[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11274]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME-5-1-5497; A-1-FRL-4883-5]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Presque Isle Nonattainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing full approval of the State implementation
plan (SIP) submitted by the State of Maine to satisfy certain Federal
requirements for the Presque Isle nonattainment area. The purpose of
the Federal requirements is to bring about the attainment of the
National ambient air quality standard (NAAQS) for particulate matter
with an aerodynamic diameter less than or equal to a nominal 10
micrometers (PM-10). EPA also proposes to modify the borders of the
Presque Isle nonattainment area to more closely contain the actual area
where PM-10 concentrations approach ambient standards. EPA also
proposes to approve an update of Maine's emergency episode regulation
applicable state-wide. This action is being taken under the
Implementation Plans section of the Clean Air Act.
DATES: Comments on this proposed action must be received in writing by
July 11, 1994. Public comments on this document are requested and will
be considered before taking final action on this SIP revision.
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 Bldg., Boston, MA 02203-2211.
Copies of the State's submittal and EPA's technical support document
are available for inspection by appointment during normal business
hours at Air, Pesticides, and Toxics Management Division; U.S.
Environmental Protection Agency, Region I; One Congress Street, 10th
floor; Boston, Massachusetts; and at the Bureau of Air Quality Control;
Department of Environmental Protection; 71 Hospital Street; Augusta,
Maine 04333.
FOR FURTHER INFORMATION CONTACT: Brian Hennessey, (617)565-3223.
SUPPLEMENTARY INFORMATION:
Background
Part D, subparts 1 and 4 of title I of the Act set out air quality
planning requirements for moderate PM-10 nonattainment areas. The EPA
has issued a ``General Preamble'' describing EPA's preliminary views on
how EPA intends to review SIP's and SIP revisions submitted under title
I of the Act, including those State submittals containing moderate PM-
10 nonattainment area SIP requirements (see generally 57 FR 13498
(April 16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is
describing its interpretations here only in broad terms, the reader
should refer to the General Preamble for a more detailed discussion of
the interpretations of title I advanced in today's proposal and the
supporting rationale. In this rulemaking action on the Maine moderate
PM-10 SIP, EPA is proposing to apply its interpretations taking into
consideration the specific factual issues presented. Thus, before
taking final action on this proposal, EPA will consider any timely
submitted comments.
By November 15, 1991, States containing initial moderate PM-10
nonattainment areas were required to submit, among other things, the
following:
Provisions to assure that reasonably available control measures
(RACM) (including such reductions in emissions from existing sources in
the area as may be obtained through the adoption, at a minimum, of
reasonably available control technology--RACT) shall be implemented no
later than December 10, 1993;
Either a demonstration (including air quality modeling) that the
plan will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 or a demonstration that attainment by that
date is impracticable;
3. Quantitative milestones which are to be achieved every 3 years
and which demonstrate reasonable further progress (RFP) toward
attainment by December 31, 1994; and
4. Provisions to assure that the control requirements applicable to
major stationary sources of PM-10 also apply to major stationary
sources of PM-10 precursors except where the Administrator determines
that such sources do not contribute significantly to PM-10 levels which
exceed the NAAQS in the area. See sections 172(c), 188, and 189 of the
Act.
Some provisions are due at a later date. States with initial
moderate PM-10 nonattainment areas were required to submit a permit
program for the construction and operation of new and modified major
stationary sources of PM-10 by June 30, 1992 [see section 189(a)]. Such
States also must submit contingency measures by November 15, 1993 which
become effective without further action by the State or EPA, upon a
determination by EPA that the area has failed to achieve RFP or to
attain the PM-10 NAAQS by the applicable statutory deadline. See
section 172(c)(9) and 57 FR 13543-13544.
Summary of Maine's SIP Submittal
Section 110(k) of the Act sets out provisions governing EPA's
review of SIP submittals (see 57 FR 13565-13566). In today's action,
EPA is proposing to grant approval of the plan revisions submitted to
EPA on August 14, 1991 and October 22, 1991, which completed the
attainment plan for Presque Isle by meeting all of the applicable
requirements of the Act. Interested parties should consult the
Technical Support Document (TSD) dated January 2, 1994 or Maine's
submission for details on the aspects of Presque Isle's SIP summarized
in the following paragraphs.
1. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the Act provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing.1 Section 110(l) of the Act similarly provides that
each revision to an implementation plan submitted by a State under the
Act must be adopted by such State after reasonable notice and public
hearing.
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\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).
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EPA also must determine whether a submittal is complete and
therefore warrants further EPA review and action (see section 110(k)(1)
and 57 FR 13565). EPA's completeness criteria for SIP submittals are
set out at 40 CFR part 51, appendix V (1991), as amended by 57 FR 42216
(August 26, 1991). The EPA attempts to make completeness determinations
within 60 days of receiving a submission. However, a submittal is
deemed complete by operation of law if a completeness determination is
not made by EPA 6 months after receipt of the submission.
The State of Maine held a public hearing on July 31, 1990 to
entertain public comment on the implementation plan proposed for
Presque Isle. Following the public hearing the plan was adopted by the
Maine Department of Environmental Protection (DEP) on March 11, 1991
and submitted to EPA on August 14, 1991 as a proposed revision to the
SIP by the Governor's designee, the Director of the Bureau of Air
Quality Control. On August 22, 1990, the State of Maine held a public
hearing on changes to its emergency episode regulation concerning PM-
10. The Maine Board of Environmental Protection adopted the revised
emergency episode regulation on October 10, 1990, and the Governor's
designee submitted it to EPA on October 22, 1991 as a proposed revision
to the SIP.
The submittals were reviewed by EPA to determine completeness, in
accordance with the criteria set out at 40 CFR part 51, appendix V
(1991), as amended by 57 FR 42216 (August 26, 1991). They were found to
be complete and a letter dated January 13, 1992, from the EPA Regional
Administrator informed the Governor's designee that the submittals had
been determined complete and explained how the review process would
proceed. In today's action EPA proposes to approve Maine's PM-10 SIP
submittal for Presque Isle and invites public comment on the action.
2. Accurate Emissions Inventory
Section 172(c)(3) of the Act requires that nonattainment plan
provisions include a comprehensive, accurate, and current inventory of
actual emissions from all sources of relevant pollutants in the
nonattainment area. The emissions inventory should also include a
comprehensive, accurate, and current inventory of allowable emissions
in the area. Because such inventories are necessary to an area's
attainment demonstration, the emissions inventories must be received
with the attainment SIP submission (see 57 FR 13539).
Maine submitted an emissions inventory for base year 1988.
Entrainment of dust by vehicular traffic over paved streets contributed
3007 tons of the base year actual PM-10 emissions, which totalled 3436
tons. Point sources contributed 171 tons, and area sources, mainly oil
combustion at industrial and commercial facilities, added 67 tons more.
EPA could not duplicate Maine's inventory of 1988 base year PM-10
emissions, but for 1989 estimated that entrained road dust contributed
2884 tons to the nonattainment area's 3163 ton actual PM-10 emission
total. Although section 172(c)(3) requires that the inventory be
``current,'' an analysis based on receptor modeling is better supported
by an inventory for the period subject to that analysis, in this case
1987-1990. EPA believes a 1989 inventory base year is a reasonable
compromise between the requirements for a current inventory and the
need to perform receptor modeling on PM-10 samples collected in earlier
years. This review satisfied EPA that Maine's inventory was
sufficiently accurate and comprehensive for determining the adequacy of
the attainment demonstration for Presque Isle consistent with the
requirements of sections 172(c)(3) and 110(a)(2)(K) of the Clean Air
Act.2 Therefore, EPA is proposing to approve the emissions
inventory. The TSD has further details.
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\2\The EPA issued guidance on PM-10 emissions inventories prior
to the enactment of the Clean Air Act Amendments in the form of the
1987 PM-10 SIP Development Guideline. The guidance provided in this
document appears to be consistent with the Act.
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3. RACM (Including RACT)
As noted, the initial moderate PM-10 nonattainment areas must
submit provisions to assure that RACM (including RACT) are implemented
no later than December 10, 1993 (see sections 172(c)(1) and
189(a)(1)(C)). The General Preamble contains a detailed discussion of
EPA's interpretation of the RACM (including RACT) requirement (see 57
FR 13539-13545 and 13560-13561).
