Approval and Promulgation of Air Quality Implementation Plans; Maine; Presque Isle Nonattainment Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME-5-1-5497; A-1-FRL-4883-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maine; Presque Isle Nonattainment Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing full approval of the State implementation

plan (SIP) submitted by the State of Maine to satisfy certain Federal

requirements for the Presque Isle nonattainment area. The purpose of

the Federal requirements is to bring about the attainment of the

National ambient air quality standard (NAAQS) for particulate matter

with an aerodynamic diameter less than or equal to a nominal 10

micrometers (PM-10). EPA also proposes to modify the borders of the

Presque Isle nonattainment area to more closely contain the actual area

where PM-10 concentrations approach ambient standards. EPA also

proposes to approve an update of Maine's emergency episode regulation

applicable state-wide. This action is being taken under the

Implementation Plans section of the Clean Air Act.

DATES: Comments on this proposed action must be received in writing by

July 11, 1994. Public comments on this document are requested and will

be considered before taking final action on this SIP revision.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director; Air,

Pesticides and Toxics Management Division, U.S. Environmental

Protection Agency, Region I, JFK Federal Bldg., Boston, MA 02203-2211.

Copies of the State's submittal and EPA's technical support document

are available for inspection by appointment during normal business

hours at Air, Pesticides, and Toxics Management Division; U.S.

Environmental Protection Agency, Region I; One Congress Street, 10th

floor; Boston, Massachusetts; and at the Bureau of Air Quality Control;

Department of Environmental Protection; 71 Hospital Street; Augusta,

Maine 04333.

FOR FURTHER INFORMATION CONTACT: Brian Hennessey, (617)565-3223.

SUPPLEMENTARY INFORMATION:

Background

Part D, subparts 1 and 4 of title I of the Act set out air quality

planning requirements for moderate PM-10 nonattainment areas. The EPA

has issued a ``General Preamble'' describing EPA's preliminary views on

how EPA intends to review SIP's and SIP revisions submitted under title

I of the Act, including those State submittals containing moderate PM-

10 nonattainment area SIP requirements (see generally 57 FR 13498

(April 16, 1992) and 57 FR 18070 (April 28, 1992)). Because EPA is

describing its interpretations here only in broad terms, the reader

should refer to the General Preamble for a more detailed discussion of

the interpretations of title I advanced in today's proposal and the

supporting rationale. In this rulemaking action on the Maine moderate

PM-10 SIP, EPA is proposing to apply its interpretations taking into

consideration the specific factual issues presented. Thus, before

taking final action on this proposal, EPA will consider any timely

submitted comments.

By November 15, 1991, States containing initial moderate PM-10

nonattainment areas were required to submit, among other things, the

following:

Provisions to assure that reasonably available control measures

(RACM) (including such reductions in emissions from existing sources in

the area as may be obtained through the adoption, at a minimum, of

reasonably available control technology--RACT) shall be implemented no

later than December 10, 1993;

Either a demonstration (including air quality modeling) that the

plan will provide for attainment as expeditiously as practicable but no

later than December 31, 1994 or a demonstration that attainment by that

date is impracticable;

3. Quantitative milestones which are to be achieved every 3 years

and which demonstrate reasonable further progress (RFP) toward

attainment by December 31, 1994; and

4. Provisions to assure that the control requirements applicable to

major stationary sources of PM-10 also apply to major stationary

sources of PM-10 precursors except where the Administrator determines

that such sources do not contribute significantly to PM-10 levels which

exceed the NAAQS in the area. See sections 172(c), 188, and 189 of the

Act.

Some provisions are due at a later date. States with initial

moderate PM-10 nonattainment areas were required to submit a permit

program for the construction and operation of new and modified major

stationary sources of PM-10 by June 30, 1992 [see section 189(a)]. Such

States also must submit contingency measures by November 15, 1993 which

become effective without further action by the State or EPA, upon a

determination by EPA that the area has failed to achieve RFP or to

attain the PM-10 NAAQS by the applicable statutory deadline. See

section 172(c)(9) and 57 FR 13543-13544.

Summary of Maine's SIP Submittal

Section 110(k) of the Act sets out provisions governing EPA's

review of SIP submittals (see 57 FR 13565-13566). In today's action,

EPA is proposing to grant approval of the plan revisions submitted to

EPA on August 14, 1991 and October 22, 1991, which completed the

attainment plan for Presque Isle by meeting all of the applicable

requirements of the Act. Interested parties should consult the

Technical Support Document (TSD) dated January 2, 1994 or Maine's

submission for details on the aspects of Presque Isle's SIP summarized

in the following paragraphs.

