[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Rules and Regulations]
[Pages 57148-57155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22359]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME056-1-7005a; FRL-7269-6]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Reasonably Available Control Technology for Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a State Implementation Plan (SIP) 
revision submitted by the State of Maine. This SIP revision establishes 
and requires Reasonably Available Control Technology (RACT) at 
stationary sources of nitrogen oxides (NOX) in York, 
Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox 
counties. The intended effect of this action is to approve regulatory 
provisions and source specific air emissions licenses which require 
major stationary sources of NOX to reduce their emissions in 
accordance with requirements of the Clean Air Act.

DATES: This direct final rule is effective on November 8, 2002 without 
further notice, unless EPA receives adverse comment by October 9, 2002. 
If adverse comment is received, EPA will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: You should address your comments to Mr. David Conroy, Unit 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection 
(mail code CAQ), U.S. Environmental Protection Agency, Region I, One 
Congress Street, Suite 1100, Boston, MA 02114-2023. Copies of the 
documents relevant to this action are available for public inspection 
during normal business hours, by appointment at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, Region I, One 
Congress Street, 11th floor, Boston, MA, and the Bureau of Air Quality 
Control, Department of Environmental Protection, First Floor of the 
Tyson Building, Augusta Mental Health Institute Complex, Augusta, ME 
04333-0017.

FOR FURTHER INFORMATION CONTACT: Dan Brown, Environmental Engineer, Air 
Quality Planning Unit (CAQ), U.S. EPA, Region I, One Congress Street, 
Suite 1100, Boston, MA 02114-2023; (617) 918-1532; [email protected].

SUPPLEMENTARY INFORMATION: This document is organized according to the 
following Table of Contents.

I. What Action Is EPA Taking Today?
II. Why Is the EPA Taking This Action?
III. What Did Maine Submit as Part of Its SIP?
    A. Chapter 138
    B. Miscellaneous NOX RACT and the Alternative 
NOX RACT for Pioneer Plastics Corporation in Auburn, 
Maine
    C. Miscellaneous NOX RACT for Dragon Products 
Company, Inc., in Thomaston, Maine
    D. Alternative NOX RACT for Tree Free Fiber Company, 
LLC, (formerly Statler Tissue) in Augusta, Maine
    E. Alternative NOX RACT for Mid-Maine Waste Action 
Corporation's Facility in Auburn, Maine
    F. Alternative NOX RACT for Maine Energy Recovery 
Company in Biddeford, Maine
    G. Miscellaneous and Alternative NOX RACT for 
Portsmouth Naval Shipyard in Kittery, Maine
    H. Capacity Limitations and the Testing, Monitoring, 
Recordkeeping, and Reporting Requirements for S.D. Warren Company in 
Westbrook, Maine
    I. Testing, Monitoring, Recordkeeping and Reporting Requirements 
for FMC Corporation--Food Ingredients Division in Rockland, Maine
    J. Alternative NOX RACT and Testing, Monitoring, 
Recordkeeping and Reporting Requirements for the Chinet Company in 
Waterville, Maine
    K. Testing, Monitoring, Recordkeeping and Reporting Requirements 
for Scott Paper Company in Winslow, Maine
    L. Testing, Monitoring, Recordkeeping and Reporting Requirements 
for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station 
in Yarmouth, Maine
IV. What Is the Relationship Between the Chapter 138 NOX 
RACT Rule and the Chapter 117 Source Surveillance Rule?
V. What Are the Administrative Requirements?

I. What Action Is EPA Taking Today?

    The EPA is approving Chapter 138 as well as the air emissions 
licenses for Pioneer Plastics Corporation in Auburn; Dragon Products, 
Incorporated, in Thomaston; Tree Free Fiber Company, LLC, (formerly 
Statler Tissue) in Augusta; Mid-Maine Waste Action Corporation in 
Auburn; Maine Energy Recovery Company in Biddeford; Portsmouth Naval 
Shipyard in Kittery; S.D. Warren Company in Westbrook; FMC 
Corporation--Food Ingredients Division in Rockland; the Chinet Company 
in Waterville; Scott Paper Company in Winslow; and FPL Energy's 
(formerly Central Maine Power) W.F. Wyman Station in Yarmouth, as 
collectively meeting the CAA requirements for NOX RACT in 
the moderate nonattainment areas of Maine. This approval action will 
incorporate these documents into the Maine SIP.

[[Page 57149]]

    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective 
November 8, 2002 without further notice unless the Agency receives 
relevant adverse comments by October 9, 2002.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Only parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on November 8, 2002 and no further action will 
be taken on the proposed rule.