The submission attributed highest PM-10 concentrations in Presque
Isle to the large amounts of antiskid materials which the city must use
for snow and ice control each winter. Diesel exhaust contributes to
high PM-10 in much smaller but detectable amounts. No other sources or
source categories impact high PM-10 levels.
The submission includes a memorandum of understanding (MOU) by
which the City of Presque Isle, the Maine Department of Transportation,
and DEP apply measures which will reduce the entrainment of spent
antiskid materials by vehicular traffic in central Presque Isle. At
traffic levels projected for 2001, these control measures, described in
the section on enforceability issues below, reduce allowable PM-10
emissions by 1800 tons annually. DEP determined that further control of
diesel exhaust or point source emissions would not expedite attainment
of, or maintain, PM-10 NAAQS in Presque Isle. The TSD discusses
individual source contributions more fully and explains why other
available control measures were not implemented. The implementation of
Maine's control strategy in its PM-10 nonattainment plan control
strategy provides for attainment of the PM-10 NAAQS and will maintain
compliance with standards through January 1, 1998, as EPA requires. By
this document, EPA is proposing to approve the control strategy as
meeting RACM and RACT requirements.
4. Demonstration
As noted, initial moderate PM-10 nonattainment areas must submit a
demonstration (including air quality modeling) showing that the plan
will provide for attainment as expeditiously as practicable but no
later than December 31, 1994 (see section 189(a)(1)(B) of the Act). The
Maine DEP submitted an attainment demonstration based on a
determination of PM-10 design concentrations based on 6 years of PM-10
measurements. Design concentrations lower than the NAAQS. DEP analyzed
PM-10 nonattainment in Presque Isle with a microinventory of PM-10
emissions, optical and scanning electron/energy dispersive electroprobe
microscopy of PM-10 filters, and analyses of aerometric data collected
since 1980. Version 7.0 of the Chemical Mass Balance Model (CMB7) was
the primary means by which DEP examined and modeled maintenance of the
24-hour PM-10 NAAQS, however.
The 24-hour PM-10 NAAQS is 150 micrograms per cubic meter
(g/m3), and the standard is attained when the expected
number of days per calendar year with a 24-hour average concentration
above 150 g/m3 is equal to or less than one (see 40 CFR
50.6). Based on 1986-88 data, the 24-hour design concentration for
Presque Isle was 140 g/m3. This demonstrates, and all
later data confirms, that Presque Isle is not violating the 24-hour PM-
10 NAAQS. The annual PM-10 NAAQS is attained when the expected annual
arithmetic mean concentration is less than or equal to 50 g/
m3. The annual design concentration of 27 g/m3 for
1988 demonstrates that Presque Isle is not violating the annual PM-10
NAAQS.
An analysis of DEP's CMB7 receptor modeling indicates that the
control strategy, summarized above in the section titled ``RACM
(including RACT),'' will maintain PM-10 NAAQS in Presque Isle to
January 1, 1998, area-averaged growth rates assumed. This meets the EPA
requirement for a minimum 3-year maintenance projection beyond the
statutory December 31, 1994 attainment deadline. The TSD provides more
details on EPA's review of the maintenance demonstration and the
control strategy used.
5. PM-10 Precursors
The control requirements which are applicable to major stationary
sources of PM-10, also apply to major stationary sources of PM-10
precursors unless EPA determines such sources do not contribute
significantly to PM-10 levels in excess of the NAAQS in that area (see
section 189(e) of the Act).
An analysis of air quality and emissions data for Presque Isle
demonstrates that high 24-hour PM-10 concentrations are solely
attributable to direct particulate matter emissions from entrainment of
snow and ice control materials by traffic on paved roads and from
diesel exhaust. EPA has determined that gaseous emissions, such as VOC,
SO2, and NO2, do not form PM-10 and contribute to PM-10
levels above the NAAQS in Presque Isle. Consequently, stationary
sources in Presque Isle need no further emission controls for possible
PM-10 precursors. The TSD contains a further discussion of the data and
analyses addressing the contribution of possible precursor sources in
this area.
Note that while EPA is making a general finding for this area,
today's finding is based on the current character of the area
including, for example, the existing mix of sources in the area
regarding the impact of PM-10 precursors. It is possible, therefore,
that future growth could change the significance of precursors in the
area. EPA intends to issue future guidance addressing such potential
changes in the significance of precursor emissions in an area.
