[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5097-5101]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2007-0963; A-1-FRL-8522-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Ozone Maintenance Plans
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, that includes four separate
8-hour ozone maintenance plans. The Clean Air Act requires that areas
that are designated attainment for the 8-hour ozone standard, and also
had been previously designated either nonattainment or maintenance for
the 1-hour ozone standard, develop a plan showing how the state will
maintain the ozone standard for the area. Maine's maintenance plans
include an emissions inventory, a plan for how the state will
demonstrate and track progress of continued maintenance of the
standard, a commitment to continue ozone monitoring, and a contingency
plan that
[[Page 5098]]
will ensure that any violation of the 8-hour ozone standard is promptly
addressed. The intended effect of this action is to approve these four
maintenance plans into the Maine SIP. This action is being taken under
the Clean Air Act.
DATES: This direct final rule will be effective March 31, 2008, unless
EPA receives adverse comments by February 28, 2008. 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: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2007-0963 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: arnold.anne@epa.gov
3. Fax: (617) 918-0047. Mail: ``Docket Identification Number EPA-
R01-OAR-2007-0963,'' Anne Arnold, U.S. Environmental Protection Agency,
EPA New England Regional Office, One Congress Street, Suite 1100 (mail
code CAQ), Boston, MA 02114-2023.
4. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, 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 legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2007-0963. 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://www.regulations.gov, 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 through http://www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
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 http://www.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, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. 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 http://www.regulations.gov or
in hard copy at 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
legal holidays.
In addition, 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 Tyson Building, Augusta Mental Health Institute Complex, Augusta,
ME 04333-0017.
FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA
02114-2023, telephone number (617) 918-1664, fax number (617) 918-0664,
e-mail Burkhart.Richard@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. What Action Is EPA Taking?
II. What Is a Section 110(a)(1) Maintenance Plan?
III. How Has Maine Addressed the Components of a Section 110(a)(1)
8-Hour Ozone Maintenance Plan?
IV. Final Action
V. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maine on August 7, 2006. The SIP revision
consists of the Clean Air Act (CAA or Act) Section 110(a)(1) 8-hour
ozone maintenance plans for four areas in Maine. Maine held a public
hearing on the proposed SIP revision on July 6, 2006. The maintenance
plans demonstrate how the state intends to maintain the 8-hour National
Ambient Air Quality Standard (NAAQS) for ozone. These plans replace the
existing ozone maintenance plan for the former Hancock and Waldo
Counties 1-hour marginal ozone nonattainment area. That plan had been
included as part of the redesignation request for this area as required
under 175A of the Clean Air Act. (See 62 FR 9081; February 28, 1997.)
Maine has four areas that are required to submit a CAA Section
110(a)(1) maintenance plan. This requirement applies to areas that are
designated as attainment/unclassifiable for the 8-hour ozone standard
and also had a designation of either nonattainment or attainment with
an approved maintenance plan for the 1-hour ozone standard as of June
15, 2004 (the effective date of the 8-hour ozone standard designation
for these areas).\1\ In Maine, these areas are:
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\1\ See 69 FR 23857.
Area 1--Portions of York and Cumberland Counties;
Area 2--Portions of Androscoggin and all of Kennebec County;
Area 3--Portions of Knox and Lincoln Counties; and
Area 4--Portions of Hancock and Waldo Counties.
The exact cites and towns in these areas are listed in the
Technical Support Document (TSD) for this action, and in the Maine
submittal. The TSD and Maine's submittal are available in the docket
for this action or from the contact listed in the FOR FURTHER
INFORMATION CONTACT section of this action.
II. What Is a Section 110(a)(1) Maintenance Plan?
Section 110(a)(1) of the CAA requires, in part, that states submit
to EPA plans to maintain any NAAQS promulgated
[[Page 5099]]
by EPA. EPA interprets this provision to require that areas that were
either nonattainment or maintenance areas for the 1-hour ozone NAAQS,
but attainment for the 8-hour ozone NAAQS, submit a plan to demonstrate
the continued maintenance of the 8-hour ozone NAAQS. EPA established
June 15, 2007, three years after the effective date of the initial 8-
hour ozone designations, as the deadline for submission of plans for
these areas.