II. Why Is the EPA Taking This Action?

    The EPA is approving Maine's SIP submittals because they comply 
with EPA's NOX RACT related policies, including the 
``Nitrogen Oxides Supplement to the General Preamble'' (57 FR 55620) 
and additional EPA guidance memoranda, such as those included in the 
``NOX Policy Document for the Clean Air Act of 1990,'' (EPA-
452/R-96-005, March 1996). Review of the NOX RACT SIP 
submittals, including Chapter 138, the miscellaneous NOX 
RACT determinations, the alternative NOX RACT 
determinations, as well as the licenses containing testing, monitoring, 
recordkeeping, and reporting requirements, indicate that Maine has 
sufficiently defined the NOX RACT requirements for major 
stationary sources of NOX located in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties in Maine. 
These seven counties make up the three areas of Maine classified as 
moderate nonattainment for the one-hour national ambient air quality 
standards for ozone.
    The Clean Air Act (CAA) requires that States develop Reasonably 
Available Control Technology (RACT) regulations for all major 
stationary sources of NOX in areas classified as 
``moderate,'' ``serious,'' ``severe,'' and ``extreme'' ozone 
nonattainment areas, and in all areas of the Ozone Transport Region 
(OTR). This requirement is established by sections 182(b)(2), 182(f), 
and 184(b) of the CAA as described below.
    Section 182(b)(2) of the CAA requires States to require 
implementation of RACT with respect to all major sources of volatile 
organic compounds (VOCs) in moderate ozone nonattainment areas or in 
areas with higher than moderate nonattainment classifications as 
expeditiously as practicable but no later than May 31, 1995. 
Furthermore, section 182(f) states that, ``the plan provisions required 
under this subpart for major stationary sources of volatile organic 
compounds shall also apply to major stationary sources (as defined in 
section 302 and subsections (c), (d), and (e) of the section) of oxides 
of nitrogen.'' Additionally, section 184(b)(2) requires major 
stationary sources in the OTR, which includes all of Maine, to meet the 
requirements applicable to major sources as if the area is classified 
as a moderate nonattainment area (unless already classified at a higher 
nonattainment level) as well. These sections of the CAA, taken 
together, establish the requirements for Maine to submit a 
NOX RACT regulation which covers major sources statewide.
    Section 302 of the CAA generally defines ``major stationary 
source'' as a facility or source of air pollution which has the 
potential to emit 100 tons per year or more of air pollution. This 
definition applies unless another provision of the CAA explicitly 
defines major source differently. For NOX, in marginal and 
moderate areas, and attainment areas in the OTR, a major source is one 
with the potential to emit 100 tons per year or more. Therefore, for 
purposes of applicability to NOX RACT in Maine, a major 
stationary source of NOX is a facility with the potential to 
emit 100 tons or more per year of NOX.
    At the time of adoption of Chapter 138, Maine had four areas which 
were designated as ozone nonattainment: the Hancock and Waldo area, 
which was classified as marginal nonattainment; the Knox and Lincoln 
county area, which was classified as moderate nonattainment; the 
Lewiston-Auburn area, which was classified as moderate nonattainment; 
and, the Portland area, which was classified as moderate nonattainment 
(see 40 CFR Part 81 for the list of affected towns). On February 28, 
1997, the EPA approved a request by the State of Maine to redesignate 
the Hancock and Waldo area from marginal nonattainment to attainment 
(62 FR 9081).
    On December 26, 1995, EPA approved Maine's Chapter 138 
NOX RACT rule as it applied to the Hancock and Waldo area as 
well as the other non-moderate counties in Maine (i.e., Oxford, 
Franklin, Somerset, Piscataquis, Penobscot, Washington, and Aroostook) 
that collectively make up the Northern Maine Area (see 60 FR 66748). 
The December 26, 1995, approval also included a NOX waiver 
under section 182(f) of the Clean Air Act. The waiver was limited in 
that it did not require anything above the Chapter 138 NOX 
RACT rule for the nine counties making up the northern Maine area at 
that time. Section 182(f) allows the Administrator to issue such a 
waiver upon making a determination that air quality benefits would be 
greater in the absence of NOX reductions from sources in a 
RACT subject area.
    In today's action we are approving Chapter 138 as it applies in the 
three current moderate nonattainment areas: Knox and Lincoln area, 
Lewiston-Auburn area (Androscoggin and Kenebeck Counties) and Portland 
area (York, Cumberland and Sagadahoc Counties). With this action 
Chapter 138 will be approved statewide and, therefore, will meet 
requirements that Maine submit a NOX RACT regulation which 
covers major sources statewide.