6. Quantitative Milestones and Reasonable Further Progress
Section 171(1) defines reasonable further progress (RFP) as such
annual incremental reductions in emissions of the relevant air
pollutant as are required by part D or may reasonably be required by
the Administrator for the purpose of ensuring attainment of the
applicable NAAQS by the applicable date. The PM-10 nonattainment area
plan revisions demonstrating attainment must contain quantitative
milestones which are to be achieved every 3 years until the area is
redesignated attainment and which demonstrate RFP toward attainment by
December 31, 1994 (see section 189(c) of the Act).
In implementing RFP for this initial moderate area, EPA has
reviewed the attainment demonstration and control strategy for the area
to determine whether annual incremental reductions different from those
provided in the SIP should be required in order to ensure attainment of
the PM-10 NAAQS by December 31, 1994 (see section 171(1)). The State of
Maine's PM-10 SIP requires that all measures required for attainment be
fully implemented effective December 1, 1991. EPA considers this to
meet the requirement for quantitative milestones because no more
expeditious implementation schedule could be prescribed. Maine has
until early 1995 (i.e., shortly after the statutory attainment date) to
report to EPA whether Presque Isle has actually complied with its
single milestone.
7. Enforceability Issues
All measures and other elements in the SIP must be enforceable by
the State and EPA (See sections 172(c)(6), 110(a)(2)(A) and 57 FR
13556). The EPA criteria addressing the enforceability of SIP's and SIP
revisions were stated in a September 23, 1987 memorandum (with
attachments) from J. Craig Potter, Assistant Administrator for Air and
Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions
must also contain a program that provides for enforcement of the
control measures and other elements in the SIP (see section
110(a)(2)(C)).
The particular control measures contained in the SIP are addressed
above under the section headed ``RACM (including RACT).'' These control
measures apply exclusively to the entrainment of spent snow and ice
control materials from public paved roads in central Presque Isle.
Under part B of a memorandum of understanding (MOU) which DEP entered
into on March 11, 1991, with the City of Presque Isle and the Maine
Department of Transportation, the city must use improved (i.e., low
entrainment) antiskid materials on its roads. As noted previously, the
MOU is included in DEP's submission and will be incorporated into the
SIP. Between December 1 and May 1 each year, as a surrogate for PM-10
emission limitations, the city must also maintain silt loadings on dry
roads below 10 g/m2. Part B lists the streets where these
requirements apply. DEP or EPA may require Presque Isle to test
antiskid material stockpiles by methods prescribed in Part B, keep
records, and report records and test results. Part B also specifies the
method DEP must use to determine compliance by the city with the silt
loading limit.
Consistent with the attainment demonstration described above, the
MOU requires that all affected activities must be in full compliance
with the applicable SIP provisions by December 1, 1991. In addition to
the applicable control measures, this includes the applicable record-
keeping requirements which are addressed in the supporting technical
information. With the compliance methods prescribed, EPA believes that
the requirements in part B of the MOU will be achievable by the city
and enforceable by either EPA or DEP. Moreover, DEP has a regional
office in Presque Isle and its personnel can ensure that all
signatories meet their obligations under the MOU. Appendix B to EPA's
TSD examines the enforceability of Presque Isle's PM-10 SIP in greater
detail and refers interested parties to salient sections of Maine's
submittal.
8. Contingency Measures
As provided in section 172(c)(9) of the Act, all moderate
nonattainment area SIP's that demonstrate attainment must include
contingency measures. See generally 57 FR 13543-14544. These measures
must be submitted by November 15, 1993 for the initial moderate
nonattainment areas. Contingency measures should consist of other
available measures that are not part of the area's control strategy.
These measures must take effect without further action by the State or
EPA, upon a determination by EPA that the area has failed to make RFP
or attain the PM-10 NAAQS by the applicable statutory deadline.
As noted above, EPA indicated that States containing initial
moderate nonattainment areas, including Maine, did not need to submit
the contingency measures required under 172(c)(9) until November 15,
1993 (see 57 FR 13543 (April 16, 1992)). DEP's SIP submission for the
Presque Isle nonattainment area contained no contingency measures.
