[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Rules and Regulations]
[Pages 9081-9087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4963]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[ME47-1-6996a; A-1-FRL-5693-5]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine, and Redesignation of Hancock and Waldo Counties; Maine

AGENCY: Environmental Protection Agency (USEPA or Agency).

ACTION: Direct final rule.

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SUMMARY: EPA is approving two requests from the State of Maine: 
approval of the Maine 1990 base year inventory into the Maine State 
Implementation Plan (SIP), referred to as the SIP revision; and a 
redesignation request by the State of Maine for the Hancock and Waldo 
counties marginal nonattainment area, referred to as the redesignation 
request. These actions are being taken in accordance with the Clean Air 
Act (CAA or the Act). The first request will establish the 1990 base 
year ozone emission inventories of volatile organic compounds (VOC) and 
oxides of nitrogen (NOx) emissions for the classified ozone 
nonattainment areas in Maine. The second request will redesignate the 
Hancock and Waldo counties marginal ozone nonattainment area from 
nonattainment to attainment. The second request also contains a 1993 
attainment emissions inventory that will satisfy Hancock and Waldo 
counties requirement for a 1993 periodic inventory. A detailed 
rationale for the two approvals is set forth in SUPPLEMENTARY 
INFORMATION.

DATES: This action is effective on April 29, 1997, unless adverse or 
critical comments are received by March 31, 1997. If the effective date 
is delayed, timely notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection (mail code CAA), 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 
Office Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, One Congress Street, 11th floor, Boston, MA; the Bureau of 
Air Quality Control, Department of Environmental Protection, 71 
Hospital Street, Augusta, ME 04333. Persons interested in examining 
these documents should make an appointment with the appropriate office 
at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: For the base year inventory, Robert 
McConnell, (617) 565-9266, and for the Hancock and Waldo counties 
redesignation request Richard P. Burkhart, (617)-565-3578.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

Summary

    The EPA today is approving SIP revisions submitted by the State of 
Maine, under sections 110 and 182 of the Act. These revisions consist 
of the establishment of the 1990 base year ozone emission inventories 
for the ozone nonattainment areas in Maine. These SIP revisions have 
been found by EPA to meet the EPA's approval criteria for emission 
inventories.

Supplementary Information on SIP Revision

    Maine submitted 1990 base year emission inventories for the ozone 
nonattainment areas in the State in final form on July 25, 1995. This 
portion of this document is divided into three parts:

I. Background Information
II. Summary of SIP Revision
III. Final Action

I. Background

Emission Inventory

    Under the CAA as amended in 1990, States have the responsibility to 
inventory emissions contributing to nonattainment of a National; 
Ambient Air Quality Standard (NAAQS), to track these emissions over 
time, and to ensure that control strategies are being implemented that 
reduce emissions and move areas towards attainment. The CAA requires 
ozone nonattainment areas designated as moderate, serious, severe, and 
extreme to submit a plan within three years of 1990 to reduce VOC 
emissions by 15 percent within six years after 1990. The baseline level 
of emissions, from which the 15 percent reduction is calculated, is 
determined by adjusting the base year inventory to exclude biogenic 
emissions and to exclude certain emission reductions not creditable 
towards the 15 percent. The 1990 base year emissions inventory is the 
primary inventory from which the periodic inventory, the Reasonable 
Further Progress (RFP) projection inventory, and the modeling inventory 
are derived. Further information on these inventories and their purpose 
can be found in the ``Emission Inventory Requirements for Ozone State 
Implementation Plans,'' U.S. Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina, March 1991. A copy of this guidance is available from EPA at 
the regional office listed in the address section of this document. The 
base year inventory may also serve as part of

[[Page 9082]]