III. What Did Maine Submit as Part of Its SIP?

    On August 5, 1994, the State of Maine formally submitted Chapter 
138 as a SIP revision. On July 1, 1997, Maine submitted case-specific 
NOX RACT determinations as single source SIP revisions for 
the following facilities: Pioneer Plastics Corporation in Auburn 
(Pioneer); Mid-Maine Waste Action Corporation in Auburn (MMWAC); Tree 
Free Fiber Company, LLC, (formerly Statler Tissue) in Augusta (TF/ST); 
Dragon Products, Incorporated in Thomaston (Dragon); and Maine Energy 
Recovery Company in Biddeford (MERC). On August 14, 1998, Maine 
submitted case-specific NOX RACT determinations as single 
source SIP revisions for the following facilities: FPL Energy's 
(formerly Central Maine Power) W.F. Wyman Station in Yarmouth (FPL); 
FMC Corporation--Food Ingredients Division's Rockland facility (FMC); 
Portsmouth Naval Shipyard (PSNY) in Kittery; the Chinet Company's 
Waterville facility (Chinet); Scott Paper Company's Winslow facility 
(Scott); and S.D. Warren Company's Westbrook facility (S.D. Warren). On 
October 9, 1997, Maine submitted an amendment to the case specific 
NOX RACT determination for PSNY in Kittery.
    The following is a description of the Maine SIP revisions being 
approved in this action, including regulations and

[[Page 57150]]

case-specific NOX RACT determinations. For a more detailed 
discussion of Maine's submittals and EPA's proposed action, the reader 
should refer to, ``Technical Support Document--Maine NOX 
RACT in the Moderate Nonattainment Areas'' (TSD), dated December 14, 
1998. Copies of the TSD are found in the rulemaking docket (see 
Addresses).

