95-21464. Approval and Promulgation of Air Quality Implementation Plans Maine; Redesignation to Attainment and PMINF10 Contingency Measures for Presque Isle  

  • [Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
    [Rules and Regulations]
    [Pages 45056-45060]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-21464]
    
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Parts 52 and 81
    
    [ME-19-1-6668a; A-1-FRL-5273-5]
    
    
    Approval and Promulgation of Air Quality Implementation Plans--
    Maine; Redesignation to Attainment and PM10 Contingency Measures 
    for Presque Isle
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Direct final rule.
    
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    SUMMARY: EPA is fully approving Maine's request to redesignate the 
    Presque Isle area to attainment for particulate matter with an 
    aerodynamic diameter less than or equal to a nominal 10 micrometers 
    (PM10), along a maintenance demonstration and contingency plans 
    which outline Maine's control strategy for maintenance of the PM10 
    national ambient air quality standards (NAAQS). EPA is also approving a 
    State Implementation Plan (SIP) revision submitted by the State of 
    Maine to satisfy federal requirements for contingency measures for the 
    Presque Isle initial nonattainment area. This action is being taken 
    under the Clean Air Act.
    
    DATES: This final rule is effective October 30, 1995, unless notice is 
    received by September 29, 1995 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, Acting Director, 
    Air, Pesticides and Toxics Management Division, EPA-New England, JFK 
    Federal Building (AAA), Boston, MA 02203-2211. Copies of the documents 
    relevant to this action are available for public inspection by 
    appointment during normal business hours at the Air, Pesticides and 
    Toxics Management Division, EPA-New England, One Congress Street, 10th 
    floor, Boston, MA; Air and Radiation Docket and Information Center, US 
    Environmental Protection Agency, 401 M Street, SW (LE-131), Washington, 
    DC 20460; and the Bureau of Air Quality Control, Department of 
    Environmental Protection, 71 Hospital Street, Augusta, ME 04333.
    
    FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns, (617) 565-4982.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Part D, Subparts 1 and 4 of Title I of the Clean Air Act Amendments 
    of 1990 (hereafter referred to as ``the Act'') set out air quality 
    planning requirements for moderate PM10 nonattainment areas. The 
    EPA has issued a ``General Preamble'' describing EPA's preliminary 
    views on how EPA intends to review SIPs and SIP revisions submitted 
    under Title I of the Act, including those State submittals containing 
    moderate PM10 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 this 
    approval and the supporting rationale.
        By November 15, 1991, States containing initial moderate PM10 
    nonattainment areas were required to submit most elements of their 
    PM10 SIP. [See Secs. 172(c), 188, and 189 of the Act.] Some 
    provisions were due at a later date. For example, 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 PM10 NAAQS by the applicable statutory deadline. [See 
    Sec. 172(c)(9) and 57 FR 13543-44.]
        In order for an area to be redesignated as attainment, the State 
    must meet the following conditions listed in Sec. 107(d)(3)(E) of the 
    Act:
    
        (i) The EPA has determined that the NAAQS have been attained.
        (ii) The applicable implementation plan has been fully approved 
    by EPA under Sec. 110(k).
        (iii) The EPA has determined that the improvement in air quality 
    is due to permanent and enforceable reductions in emissions.
        (iv) The State has met all applicable requirements for the area 
    under Sec. 110(k) and Part D.
        (v) The EPA has fully approved a maintenance plan, including a 
    contingency plan, for the area under Sec. 175A.
    
        EPA guidance titled ``Procedures for Processing Requests to 
    Redesignate Areas to Attainment'' (September 4, 1992 memorandum from 
    AQMD Director John Calcagni) outlines how to assess the adequacy of 
    redesignation requests against the conditions listed above.
    