1. Procedural Background

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) of the Act provides that each implementation

plan submitted by a State must be adopted after reasonable notice and

public hearing.1 Section 110(l) of the Act similarly provides that

each revision to an implementation plan submitted by a State under the

Act must be adopted by such State after reasonable notice and public

hearing.

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\1\Also section 172(c)(7) of the Act requires that plan

provisions for nonattainment areas meet the applicable provisions of

section 110(a)(2).

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EPA also must determine whether a submittal is complete and

therefore warrants further EPA review and action (see section 110(k)(1)

and 57 FR 13565). EPA's completeness criteria for SIP submittals are

set out at 40 CFR part 51, appendix V (1991), as amended by 57 FR 42216

(August 26, 1991). The EPA attempts to make completeness determinations

within 60 days of receiving a submission. However, a submittal is

deemed complete by operation of law if a completeness determination is

not made by EPA 6 months after receipt of the submission.

The State of Maine held a public hearing on July 31, 1990 to

entertain public comment on the implementation plan proposed for

Presque Isle. Following the public hearing the plan was adopted by the

Maine Department of Environmental Protection (DEP) on March 11, 1991

and submitted to EPA on August 14, 1991 as a proposed revision to the

SIP by the Governor's designee, the Director of the Bureau of Air

Quality Control. On August 22, 1990, the State of Maine held a public

hearing on changes to its emergency episode regulation concerning PM-

10. The Maine Board of Environmental Protection adopted the revised

emergency episode regulation on October 10, 1990, and the Governor's

designee submitted it to EPA on October 22, 1991 as a proposed revision

to the SIP.

The submittals were reviewed by EPA to determine completeness, in

accordance with the criteria set out at 40 CFR part 51, appendix V

(1991), as amended by 57 FR 42216 (August 26, 1991). They were found to

be complete and a letter dated January 13, 1992, from the EPA Regional

Administrator informed the Governor's designee that the submittals had

been determined complete and explained how the review process would

proceed. In today's action EPA proposes to approve Maine's PM-10 SIP

submittal for Presque Isle and invites public comment on the action.

2. Accurate Emissions Inventory

Section 172(c)(3) of the Act requires that nonattainment plan

provisions include a comprehensive, accurate, and current inventory of

actual emissions from all sources of relevant pollutants in the

nonattainment area. The emissions inventory should also include a

comprehensive, accurate, and current inventory of allowable emissions

in the area. Because such inventories are necessary to an area's

attainment demonstration, the emissions inventories must be received

with the attainment SIP submission (see 57 FR 13539).

Maine submitted an emissions inventory for base year 1988.

Entrainment of dust by vehicular traffic over paved streets contributed

3007 tons of the base year actual PM-10 emissions, which totalled 3436

tons. Point sources contributed 171 tons, and area sources, mainly oil

combustion at industrial and commercial facilities, added 67 tons more.

EPA could not duplicate Maine's inventory of 1988 base year PM-10

emissions, but for 1989 estimated that entrained road dust contributed

2884 tons to the nonattainment area's 3163 ton actual PM-10 emission

total. Although section 172(c)(3) requires that the inventory be

``current,'' an analysis based on receptor modeling is better supported

by an inventory for the period subject to that analysis, in this case

1987-1990. EPA believes a 1989 inventory base year is a reasonable

compromise between the requirements for a current inventory and the

need to perform receptor modeling on PM-10 samples collected in earlier

years. This review satisfied EPA that Maine's inventory was

sufficiently accurate and comprehensive for determining the adequacy of

the attainment demonstration for Presque Isle consistent with the

requirements of sections 172(c)(3) and 110(a)(2)(K) of the Clean Air

Act.2 Therefore, EPA is proposing to approve the emissions

inventory. The TSD has further details.

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\2\The EPA issued guidance on PM-10 emissions inventories prior

to the enactment of the Clean Air Act Amendments in the form of the

1987 PM-10 SIP Development Guideline. The guidance provided in this

document appears to be consistent with the Act.

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3. RACM (Including RACT)

As noted, the initial moderate PM-10 nonattainment areas must

submit provisions to assure that RACM (including RACT) are implemented

no later than December 10, 1993 (see sections 172(c)(1) and

189(a)(1)(C)). The General Preamble contains a detailed discussion of

EPA's interpretation of the RACM (including RACT) requirement (see 57

FR 13539-13545 and 13560-13561).

