Approval and Promulgation of Redesignation; Maine; Redesignation of Millinocket to Attainment for Sulfur Dioxide

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[ME3-1-5258a; A-1-FRL-5815-2]

Approval and Promulgation of Redesignation; Maine; Redesignation

of Millinocket to Attainment for Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a redesignation request submitted by the

State of Maine. This request will redesignate Millinocket, ME from

nonattainment to attainment for sulfur dioxide (SO2). This

action is being taken in accordance with the Clean Air Act.

DATES: This action will become effective July 1, 1997, unless notice is

received by June 2, 1997 that adverse or critical comments will be

submitted. If the effective date is delayed, timely notice will be

published in the Federal Register.

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

Office of Ecosystems Protection, Region I, JFK Federal Building,

Boston, MA 02203. Copies of the documents relevant to this action are

available for public inspection during normal business hours, by

appointment at the Office of Ecosystems Protection, U.S. Environmental

Protection Agency, Region I, One Congress Street, 10th floor, Boston,

MA; Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C.

20460; and the Bureau of Air Quality Control, Department of

Environmental Protection, 71 Hospital Street, Augusta, ME 04333;

FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, (617) 565-3568.

SUPPLEMENTARY INFORMATION: On April 30, 1984, the Maine Department of

Environmental Protection (DEP) submitted a request to redesignate the

area of Millinocket, ME from nonattainment to attainment for

SO2. The area was designated nonattainment in 1978 based on

several monitored exceedences of the 24-hour National Ambient Air

Quality Standard (NAAQS) for SO2.

Section 107(d)(3)(D) of the Clean Air Act of 1990 (CAA) allows the

Governor of a state to request the redesignation of an area designated

nonattainment to attainment.

Section 107(d)(3)(E) of the CAA lists the requirements which must

be met before EPA can redesignate an area to attainment.

Background

In 1978, Millinocket was declared nonattainment for SO2.

The only significant source of SO2 in the area is a paper

mill, operated at the time by the Great Northern Paper Company. The

mill is currently operated by Bowater, Inc. In 1980, a sulfur dioxide

attainment plan for Millinocket was submitted and approved by EPA (45

FR 81941).

After this plan was approved, the area maintained compliance with

the NAAQS for 12 consecutive quarters, and on December 29, 1983, the

Governor of the State of Maine submitted a request to redesignate the

area to attainment. EPA determined that the original request was

incomplete since the monitored data alone was not sufficient to declare

the area attainment. Maine DEP resubmitted the request accompanied by a

modeling study on April 30, 1984. EPA then determined that the request

was complete on June 19, 1984.

EPA was unable to process the redesignation request, however,

because of a pending challenge to the use of ``merged'' stacks to

comply with the ambient standards. See NRDC v. Thomas, 838 F.2d 1224

(D.C. Cir. 1988), cert. denied 109 S.Ct. 219 (1988). As part of the

attainment plan, Great Northern had built a single merged stack for

three exhaust streams. Litigants in NRDC v. Thomas had challenged

whether it was proper to consider such a configuration in a modeling

study. EPA has determined that these air streams were merged for sound

economic and engineering reasons prior to 1985, and that sulfur

emissions did not increase as a result of the merged stack. Therefore,

EPA has determined that the merged stack is not a dispersion technique

and may be included in the modelling. See 40 CFR 51.100(hh)(2)(ii)(C)

and NRDC v. Thomas, 838 F.2d at 1255. The publicly available docket

supporting this action

[[Page 24039]]

includes a technical support document which describes the basis for

this determination in more detail.

Monitors in the Millinocket area have shown that since the original

plan was implemented, the area has never violated the SO2

standard during the last 16 years.

Section 107(d)(3)(E) requires the state to submit a maintenance

plan as described in Section 175A. Maine has agreed to a maintenance

plan which will protect the air quality in the Millinocket area. The

plan includes contingency measures to be taken if future violations of

the NAAQS occur. EPA requires the contingency measures for

SO2 maintenance plans to include a program to identify

sources of violations of the SO2 NAAQS and to undertake

aggressive enforcement activity to address any SIP violations. 57 FR

13498, #13547 (April 16, 1992). The Bowater mill is the only large

sulfur source in Millinocket likely to be responsible for sulfur NAAQS

exceedences, and Maine has an ample enforcement program to assure that

it complies with the SIP. The plan is part of the publicly available

docket supporting this action.

EPA's review of this material indicates that Millinocket should be

redesignated to attainment for SO2.

Summary of This Action

This action will redesignate Millinocket, ME from nonattainment for

SO2 to attainment for SO2. By doing this, the

entire Air Quality Control Region 109 will be in attainment for

SO2.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective July 1, 1997 unless adverse or critical comments are received

by June 2, 1997.

If the EPA receives such comments, this action will be withdrawn

before the effective date by simultaneously publishing a subsequent

document that will withdraw the final action. All public comments

received will then be addressed in a subsequent final rule based on

this action serving as a proposed rule. The 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. If no such

comments are received, the public is advised that this action will be

effective on July 1, 1997.

Final Action

EPA is approving Maine's request to redesignate Millinocket to

attainment for SO2.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from review under Executive Order

12866.

Administrative Requirements

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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.

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

Clean Air Act (Act) do not create any new requirements by 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 Act, preparation of a flexibility analysis would

constitute Federal inquiry into the economic reasonableness of State

action. The Act forbids EPA to base its actions concerning SIPs on such

grounds. See Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66

(1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Sections 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted 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

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 July 1, 1997. 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).) EPA encourages

interested parties to 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.

[[Page 24040]]

List of Subjects in 40 CFR Part 81

Environmental protection, Air pollution control, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: March 20, 1997.

John P. DeVillars,

Regional Administrator, Region I.

Part 81 of chapter I, title 40 of the Code of Federal Regulations

is amended as follows:

PART 81--[AMENDED]

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

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

Subpart C--Maine

2. Section 81.320 is amended by revising the table for

SO2 to read as follows:

Sec. 81.320 Maine.

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SO2

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Does not meet primary Does not meet secondary Better than national

Designated area standards standards Cannot be classified standard

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AQCR 110............................ ........................... ........................... ........................... X

AQCR 107............................ ........................... ........................... ........................... X

AQCR 109............................ ........................... ........................... ........................... X

AQCR 108-Madawaska.................. ........................... ........................... X.......................... ...........................

Rest of region.................. ........................... ........................... ........................... X

AQCR 111............................ ........................... ........................... ........................... X

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[FR Doc. 97-11483 Filed 5-1-97; 8:45 am]

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