On May 20, 2005, EPA issued guidance \2\ that applies, in part, to
areas that are designated attainment/unclassifiable for the 8-hour
ozone standard and either have an approved 1-hour ozone maintenance
plan or were designated nonattainment of the 1-hour ozone standard. The
purpose of the guidance is to assist the states in the development of a
SIP which addresses the maintenance requirements found in Section
110(a)(1) of the CAA. There are five components of a Section 110(a)(1)
maintenance plan which are: (1) An attainment inventory, which is based
on actual typical summer day emissions of volatile organic compounds
(VOCs) and oxides of nitrogen (NOX) for a ten-year period
from a base year as chosen by the state; (2) a maintenance
demonstration which shows how the area will remain in compliance with
the 8-hour ozone standard for 10 years after the effective date of
designations (June 15, 2004); (3) a commitment to continue to operate
air quality monitors; (4) a contingency plan that will ensure that a
violation of the 8-hour ozone NAAQS is promptly addressed; and (5) an
explanation of how the state will track the progress of the maintenance
plan.
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\2\ ``Maintenance Plan Guidance Document for Certain 8-hour
Ozone Areas Under Section 110(a)(1) of Clean Air Act,'' EPA
memorandum dated May 20, 2005, from Lydia Wegman to Air Division
Directors.
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III. How Has Maine Addressed the Components of a Section 110(a)(1) 8-
Hour Ozone Maintenance Plan?
EPA has determined that the ME DEP (Maine Department of
Environmental Protection) 8-hour ozone maintenance plans address all of
the necessary components of a Section 110(a)(1) 8-hour ozone
maintenance plan as discussed below.
A. Emissions Inventory: An emissions inventory is an itemized list
of emission estimates for sources of air pollution in a given area for
a specified time period. ME DEP has provided a comprehensive and
current emissions inventory for ozone precursors (NOX and
VOCs) in the four areas. ME DEP uses 2002 as the base year from which
it projects emissions. The submittal also includes an explanation of
the methodology used for determining the anthropogenic emissions
(point, area, and mobile sources) in the maintenance areas. The
inventory is based on emissions for a typical ozone season day. The
term ``typical'' refers to emissions expected on a typical weekday
during the months where ozone concentrations are typically the highest.
B. Maintenance Demonstration and Tracking Progress: With regard to
demonstrating continued maintenance of the 8-hour ozone standard, ME
DEP projects that the total emissions from the four maintenance areas
will decrease during the ten-year maintenance period. ME DEP has
projected emissions from 2002 until 2016. The projected trend in
emissions is downward. This clearly demonstrates that the 8-hour ozone
standard will be maintained for the ten year period between 2004 and
2014, which is the required test, even though a specific inventory was
not prepared for 2014.
Tables 1 through 4 show the total VOC and NOX emissions
for each of the four maintenance areas in Maine for the base year
(2002), an interim year (2009), and a final year (2016).\3\ More
detailed emissions tables can be found in the TSD for this action and
the ME DEP submittal. The trend in emissions is downward, for each
pollutant, in each area. As such, the plan demonstrates that, from an
emissions projections standpoint, emissions are projected to decrease.
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\3\ It should be noted that the emissions shown in these tables
are for the entire two counties named, rather than the somewhat
smaller maintenance area, due to the difficulty of parsing out
inventory data to a sub-county basis. This difference is not
considered significant, and does not affect the downward trend shown
in the emissions.
Table 1.--Maintenance Area 1--York and Cumberland County
[Emissions expressed in tons per summer week day]
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Year 2002 VOC 2002 NOX 2009 VOC 2009 NOX 2016 VOC 2016 NOX
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Total................................... 80.191 83.495 65.290 53.028 62.092 36.499
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Table 2.--Maintenance Area 2--Androscoggin and Kennebec County
[Emissions expressed in tons per summer week day]
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Year 2002 VOC 2002 NOX 2009 VOC 2009 NOX 2016 VOC 2016 NOX
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Total................................... 31.820 32.322 25.430 21.042 23.405 13.608
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Table 3.--Maintenance Area 3--Knox and Lincoln County
[Emissions expressed in tons per summer week day]
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Year 2002 VOC 2002 NOX 2009 VOC 2009 NOX 2016 VOC 2016 NOX
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Total................................... 18.417 18.128 15.827 13.393 15.060 11.661
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[[Page 5100]]
Table 4.--Maintenance Area 4--Hancock and Waldo County
[Emissions expressed in tons per summer week day]
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Year 2002 VOC 2002 NOX 2009 VOC 2009 NOX 2016 VOC 2016 NOX
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Total................................... 24.034 18.355 18.887 11.103 17.143 7.426
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It is important to note that the formation of ozone is dependent on
a number of variables which cannot be estimated using only emissions
growth and reduction calculations. These variables include, among
others, weather and the transport of ozone precursors from outside the
maintenance area. In its submittal, ME DEP has indicated that the state
will track the progress of the maintenance plans by updating the
emissions inventory for the four areas approximately every three years.
