Approval and Promulgation of Implementation Plans; Maine; NOINFX Exemption Request for Northern Maine and NOINFX Control Approval

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ME26-1-7263b; FRL-5345-8]

Approval and Promulgation of Implementation Plans; Maine;

NOX Exemption Request for Northern Maine and NOX Control

Approval

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is approving, through direct final rulemaking

procedures, a limited exemption request from the requirements contained

in Section 182(f) of the Clean Air Act (Act) for the Northern Maine

area (specifically, Oxford, Franklin, Somerset, Piscataquis, Penobscot,

Washington, Aroostook, Hancock and Waldo Counties). These 9 counties,

as with the rest of the State of Maine, are part of the Ozone Transport

Region (OTR) as provided for in section 184(a) of the Clean Air Act.

Section 182(f) in combination with section 184 (relating to ozone

transport regions) of the Act requires States in the OTR, such as

Maine, to adopt reasonably available control technology (RACT) rules

for major stationary sources of nitrogen oxides (NOX) and to

provide for nonattainment area new source review (NSR) for new sources

and modifications that are major for NOX. This exemption request,

submitted by the State of Maine on September 7, 1995, is based on a

demonstration that NOX emissions in this 9 county area are not

impacting Maine's moderate nonattainment areas or other nonattainment

areas in the Ozone Transport Region (OTR) during times when elevated

ozone levels are monitored in those areas. As such, additional

reductions in NOX emissions from these 9 counties beyond what the

State regulations would provide for are not necessary for attainment in

these areas, and, because they do not contribute to the ozone problem

anywhere in the OTR, are also not necessary for purposes of showing

future attainment for any other area in the OTR. Thus, as provided for

in section 182(f)(2), additional NOX reductions in these areas

would constitute excess reductions that can be waived under the Clean

Air Act. Maine has requested that EPA combine its approval of this

NOX exemption with its approval of NOX controls for existing

sources in Northern Maine that were submitted to EPA on August 5, 1994

for purposes of meeting the Act's NOX RACT requirements.

Consequently, this action approves a full exemption from nonattainment

NSR requirements for NOX, but only a limited exemption from

NOX control measures for existing sources that would go beyond

what the State regulations provide for.

In the Final Rules Section of this Federal Register, EPA is

approving this exemption request and limited NOX controls for this

area as a direct final rule without prior proposal. A detailed

rationale for the approval is set forth in the direct final rule. This

direct final rule also includes EPA's response to several comments

submitted by groups on past NOX exemption requests. If no

additional adverse comments are received in response to the direct

final rule, no further activity is contemplated in relation to this

proposed rule. If EPA receives adverse comments, the direct final rule

will be withdrawn and all public comments received will be addressed in

a subsequent final rule based on this proposed rule. EPA will not

institute a second comment period on this action. Any parties

interested in commenting on this action should do so at this time.

DATES: Comments on this action must be received by January 25, 1996.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,

Office of Ecosystem Protection, U.S. Environmental Protection Agency,

Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State

submittal and EPA's technical support document are available for public

inspection during normal business hours, by appointment at the Office

of Ecosystem Protection, U.S. Environmental Protection Agency, Region

I, One Congress Street, 10th floor, Boston, MA and the Bureau of Air

Quality Control, Department of Environmental Protection, 71 Hospital

Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, Environmental

Engineer, Air Quality Planning (ATS), United States Environmental

Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203.

(617) 565-4874.

SUPPLEMENTARY INFORMATION: For additional information see the direct

final rule published in the Rules Section of this Federal Register.

Authority: 42 U.S.C. 4201-7601q

Dated: December 1, 1995.

Carol M. Browner,

Administrator.

[FR Doc. 95-31035 Filed 12-22-95; 8:45 am]

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