maine NSR rules were
approved by EPA on Feb. 14, 1996 with an offset ratio of 1.15 to 1 (61
FR 5690).
Section 184 OTR Requirements
In a previous rulemaking (61 FR 53174, Oct. 19, 1996), EPA stated
that since OTR requirements are regional in nature and EPA can sanction
an area separately for failure to submit or failure to implement OTR
requirements, these OTR measures would not be a requirement for
redesignations. In sum, redesignation to attainment will not remove the
requirements for Maine to adopt and implement any outstanding section
184 measures in the Hancock and Waldo Counties area.
NOX RACT Requirements
The H-W area received a wavier from NOX RACT requirements (60
FR 66748).
Criterion 4: The area must show that its experienced improvement in
air quality is due to permanent and enforceable measures.
EPA's Evaluation: The redesignation request has shown that, through
fully adopted and implemented, permanent and enforceable state and
federal measures, the area's air quality has improved. The request also
shows that the meteorology for the period 1989 to 1995 was not unusual.
Several permanent and enforceable control measures have been put
into place in the H-W area the most effective of which is the Federal
Motor Vehicle Control Program. Decrease in transported ozone has also
been a major factor in the improved air quality of this region. Since
1992 other programs have also been implemented in Maine, such as Non-
CTG VOC RACT, Stage I gasoline vapor recovery on smaller stations, and
reformulated gasoline.
Criterion 5: The area must have a fully approved maintenance plan
under section 175A of the Act, including contingency measures.
EPA's Evaluation: The state of Maine chose 1993 to be its
attainment year inventory and per EPA requirements must show
maintenance out to 2006. The ME submittal (Table 2) shows a decrease
trend in both VOC and NOX emissions from 1993 to 2006, and none of
the intermediate years have emissions above the 1993 base line.
Table 2.--Maintenance Inventory for H-W Area
[Summary of H-W VOC Emissions (tons per summer day)]
------------------------------------------------------------------------
1993 1996 2006
Sector attain proj. proj.
------------------------------------------------------------------------
Area......................................... 5.9 5.6 6.0
Point........................................ 1.4 1.4 1.5
Mobile....................................... 8.3 7.9 6.7
--------------------------
Totals................................... 15.7 14.9 14.2
------------------------------------------------------------------------
[Summary of H-W NOX Emissions (tons per summer day)]
------------------------------------------------------------------------
1993 1996 2006
Sector attain proj. proj.
------------------------------------------------------------------------
Area......................................... 0.5 0.5 0.5
Point........................................ 5.7 5.8 5.1
Mobile....................................... 11.0 10.3 9.3
--------------------------
Totals................................... 17.3 16.7 14.9
------------------------------------------------------------------------
The above tables show that the level of total emissions in the
attainment year, 1993, are not exceeded in either the interim year,
1996, or the final year, 2006. Note, the totals may not add-up due to
rounding. The state submittal shows that intermediate years also remain
below the 1993 baseline.
Contingencies for Approval
Sections 107(d)(3)(E)(iv) and 175A(d) of the Act require states to
include contingency provisions to correct promptly any NAAQS violations
that occur after redesignation. At a minimum the state must continue to
implement all SIP ozone measures in place before redesignation.
EPA's Evaluation: Maine will continue to implement its ozone SIP.
The Maine request listed several possible contingency measures for the
H-W area. These include: Accelerated vehicle retirement, consumer
product rules on adhesives, clean-fuel fleet programs, employee commute
options, marine vessel loading, pesticide application controls, rule
effectiveness improvements, Stage II gasoline vapor recovery, and
Transportation Control Measures (TCM's).
If the H-W area were to violate the ozone NAAQS, the MEDEP would
adopt the contingency measure that would be most appropriate to
minimize future violations of the NAAQS.
V. Final Action on Redesignation Request
EPA is approving the redesignation request.
VI. Procedural Background
The Agency has reviewed the request for revision of the Federally-
approved State implementation plan, and the request for redesignation
for conformance with the provisions of the 1990 amendments enacted on
November 15, 1990.
