[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13227-13231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6209]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2004-ME-0001; A-1-FRL-7625-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Approval of State Implementation Plan Revision to PM10 PSD 
Increments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maine. This revision establishes maximum 
allowable increases in particulate matter concentration for the 
prevention of significant deterioration (PSD) program, where 
particulate matter is measured as particulates with a mean aerodynamic 
diameter of 10 microns or less (``PM10''), rather than as total 
suspended particulates (TSP).

DATES: This direct final rule will be effective May 21, 2004, unless 
EPA receives adverse comments by April 21, 2004. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register, informing the public that the rule will 
not take effect.

ADDRESSES: Comments may be mailed to Dan Brown, Acting Unit Manager, 
Air Permits, Toxics, and Indoor Air Programs, Office of Ecosystem 
Protection (mail code CAP) U.S. Environmental Protection Agency, EPA 
New England Regional Office, One Congress Street, Suite 1100, Boston, 
MA 02114-2023. Comments also may be submitted electronically or through 
hand delivery/courier; please follow the detailed instructions 
described in part (I)(B)(1)(i) through (iv) of the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, Air Permits, Toxics, and

[[Page 13228]]

Indoor Air Programs Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston, 
MA 02114-2023, (617) 918-1655, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under Regional Material EDocket Number R01-OAR-2004-ME-0001. The 
official public file consists of the documents specifically referenced 
in this action, any public comments received, and other information 
related to this action. Although a part of the official docket, the 
public rulemaking file does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public rulemaking file is the collection of 
materials that is available for public viewing at the Office of 
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the For Further Information Contact section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30 excluding Federal Holidays.
    2. Electronic Access. An electronic version of the public docket is 
available through EPA's Regional Material EDocket (RME) system, a part 
of EPA's electronic docket and comment system. You may access RME at 
http://docket.epa.gov/rmepub/index.jsp to review associated documents 
and submit comments. Once in the system, select ``quick search,'' then 
key in the appropriate RME Docket identification number.
    You may also access this Federal Register document electronically 
through the Regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.
    3. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency. 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.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking R01-OAR-2004-ME-0001'' in the 
subject line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD-ROM you submit, and in any cover letter accompanying 
the disk or CD-ROM.
    This ensures that you can be identified as the submitter of the 
comment and allows EPA to contact you in case EPA cannot read your 
comment due to technical difficulties or needs further information on 
the substance of your comment. EPA's policy is that EPA will not edit 
your comment, and any identifying or contact information provided in 
the body of a comment will be included as part of the comment that is 
placed in the official public docket, and made available in Regional 
Material EDocket. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    i. Regional Material EDocket (RME). Your use of EPA's Regional 
Material EDocket to submit comments to EPA electronically is EPA's 
preferred method for receiving comments. Go directly to RME at http://docket.epa.gov/rmepub/index.jsp, and follow the online instructions for 
submitting comments. Once in the RME system, select ``quick search,'' 
and then key in RME Docket ID Number R01-OAR-2004-ME-0001. The system 
is an ``anonymous access'' system, which means EPA will not know your 
identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please include the text ``Public comment on proposed 
rulemaking R01-OAR-2004-ME-0001'' in the subject line. EPA's e-mail 
system is not an ``anonymous access'' system. If you send an e-mail 
comment directly without going through Regulations.gov, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket.
    iii. Regulations.gov. Your use of Regulations.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then click on the button 
``TO SEARCH FOR REGULATIONS CLICK HERE'', and select Environmental 
Protection Agency as Agency name to search on. The list of current EPA 
actions available for comment will be listed. Please follow the online 
instructions for submitting comments. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    iv. Disk or CD-ROM. You may submit comments on a disk or CD-ROM 
that you mail to the mailing address identified in section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Dan Brown, Acting Unit Manager, 
Air Permits, Toxics and Indoor Program Unit, Office of Ecosystem 
Protection (mail code CAP)] U.S. Environmental Protection Agency, EPA 
New England Regional Office, One Congress Street,

[[Page 13229]]