A. Chapter 138

    Chapter 138 of Maine's regulations contains five general sections. 
Section 1 deals with applicability and exemptions of facilities and 
equipment. In general, Chapter 138 applies to any existing stationary 
source that has potential to emit quantities of NOX 
emissions greater than or equal to 100 tons per year statewide. 
Subsections 1(A)(1) and (2) of the regulation further define the 
applicability of various control technology requirements for sources 
subject to Chapter 138 depending on the ozone nonattainment 
classification of their location.
    Subsection 1(A)(1) states that, ``[B]y May 31, 1995, any source 
located in any area designated by the Federal Government under 40 Code 
of Federal regulations, Part 81 as a moderate nonattainment area for 
ozone shall comply with the standards specified in Section 3.'' Prior 
to May 31, 1995, EPA designated the following counties in Maine as 
moderate nonattainment: York, Cumberland, Sagadahoc, Androscoggin, 
Kennebec, Lincoln, and Knox counties.
    Section 1(A)(2) states that, ``[B]y May 31, 1995, any source 
located in an area in the state that is not designated by the Federal 
Government under 40 Code of Federal Regulations, Part 81 as a moderate 
nonattainment area for ozone shall comply with the standards specified 
in Sections 3(A), 3(C)-3(O), and Section 4.'' By May 31, 1995, the 
areas that were not designated as moderate areas in Maine included: 
Aroostook, Penobscot, Piscataquis, Washington, Somerset, Franklin, and 
Oxford counties, classified as attainment areas, as well as Hancock and 
Waldo counties, classified as marginal non-attainment areas. The reader 
should note that on December 26, 1995, EPA published a document in the 
Federal Register (60 FR 66748) approving Chapter 138, as it applies to 
the non-moderate areas of the State, into the Maine SIP.
    Section 1(B) of the regulation contains provisions to exempt 
equipment and facilities where the NOX emitting equipment 
has the potential to emit less than 10 tons per year of NOX 
or where emergency standby engines operate for less than 500 hours 
during any consecutive 12 month period and the ignition timing is set 
and maintained at four degrees retarded to standard timing.
    Section 2 of Chapter 138 contains a number of definitions. Several 
are particular to Maine's regulation and are not related to a federal 
requirement. These include: large boiler, small boiler, mid-size 
boiler, lime kiln, MgO recovery boiler, auxiliary/standby boiler, and 
kraft recovery boiler. Chapter 138 also contains definitions of several 
terms that have been defined in EPA regulations or guidance. These 
terms include: potential to emit, and, repowering project unit.
    Section 3 defines NOX emission limitations, technology 
standards, or work practice standards for RACT subject sources. Section 
3 sets NOX emission limitations for large boilers, i.e., 
boilers with an energy input capacity of 1500 million Btu per hour 
(mmBtu/hr). These limits are set on a 24 hour basis and compliance must 
be demonstrated through the use of a continuous emissions monitoring 
system (CEMS).
    Section 3 defines NOX emission limits or technology 
standards for mid-size boilers (i.e., boilers with energy input 
capacities greater than or equal to 50 mmBtu/hr but less than 1500 
mmBtu/hr). Section 3 requires mid-size boilers with heat input 
capacities greater than 200 mmBtu/hour or greater to demonstrate 
compliance on a 24 hour block average basis through the use of 
continuous emission monitoring systems.
    For small boilers (i.e., units with heat input capacities greater 
than 20 mmBtu/hour but less than 50 mmBtu/hour), section 3 of Chapter 
138 requires that annual tune-ups be performed on the boilers. The 
regulations specify the types of records to be kept during the tune-up 
procedure as well as a requirement for the periodic verification of the 
parameter settings. Similarly, for auxiliary or standby boilers (i.e., 
boilers limited to less than 100 tons per year, 12 month rolling 
average, and 20 tons per month), section 3 defines RACT as the same 
annual tune-up and recordkeeping procedures for small boilers.
    For kraft recovery boilers, magnesium oxide (MgO) recovery boilers, 
and lime kilns, section 3 of Chapter 138 sets NOX emission 
limitations. For the recovery boilers, the regulation requires 
compliance to be demonstrated on a 24 hour basis by a CEMS. For lime 
kilns, compliance is determined by stack testing. Section 3 of Chapter 
138 sets NOX emission limits for refuse derived fuel (RDF) 
municipal solid waste (MSW) incinerators and mass burn MSW incinerators 
as well with compliance demonstrations on a 24 hour basis using a CEMS.
    For NOX emitting units located at major stationary 
sources not covered by the specific standards of sections 3(A) through 
3(G), i.e., miscellaneous RACT sources, section 3 of Chapter 138 
requires that the source conduct a RACT alternatives analysis. Section 
3 also requires sources seeking alternative RACT determinations to 
submit an application to revise the facility's air emission license, 
including a description of the NOX emitting equipment at the 
facility, an examination of the technical and economic feasibility of 
various NOX control options, the option chosen, including 
emission limits, test methods, and means of assessing compliance, the 
amount of NOX to be reduced, and a schedule for 
implementation. In order for these determinations to satisfy the SIP 
requirements of the CAA, the RACT orders must be submitted and approved 
as case-specific SIP revisions.
    Section 3 of Chapter 138 also allows sources to comply with 
alternative emission limitations through the seasonal combustion of 
different fuels (i.e., ``fuel-switching'') or through the use of 
emissions averaging. Additionally, section 3 allows a facility to delay 
the installation of NOX controls on existing NOX 
emitting equipment in order to complete the dismantling and repowering 
of any of its equipment. In order to eligible for such ``repowering'' 
provisions,'' the facility have an enforceable agreement with the DEP 
by January 1, 1995, committing them to shut down and repower the 
equipment by May 15, 1999. Furthermore, the replacement unit must have 
a BACT or LAER limit in place. The regulations contain a presumptive 
NOX RACT control requirement that units to be repowered 
perform annual tune-ups between March 15 and June 15 of each year, 
starting in 1995, until the new unit is in place.
    Section 4 of Chapter 138 only applies to NOX sources in 
the non-moderate areas of the State. As noted above, EPA published a 
Federal Register notice on December 26, 1995, approving that section 
into the Maine SIP. Therefore, no further action is necessary for that 
section of Chapter 138.
    Section 5 of the regulations include provisions for the submittal 
and approval of NOX RACT applications for facilities subject 
to section 3 of Chapter 138. These provisions also lay out the process 
by which DEP issues RACT orders, including the public comment

[[Page 57151]]

process. Section 5 requires units to specify testing, monitoring, 
recordkeeping, and reporting procedures, which are subject to State and 
EPA approval as part of the RACT order application and issuance 
process. However, in order for the testing, monitoring, record keeping, 
and reporting requirements to be enforceable, as they apply to units 
for which Chapter 138 does not define such requirements, those 
requirements must be made part of final RACT orders in air emission 
licenses and subsequently submitted to EPA as SIP revisions.