statewide inventories for purposes of regional modeling in transport 
areas. The base year inventory plays an important role in modeling 
demonstrations for areas classified as moderate and above.
    The air quality planning requirements for marginal to extreme ozone 
nonattainment areas are set out in section 182 (a)-(e) of title I of 
the CAA. The EPA has issued a General Preamble describing the EPA's 
preliminary views on how the agency intends to review SIP revisions 
submitted under title I of the Act, including requirements for the 
preparation of the 1990 base year inventory (see 57 FR 13502 (April 16, 
1992) and 57 FR 18070 (April 28, 1992)). In this action EPA will rely 
on the General Preamble's interpretation of the CAA, and the reader 
should refer to the General Preamble for a more detailed discussion of 
the interpretations of title I advanced in today's rule and the 
supporting rationale.
    Those States containing ozone nonattainment areas classified as 
marginal to extreme are required under section 182(a)(1) of the CAA to 
submit a final, comprehensive, accurate, and current inventory of 
actual ozone season, weekday emissions from all sources within 2 years 
of enactment (November 15, 1992). This inventory is for calendar year 
1990 and is denoted as the base year inventory. It includes both 
anthropogenic and biogenic sources of volatile organic compound (VOC), 
nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is 
to address actual VOC, NOX, and CO emissions for the area during a 
peak ozone season, which is generally comprised of the summer months. 
All stationary point and area sources, as well as mobile sources within 
the nonattainment area, are to be included in the compilation. 
Available guidance for preparing emission inventories is provided in 
the General Preamble (57 FR 13498, April 16, 1992).

II. Analysis of State Submission

A. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to the EPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public 
hearing.1 Final approval of the inventory will not occur until the 
State revises the inventory to address public comments. Changes to the 
inventory that impact the 15 percent reduction calculation and require 
a revised control strategy will constitute a SIP revision. EPA created 
a ``de minimis'' exception to the public hearing requirement for minor 
changes. EPA defines ``de minimis'' for such purposes to be those in 
which the 15 percent reduction calculation and the associated control 
strategy or the maintenance plan showing, do not change. States will 
aggregate all such ``de minimis'' changes together when making the 
determination as to whether the change constitutes a SIP revision. The 
State will need to make the change through the formal SIP revision 
process, in conjunction with the change to the control measure or other 
SIP programs.2 Section 110(a)(2) 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).
    \2\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992, a copy of which is available from EPA Region I.
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    The State of Maine held several public hearings on its ozone 
emission inventories, the last of which occurred on June 28, 1995. The 
inventories were submitted to the EPA as a SIP revision on July 25, 
1995, by cover letter from the Governor's designee. The inventories had 
originally been submitted to the EPA in December of 1992. At that time, 
they were reviewed by the EPA to determine completeness shortly after 
its submittal, in accordance with the completeness criteria set out at 
40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216 (August 
26, 1991). The inventories were found to be complete except for the 
public hearing requirement. The EPA determined that for inventories 
that had not met the public hearing requirement, a finding of 
completeness would be made contingent upon the State fulfilling the 
public hearing requirement.3 The submittal was found to be 
complete contingent upon the State fulfilling the public hearing 
requirement, and a letter dated February 24, 1993, was forwarded to the 
State indicating the completeness of the submittal. The re-submittal of 
the Maine base year emission inventories in July of 1995, and the 
accompanying documentation that the inventories had been subject to a 
public hearing, have fulfilled this obligation.
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    \3\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, to Regional Air Division Directors, Regions I-
X, ``State Implementation Plan (SIP) Actions Submitted in Response 
to Clean Air Act (ACT) Deadlines'' October 28, 1992, a copy of which 
is available from EPA Region I.
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    The EPA Region I Office has compared the final Maine emission 
inventories with the deficiencies noted in the various comment letters 
sent by EPA to the DEP and concluded that Maine has adequately 
addressed the issues raised by the EPA.

B. Emission Inventory Review

    Section 110(k) of the CAA sets out provisions governing the EPA's 
review of SIP submissions, including base year emission inventory 
submittals in order to determine approval or disapproval under section 
182(a)(1) (see 57 FR 13565-66 (April 16, 1992)). The EPA is approving 
the Maine ozone base year emission inventories submitted to the EPA in 
final form on July 25, 1995, based on the Level I, II, and III review 
findings. This section outlines the review procedures performed to 
determine if the base year emission inventory is acceptable or should 
be disapproved.
    The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the State 
and assesses whether the emissions were developed according to current 
EPA guidance.
    The Level III review process is outlined here and consists of 10 
points that the inventory must include. For a base year emission 
inventory to be acceptable it must pass all of the following acceptance 
criteria:
    1. An approved Inventory Preparation Plan (IPP) was provided and 
the Quality Assurance (QA) program contained in the IPP was performed 
and its implementation documented.
    2. Adequate documentation was provided that enabled the reviewer to 
determine the emission estimation procedures and the data sources used 
to develop the inventory.
    3. The point source inventory must be complete.
    4. Point source emissions must have been prepared or calculated 
according to the current EPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must have been prepared or calculated 
according to the current EPA guidance.
    7. Biogenic emissions must have been prepared according to current 
EPA guidance or another approved technique.