Suite 1100, Boston, MA 02114-2023. Please include the text ``Public 
comment on proposed rulemaking R01-OAR-2004-ME-0001'' in the subject 
line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Dan 
Brown, Acting Unit Manager, Air Permits, Toxics and Indoor Program 
Unit, Office of Ecosystem Protection, U.S. Environmental Protection 
Agency, EPA New England Regional Office, One Congress Street, Suite 
11th floor, (CAP), Boston, MA 02114-2023. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30 excluding Federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD-ROM, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD-ROM, mark the outside of the 
disk or CD-ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

II. Rulemaking Information

    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

Summary of SIP Revision

A. What Led to This SIP Revision?

B. What Will This SIP Revision Do?

C. What Are PSD Increments?

D. What PSD Increments Is Maine Adopting?

E. Does This Action Affect the Attainment Status of Any Area in 
Maine?

F. Is This Action Affected by the Decision in American Trucking 
Associations, Inc. v. U.S. EPA?

III. Final Action

IV. Statutory and Executive Order Reviews

    On August 23, 1996, the State of Maine formally submitted a request 
to revise its State Implementation Plan (SIP). The SIP revision 
consists of changes to the Maine Ambient Air Quality Standards at 
chapter 110 of the Department of Environmental Protection regulations 
in the Code of Maine Rules (``Chapter 110'').

Summary of SIP Revision

A. What Led to This SIP Revision?

    On July 1, 1987, EPA promulgated a new rule (52 FR 24634) regarding 
the primary (health) and secondary (public welfare) National Ambient 
Air Quality Standards (NAAQS) for particulate matter (40 CFR 50.6). 
Under this rule, particulate matter is measured in the ambient air as 
PM10, or particles with a mean aerodynamic diameter of 10 microns or 
less, rather than as TSP, for the purposes of determining compliance 
with the NAAQS for particulate matter. Maine revised Chapter 110 in 
response to this new rule and submitted the revised Chapter 110 as a 
SIP revision in October 1989. EPA approved this SIP revision on March 
23, 1993 (58 FR 15422), making the PM10 standard in the Maine Ambient 
Air Quality Standards (MAAQS) program federally enforceable.
    On June 3, 1993, EPA promulgated a rule (58 FR 31622) replacing TSP 
with PM10 as the measure of particulate matter in the prevention of 
significant deterioration (PSD) program (40 CFR 51.166(c)). On July 24, 
1996, Maine again revised Chapter 110 in response to this rule. Maine 
submitted the revised Chapter 110 as a SIP revision on August 23, 1996. 
By this final direct rulemaking, EPA is approving this SIP revision, 
making the PM10 standard in the PSD program federally enforceable.

B. What Will This SIP Revision Do?

    This SIP revision amends section 10 of Chapter 110, which 
establishes PSD increments, or the maximum increases in concentrations 
of certain pollutants allowed in areas subject to the PSD program. 
Before revising Chapter 110 in July 1996, Maine used TSP as the 
indicator for particulate matter in the PSD program. After revising 
Chapter 110 on July 24, 1996, Maine began using PM10 to determine 
compliance with PSD increments as a matter of state law and continued 
using TSP to determine compliance with PSD increments under its SIP. 
This direct final rulemaking establishes PM10 as the sole indicator for 
the PSD program. Maine will continue to use PM10 to determine 
compliance with the NAAQS and MAAQS for particulate matter.

C. What Are PSD Increments?

    PSD increments are the maximum increases over a baseline 
concentration of certain air pollutants that are allowed in attainment 
areas. The PSD program allows increases in the ambient air 
concentration of a pollutant in an attainment area as long as the 
resulting total concentration does not exceed the sum of the baseline 
and increment. The sum of the baseline and increment is always smaller 
than concentration established by the NAAQS. Increments differ 
depending on the classification of an area. Class I areas, typically 
national parks, have smaller increments than Class II areas, and Class 
II areas have smaller increments than Class III areas, typically areas 
with a greater concentration of industry. There are no Class III areas 
in Maine.