B. Miscellaneous NOX RACT and the Alternative NOX 
RACT for Pioneer Plastics Corporation in Auburn, Maine

    Pioneer Plastics is a plastics manufacturing company with a 
facility which is subject to Chapter 138. The Pioneer Plastics' Auburn 
facility includes a thermal oxidizer unit (incinerator) used to destroy 
volatile organic compounds (VOCs) and hazardous air pollutants (HAPs). 
Chapter 138, section 3(H) requires owners of miscellaneous stationary 
sources to submit an analysis of NOX RACT options and for 
Maine to determine RACT for those sources on a case by case basis.
    In its RACT analysis, Pioneer demonstrated that because the use of 
add-on NOX controls would reduce the destruction efficiency 
incinerator, those methods are considered technically infeasible as 
RACT options. Therefore, Maine issued air emissions licenses A-448-72-
K-A/R and A-448-71-O-M, amendment 2, on August 23, 1995, and 
March 10, 1997, respectively, requiring annual inspection and repair of 
the duct work, including the seals of the doors of the unit, as well as 
of the burner components, as NOX RACT for this unit.
    Pioneer also has a boiler, Boiler 6, which meets the 
Chapter 138 definition of a mid-size boiler. However, Pioneer applied 
for an alternative NOX RACT determination which examined a 
number of NOX control technologies for the boiler. As a 
result, Maine issued licenses A-448-72-K-A/R and A-448-71-O-M, 
amendment 2, which define alternative RACT as optimizing the 
boiler and using natural gas whenever available at the interruptible 
purchase rate (approximately 8 months of the year). The licenses were 
submitted to EPA as a SIP revision on July 1, 1997.

C. Miscellaneous NOX RACT for Dragon Products Company, Inc., 
in Thomaston, Maine

    Dragon Products Company in Thomaston, Maine, (Dragon) has a cement 
making facility subject to Chapter 138. Chapter 138 does not define 
NOX RACT explicitly for cement kilns but rather section 3(H) 
requires owners of such miscellaneous stationary sources to submit an 
analysis of NOX RACT options from which Maine can define 
RACT on a case by case basis.
    Dragon submitted an analysis of NOX controls to Maine 
which demonstrated that post combustion controls were not economically 
feasible. On June 5, 1996 and March 5, 1997, Maine issued air emission 
licenses A-326-72-N-A, amendment 5, and A-326-71-P-M, 
amendment 7, which require the implementation of a variety of 
combustion and process changes, including the installation of a low-
NOX burner system. The license was submitted to EPA as a SIP 
revision on July 1, 1997.

D. Alternative NOX RACT for Tree Free Fiber Company, LLC, 
(Formerly Statler Tissue) in Augusta, Maine

    Tree Free Fiber Company's facility in Augusta (formerly Statler 
Tissue) is subject to Chapter 138. Statler Tissue applied for 
alternative NOX RACT determinations for two of the mid-size 
boilers at the facility, Boilers 3, and 5. In their 
application, Statler analyzed a number of RACT options for boilers 
3 and 5 but no option was shown to be economically 
feasible. Therefore, Maine DEP determined that for boilers 3 
and 5, annual boiler tune-ups was RACT.
    In February 1995, operations at the Statler Tissue (ST) facility 
were suspended. The property and licenses were transferred to Tree Free 
Fiber Company (TF). Subsequently, TF/ST requested several minor 
revisions to the air emission license for the facility. On June 12, 
1996, the Maine DEP issued air emission license A-195-71-G-M which 
superseded a number of conditions found in the earlier license. For 
example, license A-195-71-G-M requires TF/ST to reevaluate the RACT 
alternatives within 6 months of the facility exceeding a capacity 
utilization threshold of 3,000,000 gallons on a 12 month rolling 
average basis of fuel oil burned. The license was submitted to EPA as a 
SIP revision on July 1, 1997.

E. Alternative NOX RACT for Mid-Maine Waste Action 
Corporation's Facility in Auburn, Maine

    Mid-Maine Waste Action Corporation (MMWAC) has a facility in 
Auburn, Maine which includes two refractory lined, mass-burn municipal 
waste combustors (MWCs) which are subject to Chapter 138, section 3(G). 
Mid-Maine Waste Action Corporation submitted a RACT application 
pursuant to Chapter 138, section (I) which examined a number of 
NOX control techniques. The NOX controls were 
found to be technically and economically infeasible. On October 16, 
1996, Maine issued license A-378-72-E-A, Amendment 2 to MMWAC 
which was submitted to EPA as a SIP revision on July 1, 1997.

F. Alternative NOX RACT for Maine Energy Recovery Company in 
Biddeford, Maine

    Maine Energy Recovery Company (MERC) has a facility in Biddeford, 
Maine which includes two refuse-derived fuel (RDF) boilers which are 
subject to the NOX RACT emissions limit in Chapter 138, 
section 3(F) for RDF units. In this case, the proposed alternative 
NOX RACT determination expresses the emission standard in 
another form and does not result in an increase in actual 
NOX emissions from the NOX RACT limit defined in 
Chapter 138. Therefore, it was not necessary that MERC analyze 
alternative NOX control systems. Air emissions license A-46-
71-L-A was submitted to EPA as a SIP revision on July 1, 1997.