The submission attributed highest PM-10 concentrations in Presque

Isle to the large amounts of antiskid materials which the city must use

for snow and ice control each winter. Diesel exhaust contributes to

high PM-10 in much smaller but detectable amounts. No other sources or

source categories impact high PM-10 levels.

The submission includes a memorandum of understanding (MOU) by

which the City of Presque Isle, the Maine Department of Transportation,

and DEP apply measures which will reduce the entrainment of spent

antiskid materials by vehicular traffic in central Presque Isle. At

traffic levels projected for 2001, these control measures, described in

the section on enforceability issues below, reduce allowable PM-10

emissions by 1800 tons annually. DEP determined that further control of

diesel exhaust or point source emissions would not expedite attainment

of, or maintain, PM-10 NAAQS in Presque Isle. The TSD discusses

individual source contributions more fully and explains why other

available control measures were not implemented. The implementation of

Maine's control strategy in its PM-10 nonattainment plan control

strategy provides for attainment of the PM-10 NAAQS and will maintain

compliance with standards through January 1, 1998, as EPA requires. By

this document, EPA is proposing to approve the control strategy as

meeting RACM and RACT requirements.

4. Demonstration

As noted, initial moderate PM-10 nonattainment areas must submit a

demonstration (including air quality modeling) showing that the plan

will provide for attainment as expeditiously as practicable but no

later than December 31, 1994 (see section 189(a)(1)(B) of the Act). The

Maine DEP submitted an attainment demonstration based on a

determination of PM-10 design concentrations based on 6 years of PM-10

measurements. Design concentrations lower than the NAAQS. DEP analyzed

PM-10 nonattainment in Presque Isle with a microinventory of PM-10

emissions, optical and scanning electron/energy dispersive electroprobe

microscopy of PM-10 filters, and analyses of aerometric data collected

since 1980. Version 7.0 of the Chemical Mass Balance Model (CMB7) was

the primary means by which DEP examined and modeled maintenance of the

24-hour PM-10 NAAQS, however.

The 24-hour PM-10 NAAQS is 150 micrograms per cubic meter

(g/m3), and the standard is attained when the expected

number of days per calendar year with a 24-hour average concentration

above 150 g/m3 is equal to or less than one (see 40 CFR

50.6). Based on 1986-88 data, the 24-hour design concentration for

Presque Isle was 140 g/m3. This demonstrates, and all

later data confirms, that Presque Isle is not violating the 24-hour PM-

10 NAAQS. The annual PM-10 NAAQS is attained when the expected annual

arithmetic mean concentration is less than or equal to 50 g/

m3. The annual design concentration of 27 g/m3 for

1988 demonstrates that Presque Isle is not violating the annual PM-10

NAAQS.

An analysis of DEP's CMB7 receptor modeling indicates that the

control strategy, summarized above in the section titled ``RACM

(including RACT),'' will maintain PM-10 NAAQS in Presque Isle to

January 1, 1998, area-averaged growth rates assumed. This meets the EPA

requirement for a minimum 3-year maintenance projection beyond the

statutory December 31, 1994 attainment deadline. The TSD provides more

details on EPA's review of the maintenance demonstration and the

control strategy used.

5. PM-10 Precursors

The control requirements which are applicable to major stationary

sources of PM-10, also apply to major stationary sources of PM-10

precursors unless EPA determines such sources do not contribute

significantly to PM-10 levels in excess of the NAAQS in that area (see

section 189(e) of the Act).

An analysis of air quality and emissions data for Presque Isle

demonstrates that high 24-hour PM-10 concentrations are solely

attributable to direct particulate matter emissions from entrainment of

snow and ice control materials by traffic on paved roads and from

diesel exhaust. EPA has determined that gaseous emissions, such as VOC,

SO2, and NO2, do not form PM-10 and contribute to PM-10

levels above the NAAQS in Presque Isle. Consequently, stationary

sources in Presque Isle need no further emission controls for possible

PM-10 precursors. The TSD contains a further discussion of the data and

analyses addressing the contribution of possible precursor sources in

this area.

Note that while EPA is making a general finding for this area,

today's finding is based on the current character of the area

including, for example, the existing mix of sources in the area

regarding the impact of PM-10 precursors. It is possible, therefore,

that future growth could change the significance of precursors in the

area. EPA intends to issue future guidance addressing such potential

changes in the significance of precursor emissions in an area.

