[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6418]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ME-07-01-5672; A-1-FRL-4847-3]

 

Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Prevention of Significant Deterioration (PSD) Nitrogen Dioxide 
(NO2) Increment Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maine. This revision incorporates the class I 
and class II Prevention of Significant Deterioration (PSD)NO2 
increments and related requirements. The intended effect of this action 
is to approve a program to implement the NO2 increments in the 
State of Maine in accordance with the federal PSD regulations. This 
action is being taken in accordance with section 110 of the Clean Air 
Act.

DATES: This final rule will become effective May 17, 1994, unless 
notice is received April 18, 1994 that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Air Docket 6102, U.S. Environmental Protection Agency, 401 M Street 
SW., Washington, DC 20460; and the Bureau of Air Quality Control, 
Department of Environmental Protection, 71 Hospital Street, Augusta, ME 
04333.

FOR FURTHER INFORMATION CONTACT: Lynne A. Hamjian, (617) 565-4181.

SUPPLEMENTARY INFORMATION: On July 16, 1990 and September 5, 1990, the 
State of Maine submitted a formal revision to its SIP. The SIP revision 
consists of a program to implement the NO2 increments to prevent 
the significant deterioration of air quality in the State of Maine.

Background

    On October 17, 1988 (53 FR 40656), EPA promulgated regulations 
pursuant to section 166 of the Clean Air Act (the Act) to prevent 
significant deterioration of air quality from emissions of nitrogen 
oxides (NOx). These regulations establish the maximum allowable 
increase in the ambient NO2 concentration above the baseline 
concentration in an area. These maximum allowable increases are called 
``increments.'' The increments use NO2 as the numerical measure 
because NO2 is the pollutant on which the national ambient air 
quality standards for NOx were based. In addition, NOx 
emissions from stationary sources convert to NO2 in the 
atmosphere.
    The NO2 increment program has a three-tiered area 
classification system which was established by Congress in section 163 
for increments of sulfur dioxide and particulate matter. Class I areas 
(including certain national parks and wilderness areas) were designated 
by Congress as areas of special national concern, where the need to 
prevent the significant deterioration in air quality is the greatest. 
Therefore, the increment levels in class I areas are the most 
stringent. Class II increments allow for a moderate degree of growth. 
Class III increments allow for higher levels of industrial growth. 
There are no class III areas in the country yet. (All areas not 
specifically designated in the Act as Class I are designated as class 
II, unless the state chooses to redesignate an area to class I or class 
III.)
    The NO2 increments for the three areas are the following:

Class I: 2.5 g/m3 annual arithmetic mean
Class II: 25 g/m3 annual arithmetic mean
Class III: 50 g/m3 annual arithmetic mean.

    Forty CFR 51.166 sets forth the minimum federal requirements for 
the PSD program. State PSD programs must meet all of these 
requirements. The effective date of the amendments to 40 CFR 51.166 
which incorporate the NO2 increments was October 17, 1989. The Act 
allows states 9 months after the effective date to submit revised SIPs 
incorporating the NO2 increments.

