[Federal Register Volume 62, Number 85 (Friday, May 2, 1997)]
[Rules and Regulations]
[Pages 24038-24040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11483]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[ME3-1-5258a; A-1-FRL-5815-2]
Approval and Promulgation of Redesignation; Maine; Redesignation
of Millinocket to Attainment for Sulfur Dioxide
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a redesignation request submitted by the
State of Maine. This request will redesignate Millinocket, ME from
nonattainment to attainment for sulfur dioxide (SO2). This
action is being taken in accordance with the Clean Air Act.
DATES: This action will become effective July 1, 1997, unless notice is
received by June 2, 1997 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 Susan Studlien, Deputy Director,
Office of Ecosystems Protection, 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 of Ecosystems Protection, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C.
20460; and the Bureau of Air Quality Control, Department of
Environmental Protection, 71 Hospital Street, Augusta, ME 04333;
FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, (617) 565-3568.
SUPPLEMENTARY INFORMATION: On April 30, 1984, the Maine Department of
Environmental Protection (DEP) submitted a request to redesignate the
area of Millinocket, ME from nonattainment to attainment for
SO2. The area was designated nonattainment in 1978 based on
several monitored exceedences of the 24-hour National Ambient Air
Quality Standard (NAAQS) for SO2.
Section 107(d)(3)(D) of the Clean Air Act of 1990 (CAA) allows the
Governor of a state to request the redesignation of an area designated
nonattainment to attainment.
Section 107(d)(3)(E) of the CAA lists the requirements which must
be met before EPA can redesignate an area to attainment.
Background
In 1978, Millinocket was declared nonattainment for SO2.
The only significant source of SO2 in the area is a paper
mill, operated at the time by the Great Northern Paper Company. The
mill is currently operated by Bowater, Inc. In 1980, a sulfur dioxide
attainment plan for Millinocket was submitted and approved by EPA (45
FR 81941).
After this plan was approved, the area maintained compliance with
the NAAQS for 12 consecutive quarters, and on December 29, 1983, the
Governor of the State of Maine submitted a request to redesignate the
area to attainment. EPA determined that the original request was
incomplete since the monitored data alone was not sufficient to declare
the area attainment. Maine DEP resubmitted the request accompanied by a
modeling study on April 30, 1984. EPA then determined that the request
was complete on June 19, 1984.
EPA was unable to process the redesignation request, however,
because of a pending challenge to the use of ``merged'' stacks to
comply with the ambient standards. See NRDC v. Thomas, 838 F.2d 1224
(D.C. Cir. 1988), cert. denied 109 S.Ct. 219 (1988). As part of the
attainment plan, Great Northern had built a single merged stack for
three exhaust streams. Litigants in NRDC v. Thomas had challenged
whether it was proper to consider such a configuration in a modeling
study. EPA has determined that these air streams were merged for sound
economic and engineering reasons prior to 1985, and that sulfur
emissions did not increase as a result of the merged stack. Therefore,
EPA has determined that the merged stack is not a dispersion technique
and may be included in the modelling. See 40 CFR 51.100(hh)(2)(ii)(C)
and NRDC v. Thomas, 838 F.2d at 1255. The publicly available docket
supporting this action
[[Page 24039]]
includes a technical support document which describes the basis for
this determination in more detail.
Monitors in the Millinocket area have shown that since the original
plan was implemented, the area has never violated the SO2
standard during the last 16 years.
Section 107(d)(3)(E) requires the state to submit a maintenance
plan as described in Section 175A. Maine has agreed to a maintenance
plan which will protect the air quality in the Millinocket area. The
plan includes contingency measures to be taken if future violations of
the NAAQS occur. EPA requires the contingency measures for
SO2 maintenance plans to include a program to identify
sources of violations of the SO2 NAAQS and to undertake
aggressive enforcement activity to address any SIP violations. 57 FR
13498, #13547 (April 16, 1992). The Bowater mill is the only large
sulfur source in Millinocket likely to be responsible for sulfur NAAQS
exceedences, and Maine has an ample enforcement program to assure that
it complies with the SIP. The plan is part of the publicly available
docket supporting this action.
EPA's review of this material indicates that Millinocket should be
redesignated to attainment for SO2.
Summary of This Action
This action will redesignate Millinocket, ME from nonattainment for
SO2 to attainment for SO2. By doing this, the
entire Air Quality Control Region 109 will be in attainment for
SO2.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective July 1, 1997 unless adverse or critical comments are received
by June 2, 1997.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
document that will withdraw the final action. All public comments
received will then 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 this action. Any parties interested in
commenting on this action should do so at this time. If no such
comments are received, the public is advised that this action will be
effective on July 1, 1997.
Final Action
EPA is approving Maine's request to redesignate Millinocket to
attainment for SO2.
This action has been classified as a Table 3 action 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 this regulatory action from review under Executive Order
12866.
Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action 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 this regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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.
The SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act (Act) do not create any new requirements by 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 Act, preparation of a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of State
action. The Act forbids EPA to base its actions concerning SIPs on such
grounds. See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66
(1976); 42 U.S.C. 7410(a)(2).
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 action promulgated does 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) 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 July 1, 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.
[[Page 24040]]
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Reporting and
recordkeeping requirements, Sulfur oxides.
Dated: March 20, 1997.
John P. DeVillars,
Regional Administrator, Region I.
Part 81 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 81--[AMENDED]
1. The authority for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart C--Maine
2. Section 81.320 is amended by revising the table for
SO2 to read as follows:
Sec. 81.320 Maine.
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SO2
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Does not meet primary Does not meet secondary Better than national
Designated area standards standards Cannot be classified standard
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AQCR 110............................ ........................... ........................... ........................... X
AQCR 107............................ ........................... ........................... ........................... X
AQCR 109............................ ........................... ........................... ........................... X
AQCR 108-Madawaska.................. ........................... ........................... X.......................... ...........................
Rest of region.................. ........................... ........................... ........................... X
AQCR 111............................ ........................... ........................... ........................... X
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[FR Doc. 97-11483 Filed 5-1-97; 8:45 am]
BILLING CODE 6560-50-P