6. Quantitative Milestones and Reasonable Further Progress

Section 171(1) defines reasonable further progress (RFP) as such

annual incremental reductions in emissions of the relevant air

pollutant as are required by part D or may reasonably be required by

the Administrator for the purpose of ensuring attainment of the

applicable NAAQS by the applicable date. The PM-10 nonattainment area

plan revisions demonstrating attainment must contain quantitative

milestones which are to be achieved every 3 years until the area is

redesignated attainment and which demonstrate RFP toward attainment by

December 31, 1994 (see section 189(c) of the Act).

In implementing RFP for this initial moderate area, EPA has

reviewed the attainment demonstration and control strategy for the area

to determine whether annual incremental reductions different from those

provided in the SIP should be required in order to ensure attainment of

the PM-10 NAAQS by December 31, 1994 (see section 171(1)). The State of

Maine's PM-10 SIP requires that all measures required for attainment be

fully implemented effective December 1, 1991. EPA considers this to

meet the requirement for quantitative milestones because no more

expeditious implementation schedule could be prescribed. Maine has

until early 1995 (i.e., shortly after the statutory attainment date) to

report to EPA whether Presque Isle has actually complied with its

single milestone.

7. Enforceability Issues

All measures and other elements in the SIP must be enforceable by

the State and EPA (See sections 172(c)(6), 110(a)(2)(A) and 57 FR

13556). The EPA criteria addressing the enforceability of SIP's and SIP

revisions were stated in a September 23, 1987 memorandum (with

attachments) from J. Craig Potter, Assistant Administrator for Air and

Radiation, et al. (see 57 FR 13541). Nonattainment area plan provisions

must also contain a program that provides for enforcement of the

control measures and other elements in the SIP (see section

110(a)(2)(C)).

The particular control measures contained in the SIP are addressed

above under the section headed ``RACM (including RACT).'' These control

measures apply exclusively to the entrainment of spent snow and ice

control materials from public paved roads in central Presque Isle.

Under part B of a memorandum of understanding (MOU) which DEP entered

into on March 11, 1991, with the City of Presque Isle and the Maine

Department of Transportation, the city must use improved (i.e., low

entrainment) antiskid materials on its roads. As noted previously, the

MOU is included in DEP's submission and will be incorporated into the

SIP. Between December 1 and May 1 each year, as a surrogate for PM-10

emission limitations, the city must also maintain silt loadings on dry

roads below 10 g/m2. Part B lists the streets where these

requirements apply. DEP or EPA may require Presque Isle to test

antiskid material stockpiles by methods prescribed in Part B, keep

records, and report records and test results. Part B also specifies the

method DEP must use to determine compliance by the city with the silt

loading limit.

Consistent with the attainment demonstration described above, the

MOU requires that all affected activities must be in full compliance

with the applicable SIP provisions by December 1, 1991. In addition to

the applicable control measures, this includes the applicable record-

keeping requirements which are addressed in the supporting technical

information. With the compliance methods prescribed, EPA believes that

the requirements in part B of the MOU will be achievable by the city

and enforceable by either EPA or DEP. Moreover, DEP has a regional

office in Presque Isle and its personnel can ensure that all

signatories meet their obligations under the MOU. Appendix B to EPA's

TSD examines the enforceability of Presque Isle's PM-10 SIP in greater

detail and refers interested parties to salient sections of Maine's

submittal.

8. Contingency Measures

As provided in section 172(c)(9) of the Act, all moderate

nonattainment area SIP's that demonstrate attainment must include

contingency measures. See generally 57 FR 13543-14544. These measures

must be submitted by November 15, 1993 for the initial moderate

nonattainment areas. Contingency measures should consist of other

available measures that are not part of the area's control strategy.

These measures must take effect without further action by the State or

EPA, upon a determination by EPA that the area has failed to make RFP

or attain the PM-10 NAAQS by the applicable statutory deadline.

As noted above, EPA indicated that States containing initial

moderate nonattainment areas, including Maine, did not need to submit

the contingency measures required under 172(c)(9) until November 15,

1993 (see 57 FR 13543 (April 16, 1992)). DEP's SIP submission for the

Presque Isle nonattainment area contained no contingency measures.