Summary of Maine's SIP Revision

    The Maine Department of Environmental Protection (DEP) made 
amendments to its regulations and statute which incorporate the PSD 
NO2 increments and related requirements. On June 13, 1990, the 
Maine Board of Environmental Protection (BEP) adopted the NO2 
increments and related revisions to its regulations.
    The State amended Chapter 100 ``Definitions Regulation,'' Chapter 
110 ``Ambient Air Quality Standards,'' Chapter 113 ``Growth Offset 
Regulation,'' and Chapter 115 ``Emission License Regulations.'' The 
State also amended its New Source Review (NSR) SIP narrative. In 
addition, the State deleted Chapter 108 (its former Emission Licensing 
Regulation) which is no longer applicable in the State of Maine. 
Chapter 115 now supersedes Chapter 108. This deletion is not part of 
this rulemaking because Maine requested that EPA withdraw Chapter 108 
from the SIP and EPA took action in a previous final rulemaking 
document. EPA is approving an associated minor change to Chapter 
115(l)(B) which deletes the grandfathering provisions for licensing. 
The Maine DEP now requires all sources to comply with Chapter 115. 
Finally, the State amended its definition of ``fuel burning equipment'' 
to clarify that equipment which combusts fuel to produce heat and power 
(i.e., steam for heating, process use, and/or electrical generation) is 
covered under the definition. The definition would not apply to 
equipment that combusts fuel for the purpose of drying material by 
direct contact with the combustion gases. This equipment would be 
covered by the general process source particulate matter emissions 
regulation.
    The revisions establish the ambient air increments and require 
applicants for PSD permits to assess increment consumption in class I 
and class II areas. The Maine DEP did not submit the class III 
increment and there are no class III areas in Maine. In the future, if 
Maine redesignates an area to class III, it has committed to submitting 
the class III increment for EPA approval. In addition, the Maine DEP 
committed to developing a NOx emissions inventory, tracking 
increment consumption periodically, determining increment consumption 
between February 8, 1988 and July 14, 1990, and correcting any NO2 
increment violations it may discover in the future.
    On April 14, 1990, the Maine State Legislature adopted the NO2 
increments in its statute, which became effective in the State of Maine 
on July 14, 1990. The Maine Board of Environmental Protection adopted 
these amendments to the regulations and they became effective in the 
State of Maine on July 10, 1990. On July 16, 1990, September 5, 1990, 
and November 2, 1990 the Maine DEP submitted these revisions as a SIP 
revision to EPA.
    EPA has evaluated these revisions and found they are equivalent to, 
or in some instances, more stringent than, the requirements in 40 CFR 
Sec. 51.166. Maine's NO2 increment program and EPA's evaluation 
are detailed in a memorandum dated September 13, 1990 entitled 
``Technical Support Document--Maine Prevention of Significant 
Deterioration (PSD) Nitrogen Dioxide (NO2) Increment 
Regulations.'' Copies of this memorandum are available, upon request, 
from the EPA Regional Office listed in the ADDRESSES section of this 
document. EPA has reviewed this SIP revision for conformance with the 
provisions of the 1990 Clean Air Act Amendments enacted on November 15, 
1990. This SIP revision addresses the NO2 increments and related 
requirements. These NO2 increment requirements were promulgated by 
EPA prior to November 15, 1990. These requirements are still mandated 
under the Act; therefore, EPA is approving them in this action. Maine 
is required to adopt other new source review revisions, however, in 
accordance with the deadlines imposed in the Clean Air Act.\1\ EPA's 
approval of the NO2 increments in no way relieves Maine of the 
obligation to submit further revisions to its SIP to meet the Act's new 
requirements according to the schedule contained in the Act. Maine will 
be submitting these revisions to EPA as a separate package.
---------------------------------------------------------------------------

    \1\For example, Title I of the Clean Air Act Amendments of 1990 
required Maine to submit nonattainment area NSR revisions for ozone 
by November 15, 1992.
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    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective May 17, 1994 unless, 
by April 18, 1994, notice is received that adverse or critical comments 
will be submitted. If such notice is received, this action will be 
withdrawn before the effective date by simultaneously publishing two 
subsequent documents. One document will withdraw the final action and 
another will begin a new rulemaking by announcing a proposal of the 
action and establishing a comment period. If no such comments are 
received, the public is advised that this action will be effective on 
May 17, 1994.