[[Page 9083]]

    8. The method (e.g., Highway Performance Modeling System or a 
network transportation planning model) used to develop vehicle miles 
travelled (VMT) estimates must follow EPA guidance, which is detailed 
in the document, ``Procedures for Emission Inventory Preparation, 
Volume IV: Mobile Sources'', U.S. Environmental Protection Agency, 
Office of Mobile Sources and Office of Air Quality Planning and 
Standards, Ann Arbor, Michigan, and Research Triangle Park, North 
Carolina, December 1992, a copy of which is available from EPA Region 
I.
    9. The MOBILE model was correctly used to produce emission factors 
for each of the vehicle classes.
    10. Non-road mobile emissions were prepared according to current 
EPA guidance for all of the source categories.
    The base year emission inventory will be approved if it passes 
Levels I, II, and III of the review process. Detailed Level I and II 
review procedures can be found in ``Quality Review Guidelines for 1990 
Base Year Emission Inventories,'' U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards, Research Triangle Park, 
NC, July 27, 1992. Level III review procedures are specified in EPA 
memoranda.4
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    \4\ Memorandum from J. David Mobley, Chief, Emissions Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory 
Level III Acceptance Criteria,'' October 7, 1992; and memorandum 
from John S. Seitz, Director, Office of Air Quality Planning and 
Standards, to Regional Air Division Directors, Region I-X, 
``Emission Inventory Issues,'' June 24, 1993. All of these memoranda 
are available from EPA Region I.
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    Maine's base year emission inventories meets each of these ten 
criteria. Documentation of the EPA's evaluation, including details of 
the review procedure, is contained within the technical support 
document prepared for the Maine 1990 base year inventories, which is 
available to the public as part of the docket supporting this action.

III. Final Action on SIP Revision

    Maine has submitted a complete inventory containing point, area, 
biogenic, on-road mobile, and non-road mobile source data, and 
accompanying documentation. Emissions from these sources are presented 
in the following table:

                                                       VOC                                                      
                                   [Ozone seasonal emissions in tons per day]                                   
----------------------------------------------------------------------------------------------------------------
                                                    Point       On-road      Non-road                           
                NAA                 Area source     source       mobile       mobile      Biogenic      Total   
                                     emissions    emissions    emissions    emissions                 emissions 
----------------------------------------------------------------------------------------------------------------
Portland..........................        31.80         9.65        49.87         7.40       197.60       296.32
Lewiston-Auburn...................        14.95         2.29        20.92         3.74       122.70       164.60
Knox & Lincoln Co.................         4.85         0.86         6.43         1.09        68.00        81.22
Hancock & Waldo Co................         7.18         1.93         8.85         1.32       216.40       235.69
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                                                       NOX                                                      
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                Point       On-road      Non-road                               
              NAA               Area source     source       mobile       mobile        Biogenic        Total   
                                 emissions    emissions    emissions    emissions                     emissions 
----------------------------------------------------------------------------------------------------------------
Portland......................         6.13        19.38        62.47         4.41  NA                     92.39
Lewiston-Auburn...............         3.08         4.49        24.36         2.28  NA                     34.24
Knox & Lincoln Co.............         0.92         2.79         7.23         0.69  NA                     11.63
Hancock & Waldo Co............         1.11         5.49        11.12         0.96  NA                     18.68
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                                                       CO                                                       
                                   [Ozone Seasonal Emissions in Tons Per Day]                                   
----------------------------------------------------------------------------------------------------------------
                                                Point       On-road      Non-road                               
              NAA               Area source     source       mobile       mobile        Biogenic        Total   
                                 emissions    emissions    emissions    emissions                     emissions 
----------------------------------------------------------------------------------------------------------------
Portland......................         7.12         6.05       463.71        40.38  NA                    517.26
Lewiston-Auburn...............         3.57         2.35       183.86        20.48  NA                    210.26
Knox & Lincoln Co.............         1.26         0.06        46.88         6.20  NA                     54.40
Hancock & Waldo Co............         2.03         1.76        64.54         7.03  NA                     75.36
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    Maine has satisfied all of the EPA's requirements for providing a 
comprehensive, accurate, and current inventory of actual ozone 
precursor emissions for its ozone nonattainment areas. The inventories 
are complete and approvable according to the criteria set out in the 
November 12, 1992 memorandum from J. David Mobley, Chief Emission 
Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon Monoxide 
Programs Branch, AQMD. In today's final action, the EPA is fully 
approving the SIP 1990 base year ozone emission inventories submitted 
by Maine to the EPA for the Portland, Lewiston-Auburn, Knox and Lincoln 
Counties, and Hancock and Waldo Counties nonattainment areas as meeting 
the requirements of sections 182(a)(1) and 172(c)(3) of the CAA.
    The EPA has reviewed these requests for revision of the federally 
approved SIP for conformance with the provisions of the Clean Air Act 
Amendments. The EPA has determined that this action conforms with those 
requirements.