    Summary of Maine's SIP Revision and Redesignation Request for 
    Presque Isle
    
        On January 12, 1995, EPA approved Maine's PM10 Attainment Plan 
    (60 FR 2885) for Presque Isle. However, on January 26, 1994, EPA had 
    notified Maine of ``a finding of failure to submit'' contingency 
    measures for PM10, which were due by November 15, 1993. According 
    to EPA guidance titled ``Contingency Measure Due Date for Initial 
    PM10 Moderate Nonattainment Areas'' (February 25, 1992 memo from 
    Calcagni), states were not obligated to submit contingency measures 
    until EPA established a due date for their submittal. On April 16, 1992 
    EPA gave States until November 15, 1993 to submit required contingency 
    measures. (See General Preamble at 57 FR 13543 footnote 26.) Although 
    the due date for contingency measures had passed by the 
    
    [[Page 45057]]
    time EPA proposed approval of Maine's PM10 Attainment Plan, EPA 
    fully approved of this SIP revision because it meets all requirements 
    applicable as of the time of its adoption by Maine and submittal to 
    EPA. Furthermore, full approval did not relieve Maine from the 
    obligation to submit a separate SIP revision to meet contingency 
    measure requirements. (See 59 FR 24096 (May 10, 1994).)
        On June 1, 1994, the Maine Department of Environmental Protection 
    (Maine DEP) submitted a SIP revision for Chapter 114 ``Classification 
    of Air Quality Control Regions'' and a request to redesignate the 
    Presque Isle area to attainment for PM10, accompanied by 
    contingency and maintenance plans. On July 22, 1994, EPA-New England 
    determined this submittal was complete and acceptable for processing. 
    The completeness determination stopped the associated sanctions clock 
    for failure to submit contingency measures. EPA also noted that Maine's 
    contingency plan could satisfy both the contingency measure requirement 
    for initial moderate PM10 nonattainment areas under Sec. 172(c)(9) 
    and the contingency provisions required for redesignation under 
    Sec. 175A(d).
        Section 110(k) of the Act sets out provisions governing EPA's 
    review of SIP submittals. (See 57 FR 13565-66.) Specific requirements 
    and the rationale for EPA's approval action are detailed in the 
    Technical Support Document (TSD), dated May 18, 1995, and are 
    summarized, but not restated, here in the following paragraphs. 
    Interested parties should consult the TSD or Maine's submittal for 
    details.
    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. 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. Section 172(c) of the Act also requires that plan provisions 
    for nonattainment areas meet the applicable provisions of 
    Sec. 110(a)(2).
        EPA must also determine whether a submittal is complete and 
    therefore warrants further EPA review and action. [See Sec. 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).1 EPA attempts to make completeness 
    determinations within 60 days of receiving a submittal. However, a 
    submittal is deemed complete by operation of law if EPA does not make a 
    completeness determination by 6 months after receipt of the submittal.
    
        \1\ Since redesignations are subject to Sec. 107(d)(3)(D) rather 
    than Sec. 110(k), EPA is not required to promulgate completeness 
    criteria or make completeness determinations on redesignations. 
    However, under its general rulemaking authority of Sec. 301(a) of 
    the Act as necessary to implement the requirements of 
    Sec. 107(d)(3)(D), EPA has determined it is appropriate to apply the 
    completeness criteria applicable to Sec. 110(k) actions to 
    redesignations. (See 56 FR 42216-7, August 26, 1991.)
    ---------------------------------------------------------------------------
    
        The State of Maine held a public hearing on March 24, 1994 to 
    entertain public comment on the redesignation request and contingency 
    measures for Presque Isle. EPA reviewed Maine's submittal to determine 
    completeness in accordance with criteria outlined in 40 CFR Part 51 
    Appendix V and as amended by 57 FR 42216 (August 26, 1991). As noted 
    above, EPA-New England informed the Director of Maine DEP's Bureau of 
    Air Quality (the Maine Governor's designee) that the submittal was 
    complete and explained how the review process would proceed.
    
    Redesignation to Attainment
    
        In the TSD prepared for approval of Maine's PM10 Attainment 
    Plan (January 2, 1994 memorandum from Brian Hennessy), EPA noted that 
    the NAAQS have been attained and that the improvement in air quality is 
    due to permanent and enforceable reductions in emissions [requirements 
    (i) and (iii) above] had already been met for purposes of redesignating 
    Presque Isle to attainment. With the following explanations, Maine's 
    redesignation request has satisfied the remainder of EPA's guidance 
    concerning redesignation to attainment.
    