G. Miscellaneous and Alternative NOX RACT for Portsmouth 
Naval Shipyard in Kittery, Maine

    Portsmouth Naval Shipyard (PNSY) is subject to Chapter 138. The 
NOX emitting equipment at the Kittery facility include four 
boilers and eleven diesel fired internal combustion (IC) engines. PNSY 
has eleven IC engines which operate more than 500 hours per year. 
However, Chapter 138 does not define NOX RACT for engines 
that operate more than 500 hours. Therefore, these engines are 
considered miscellaneous stationary sources under Chapter 138, section 
3(H). In February 1995, PNSY submitted to Maine a RACT analysis for the 
eleven engines which examined a variety of NOX reducing 
techniques. Of all the techniques studied, only the ignition timing 
retard was shown to be economically and technically feasible for the 
three air compressor engines. For the eight crane engines, however, a 
number of safety concerns make even the use of ignition timing retard 
technically infeasible as RACT.
    The PNSY facility also has four boilers which are subject to 
Chapter 138, section 3(B). Chapter 138 section 3(I), however, allows 
owners of stationary sources at RACT subject facilities to apply for an 
alternative RACT determination. As part of its alternative 
NOX RACT application, PNSY examined a number of 
NOX control techniques prior to the time when each boiler 
will be converted to natural gas-firing.

[[Page 57152]]

    On October 21, 1996, Maine DEP issued license A-452-71-D-A, 
amendment 2, to PNSY which contained a schedule to convert the 
four boilers to natural gas, requirements for the boilers to meet the 
interim equipment standards and emission limits, as well as 
requirements for the IC engines. On August 14, 1998, Maine submitted 
the license A-452-71-D-A, amendment 2, to EPA as a SIP 
revision. On July 25, 1997, Maine DEP issued license A-452-71-F-M, 
amendment 4, to PNSY in which a minor revision was made to 
include the boiler optimization procedures in the Order section of the 
license (they were previously listed in the ``Findings of Fact'' 
section). On October 9, 1997, Maine submitted the license A-452-71-F-M, 
amendment 4, to EPA as a SIP revision.

H. Capacity Limitations and the Testing, Monitoring, Recordkeeping, and 
Reporting Requirements for S.D. Warren Company in Westbrook, Maine

    S.D. Warren Company (S.D. Warren) has a facility in Westbrook, 
Maine which is subject to Chapter 138. At the Westbrook facility, there 
are three boilers for which S.D. Warren has requested capacity 
limitations on Power Boiler 17 (PB 17), Power Boiler 
18 (PB 18), and Power Boiler 20 (PB 20) in order to 
avoid triggering the requirement for the installation and operation of 
NOX continuous emission monitoring systems under Chapter 
138, section 3(B). On June 12, 1996, Maine DEP issued S.D. Warren air 
emission license A-29-71-Y-A, amendment 13, which limits the 
firing capacities of each of these boilers.
    Additionally, Chapter 138 does not define the testing, monitoring, 
recordkeeping, and reporting requirements for all emission units at 
facilities subject to the regulation. Therefore, on August 14, 1998, 
Maine submitted to EPA air emission license A-29-71-Y-A, amendment 
13, which contains the additional monitoring, recordkeeping, 
and reporting requirements necessary to fully define RACT for the 
boilers at S.D. Warren. The license was submitted to EPA as a SIP 
revision on August 14, 1998.

I. Testing, Monitoring, Recordkeeping and Reporting Requirements for 
FMC Corporation--Food Ingredients Division in Rockland, Maine

    The FMC Corporation--Food Ingredients Division's (FMC) Rockland 
facility is subject to Chapter 138. However, Chapter 138 does not 
define the testing, monitoring, recordkeeping, and reporting 
requirements for all the emission units at facilities subject to the 
regulation. Therefore, on February 7, 1996, Maine issued air emission 
license A-366-72-H-A, amendment 5, to FMC which defines 
additional testing, monitoring, recordkeeping, and reporting 
requirements for the three boilers. The license was submitted to EPA as 
a SIP revision on August 14, 1998.

J. Alternative NOX RACT and Testing, Monitoring, 
Recordkeeping and Reporting Requirements for the Chinet Company in 
Waterville, Maine

    Chinet Company's Waterville facility (Chinet) is subject to Chapter 
138 of Maine's regulations. A number of boilers at the facility are 
subject to the NOX RACT requirements of section 3(L) for 
small boilers, including Boiler 1 and Boiler 4. 
However, Boilers 1 and 4 are rarely used. Therefore, 
Chinet has proposed that only if either of these boilers operates at a 
capacity factor of greater than 2%, must they comply with the 
requirements of section 3(L). If and when the threshold is exceeded, 
Chinet proposed to comply with the requirements of section 3(L) at both 
boilers within 90 days. On January 15, 1996, Maine issued air emission 
license A-416-72-B-A to Chinet formalizing the capacity trigger for 
Boilers 1 and 4, including the recordkeeping 
requirements.
    Also, Chapter 138 does not define the testing, monitoring, 
recordkeeping, and reporting requirements for Boiler 5 at 
Chinet's Waterville facility. Therefore, on January 18, 1996, Maine 
issued air emission license A-416-72-B-A to Chinet which defines the 
testing, monitoring, recordkeeping, and reporting requirements for 
Boiler 5. The final license for Chinet was submitted to EPA as 
a SIP revision on August 14, 1998.