[[Page 9084]]

    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, in relation to relevant statutory and regulatory 
requirements.

IV. Summary of Redesignation Request

Background

    The Hancock and Waldo Counties (hereafter H-W) ozone nonattainment 
area is designated nonattainment for ozone and is classified as 
marginal (56 FR 56694). On May 13, 1996 Maine submitted a requests to 
have the H-W area redesignated to attainment. The H-W area had been 
granted a one-year extension of its attainment date (60 FR 33351).

Requirements for Redesignation

    Under section 107(d)(3)(E) of the Act, the following five criteria 
must be met for an ozone nonattainment area to be redesignated to 
attainment:
    1. The area must meet the ozone NAAQS.
    2. The area must meet applicable requirements of section 110 and 
Part D of the Act.
    3. The area must have a fully approved SIP under section 110(k) of 
the Act.
    4. The area must show that its experienced improvement in air 
quality is due to permanent and enforceable measures, including the SIP 
and any applicable Federal requirements.
    5. The area must have a fully approved maintenance plan under 
section 175A of the Act, including contingency measures.

EPA's Evaluation of Maine's Redesignation Request and Maintenance Plan 
for the H-W Area

    Criterion 1: The area must meet the ozone NAAQS.
    EPA's Evaluation: The area met the ozone standard with the 1993-
1995 ozone data. The area continues to meet the ozone standard with 
preliminary 1996 data. The ozone data are complete and in the 
Aerometric Information Retrieval System (AIRS) for the McFarland Hills 
ozone monitoring site in Acadia National Park. That site has an 
expected exceedance rate per year of 0.3. The standard is an expected 
exceedance rate less than or equal to 1 (40 CFR Part 50 Appendix H).
    An additional ozone monitoring site was begun on top of Cadillac 
Mountain in the park in 1995. That site began monitoring on July 25, 
1996. As stated in Appendix A ``When one adjusts for the late start up, 
this site has a complete year of data; therefore giving it an expected 
exceedance rate of 1.0,'' which is attainment. In 1996 the preliminary 
data show no exceedance at either site. The State will continue to 
monitor in this area in accordance with 40 CFR part 58. All ozone data 
for this area are available in AIRS and can be obtained from EPA Region 
I.
    Criteria 2 and 3 are similar and will be discussed together.
    Criterion 2: The area must meet applicable requirements of section 
110 and Part D.
    EPA's Evaluation: EPA's redesignation policy requires an area to 
meet all requirements in section 110 and Part D of the Clean Air Act.
    Criterion 3: The area must have a fully approved SIP under section 
110(k) of the Act.
    EPA's Evaluation: In order to meet this criteria, all applicable 
SIP elements must be approved into Maine's SIP for the H-W area.

Specific Elements

Section 110: General Requirements for Implementation Plans
    Section 110(a)(2) of the Act lists the elements to be included in 
each SIP after adoption by the State and reasonable notice and public 
hearing. The elements include, but are not limited to, provisions for 
establishment and operation of appropriate devices, methods, systems, 
and procedures necessary to monitor ambient air quality; regulation of 
the modification or construction of stationary sources, including 
provisions for Part C (PSD) and D (NSR) preconstruction permit 
programs, criteria for stationary source emission control measures, 
monitoring, and reporting, provisions for modeling, and provisions for 
public and local agency participation. For purposes of redesignation, 
the H-W area SIPs were reviewed to ensure that all requirements under 
the Act were satisfied. EPA has determined that the individual SIPs are 
consistent with the requirements of section 110 of the Act.