    Maintenance Plan and Contingency Provisions Under Section175A
    
        Section 175A defines the general frame work of a maintenance plan. 
    The maintenance plan will constitute a SIP revision and must provide 
    for maintenance of the relevant NAAQS in the area for at least 10 years 
    after redesignation. In addition, the maintenance plan shall contain 
    contingency provisions necessary to ensure prompt correction of any 
    violation of the NAAQS. [See Secs. 175A(b) and (d).] EPA's guidance on 
    redesignations outlines 5 core provisions that are necessary to ensure 
    maintenance of the relevant NAAQS in an area seeking redesignation from 
    nonattainment to attainment. The following paragraphs describe how 
    Maine has fulfilled each provision.
        Attainment Inventory. A PM10 emission inventory for Presque 
    Isle was necessary in order to analyze the impact of current and 
    projected emissions on the ambient PM10 air quality, to quantify 
    emission reductions from the MOU,2 and to determine whether 
    Maine's control strategy will maintain the PM10 NAAQS. Maine DEP 
    has inventoried residential, commercial, and industrial combustion and 
    process sources in Presque Isle. As detailed in the approval of Maine's 
    PM10 Attainment Plan, the control strategy does not require 
    emission reductions from these source categories. As Maine DEP's 
    receptor modeling showed, emissions from paved roads dominate the 
    PM10 inventory in Presque Isle. EPA is satisfied that Maine's 
    inventory is sufficiently accurate and comprehensive for purposes of 
    redesignating Presque Isle consistent with the requirements in 
    Sec. 107(d)(3)(E) and Sec. 175A. Therefore, EPA is approving Maine's 
    emissions inventory for Presque Isle, the details of which are embodied 
    in the TSD.
    
        \2\ Maine DEP has entered a joint memorandum of understanding 
    (MOU) with the City of Presque Isle, which includes several measures 
    to abate dust re-entrainment from paved roads and open areas in the 
    downtown area. As part of Attainment Plan for Presque Isle, Maine 
    DEP has demonstrated that the control measures in Part B of the MOU 
    have attained and will maintain the PM10 NAAQS. (See 60 FR 
    2885, January 12, 1995.)
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        Maintenance Demonstration. A State may generally demonstrate 
    maintenance of the PM10 NAAQS by either showing that future 
    emissions of PM10 or its precursors will not exceed the level of 
    the attainment inventory or by modeling to show that the future mix of 
    sources and emission rates will not cause a violation of the NAAQS. 
    Whether a dispersion or receptor model has been used to relate base 
    case emissions to air quality, a proportional, or rollback, calculation 
    may be used to show that planned emission reductions will achieve and 
    maintain NAAQS. For the 24-hour NAAQS these conditions are met when air 
    quality improvements projected from enforceable emission reductions, 
    including consideration of growth, result in 24-hour design values 
    below 150 g/m3. Emissions from both road dust and diesel 
    exhaust categories are expected to grow at the same rate (that is, the 
    rate of growth in VMT, disregarding any improvements to diesel vehicle 
    emissions, as determined by the Maine Department of Transportation) of 
    2.09%.
        Maine DEP used the rollback technique or model to demonstrate that 
    the planned strategies result in required 
    
