[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6418]
[[Page Unknown]]
[Federal Register: March 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME-07-01-5672; A-1-FRL-4847-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Prevention of Significant Deterioration (PSD) Nitrogen Dioxide
(NO2) Increment Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine. This revision incorporates the class I
and class II Prevention of Significant Deterioration (PSD)NO2
increments and related requirements. The intended effect of this action
is to approve a program to implement the NO2 increments in the
State of Maine in accordance with the federal PSD regulations. This
action is being taken in accordance with section 110 of the Clean Air
Act.
DATES: This final rule will become effective May 17, 1994, unless
notice is received April 18, 1994 that adverse or critical comments
will be submitted. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air,
Pesticides and Toxics Management Division, 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
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air Docket 6102, U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460; and the Bureau of Air Quality Control,
Department of Environmental Protection, 71 Hospital Street, Augusta, ME
04333.
FOR FURTHER INFORMATION CONTACT: Lynne A. Hamjian, (617) 565-4181.
SUPPLEMENTARY INFORMATION: On July 16, 1990 and September 5, 1990, the
State of Maine submitted a formal revision to its SIP. The SIP revision
consists of a program to implement the NO2 increments to prevent
the significant deterioration of air quality in the State of Maine.
Background
On October 17, 1988 (53 FR 40656), EPA promulgated regulations
pursuant to section 166 of the Clean Air Act (the Act) to prevent
significant deterioration of air quality from emissions of nitrogen
oxides (NOx). These regulations establish the maximum allowable
increase in the ambient NO2 concentration above the baseline
concentration in an area. These maximum allowable increases are called
``increments.'' The increments use NO2 as the numerical measure
because NO2 is the pollutant on which the national ambient air
quality standards for NOx were based. In addition, NOx
emissions from stationary sources convert to NO2 in the
atmosphere.
The NO2 increment program has a three-tiered area
classification system which was established by Congress in section 163
for increments of sulfur dioxide and particulate matter. Class I areas
(including certain national parks and wilderness areas) were designated
by Congress as areas of special national concern, where the need to
prevent the significant deterioration in air quality is the greatest.
Therefore, the increment levels in class I areas are the most
stringent. Class II increments allow for a moderate degree of growth.
Class III increments allow for higher levels of industrial growth.
There are no class III areas in the country yet. (All areas not
specifically designated in the Act as Class I are designated as class
II, unless the state chooses to redesignate an area to class I or class
III.)
The NO2 increments for the three areas are the following:
Class I: 2.5 g/m3 annual arithmetic mean
Class II: 25 g/m3 annual arithmetic mean
Class III: 50 g/m3 annual arithmetic mean.
Forty CFR 51.166 sets forth the minimum federal requirements for
the PSD program. State PSD programs must meet all of these
requirements. The effective date of the amendments to 40 CFR 51.166
which incorporate the NO2 increments was October 17, 1989. The Act
allows states 9 months after the effective date to submit revised SIPs
incorporating the NO2 increments.
Summary of Maine's SIP Revision
The Maine Department of Environmental Protection (DEP) made
amendments to its regulations and statute which incorporate the PSD
NO2 increments and related requirements. On June 13, 1990, the
Maine Board of Environmental Protection (BEP) adopted the NO2
increments and related revisions to its regulations.
The State amended Chapter 100 ``Definitions Regulation,'' Chapter
110 ``Ambient Air Quality Standards,'' Chapter 113 ``Growth Offset
Regulation,'' and Chapter 115 ``Emission License Regulations.'' The
State also amended its New Source Review (NSR) SIP narrative. In
addition, the State deleted Chapter 108 (its former Emission Licensing
Regulation) which is no longer applicable in the State of Maine.
Chapter 115 now supersedes Chapter 108. This deletion is not part of
this rulemaking because Maine requested that EPA withdraw Chapter 108
from the SIP and EPA took action in a previous final rulemaking
document. EPA is approving an associated minor change to Chapter
115(l)(B) which deletes the grandfathering provisions for licensing.
The Maine DEP now requires all sources to comply with Chapter 115.
Finally, the State amended its definition of ``fuel burning equipment''
to clarify that equipment which combusts fuel to produce heat and power
(i.e., steam for heating, process use, and/or electrical generation) is
covered under the definition. The definition would not apply to
equipment that combusts fuel for the purpose of drying material by
direct contact with the combustion gases. This equipment would be
covered by the general process source particulate matter emissions
regulation.
The revisions establish the ambient air increments and require
applicants for PSD permits to assess increment consumption in class I
and class II areas. The Maine DEP did not submit the class III
increment and there are no class III areas in Maine. In the future, if
Maine redesignates an area to class III, it has committed to submitting
the class III increment for EPA approval. In addition, the Maine DEP
committed to developing a NOx emissions inventory, tracking
increment consumption periodically, determining increment consumption
between February 8, 1988 and July 14, 1990, and correcting any NO2
increment violations it may discover in the future.
On April 14, 1990, the Maine State Legislature adopted the NO2
increments in its statute, which became effective in the State of Maine
on July 14, 1990. The Maine Board of Environmental Protection adopted
these amendments to the regulations and they became effective in the
State of Maine on July 10, 1990. On July 16, 1990, September 5, 1990,
and November 2, 1990 the Maine DEP submitted these revisions as a SIP
revision to EPA.