Part D: General Provisions for Nonattainment Areas

    Before any of the marginal nonattainment counties may be 
redesignated as attainment, they must fulfill the applicable 
requirements of Part D. Under Part D, an area's classification 
determines the requirements to which it is subject. Subpart 1 of Part D 
sets forth the basic nonattainment requirements applicable to all 
nonattainment areas. Subpart 2 of Part D establishes additional 
requirements for ozone nonattainment areas classified under table 1 of 
section 181(a). As described in the General Preamble, specific 
requirements of Subpart 2 may override Subpart 1's general provisions, 
(57 FR 13501 (April 16, 1992)). The H-W area is classified as marginal 
nonattainment and is in the Ozone Transport Region (OTR). Therefore, in 
order to be redesignated, the State must meet the applicable 
requirements of Subpart 1 of Part D--specifically sections 172 and 176, 
as well as the applicable requirements of Subpart 2 of Part D, except 
for OTR requirements.
Section 172  Requirements
    The H-W redesignation request has satisfied all of the relevant 
submittal requirements under section 172 necessary for the area to be 
redesignated to attainment.
    Section 172(c)(3) requires submission and approval of a 
comprehensive, accurate, and current inventory of actual emissions. The 
requirement was superseded by the inventory requirement in section 
182(a)(1). The MEDEP submitted such an inventory on July 26, 1995. This 
inventory is being approved by EPA in this document.
    Section 172(c)(5) requires permits for the construction and 
operation of new and modified major stationary sources anywhere in the 
nonattainment area. The Maine NSR rules were approved by EPA on Feb. 
14, 1996 (61 FR 5690).
Section 176  Conformity Requirements
    EPA has previously interpreted the conformity requirements as not 
being applicable requirements for purposes of evaluating redesignation 
requests (60 FR 62748; December 7, 1995).

Subpart 2  Section 182 Requirements (Additional Requirements)

    The H-W area is classified as marginal nonattainment. Therefore, 
Part D, Subpart 2, section 182(a) requirements apply. In accordance 
with guidance presented in the Shapiro memorandum,5 the 
requirements that were due prior to the submission of the requests to 
redesignate the area must be fully approved into the SIP before the 
requests to redesignate the area to attainment can be approved. Those 
requirements are discussed below:
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    \5\ Memorandum from Michael H. Shapiro, Acting Assistant Admin. 
for Air and Radiation, to Regional Air Directors, ``State 
Implementation Plan (SIP) Requirements for Areas Submitting Requests 
.  .  . on or After November 15, 1992,'' dated Sep 17, 1993, and 
available from EPA Region I.

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[[Page 9085]]

