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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[ME-5-1-6684; A-1-FRL-5127-1]

Approval and Promulgation of Air Quality Implementation Plans;

Maine; Presque Isle Attainment Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to 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 (PM10). In addition, EPA is modifying the borders of the

Presque Isle nonattainment area to more closely contain the actual area

where PM10 concentrations approach ambient standards. EPA also is

approving an update of Maine's emergency episode regulation applicable

statewide. This action is being taken under the Implementation Plans

Section of the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on February 13, 1995.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection by appointment during normal business

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

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

floor, Boston, MA 02203; the Air and Radiation Docket and Information

Center, U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-

131), Washington, DC 20460; and the Bureau of Air Quality Control,

Department of Environmental Protection, 71 Hospital Street, Augusta, ME

04333.

[[Page 2886]] FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns,

(617) 565-4982.

SUPPLEMENTARY INFORMATION: On May 10, 1994 (59 FR 24096-24100), EPA

published a Notice of Proposed Rulemaking (NPR) for the State of Maine.

The NPR proposed approval of Presque Isle's PM10 attainment plan which

Maine submitted as a formal SIP revision on August 14, 1991. This

submittal also included a request to modify the borders of the Presque

Isle nonattainment area. In addition, Maine submitted revisions to the

emergency episode regulations on October 22, 1991. These submittals

complete the attainment plan for Presque Isle by meeting the applicable

requirements--which were due to EPA by November 15, 1991--to

demonstrate attainment of the PM10 NAAQS by December 31, 1994 and

maintenance of that standard for three years beyond that. These

requirements are outlined in Part D, Subparts 1 and 4 of the Act and

elaborated upon in EPA's ``General Preamble for the Implementation of

Title I of the Clean Air Act'' [see generally 57 FR 13498 (April 16,

1992) and 57 FR 18070 (April 28, 1992)]. Specific requirements and the

rationale for EPA's proposed action are detailed and explained in the

NPR and will not be restated here. No public comments were received on

the NPR. Interested parties should consult the NPR, the Technical

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

details on the aspects of the Presque Isle SIP.

Maine's SIP Revision

The PM10 control measures contained in the SIP are embodied in Part

B of a memorandum of understanding (MOU) which the Maine Department of

Environmental Protection (DEP) entered into on March 11, 1991, with the

City of Presque Isle and the Maine Department of Transportation. This

MOU is included in Maine's submission, will be approved into the SIP,

and therefore becomes enforceable by EPA. Under the MOU, the city must

use improved (i.e., low entrainment) antiskid materials on its roads.

Between December 1 and May 1 each year, as a surrogate for PM10

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.

DEP has also revised its Chapter 109 ``Emergency Episode

Regulation.'' The regulation now contains the PM10 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 PM10 nonattainment area.

Lastly, DEP's submission includes a request that EPA change the

present borders of the nonattainment area. The present nonattainment

area consists of township boundaries enclosing 80 square miles. The new

area will comprise a series of streets bounding an area of roughly 0.6

square miles. EPA believes it is appropriate because these new borders

more closely contain the actual area where PM10 concentrations approach

ambient standards.

Final Action

The EPA is approving the plan revisions submitted to EPA for the

Presque Isle nonattainment area on August 14, 1991. These revisions

include Part B of a memorandum of understanding which DEP entered into

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

Transportation. This MOU imposes RACM. In addition these revisions to

the SIP include an update to Chapter 109, ``Emergency Episode

Regulations,'' effective and applicable statewide on September 16,

1991. EPA is also altering the boundaries of the Presque Isle PM10

nonattainment area, as requested by DEP, to more closely contain the

actual area where PM10 concentrations approach ambient standards. Among

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

moderate PM10 nonattainment area will attain the PM10 NAAQS by December

31, 1994 and maintain air quality levels below the NAAQS at least until

January 1, 1998.