EPA has evaluated these revisions and found they are equivalent to,
or in some instances, more stringent than, the requirements in 40 CFR
Sec. 51.166. Maine's NO2 increment program and EPA's evaluation
are detailed in a memorandum dated September 13, 1990 entitled
``Technical Support Document--Maine Prevention of Significant
Deterioration (PSD) Nitrogen Dioxide (NO2) Increment
Regulations.'' Copies of this memorandum are available, upon request,
from the EPA Regional Office listed in the ADDRESSES section of this
document. EPA has reviewed this SIP revision for conformance with the
provisions of the 1990 Clean Air Act Amendments enacted on November 15,
1990. This SIP revision addresses the NO2 increments and related
requirements. These NO2 increment requirements were promulgated by
EPA prior to November 15, 1990. These requirements are still mandated
under the Act; therefore, EPA is approving them in this action. Maine
is required to adopt other new source review revisions, however, in
accordance with the deadlines imposed in the Clean Air Act.\1\ EPA's
approval of the NO2 increments in no way relieves Maine of the
obligation to submit further revisions to its SIP to meet the Act's new
requirements according to the schedule contained in the Act. Maine will
be submitting these revisions to EPA as a separate package.
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\1\For example, Title I of the Clean Air Act Amendments of 1990
required Maine to submit nonattainment area NSR revisions for ozone
by November 15, 1992.
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EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. This action will be effective May 17, 1994 unless,
by April 18, 1994, notice is received that adverse or critical comments
will be submitted. If such notice is received, this action will be
withdrawn before the effective date by simultaneously publishing two
subsequent documents. One document will withdraw the final action and
another will begin a new rulemaking by announcing a proposal of the
action and establishing a comment period. If no such comments are
received, the public is advised that this action will be effective on
May 17, 1994.
Final Action
EPA is approving the revisions to the definitions of ``actual
emissions'' and ``baseline concentration'' in Chapter 100(1) and
Chapter 100(9) of Maine's Definitions Regulation and Chapter 110(10)
(except for Chapter 110(10)(C)(3)) of Maine's Ambient Air Quality
Standards Regulation, Chapter 113(II)(A) of Maine's Growth Offset
Regulation and Chapter 115(I)(B), (VII)(A), (VII)(B)(3), and
(VII)(D)(3) of Maine's Emission License Regulations which adopt an
NO2 increment program. In addition EPA is approving the new source
review narrative changes to Chapter 6 ``Review of New Sources and
Modifications.'' Finally, EPA is approving a change to the definition
of ``fuel burning equipment'' in Chapter 100(29).
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.
This action has been classified as a Table 3 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of
section 3 of Executive Order 12291 for a period of two years. The US
EPA has submitted a request for a permanent waiver for Table 2 and
Table 3 SIP revisions. The OMB has agreed to continue the waiver until
such time as it rules on US EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. 7410(a)(2).
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any State implementation plan. Each request for revision to
the State implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 17, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements.
Note: Incorporation by reference of the State Implementation
Plan for the State of Maine was approved by the Director of the
Federal Register on July 1, 1982.
Dated: February 18, 1994.
Patricia L. Meaney,
Acting Regional Administrator, Region I.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart U--Maine
2. Section 52.1020 is amended by adding paragraph (c)(29) to read
as follows:
Sec. 52.1020 Identification of plan.
* * * * * *
(c) * * *
(29) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 16, 1990,
September 5, 1990, and November 2, 1990.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated July 16, 1990, September 5, 1990, and November 2, 1990 submitting
revisions to the Maine State Implementation Plan.
(B) The definitions of actual emissions, baseline concentration,
and fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of
Maine's ``Definitions Regulation,'' Chapter 110(10) (except for Chapter
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,''
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission
License Regulations,'' effective in the State of Maine on July 10,
1990. Note that the revised state statute which contains the underlying
authority to implement the NO2 increments became effective on July
14, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
3. In Sec. 52.1031, Table 52.1031 is amended by adding new entries
to existing state citations for Chapter 100, Chapter 110, Chapter 113,
and Chapter 115 to read as follows:
Sec. 52.103 EPA-approved Maine regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
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Date
State Title/Subject adopted by Date approved by Federal Register 52.1020
citation State EPA citation
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* * * * * * * *
100........ Definitions...... 07/10/90 March 18, 1994... [Insert FR (c)(29) Changes to the
citation from following
published date]. definitions:
actual
emissions,
baseline
concentration
and fuel
burning
equipment in
Chapter 100(1),
(9), and (29).
* * * * * * * *
110........ Ambient Air 07/10/90 March 18, 1994... [Insert FR (c)(29) Addition of NO2
Quality citation from increments for
Standards. published date]. class I and II
areas in
Chapter
110(10). Note
that class III
increment in
Chapter
110(10)(C)(3)
is not part of
submittal.
* * * * * * * *
113........ Growth Offset 07/10/90 March 18, 1994... [Insert FR (c)(29) Change to
Regulation. citation from Chapter
published date]. 113(II)(A) to
include NO2.
* * * * * * * *
115........ Emission License 07/10/90 March 18, 1994... [Insert FR (c)(29) Changes to
Regulation. citation from Chapter
published date]. 115(I)(B),
(VII)(A),
VII)(B)(3), and
(VII)(D)(3) to
remove Chapter
108 and to
incorporate NO2
increments
requirements.
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[FR Doc. 94-6418 Filed 3-17-94; 8:45 am]
BILLING CODE 6560-50-P
