[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2885-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-736]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[ME-5-1-6684; A-1-FRL-5127-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Presque Isle Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is approving revisions to 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 (PM10). In addition, EPA is modifying the borders of the
Presque Isle nonattainment area to more closely contain the actual area
where PM10 concentrations approach ambient standards. EPA also is
approving an update of Maine's emergency episode regulation applicable
statewide. This action is being taken under the Implementation Plans
Section of the Clean Air Act.
EFFECTIVE DATE: This rule will become effective on February 13, 1995.
ADDRESSES: 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, U.S.
Environmental Protection Agency, Region I, One Congress Street, 10th
floor, Boston, MA 02203; the Air and Radiation Docket and Information
Center, U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-
131), Washington, DC 20460; and the Bureau of Air Quality Control,
Department of Environmental Protection, 71 Hospital Street, Augusta, ME
04333.
[[Page 2886]] FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns,
(617) 565-4982.
SUPPLEMENTARY INFORMATION: On May 10, 1994 (59 FR 24096-24100), EPA
published a Notice of Proposed Rulemaking (NPR) for the State of Maine.
The NPR proposed approval of Presque Isle's PM10 attainment plan which
Maine submitted as a formal SIP revision on August 14, 1991. This
submittal also included a request to modify the borders of the Presque
Isle nonattainment area. In addition, Maine submitted revisions to the
emergency episode regulations on October 22, 1991. These submittals
complete the attainment plan for Presque Isle by meeting the applicable
requirements--which were due to EPA by November 15, 1991--to
demonstrate attainment of the PM10 NAAQS by December 31, 1994 and
maintenance of that standard for three years beyond that. These
requirements are outlined in Part D, Subparts 1 and 4 of the Act and
elaborated upon in EPA's ``General Preamble for the Implementation of
Title I of the Clean Air Act'' [see generally 57 FR 13498 (April 16,
1992) and 57 FR 18070 (April 28, 1992)]. Specific requirements and the
rationale for EPA's proposed action are detailed and explained in the
NPR and will not be restated here. No public comments were received on
the NPR. Interested parties should consult the NPR, the Technical
Support Document (TSD) dated January 2, 1994, or Maine's submission for
details on the aspects of the Presque Isle SIP.
Maine's SIP Revision
The PM10 control measures contained in the SIP are embodied in Part
B of a memorandum of understanding (MOU) which the Maine Department of
Environmental Protection (DEP) entered into on March 11, 1991, with the
City of Presque Isle and the Maine Department of Transportation. This
MOU is included in Maine's submission, will be approved into the SIP,
and therefore becomes enforceable by EPA. Under the MOU, the city must
use improved (i.e., low entrainment) antiskid materials on its roads.
Between December 1 and May 1 each year, as a surrogate for PM10
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.
DEP has also revised its Chapter 109 ``Emergency Episode
Regulation.'' The regulation now contains the PM10 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 PM10 nonattainment area.
Lastly, DEP's submission includes a request that EPA change the
present borders of the nonattainment area. The present nonattainment
area consists of township boundaries enclosing 80 square miles. The new
area will comprise a series of streets bounding an area of roughly 0.6
square miles. EPA believes it is appropriate because these new borders
more closely contain the actual area where PM10 concentrations approach
ambient standards.
Final Action
The EPA is approving the plan revisions submitted to EPA for the
Presque Isle nonattainment area on August 14, 1991. These revisions
include Part B of a memorandum of understanding which DEP entered into
on March 11, 1991 with the City of Presque Isle and the Maine Dept of
Transportation. This MOU imposes RACM. In addition these revisions to
the SIP include an update to Chapter 109, ``Emergency Episode
Regulations,'' effective and applicable statewide on September 16,
1991. EPA is also altering the boundaries of the Presque Isle PM10
nonattainment area, as requested by DEP, to more closely contain the
actual area where PM10 concentrations approach ambient standards. Among
other things, the State of Maine has demonstrated that the Presque Isle
moderate PM10 nonattainment area will attain the PM10 NAAQS by December
31, 1994 and maintain air quality levels below the NAAQS at least until
January 1, 1998.
As noted in the NPR, contingency measures for the Presque Isle
nonattainment area were not due to EPA until November 15, 1993. Maine
submitted this attainment plan to EPA on August 14, 1991 and
contingency measures were not a part of the attainment plan. On June 1,
1994, Maine submitted to EPA a request to redesignate Presque Isle to
attainment; this redesignation request included the contingency
measures required both of the initial moderate PM10 nonattainment areas
and for redesignation. EPA is processing this attainment plan and the
recently submitted redesignation request (including the contingency
measures) in separate rulemaking notices. EPA will determine the
adequacy of any such submittal as appropriate and act on those
submittals in separate actions.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the 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 U.S. 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. 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 U.S.
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 U.S. EPA's request. This request continues in
effect under Executive Order 12866 which superseded Executive Order
12291 on September 30, 1993.
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
[[Page 2887]] 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 March 13, 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 section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, 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: December 4, 1994.
John P. DeVillars,
Regional Administrator, Region I.
Parts 52 and 81 of chapter I, title 40 of the Code of Federal
Regulations are 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)(28) to read
as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(28) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 14 and October
22, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated August 14 and October 22, 1991 submitting revisions to the Maine
State Implementation Plan.
(B) Revisions to Chapter 109 of the Maine Department of
Environmental Protection Regulations, ``Emergency Episode
Regulations,'' effective in the State of Maine on September 16, 1991.
(C) Part B of the Memorandum of Understanding which the Maine
Department of Environmental Protection (DEP) entered into (and
effective) on March 11, 1991, with the City of Presque Isle, and the
Maine Department of Transportation.
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines Maine's
control strategy for attainment of the PM10 NAAQS and implements and
meets RACM and RACT requirements for Presque Isle.
(B) Nonregulatory portions of the submittal.
* * * * *
3. In Sec. 52.1031 table 52.1031 is amended by adding a new
citation to entry ``109'' to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
Table 52.1031.--EPA-Approved Rules and Regulations
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Date
State citation Title/subject adopted by Date approved by EPA Federal Register 52.1020 Comments
state citation
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* * * * * * *
109................. Emergency Episode 8/14/91 Jan. 12, 1995........... [Insert FR citation (c)28........... Revisions which
Regulation. from published date]. incorporate the PM10
alert, warning, and
emergency levels.
* * * * * * *
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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
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Designation Classification
Designated area ------------------------------------------------------------------
Date Type Date Type
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Aroostook County:
City of Presque Isle (part)\1\. That area 11/15/90 Nonattainment........... 11/15/90 Moderate.
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.
[[Page 2888]]
Rest of 11/15/90 Unclassifiable..........
State..............................
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\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.
(January 12, 1995 and FR citation from published date.)
[FR Doc. 95-736 Filed 1-11-95; 8:45 am]
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