    [[Page 45058]]
    reduction in observed PM10 concentrations so that the Presque Isle 
    area will maintain the NAAQS. These calculations account for growth 
    during the period between sample collection date and the year 2005. 
    Rollback was performed on the four highest observed PM10 
    concentrations monitored during the three year period 1987-1989, the 
    year in which Presque Isle attained the PM10 NAAQS. This approach 
    is consistent with EPA's ``PM10 SIP Development Guideline'' (EPA-
    450/2-86-001: June, 1987). In summary, Maine DEP has demonstrated that 
    both emissions projections and proportional modeling from 
    implementation of the MOU will maintain the PM10 NAAQS for at 
    least 10 years beyond redesignation.
        Monitoring Network. Once an area has been redesignated, the State 
    should continue to operate an appropriate air quality monitoring 
    network, in accordance with 40 CFR Part 58, to verify the attainment 
    status of the area. The redesignation of Presque Isle to attainment 
    will not change the monitoring network which Maine has in place. On the 
    contrary, the contingency plan (as described below) is based on 
    continued monitoring of PM10 in the Presque Isle area.
        Verification of Continued Attainment. Each State should ensure that 
    it has the legal authority to implement and enforce all measures to 
    attain and to maintain the NAAQS. Sections 110(a)(2)(B) and (F) of the 
    Clean Air Act and regulations promulgated at 40 CFR 51.110(k), suggest 
    that one such measure is the acquisition of ambient and source emission 
    data to demonstrate attainment and maintenance.
        In this redesignation request, Maine has committed to performing a 
    periodic inventory of emission sources in the Presque Isle area at 3 
    year intervals. An emission summary will be prepared and submitted in 
    December of the year following the year of the inventory. The detail of 
    the inventory will be consistent with that employed in the PM10 
    Attainment Demonstration SIP for Presque Isle. The first year of the 
    inventory will be 1996, with the subsequent summary report completed in 
    December, 1997.
        Contingency Provisions. Section 175A(d) of the Clean Air Act 
    requires that a maintenance plan also include contingency provisions, 
    as necessary, to promptly correct any violation of the NAAQS that 
    occurs after redesignation of the area. The contingency plan is 
    considered an enforceable part of the SIP and should ensure that 
    contingency measures are adopted expediently once they are triggered. 
    The plan should clearly identify the measures to be adopted, a schedule 
    and procedure for adoption and implementation, and a specific time 
    limit for action by the State. As a necessary part of the plan, the 
    State should also identify specific indicators, or triggers, which will 
    be used to determine when the contingency measures need to be 
    implemented.
        By virtue of incorporation into Maine's SIP, Part B of Maine DEP's 
    revised MOU with the City of Presque Isle will supplement the existing 
    control plan for Presque Isle with two contingency levels. Maine has 
    developed this MOU to meet the requirements of Secs. 175A(d) and 
    172(c)(9).
        The City of Presque Isle will use salt and liquid calcium chloride 
    as the main source of winter antiskid control within a \1/2\ mile 
    radius of the Northeastland Hotel. As climatic conditions develop where 
    the use of salt and liquid calcium chloride is ineffective, the City 
    will use the harder, low percent fines material, since liquid calcium 
    chloride becomes ineffective at about -20  deg.F. The contingency plan 
    will be implemented as soon as Maine DEP notifies the City that 24-hour 
    PM10 concentrations of 130 g/m\3\ have been measured at 
    the maximum impact site. Maine DEP will know within 7 days of the 
    occurrence of the concentration and will notify the City immediately.
        The City of Presque Isle will expand the use of salt and liquid 
    calcium chloride to an additional \1/4\ mile radius on roads which are 
    considered major arteries to the City as soon as Maine DEP notifies the 
    City that 24-hour PM10 concentrations of 140 g/m3 
    have been measured at the maximum impact site.
        Maine has proposed these contingency measures that Presque Isle has 
    implemented voluntarily and which have resulted in a reduction of 
    measured PM10 concentrations. Substitution of the liquid calcium 
    chloride for a sand/salt mix has achieved lower silt loadings than the 
    current MOU requires. Voluntary implementation of this contingency plan 
    does not preclude its use in a contingency plan.
        Control efforts in Presque Isle have focused on emissions from road 
    sanding. The City of Presque Isle has demonstrated its commitment to 
    solving the re-entrained dust problem by using durable sand containing 
    a low percentage of fines. More recently, the City of Presque Isle 
    reduced PM10 levels by using liquid calcium chloride as a de-icer 
    whenever temperatures permit.
        As provided in Sec. 172(c)(9) of the Act, all moderate 
    nonattainment area SIPs that demonstrate attainment must include 
    contingency measures. (See generally 57 FR 13543-44.) These measures 
    were required to be submitted by November 15, 1993 for the initial 
    moderate nonattainment areas. 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 PM10 NAAQS by the 
    applicable statutory deadline.
        EPA is accepting Maine's contingency plan as adequate to fulfill 
    both Sec. 175A(d) contingency provision and Sec. 172(c)(9) contingency 
    measure requirements.
    Applicable Requirements Under Section 110 and Part D
    