K. Testing, Monitoring, Recordkeeping and Reporting Requirements for 
Scott Paper Company in Winslow, Maine

    Scott Paper Company's Winslow Facility (Scott) is subject to 
Chapter 138. However, Chapter 138 does not define the testing, 
monitoring, recordkeeping, and reporting requirements for Boiler 
1, Boiler 2, and Boiler 4 at Scott. 
Therefore, on November 15, 1995, Maine issued air emission license A-
188-72-E-A, amendment 2, to Scott which defines additional 
testing, monitoring, recordkeeping, and reporting requirements for 
Boilers 1, 2, and 4. The license was 
submitted to EPA as a SIP revision on August 14, 1998.

L. Testing, Monitoring, Recordkeeping and Reporting Requirements for 
FPL Energy's (formerly Central Maine Power) W.F. Wyman Station in 
Yarmouth, Maine

    FPL Energy's W.F. Wyman Station in Yarmouth (FPL) is subject to 
Chapter 138. However, Chapter 138 does not define the testing, 
monitoring, recordkeeping, and reporting requirements for Boiler 
5. Therefore, on May 18, 1995, and February 16, 1996, Maine 
issued air emission license A-388-71-C-A, amendment 1, and A-
388-71-D-M, amendment 1, respectively, to FPL which define 
additional testing, monitoring, recordkeeping, and reporting 
requirements for Boiler 5. The licenses were submitted to EPA 
as SIP revisions on August 14, 1998.

IV. What Is the Relationship Between the Chapter 138 NOX 
RACT Rule and the Chapter 117 Source Surveillance Rule?

    For large boilers, mid-size boilers with input capacities greater 
than 200 mmBtu/hour, kraft recovery boilers, MgO recovery boilers, mass 
burn and RDF incinerators, and units using emissions averaging for 
compliance, Chapter 138 requires the source to demonstrate compliance 
through the use of a NOX CEMS that satisfies the 
requirements of Chapter 117. Chapter 117 was first adopted by Maine on 
August 9, 1988 and approved it into the SIP on March 21, 1989. Chapter 
117 contains the performance specifications, record keeping, reporting, 
and compliance schedule requirements for NOX sources.
    On May 9, 1994, Maine revised Chapter 117 and submitted the adopted 
revisions to EPA on June 20, 1994. The revised Chapter 117 contains 
additional performance specifications, recordkeeping, reporting, 
compliance schedule, quality assurance/quality control, data 
availability, and compliance/enforcement requirements which apply to 
sources using a CEMS. The current, revised state version of Chapter 117 
would apply to sources covered by Chapter 138. Through a separate 
rulemaking in the future the EPA will take action on the revised 
version Chapter 117.

V. What Are the Administrative Requirements?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not

[[Page 57153]]

subject to Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001). This action merely approves state law as meeting 
Federal requirements and imposes no additional requirements beyond 
those imposed by state law. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 November 8, 2002. Interested 
parties should 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. 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, Ozone, 
Reporting and recordkeeping requirements.

    Dated: August 16, 2002.
Robert W. Varney,
Regional Administrator, EPA New England.

    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 et seq.

Subpart U--Maine

    2. Section 52.1020 is amended by adding paragraphs (c)(46) and 
(c)(47) to read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (46) Revision to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994.
    (i) Incorporation by reference.
    (A) Chapter 138 of the Maine Department of Environmental Protection 
Regulations, ``Reasonably Available Control Technology For Facilities 
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This 
rule was adopted and effective in the State of Maine on August 3, 1994.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (47) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 1, 1997, October 
9, 1997, and August 14, 1998.
    (i) Incorporation by reference.
    (A) Air emission license A-388-71-C-A, Amendment 1, 
condition (q); and A-388-71-D-M, amendment 1, conditions 19 
and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman 
Station issued by Maine Department of Environmental Protection on May 
18, 1995, and February 16, 1996, respectively.
    (B) Air emission licenses A-195-71-G-M, Amendment 1, and 
A-195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and 
conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber 
Company, LLC, (formerly Statler Industries Inc.) issued by Maine 
Department of Environmental Protection on June 12, 1996, and, June 16, 
1995, respectively.
    (C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2), 
(II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M, 
Amendment 2, condition (14)(k), for Pioneer Plastics 
Corporation issued by Maine Department of Environmental Protection on 
August 23, 1995, and March 10, 1997, respectively.
    (D) Air emission license A-188-72-E-A, Amendment 2, 
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott 
Paper Company issued by Maine Department of Environmental Protection on 
November 15, 1995.