Final Action

    EPA is approving the revisions to the definitions of ``actual 
emissions'' and ``baseline concentration'' in Chapter 100(1) and 
Chapter 100(9) of Maine's Definitions Regulation and Chapter 110(10) 
(except for Chapter 110(10)(C)(3)) of Maine's Ambient Air Quality 
Standards Regulation, Chapter 113(II)(A) of Maine's Growth Offset 
Regulation and Chapter 115(I)(B), (VII)(A), (VII)(B)(3), and 
(VII)(D)(3) of Maine's Emission License Regulations which adopt an 
NO2 increment program. In addition EPA is approving the new source 
review narrative changes to Chapter 6 ``Review of New Sources and 
Modifications.'' Finally, EPA is approving a change to the definition 
of ``fuel burning equipment'' in Chapter 100(29).
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The US 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on US EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by May 17, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Maine was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: February 18, 1994.
Patricia L. Meaney,
Acting Regional Administrator, Region I.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart U--Maine

    2. Section 52.1020 is amended by adding paragraph (c)(29) to read 
as follows:


Sec. 52.1020  Identification of plan.

* * * * * *
    (c) * * *
    (29) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 16, 1990, 
September 5, 1990, and November 2, 1990.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 16, 1990, September 5, 1990, and November 2, 1990 submitting 
revisions to the Maine State Implementation Plan.
    (B) The definitions of actual emissions, baseline concentration, 
and fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of 
Maine's ``Definitions Regulation,'' Chapter 110(10) (except for Chapter 
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,'' 
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter 
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission 
License Regulations,'' effective in the State of Maine on July 10, 
1990. Note that the revised state statute which contains the underlying 
authority to implement the NO2 increments became effective on July 
14, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    3. In Sec. 52.1031, Table 52.1031 is amended by adding new entries 
to existing state citations for Chapter 100, Chapter 110, Chapter 113, 
and Chapter 115 to read as follows:


Sec. 52.103  EPA-approved Maine regulations.

* * * * *

                               Table 52.1031.--EPA-Approved Rules and Regulations                               
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                                    Date                                                                        
   State       Title/Subject     adopted by   Date approved by  Federal Register    52.1020                     
 citation                          State            EPA             citation                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                              * *  *  *  *  *  * *                                              
100........  Definitions......     07/10/90  March 18, 1994...  [Insert FR        (c)(29)       Changes to the  
                                                                 citation from                   following      
                                                                 published date].                definitions:   
                                                                                                 actual         
                                                                                                 emissions,     
                                                                                                 baseline       
                                                                                                 concentration  
                                                                                                 and fuel       
                                                                                                 burning        
                                                                                                 equipment in   
                                                                                                 Chapter 100(1),
                                                                                                 (9), and (29). 
                                                                                                                
                                                                                                                
                                              * *  *  *  *  *  * *                                              
110........  Ambient Air           07/10/90  March 18, 1994...  [Insert FR        (c)(29)       Addition of NO2 
              Quality                                            citation from                   increments for 
              Standards.                                         published date].                class I and II 
                                                                                                 areas in       
                                                                                                 Chapter        
                                                                                                 110(10). Note  
                                                                                                 that class III 
                                                                                                 increment in   
                                                                                                 Chapter        
                                                                                                 110(10)(C)(3)  
                                                                                                 is not part of 
                                                                                                 submittal.     
                                                                                                                
                                                                                                                
                                              * *  *  *  *  *  * *                                              
113........  Growth Offset         07/10/90  March 18, 1994...  [Insert FR        (c)(29)       Change to       
              Regulation.                                        citation from                   Chapter        
                                                                 published date].                113(II)(A) to  
                                                                                                 include NO2.   
                                                                                                                
                                                                                                                
                                              * *  *  *  *  *  * *                                              
115........  Emission License      07/10/90  March 18, 1994...  [Insert FR        (c)(29)       Changes to      
              Regulation.                                        citation from                   Chapter        
                                                                 published date].                115(I)(B),     
                                                                                                 (VII)(A),      
                                                                                                 VII)(B)(3), and
                                                                                                 (VII)(D)(3) to 
                                                                                                 remove Chapter 
                                                                                                 108 and to     
                                                                                                 incorporate NO2
                                                                                                 increments     
                                                                                                 requirements.  
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[FR Doc. 94-6418 Filed 3-17-94; 8:45 am]
BILLING CODE 6560-50-P