D. What PSD Increments Is Maine Adopting?

    In adopting revisions to Chapter 110 on July 24, 1996, Maine made 
its Ambient Air Quality Standards identical to those established at 40 
CFR 51.166(c). By this final direct rulemaking, these revisions become 
part of the SIP and, thereby, federally enforceable. In particular, 
Class I areas are allowed an annual increment of 4 [mu]g/m\3\ and 24-
hour increment of 8 [mu]g/m\3\, Class II areas are allowed an annual 
increment of 17 [mu]g/m\3\ and 24-hour increment of 30 [mu]g/m\3\, and 
Class III areas are allowed an annual increment of 34 [mu]g/m\3\ and 
24-hour increment of 60 [mu]g/m\3\, where all annual increments are 
determined using an arithmetic, rather than geometric, annual mean.

E. Does This Action Affect the Attainment Status of Any Area in Maine?

    No. 40 CFR 81.320 lists the attainment status of all areas in Maine 
as either ``better than national standards'' or ``cannot be 
classified'' for both TSP and PM10.

[[Page 13230]]

F. Is This Action Affected by the Decision in American Trucking 
Associations, Inc. v. U.S. EPA?

    No. This action is not affected by the decision in American 
Trucking Associations, Inc. v. U.S. EPA, 175 F.3d 1027 (D.C. Cir.1999), 
rev'd on other grounds, 531 U.S. 457 (2001). The American Trucking 
decision addressed, among other things, the particulate matter rule 
promulgated by EPA in July 1997 (62 FR 38652) that established a fine 
particulates NAAQS standard and redefined the PM10 NAAQS. In its 
decision, the D.C. Circuit Court vacated the redefined PM10 standard, 
leaving the July 1987 PM10 standard intact. The PM10 standard used in 
the PSD increments approved by this rulemaking is consistent with the 
NAAQS PM10 standard left intact by American Trucking.

III. Final Action

    EPA is approving the SIP revision submitted by the State of Maine 
on August 23, 1996. EPA is publishing this action without prior 
proposal because the Agency views this rulemaking as noncontroversial 
and anticipates no adverse comments. EPA is publishing in the proposed 
rules section of this Federal Register a separate document containing a 
proposed rulemaking to approve this SIP. Should relevant adverse 
comments be filed, they will be considered comments to this separate 
proposed rulemaking. This direct final rule will be effective May 21, 
2004, without further notice unless the Agency receives relevant 
adverse comments by April 21, 2004.
    If EPA receives such comments, it 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 May 21, 2004, and no further action will be 
taken on the proposed rule. If EPA receives adverse comments on a 
section, paragraph, or other portion of this rule that may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    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 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 (Pub. L. 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 May 21, 2004. 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, Particulate matter, Reporting and recordkeeping 
requirements.


[[Page 13231]]


    Dated: February 5, 2004.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart U--Maine

0
2. Section 52.1020 is amended by adding paragraph (c)(52) to read as 
follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (52) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 23, 1996.
    (i) Incorporation by reference.
    (A) Chapter 110 of the Maine Department of Environmental Protection 
regulations, ``Ambient Air Quality Standards,'' adopted by the Board of 
Environmental Protection on July 24, 1996, and effective August 6, 
1996.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding a new entry to 
existing State citations for Chapter 110, ``Ambient Air Quality 
Standards,'' to read as follows:


Sec.  52.1031  EPA-approved Maine regulations.

* * * * *

                                                   Table 52.1031.--EPA-Approved Rules and Regulations
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                                                                               Date
           State citation                 Title/Subject      Date adopted   approved by     Federal Register       52.1020
                                                               by State         EPA             citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Chapter 110........................  Ambient Air Quality         7/24/96       3/22/04   [Insert FR citation        (c)(52)   Adopts PSD increments
                                      Standards.                                          from published date].                based on PM10, in place
                                                                                                                               of increments based on
                                                                                                                               TSP
 
                                                                     * * * * * * *
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Note.--1. The regulations are effective statewide unless stated otherwise in comments section.

[FR Doc. 04-6209 Filed 3-19-04; 8:45 am]
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