(1) 1990 Base Year Inventory
    The 1990 base year emission inventory was submitted to EPA on July 
26, 1995 and found complete on July 26, 1995, and is being approved in 
this document.
(2) Permit Program
    The Maine NSR rules were approved by EPA on Feb. 14, 1996 (61 FR 
5690). An interim approval of Maine's Title V permit program was 
published (61 FR 49289). Final approval will be published soon.
(3) RACT Fix-Ups
    Pursuant to the Section 182(a)(2)(A) RACT fix-up requirement, Maine 
submitted regulations for fixed roof petroleum tanks, bulk gasoline 
terminals, and paper coating sources which were approved by EPA on 
February 2, 1992 (57 FR 3946). In addition, the state submitted capture 
efficiency test procedures which were approved by EPA on March 22, 1993 
(58 FR 15281). Thus, Maine has fulfilled the RACT fix-up requirement.
(4) Periodic Inventory
    In the H-W redesignation request, the State of Maine has supplied a 
1993 inventory for VOC and NOX as part of its redesignation 
request. This inventory will also fulfill the required 1993 periodic 
inventory for Hancock and Waldo counties specified in CAA Section 
182(3)(A).
(5) Emission Statements
    The emission statements for Maine were approved by EPA on Jan. 10, 
1995 (60 FR 2524).
(6) Offset Requirements
    Section 182(a)(4) requires all major new sources or modifications 
in a marginal nonattainment area within the OTR to achieve offsetting 
reductions of precursors at a ratio of at least 1.1 to 1.0. Section 184 
raises the ratio to 1.15 to 1, within the OTR. The Maine NSR rules were 
approved by EPA on Feb. 14, 1996 with an offset ratio of 1.15 to 1 (61 
FR 5690).
Section 184  OTR Requirements
    In a previous rulemaking (61 FR 53174, Oct. 19, 1996), EPA stated 
that since OTR requirements are regional in nature and EPA can sanction 
an area separately for failure to submit or failure to implement OTR 
requirements, these OTR measures would not be a requirement for 
redesignations. In sum, redesignation to attainment will not remove the 
requirements for Maine to adopt and implement any outstanding section 
184 measures in the Hancock and Waldo Counties area.
NOX RACT Requirements
    The H-W area received a wavier from NOX RACT requirements (60 
FR 66748).
    Criterion 4: The area must show that its experienced improvement in 
air quality is due to permanent and enforceable measures.
    EPA's Evaluation: The redesignation request has shown that, through 
fully adopted and implemented, permanent and enforceable state and 
federal measures, the area's air quality has improved. The request also 
shows that the meteorology for the period 1989 to 1995 was not unusual.
    Several permanent and enforceable control measures have been put 
into place in the H-W area the most effective of which is the Federal 
Motor Vehicle Control Program. Decrease in transported ozone has also 
been a major factor in the improved air quality of this region. Since 
1992 other programs have also been implemented in Maine, such as Non-
CTG VOC RACT, Stage I gasoline vapor recovery on smaller stations, and 
reformulated gasoline.
    Criterion 5: The area must have a fully approved maintenance plan 
under section 175A of the Act, including contingency measures.
    EPA's Evaluation: The state of Maine chose 1993 to be its 
attainment year inventory and per EPA requirements must show 
maintenance out to 2006. The ME submittal (Table 2) shows a decrease 
trend in both VOC and NOX emissions from 1993 to 2006, and none of 
the intermediate years have emissions above the 1993 base line.

              Table 2.--Maintenance Inventory for H-W Area              
          [Summary of H-W VOC Emissions (tons per summer day)]          
------------------------------------------------------------------------
                                                 1993     1996     2006 
                    Sector                      attain   proj.    proj. 
------------------------------------------------------------------------
Area.........................................      5.9      5.6      6.0
Point........................................      1.4      1.4      1.5
Mobile.......................................      8.3      7.9      6.7
                                              --------------------------
    Totals...................................     15.7     14.9     14.2
------------------------------------------------------------------------


          [Summary of H-W NOX Emissions (tons per summer day)]          
------------------------------------------------------------------------
                                                 1993     1996     2006 
                    Sector                      attain   proj.    proj. 
------------------------------------------------------------------------
Area.........................................      0.5      0.5      0.5
Point........................................      5.7      5.8      5.1
Mobile.......................................     11.0     10.3      9.3
                                              --------------------------
    Totals...................................     17.3     16.7     14.9
------------------------------------------------------------------------

    The above tables show that the level of total emissions in the 
attainment year, 1993, are not exceeded in either the interim year, 
1996, or the final year, 2006. Note, the totals may not add-up due to 
rounding. The state submittal shows that intermediate years also remain 
below the 1993 baseline.

Contingencies for Approval

    Sections 107(d)(3)(E)(iv) and 175A(d) of the Act require states to 
include contingency provisions to correct promptly any NAAQS violations 
that occur after redesignation. At a minimum the state must continue to 
implement all SIP ozone measures in place before redesignation.
    EPA's Evaluation: Maine will continue to implement its ozone SIP. 
The Maine request listed several possible contingency measures for the 
H-W area. These include: Accelerated vehicle retirement, consumer 
product rules on adhesives, clean-fuel fleet programs, employee commute 
options, marine vessel loading, pesticide application controls, rule 
effectiveness improvements, Stage II gasoline vapor recovery, and 
Transportation Control Measures (TCM's).
    If the H-W area were to violate the ozone NAAQS, the MEDEP would 
adopt the contingency measure that would be most appropriate to 
minimize future violations of the NAAQS.

V. Final Action on Redesignation Request

    EPA is approving the redesignation request.