        The requirements under Sec. 107(d)(3)(E) (ii) and (iv) listed above 
    are addressed in the January 2, 1994 TSD. Specifically, EPA's January 
    12, 1995 approval of Maine's PM10 Attainment Plan noted the only 
    outstanding PM10 SIP element was the Sec. 172(c)(9) contingency 
    measures. In approving Maine's PM10 Attainment Plan, EPA-New 
    England stated that the ``contingency plan'' developed to meet the 
    Sec. 175A(d) contingency provisions requirement for redesignation also 
    could satisfy those contingency measures required for initial moderate 
    nonattainment areas under Sec. 172(c)(9). Consequently, with the 
    redesignation of Presque Isle to attainment, Maine has satisfied all 
    Sec. 110 and Part D requirements applicable to Presque Isle for 
    PM10.
    
    Final Action
    
        EPA is approving the PM10 redesignation request, maintenance 
    plan, and contingency measures Maine submitted to the EPA on June 1, 
    1994. EPA is also approving a revision to Chapter 114 of Maine's 
    Department of Environmental Protection Regulations, ``Classification of 
    Air Quality Control Regions,'' which removes Presque Isle as a 
    nonattainment area for PM10. Chapter 114 was adopted by the Board 
    of Environmental Protection on April 27, 1994 and accepted by the 
    Secretary of State with an effective date of May 9, 1994.
        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 October 30, 1995 
    
    [[Page 45059]]
    unless adverse or critical comments are received by September 29, 1995.
        If the EPA receives such comments, this action will be withdrawn 
    before the effective date by simultaneously publishing a subsequent 
    notice 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 October 30, 1995.
        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.
        Under Secs. 202, 203, and 205 of the Unfunded Mandates Reform Act 
    of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, 
    EPA must undertake various actions in association with proposed or 
    final rules that include a Federal mandate that may result in estimated 
    costs of $100 million or more to the private sector, or to State, 
    local, or tribal governments in the aggregate.
        Through submission of this state implementation plan revision, the 
    State and any affected local or tribal governments have elected to 
    adopt the program provided for under Sec. 110 of the Clean Air Act. 
    These rules may bind State, local and tribal governments to perform 
    certain actions and also require the private sector to perform certain 
    duties. To the extent that the rules being approved by this action will 
    impose no new requirements; such sources are already subject to these 
    regulations under State law. Accordingly, no additional costs to State, 
    local, or tribal governments, or to the private sector, result from 
    this action. EPA has also determined that this action does not include 
    a mandate that may result in estimated costs of $100 million or more to 
    State, local, or tribal governments in the aggregate or to the private 
    sector.
        SIP approvals under Sec. 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. USEPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 
    7410 (a)(2).
        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. The Office of Management and Budget (OMB) has exempted 
    this action from review under Executive Order 12866.
        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 Sec. 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 October 30, 1995. 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 Sec. 307(b)(2).]
    
    List of Subjects
    
    40 CFR Part 52
    
        Environmental protection, Air pollution control, Incorporation by 
    reference, Particulate matter, Reporting and recordkeeping 
    requirements.
    
    40 CFR Part 81
    
        Air pollution control, National parks, Wilderness areas.
    
        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 July 20, 1995.
    John P. DeVillars,
    Regional Administrator, EPA-New England.
        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)(40) to read 
    as follows:
    
    
    Sec. 52.1020  Identification of plan.
    
    * * * * *
        (c) * * *
        (40) Revisions to the State Implementation Plan submitted by the 
    Maine Department of Environmental Protection on June 1, 1994.
        (i) Incorporation by reference.
        (A) Letter from the Maine Department of Environmental Protection 
    dated June 1, 1994 submitting revisions to the Maine State 
    Implementation Plan.
        (B) Revisions to Chapter 114 of the Maine Department of 
    Environmental Protection Regulations, ``Classification of Air Quality 
    Control Regions,'' adopted by the Board of Environmental Protection on 
    April 27, 1994 and accepted by the Secretary of State with an effective 
    date of May 9, 1994.
        (C) Revisions to Part B of the Memorandum of Understanding which 
    the Maine Department of Environmental Protection (DEP) entered into 
    (and effective) on May 25, 1994, with the City of Presque Isle, and the 
    Maine Department of Transportation.
        (ii) Additional materials.
        (A) A maintenance demonstration and contingency plan which outline 
    Maine's control strategy for maintenance of the PM10 NAAQS and 
    contingency measures and provision for Presque Isle.
        (B) Nonregulatory portions of the submittal.
        3. In Sec. 52.1031 the table is amended by adding a new citation to 
    entry ``114'' to read as follows:
    
    
    Sec. 52.1031  EPA-approved Maine regulations.
    
