[Federal Register: March 22, 2004 (Volume 69, Number 55)]
[Rules and Regulations]
[Page 13227-13231]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr04-9]
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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, cohen.ian@epa.gov.
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
brown.dan@epa.gov, 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.
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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
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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.
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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
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* * * * * * *
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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