VI. Procedural Background

    The Agency has reviewed the request for revision of the Federally-
approved State implementation plan, and the request for redesignation 
for conformance with the provisions of the 1990 amendments enacted on 
November 15, 1990.
    The EPA is publishing these actions 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, the EPA is proposing to approve the SIP revision 
and the redesignation request should adverse or critical comments be 
filed. This action will be effective April 29, 1997 unless, by March 
31, 1997, adverse or critical comments are received.
    If the EPA receives such comments, the action to which those 
comments are relevant will be withdrawn before the effective date by 
publishing a subsequent document that will withdraw the final 
action(s). All public

[[Page 9086]]

comments received will 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 the action. Any parties interested in 
commenting on these actions should do so at this time. If no such 
comments are received, the public is advised that these actions will be 
effective April 29, 1997.
    Nothing in these actions should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan or redesignations. Each 
request for revision to the State implementation plan or redesignation 
shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.

VII. Administrative Requirements

A. Executive Order 12866

    These actions have been classified as a Table 3 actions for 
signature by the Regional Administrator under the procedures published 
in the Federal Register on January 19, 1989 (54 FR 2214-2225), as 
revised by a July 10, 1995 memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation. The Office of Management and 
Budget (OMB) has exempted these regulatory actions from E.O. 12866 
review.

B. Regulatory Flexibility Act

    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 
Clean Air Act 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, the Agency 
certifies 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 flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The Clean Air Act forbids EPA to base its actions concerning 
SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 
255-66 (1976); 42 U.S.C. 7410(a)(2).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA does not impose any new requirements on small entities. 
Redesignation is an action that affects the air quality planning status 
of a geographical area and does not impose any regulatory requirements 
on sources. The Agency certifies that the approval of the redesignation 
request will not affect a substantial number of small entities.

C. Unfunded Mandates

    Under Sections 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate, or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval actions promulgated do not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, EPA submitted a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives and 
the Comptroller General of the General Accounting Office prior to 
publication of the rule in today's Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by April 29, 1997. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).) EPA encourages 
interested parties to comment in response to the proposed rule rather 
than petition for judicial review, unless the objection arises after 
the comment period allowed for in the proposal.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: February 3, 1997.
John P. DeVillars,
Regional Administrator, Region I.

    For the reasons set out in the preamble title 40, chapter I 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.

    2. Section 52.1036 is added to subpart U to read as follows:


Sec. 52.1036  Emission inventories.

    (a) The Governor's designee for the State of Maine submitted 1990 
base year emission inventories for the Knox and Lincoln Counties area, 
the Lewiston and Auburn area, the Portland area, and the Hancock and 
Waldo Counties area on July 25, 1995 as a revision to the State 
Implementation Plan (SIP). The 1990 base year emission inventory 
requirement of section 182(a)(1) of the Clean Air Act, as amended in 
1990, has been satisfied for these areas.
    (b) The inventory is for the ozone precursors which are volatile 
organic

[[Page 9087]]

compounds, nitrogen oxides, and carbon monoxide. The inventory covers 
point, area, non-road mobile, on-road mobile, and biogenic sources.
    (c) The Knox and Lincoln Counties nonattainment area is classified 
as moderate. The Lewiston and Auburn nonattainment area is classified 
as moderate and consists of Androscoggin and Kennebec Counties. The 
Portland nonattainment area is classified as moderate and consists of 
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties 
nonattainment area is classified as attainment.
    (d) The Governor's designee for the State of Maine submitted 1993 
periodic year emission inventories for the Hancock and Waldo Counties 
area on May 13, 1996 as a revision to the State Implementation Plan 
(SIP). The 1993 periodic year emission inventory requirement of section 
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied 
for the Hancock and Waldo counties area.

PART 81--[AMENDED]

    1. The authority citation for part 81 continues to read as follows:

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

    2. In Sec. 81.320 the ``Maine-Ozone'' table is amended by revising 
the entry for ``Hancock County and Waldo County Area'' to read as 
follows:


Sec. 81.320  Maine.

* * * * *

                                                                      Maine--Ozone                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Designation                                               Classification                      
         Designated area         -----------------------------------------------------------------------------------------------------------------------
                                             Date \1\                        Type                        Date \1\                        Type           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Hancock County and Waldo County                                                                                                                         
 Area:                                                                                                                                                  
    Hancock County..............  Apr. 29, 1997................  Attainment.................                                                            
    Waldo County................  Apr. 29, 1997................  Attainment.................                                                            
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                                                             

[FR Doc. 97-4963 Filed 2-27-97; 8:45 am]
BILLING CODE 6560-50-P