There is nothing else in the Act nor in the actions that are subject to

this document that relieves Maine of the statutory obligation to meet

the contingency measures requirement. On January 26, 1994, EPA sent

Maine a formal finding of failure to submit PM-10 contingency measures

for the Presque Isle nonattainment area. Maine will be providing

contingency measures, pursuant to section 172(c)(9), in a separate

submittal. EPA will act on this requirement in a separate document.

9. Other Section 110 Requirements

DEP has also revised its Chapter 109 ``Emergency Episode

Regulation.'' The regulation now contains the PM-10 alert, warning and

emergency levels that appear in EPA's ``Example Regulations for

Prevention of Air Pollution Emergency Episodes'' (appendix L to part

51). The regulation continues to apply statewide and with its adoption

DEP has met all section 110 requirements that currently apply to the

Presque Isle PM-10 nonattainment area.

10. Boundaries of the Nonattainment Area

If a State makes a persuasive demonstration (SIP equivalent) over

the proper scope of a disputed nonattainment area designation, EPA will

consider whether it would be appropriate to correct the error relying

on the authority in section 110(k)(6) of the Act. (See 56 FR 37656 (8

August 1991).) DEP's SIP submission includes a request that EPA replace

the present borders of the nonattainment area, which consist of

township boundaries enclosing 80 square miles, with borders which are

comprised of a series of streets bounding an area of roughly 0.6 square

mile. The attainment demonstration in Presque Isle's PM-10 SIP

supplants past DEP submittals on the spatial extent of elevated PM-10

levels in Presque Isle. The modeling in the SIP submittal includes a

detailed, gridded PM-10 microinventory and shows that the 0.6 square

mile area mentioned above circumscribes the area of high emission

densities and ambient PM-10 levels. Since Presque Isle is not actually

violating the PM-10 NAAQS, EPA believes it is appropriate to redefine

the nonattainment area as comprising just that area containing those

heavily trafficked paved roads, which are shown to dominate PM-10 air

quality in downtown Presque Isle, and which the MOU will control.

Therefore, pursuant to section 110(k)(6) of the Act, EPA is proposing

to modify the boundaries of the Presque Isle nonattainment area as DEP

requests.

Implications of EPA's Proposed Approval

The EPA is proposing to approve the plan revisions submitted to EPA

for the Presque Isle nonattainment area on August 14, 1991, and the

updated emergency episode requirements applicable statewide submitted

on October 10, 1991. EPA also proposes to alter the boundaries of the

Presque Isle PM-10 nonattainment area as requested by DEP. Among other

things, the State of Maine has demonstrated that the Presque Isle

moderate PM-10 nonattainment area will achieve compliance with the PM-

10 NAAQS by December 31, 1994 and maintain compliance at least until 1

January 1998. As noted, additional submittals for the Presque Isle

nonattainment area are due at later dates. The EPA will determine the

adequacy of any such submittal as appropriate.

Request for Public Comments

The EPA is requesting comments on all aspects of today's proposal.

EPA will consider any written comments received by July 11, 1994 at the

Region I office listed in the ADDRESSES section of this document.

Under 5 U.S.C. 605(b), I certify that this SIP revision will not

have a significant economic impact on a substantial number of small

entities. (See 46 FR 8709.)

This action has been classified as a Table 1 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225).

Under 5 U.S.C. 605(b), the Administrator certifies that SIP

approvals under sections 107, 110 and 172 of the Clean Air Act will not

have a significant economic impact on a substantial number of small

entities. SIP approvals (or redesignations) do not create any new

requirements but simply approve requirements that are already State

law. SIP approvals (or redesignations), therefore, do not add any

additional requirements for small entities. Moreover, due to the nature

of the Federal-State relationship under the Clean Air Act, preparation

of a flexibility analysis for a SIP approval would constitute Federal

inquiry into the economic reasonableness of the State actions. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds.

The Office of Management and Budget has exempted this action from

the requirements of section 6 of Executive Order 12866.

The Administrator's decision to approve or disapprove the SIP

revision will be based on whether it meets the requirements ofsection

110(a)(2)(A)-(K) and 110(a)(3) of the Clean Air Act, as amended, and

EPA regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Particulate matter, Reporting and recordkeeping

requirements.

Authority: 42 U.S.C. 7401-7671q.

Dated: February 25, 1994.

Harley Laing,

Acting Regional Administrator, Region I.

[FR Doc. 94-11274 Filed 5-9-94; 8:45 am]

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