[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Rules and Regulations]
[Pages 30373-30376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10508]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R01-OAR-2005-ME-0002; A-1-FRL-7915-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Smaller-Scale Electric Generating Resources

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 requirements 
to reduce emissions of nitrogen oxides (NOX), sulfur dioxide 
(SO2), particulate matter (PM), and carbon monoxide (CO) 
from smaller-scale electric generating units. The intended effect of 
this action is to approve these requirements into the Maine SIP. EPA is 
taking this action

[[Page 30374]]

in accordance with the Clean Air Act (CAA).

DATES: This direct final rule will be effective July 25, 2005, unless 
EPA receives adverse comments by June 27, 2005. If EPA receives adverse 
comments, the Agency 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number R01-OAR-2005-ME-0002 by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ Regional Material 
in EDocket (RME), EPA's electronic public docket and comment system, is 
EPA's preferred method for receiving comments. Once in the system, 
select ``quick search,'' then key in the appropriate RME Docket 
identification number. Follow the on-line instructions for submitting 
comments.
    3. E-mail: [email protected].
    4. Fax: (617) 918-0661.
    5. Mail: ``RME ID Number R01-OAR-2004-ME-003'' David Conroy, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    6. Hand Delivery or Courier. Deliver your comments to: David 
Conroy, Unit Manager, Air Quality Planning, Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, 11th floor, (CAQ), 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.
    Instructions: Direct your comments to Regional Material in EDocket 
(RME) ID Number R01-OAR-2005-ME-0002. EPA's policy is that all comments 
received will be included in the public docket without change and may 
be made available online at http://docket.epa.gov/rmepub/, including 
any personal information provided, unless the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through Regional Material in EDocket (RME), regulations.gov, or e-mail. 
The EPA RME Web site and the Federal regulations.gov Web site are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, or any form of encryption, and be free 
of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
Regional Material in EDocket (RME) index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly 
available, i.e., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically in RME or in hard copy 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.

FOR FURTHER INFORMATION CONTACT: Christine Sansevero, Air Quality 
Planning Unit, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 
02114-2023, (617) 918-1699, [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

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

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, 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 Bureau of Air 
Quality Control, Department of Environmental Protection, First Floor of 
the Tyson Building, Augusta Mental Health Institute Complex, Augusta, 
ME 04333-0017.

II. Rulemaking Information

    This section is organized as follows:

A. What action is EPA taking?
B. What are the requirements of Maine's new regulation?
C. Why is EPA approving Maine's regulation?
D. What is the process for EPA to approve this SIP revision?

A. What Action Is EPA Taking?

    EPA is approving Maine's Chapter 148, ``Emissions from Smaller-
Scale Electric Generating Resources,'' and incorporating this 
regulation into the Maine SIP.

B. What Are the Requirements of Maine's New Regulation?

    Chapter 148, ``Emissions from Smaller-Scale Electric Generating 
Resources,'' includes emissions standards for small electric generating 
facilities with a capacity equal to or greater than 50 kilowatts 
installed on or after January 1, 2005. Chapter 148 specifies emission 
standards for NOX, PM, and CO. Table 1 summarizes the 
emission standards (in pounds per megawatt hour-lbs/MWhr) for non-
emergency generators.

                            Table 1.--Emission Standards for Non-Emergency Generators
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           Timeline                        NOX                         PM                          CO
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Installed on or after January  4.0 lbs/MWhr..............  0.7 lbs/MWhr..............  10.0 lbs/MWhr.
 1, 2005.

[[Page 30375]]

 
Installed on or after January  1.5 lbs/MWhr..............  0.07 lbs/MWhr.............  2.0 lbs/MWhr.
 1, 2009.
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    In addition, effective August 9, 2004, all diesel generators 
subject to Chapter 148 must be fueled with firing fuel with a sulfur 
content of less than 500 parts per million. Beginning June 1, 2010, all 
diesel-powered generators must be fueled with firing fuel with a sulfur 
content of less than 15 parts per million. Emergency generators are 
required to meet the emission standards established by EPA for non-road 
engines. The rule also includes the appropriate certification, 
registration, and recordkeeping requirements to ensure compliance with 
the specified emission standards and fuel sulfur limits.