The EPA is publishing these actions without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
and the redesignation request should adverse or critical comments be
filed. This action will be effective April 29, 1997 unless, by March
31, 1997, adverse or critical comments are received.
If the EPA receives such comments, the action to which those
comments are relevant will be withdrawn before the effective date by
publishing a subsequent document that will withdraw the final
action(s). All public
[[Page 9086]]
comments received will be addressed in a subsequent final rule based on
this action serving as a proposed rule. The EPA will not institute a
second comment period on the action. Any parties interested in
commenting on these actions should do so at this time. If no such
comments are received, the public is advised that these actions will be
effective April 29, 1997.
Nothing in these actions should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan or redesignations. Each
request for revision to the State implementation plan or redesignation
shall be considered separately in light of specific technical,
economic, and environmental factors and in relation to relevant
statutory and regulatory requirements.
VII. Administrative Requirements
A. Executive Order 12866
These actions have been classified as a Table 3 actions for
signature by the Regional Administrator under the procedures published
in the Federal Register on January 19, 1989 (54 FR 2214-2225), as
revised by a July 10, 1995 memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation. The Office of Management and
Budget (OMB) has exempted these regulatory actions from E.O. 12866
review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the Agency
certifies that it does not have a significant impact on any small
entities affected. Moreover, due to the nature of the Federal-State
relationship under the CAA, preparation of a 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).
Redesignation of an area to attainment under section 107(d)(3)(E)
of the CAA does not impose any new requirements on small entities.
Redesignation is an action that affects the air quality planning status
of a geographical area and does not impose any regulatory requirements
on sources. The Agency certifies that the approval of the redesignation
request will not affect a substantial number of small entities.
C. Unfunded Mandates
Under Sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate, or to
the private sector, of $100 million or more. Under Section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval actions promulgated do not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, EPA submitted a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives and
the Comptroller General of the General Accounting Office prior to
publication of the rule in today's Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 29, 1997. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).) EPA encourages
interested parties to comment in response to the proposed rule rather
than petition for judicial review, unless the objection arises after
the comment period allowed for in the proposal.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Dated: February 3, 1997.
John P. DeVillars,
Regional Administrator, Region I.
For the reasons set out in the preamble title 40, chapter I of the
Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1036 is added to subpart U to read as follows:
Sec. 52.1036 Emission inventories.
(a) The Governor's designee for the State of Maine submitted 1990
base year emission inventories for the Knox and Lincoln Counties area,
the Lewiston and Auburn area, the Portland area, and the Hancock and
Waldo Counties area on July 25, 1995 as a revision to the State
Implementation Plan (SIP). The 1990 base year emission inventory
requirement of section 182(a)(1) of the Clean Air Act, as amended in
1990, has been satisfied for these areas.
(b) The inventory is for the ozone precursors which are volatile
organic
[[Page 9087]]
compounds, nitrogen oxides, and carbon monoxide. The inventory covers
point, area, non-road mobile, on-road mobile, and biogenic sources.
(c) The Knox and Lincoln Counties nonattainment area is classified
as moderate. The Lewiston and Auburn nonattainment area is classified
as moderate and consists of Androscoggin and Kennebec Counties. The
Portland nonattainment area is classified as moderate and consists of
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties
nonattainment area is classified as attainment.
(d) The Governor's designee for the State of Maine submitted 1993
periodic year emission inventories for the Hancock and Waldo Counties
area on May 13, 1996 as a revision to the State Implementation Plan
(SIP). The 1993 periodic year emission inventory requirement of section
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied
for the Hancock and Waldo counties area.
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.320 the ``Maine-Ozone'' table is amended by revising
the entry for ``Hancock County and Waldo County Area'' to read as
follows:
Sec. 81.320 Maine.
* * * * *
Maine--Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area -----------------------------------------------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Hancock County and Waldo County
Area:
Hancock County.............. Apr. 29, 1997................ Attainment.................
Waldo County................ Apr. 29, 1997................ Attainment.................
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
[FR Doc. 97-4963 Filed 2-27-97; 8:45 am]
BILLING CODE 6560-50-P
