[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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