C. Why Is EPA Approving Maine's Regulation?

    EPA has evaluated Maine's Chapter 148 and has found that this 
regulation creates new emission standards for a previously unregulated 
source category. The requirements of the rule are based in large part 
on the Regulatory Assistance Project (RAP) model rule for smaller-scale 
electric generating resources. The RAP, a non-profit organization 
formed in 1992 by former utility regulators, provides research, 
analysis, and educational assistance to public officials on electric 
utility regulation. The RAP has developed a model rule for smaller-
scale electric generation facilities (see Regulatory Assistance Project 
Issues Letter ``Model Regulations for the Output of Specified Air 
Emissions from Smaller-Scale Electric Generation Resources,'' July 
2003). Connecticut adopted a regulation for smaller-scale electric 
generators that is based on the RAP model rule. The Connecticut rule 
became effective on January 1, 2005. Massachusetts has proposed and is 
in the process of finalizing a rule for smaller-scale electric 
generators based on the RAP model rule.
    Maine's Chapter 148 includes both the first and second phase of 
emission standards outlined in the RAP model rule. Maine adopted the 
NOX standards for ozone attainment areas outlined in the RAP 
model rule. The RAP model rule includes a third, more stringent, phase 
of standards as well as NOX standards for non-attainment 
areas, which Maine did not include in Chapter 148. The specific 
requirements of the regulation and EPA's evaluation of these 
requirements are detailed in a memorandum dated March 1, 2005, entitled 
``Technical Support Document--Maine--Smaller-Scale Electric Generating 
Resources Regulation'' (TSD). The TSD and Maine's Chapter 148 are 
available in the docket supporting this action.
    Maine is not submitting Chapter 148 to meet any requirements under 
the Clean Air Act. EPA is approving Chapter 148 because it will 
strengthen Maine's SIP. If Maine elects to rely on Chapter 148 in a 
future control strategy SIP (e.g., a rate of progress plan or an 
attainment demonstration), the rule will become a control measure 
required under the Clean Air Act for purposes of that control strategy 
SIP.

D. What Is the Process for EPA To Approve This SIP Revision?

    The EPA is publishing this rule 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 
adverse comments be filed. This action will be effective July 25, 2005 
without further notice unless the EPA receives adverse comments by June 
27, 2005.
    If the EPA receives such comments, then EPA will publish a document 
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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on July 25, 2005, and no 
further action will be taken on the proposed rule.

III. Final Action

    EPA is approving Maine's Chapter 148, ``Emission Standards for 
Smaller-Scale Electric Generating Resources'' and incorporating this 
regulation into the Maine SIP.

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

[[Page 30376]]

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 July 25, 2005. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements.

    Dated: May 9, 2005.
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)(55) to read as 
follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (55) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 29, 2004.
    (i) Incorporation by reference.
    (A) Chapter 148 of the Maine Department of Environmental Protection 
Regulations, ``Emissions from Smaller-Scale Electric Generating 
Resources'' effective in the State of Maine on August 9, 2004.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding a new state 
citation, 148, to read as follows:


Sec.  52.1031  EPA--approved Maine regulations.

* * * * *

                                                                       Table 52.1031.--EPA-Approved Rules and Regulations
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                                                                                 Date adopted    Date approved
        State citation                          Title/Subject                      by State         by EPA                 Federal Register citation                52.1020
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                                                                                          * * * * * * *
148..........................  Emissions from Smaller-Scale Electric                   7/15/04         5/26/05  [Insert FR citation from published date]......  (c)(55)........
                                Generating Resources.
 
                                                                                          * * * * * * *
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    Note. --1. The regulations are effective statewide unless stated 
otherwise in comments section.

[FR Doc. 05-10508 Filed 5-25-05; 8:45 am]
BILLING CODE 6560-50-P