    * * * * *
    
                                                                            
    
    [[Page 45060]]
                                                       Table 52.1031.--EPA-Approved Rules and Regulations                                                   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Date                                                                                                  
      State citation          Title/subject         adopted    Date approved by EPA  Federal Register citation        52.1020               Comments        
                                                    by State                                                                                                
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    114...............  Classification of Air        4/27/94  Aug. 30, 1995........  [Insert FR citation from   (c)(40)             Revision to remove      
                         Quality Control Regions.                                     published date].                               Presque Isle as        
                                                                                                                                     nonattainment for PM10.
                                                                                                                                                            
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
    PART 81--[AMENDED]
    
        1. The authority citation for part 81 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
        2. Section 81.320 is amended by revising the table for ``Maine--
    PM10 Nonattainment Areas'' to read as follows:
    
    
    Sec. 81.320  Maine.
    
    * * * * *
    
                                             Maine--PM10 Nonattainment Areas                                        
    ----------------------------------------------------------------------------------------------------------------
                                                  Designation                                Classification         
        Designated area     ----------------------------------------------------------------------------------------
                                       Date                       Type                 Date             Type        
    ----------------------------------------------------------------------------------------------------------------
    Aroostook County:                                                                                               
        City of Presque      Aug. 30, 1995...........  Attainment                                                   
         Isle (part)\1\.                                                                                            
            That area                                                                                               
             bounded by                                                                                             
             Allen Street                                                                                           
             from its                                                                                               
             intersection                                                                                           
             with Main                                                                                              
             Street east to                                                                                         
             Dudley Street,                                                                                         
             Dudley Street                                                                                          
             south to Cedar                                                                                         
             Street, Cedar                                                                                          
             Street west to                                                                                         
             Main Street,                                                                                           
             Main Street                                                                                            
             south to                                                                                               
             Kennedy Brook,                                                                                         
             Kennedy Brook                                                                                          
             northwest                                                                                              
             crossing                                                                                               
             Presque Isle                                                                                           
             Stream to                                                                                              
             Coburn Street,                                                                                         
             Coburn Street                                                                                          
             northwest to                                                                                           
             Mechanic                                                                                               
             Street,                                                                                                
             Mechanic                                                                                               
             Street west to                                                                                         
             Judd Street,                                                                                           
             Judd Street                                                                                            
             northeast to                                                                                           
             State Street,                                                                                          
             State Street                                                                                           
             northwest to                                                                                           
             School Street,                                                                                         
             School Street                                                                                          
             northeast to                                                                                           
             Park Street,                                                                                           
             Park Street                                                                                            
             east to Main                                                                                           
             Street                                                                                                 
        Rest of State......  11/15/90................  Unclassifiable                                               
    ----------------------------------------------------------------------------------------------------------------
    \1\ This definition of the nonattainment area redefines its borders from the entire City of Presque Isle to this
      area of 0.6 square miles which circumscribe the area of high emission densities and ambient PM10 levels. (60  
      FR 2885, January 12, 1995)                                                                                    
    
    [FR Doc. 95-21464 Filed 8-29-95; 8:45 am]
    BILLING CODE 6560-50-P
    
    

Document Information

Effective Date:
10/30/1995
Published:
08/30/1995
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
95-21464
Dates:
This final rule is effective October 30, 1995, unless notice is received by September 29, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register.
Pages:
45056-45060 (5 pages)
Docket Numbers:
ME-19-1-6668a, A-1-FRL-5273-5
PDF File:
95-21464.pdf
CFR: (3)
40 CFR 52.1020
40 CFR 52.1031
40 CFR 81.320