[[Page 57154]]

    (E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 
3c, 3e, and (m) for The Chinet Company issued by Maine Department of 
Environmental Protection on January 18, 1996.
    (F) Air emission license A-366-72-H-A, Amendment 5, 
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--
Food Ingredients Division issued by Maine Department of Environmental 
Protection on February 7, 1996.
    (G) Air emission licenses A-326-72-N-A, Amendment 5, and 
A-326-71-P-M, Amendment 7, for Dragon Products Company, Inc., 
issued by Maine Department of Environmental Protection on June 5, 1996, 
and March 5, 1997, respectively.
    (H) Air emission license A-29-71-Y-A, Amendment 13, 
conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by 
Maine Department of Environmental Protection on June 12, 1996.
    (I) Air emission license A-378-72-E-A, Amendment 2, for 
Mid-Maine Waste Action Corporation issued by Maine Department of 
Environmental Protection on October 16, 1996.
    (J) Air emission licenses A-452-71-D-A, Amendment 2, 
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, 
Amendment 4, condition 4 for Portsmouth Naval Shipyard issued 
by Maine Department of Environmental Protection on October 21, 1996, 
and July 25, 1997, respectively.
    (K) Air emission license A-46-71-L-A, Amendment 4, for 
Maine Energy Recovery Company issued by Maine Department of 
Environmental Protection on November 12, 1996.
    (ii) Additional materials.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting 
case-specific NOX RACT determinations.
    3. In Sec.  52.1031 Table 52.1031 is amended by adding new entries 
under the existing state citation Chapter 138 to read as follows:


Sec.  52.1031--EPA--approved  Maine Regulations

* * * * *

                                                    Table 52.1031--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Date adopted by     Date approved
    State citation         Title/Subject            State             by EPA         Federal Register citation         52.1020
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
138..................  NOX RACT............               8/3/94          9/9/02  [Insert FR citation from        (c)(46)..........  Affects sources in
                                                                                   published date].                                   York, Cumberland,
                                                                                                                                      Sagadahoc,
                                                                                                                                      Androscoggin,
                                                                                                                                      Kennebec, Lincoln,
                                                                                                                                      and Knox counties.
138..................  NOX RACT............            5/18/95 &          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                         2/16/96                   published date].                                   RACT for FPL
                                                                                                                                      Energy's (formerly
                                                                                                                                      Central Maine
                                                                                                                                      Power) W.F. Wyman
                                                                                                                                      Station.
138..................  NOX RACT............            6/16/95 &          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                         6/12/96                   published date].                                   RACT for Tree Free
                                                                                                                                      Fiber Company,
                                                                                                                                      LLC. (formerly
                                                                                                                                      Statler Tissue).
138..................  NOX RACT............            8/23/95 &          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                         3/10/97                   published date].                                   RACT for Pioneer
                                                                                                                                      Plastics
                                                                                                                                      Corporation.
138..................  NOX RACT............             11/15/95          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for Scott
                                                                                                                                      Paper Company.
138..................  NOX RACT............              1/18/96          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for Chinet
                                                                                                                                      Company. date]
138..................  NOX RACT............               2/7/96          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for FMC
                                                                                                                                      Corporation--Food
                                                                                                                                      from Ingredients
                                                                                                                                      Division.
138..................  NOX RACT............             6/5/96 &          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                          3/5/97                   published date].                                   FR RACT for Dragon
                                                                                                                                      Products Company,
                                                                                                                                      Inc.
138..................  NOX RACT............              6/12/96          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for S.D.
                                                                                                                                      Warren Company.
138..................  NOX RACT............             10/16/96          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for Mid-Maine
                                                                                                                                      Waste Action
                                                                                                                                      Corporation.
138..................  NOX RACT............           10/21/96 &          9/9/92  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                         7/25/97                   published date].                                   RACT for
                                                                                                                                      Portsmouth Naval
                                                                                                                                      Shipyard.
138..................  NOX RACT............             11/12/96          9/9/02  [Insert FR citation from        (c)(47)..........  Case-specific NOX
                                                                                   published date].                                   RACT for Maine
                                                                                                                                      Energy Recovery
                                                                                                                                      Company.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 57155]]

[FR Doc. 02-22359 Filed 9-6-02; 8:45 am]
BILLING CODE 6560-50-P