As noted in the NPR, contingency measures for the Presque Isle

nonattainment area were not due to EPA until November 15, 1993. Maine

submitted this attainment plan to EPA on August 14, 1991 and

contingency measures were not a part of the attainment plan. On June 1,

1994, Maine submitted to EPA a request to redesignate Presque Isle to

attainment; this redesignation request included the contingency

measures required both of the initial moderate PM10 nonattainment areas

and for redesignation. EPA is processing this attainment plan and the

recently submitted redesignation request (including the contingency

measures) in separate rulemaking notices. EPA will determine the

adequacy of any such submittal as appropriate and act on those

submittals in separate actions.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410 (a)(2).

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. A future notice will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of

section 3 of Executive Order 12291 for a period of two years. The U.S.

EPA has submitted a request for a permanent waiver for Table 2 and

Table 3 SIP revisions. The OMB has agreed to continue the waiver until

such time as it rules on U.S. EPA's request. This request continues in

effect under Executive Order 12866 which superseded Executive Order

12291 on September 30, 1993.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan. Each request for revision to

the State implementation plan shall be considered separately in

[[Page 2887]] light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

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 13, 1995. 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

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Particulate matter, Reporting

and recordkeeping requirements.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Note: Incorporation by reference of the State Implementation

Plan for the State of Maine was approved by the Director of the

Federal Register on July 1, 1982.

Dated: December 4, 1994.

John P. DeVillars,

Regional Administrator, Region I.

Parts 52 and 81 of chapter I, title 40 of the Code of Federal

Regulations are amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

2. Section 52.1020 is amended by adding paragraph (c)(28) to read

as follows:

Sec. 52.1020 Identification of plan.

* * * * *

(c) * * *

(28) Revisions to the State Implementation Plan submitted by the

Maine Department of Environmental Protection on August 14 and October

22, 1991.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection

dated August 14 and October 22, 1991 submitting revisions to the Maine

State Implementation Plan.

(B) Revisions to Chapter 109 of the Maine Department of

Environmental Protection Regulations, ``Emergency Episode

Regulations,'' effective in the State of Maine on September 16, 1991.

(C) Part B of the Memorandum of Understanding which the Maine

Department of Environmental Protection (DEP) entered into (and

effective) on March 11, 1991, with the City of Presque Isle, and the

Maine Department of Transportation.

(ii) Additional materials.

(A) An attainment plan and demonstration which outlines Maine's

control strategy for attainment of the PM10 NAAQS and implements and

meets RACM and RACT requirements for Presque Isle.

(B) Nonregulatory portions of the submittal.

* * * * *

3. In Sec. 52.1031 table 52.1031 is amended by adding a new

citation to entry ``109'' 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 adopted by Date approved by EPA Federal Register 52.1020 Comments

state citation

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* * * * * * *

109................. Emergency Episode 8/14/91 Jan. 12, 1995........... [Insert FR citation (c)28........... Revisions which

Regulation. from published date]. incorporate the PM10

alert, warning, and

emergency levels.

* * * * * * *

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PART 81--[AMENDED]

1. The authority citation for part 81 continues to read as follows:

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

2. Section 81.320 is amended by revising the table for ``Maine.--

PM10 Nonattainment Areas'' to read as follows:

Sec. 81.320 Maine.

* * * * *

Maine--PM10 Nonattainment Areas

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Designation Classification

Designated area ------------------------------------------------------------------

Date Type Date Type

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Aroostook County:

City of Presque Isle (part)\1\. That area 11/15/90 Nonattainment........... 11/15/90 Moderate.

bounded by Allen Street from its

intersection with Main Street east to

Dudley Street, Dudley Street south to

Cedar Street, Cedar Street west to Main

Street, Main Street south to Kennedy

Brook, Kennedy Brook northwest crossing

Presque Isle Stream to Coburn Street,

Coburn Street northwest to Mechanic

Street, Mechanic Street west to Judd

Street, Judd Street northeast to State

Street, State Street northwest to School

Street, School Street northeast to Park

Street, Park Street east to Main Street.

[[Page 2888]]

Rest of 11/15/90 Unclassifiable..........

State..............................

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\1\This definition of the nonattainment area redefines its borders from the entire City of Presque Isle to this

area of 0.6 square miles which circumscribe the area of high emission densities and ambient PM10 levels.

(January 12, 1995 and FR citation from published date.)

[FR Doc. 95-736 Filed 1-11-95; 8:45 am]

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