There is nothing else in the Act nor in the actions that are subject to
this document that relieves Maine of the statutory obligation to meet
the contingency measures requirement. On January 26, 1994, EPA sent
Maine a formal finding of failure to submit PM-10 contingency measures
for the Presque Isle nonattainment area. Maine will be providing
contingency measures, pursuant to section 172(c)(9), in a separate
submittal. EPA will act on this requirement in a separate document.
9. Other Section 110 Requirements
DEP has also revised its Chapter 109 ``Emergency Episode
Regulation.'' The regulation now contains the PM-10 alert, warning and
emergency levels that appear in EPA's ``Example Regulations for
Prevention of Air Pollution Emergency Episodes'' (appendix L to part
51). The regulation continues to apply statewide and with its adoption
DEP has met all section 110 requirements that currently apply to the
Presque Isle PM-10 nonattainment area.
10. Boundaries of the Nonattainment Area
If a State makes a persuasive demonstration (SIP equivalent) over
the proper scope of a disputed nonattainment area designation, EPA will
consider whether it would be appropriate to correct the error relying
on the authority in section 110(k)(6) of the Act. (See 56 FR 37656 (8
August 1991).) DEP's SIP submission includes a request that EPA replace
the present borders of the nonattainment area, which consist of
township boundaries enclosing 80 square miles, with borders which are
comprised of a series of streets bounding an area of roughly 0.6 square
mile. The attainment demonstration in Presque Isle's PM-10 SIP
supplants past DEP submittals on the spatial extent of elevated PM-10
levels in Presque Isle. The modeling in the SIP submittal includes a
detailed, gridded PM-10 microinventory and shows that the 0.6 square
mile area mentioned above circumscribes the area of high emission
densities and ambient PM-10 levels. Since Presque Isle is not actually
violating the PM-10 NAAQS, EPA believes it is appropriate to redefine
the nonattainment area as comprising just that area containing those
heavily trafficked paved roads, which are shown to dominate PM-10 air
quality in downtown Presque Isle, and which the MOU will control.
Therefore, pursuant to section 110(k)(6) of the Act, EPA is proposing
to modify the boundaries of the Presque Isle nonattainment area as DEP
requests.
Implications of EPA's Proposed Approval
The EPA is proposing to approve the plan revisions submitted to EPA
for the Presque Isle nonattainment area on August 14, 1991, and the
updated emergency episode requirements applicable statewide submitted
on October 10, 1991. EPA also proposes to alter the boundaries of the
Presque Isle PM-10 nonattainment area as requested by DEP. Among other
things, the State of Maine has demonstrated that the Presque Isle
moderate PM-10 nonattainment area will achieve compliance with the PM-
10 NAAQS by December 31, 1994 and maintain compliance at least until 1
January 1998. As noted, additional submittals for the Presque Isle
nonattainment area are due at later dates. The EPA will determine the
adequacy of any such submittal as appropriate.
Request for Public Comments
The EPA is requesting comments on all aspects of today's proposal.
EPA will consider any written comments received by July 11, 1994 at the
Region I office listed in the ADDRESSES section of this document.
Under 5 U.S.C. 605(b), I certify that this SIP revision will not
have a significant economic impact on a substantial number of small
entities. (See 46 FR 8709.)
This action has been classified as a Table 1 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225).
Under 5 U.S.C. 605(b), the Administrator certifies that SIP
approvals under sections 107, 110 and 172 of the Clean Air Act will not
have a significant economic impact on a substantial number of small
entities. SIP approvals (or redesignations) do not create any new
requirements but simply approve requirements that are already State
law. SIP approvals (or redesignations), therefore, do not add any
additional requirements for small entities. Moreover, due to the nature
of the Federal-State relationship under the Clean Air Act, preparation
of a flexibility analysis for a SIP approval would constitute Federal
inquiry into the economic reasonableness of the State actions. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds.
The Office of Management and Budget has exempted this action from
the requirements of section 6 of Executive Order 12866.
The Administrator's decision to approve or disapprove the SIP
revision will be based on whether it meets the requirements ofsection
110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and
EPA regulations in 40 CFR part 51.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: February 25, 1994.
Harley Laing,
Acting Regional Administrator, Region I.
[FR Doc. 94-11274 Filed 5-9-94; 8:45 am]
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