The emissions inventory update will include point, area, and mobile
source emissions. Information from these future updates will be
compared with the 2002 inventory data to track maintenance of the
standard.
C. Ambient Monitoring: With regard to the ambient air monitoring
component of a maintenance plan, Maine's submittal describes the ozone
monitoring network in Maine and commits to continue operating air
quality monitors in accordance with 40 CFR Part 58 to verify
maintenance of the 8-hour ozone standard. If any changes to the
monitoring locations become necessary, Maine commits to working with
EPA to ensure that the adequacy of the monitoring network is
maintained. Based on ozone data from 2006, all of Maine meets the 8-
hour ozone standard. Furthermore, preliminary ozone data for 2007 shows
that all of Maine continues to meet this standard.
D. Contingency Measures: EPA interprets Section 110(a)(1) of the
CAA to require that the state develop a contingency plan that will
ensure that any violation of a NAAQS is promptly corrected. Therefore,
as required by Section 110(a)(1) of the Act, Maine has listed possible
contingency measures in the event of a future ozone air quality
problem. At the conclusion of each ozone season, the Maine DEP will
evaluate whether the design value for each of the maintenance areas
meets the 8-hour ozone standard.\4\ If the design value for an area
does not meet the standard, the DEP will evaluate the potential causes
of this design value increase. The DEP will examine whether this
increase is due to an increase in local in-state emissions or an
increase in upwind out-of-state emissions. If an increase in in-state
emissions is determined to be a contributing factor to the design value
increase, Maine will evaluate the projected in-state emissions for the
relevant maintenance area for the ozone season in the following year.
If in-state emissions are not expected to satisfactorily decrease in
the following ozone season in order to mitigate the violation, Maine
will implement one or more of the contingency measures listed in the
submittal, or substitute a new VOC or NOX control measures
to achieve additional in-state emission reductions. The contingency
measures(s) will be selected by the Governor, or the Governor's
designee, within 6 months of the end of the ozone season for which
contingency measures have been determined necessary. Further details on
the types of possible control measures to be used as contingencies can
be found in the TSD and the Maine submittal. Maine's submittal
satisfies EPA's contingency measure requirements.
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\4\ The design value at an ozone monitor is the 3-year average
annual fourth-highest daily maximum 8-hour average ozone
concentration measured at that monitor. The design value for an area
is the highest design value recorded at any monitor in the area.
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IV. Final Action
EPA is approving into the Maine SIP the Clean Air Act Section
110(a)(1) 8-hour ozone maintenance plans for the four areas in Maine
that are required to have such plans. These areas are: Portions of York
and Cumberland Counties; portions of Androscoggin and all of Kennebec
County; portions of Knox and Lincoln Counties; and portions of Hancock
and Waldo Counties.
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 March
31, 2008 without further notice unless the Agency receives relevant
adverse comments by February 28, 2008.
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. All 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 March 31, 2008 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision 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.
V. 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
[[Page 5101]]
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 approves a state rule
implementing a Federal standard.
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. section 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 March 31, 2008. 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, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: January 16, 2008.
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 52.1023 is amended by adding paragraph (i) to read as
follows:
Sec. 52.1023 Control strategy: Ozone.
* * * * *
(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone
maintenance plans in the four areas of the state required to have a
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air
Quality Standard. These areas are as follows: portions of York and
Cumberland Counties; portions of Androscoggin County and all of
Kennebec County; portions of Knox and Lincoln Counties; and portions of
Hancock and Waldo Counties. These maintenance plans were submitted to
EPA on August 3, 2006.
[FR Doc. E8-1416 Filed 1-28-08; 8:45 am]
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