Approval and Promulgation of Air Quality Implementation Plans; Maine, and Redesignation of Hancock and Waldo Counties; Maine

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[ME47-1-6996a; A-1-FRL-5693-5]

Approval and Promulgation of Air Quality Implementation Plans;

Maine, and Redesignation of Hancock and Waldo Counties; Maine

AGENCY: Environmental Protection Agency (USEPA or Agency).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving two requests from the State of Maine:

approval of the Maine 1990 base year inventory into the Maine State

Implementation Plan (SIP), referred to as the SIP revision; and a

redesignation request by the State of Maine for the Hancock and Waldo

counties marginal nonattainment area, referred to as the redesignation

request. These actions are being taken in accordance with the Clean Air

Act (CAA or the Act). The first request will establish the 1990 base

year ozone emission inventories of volatile organic compounds (VOC) and

oxides of nitrogen (NOx) emissions for the classified ozone

nonattainment areas in Maine. The second request will redesignate the

Hancock and Waldo counties marginal ozone nonattainment area from

nonattainment to attainment. The second request also contains a 1993

attainment emissions inventory that will satisfy Hancock and Waldo

counties requirement for a 1993 periodic inventory. A detailed

rationale for the two approvals is set forth in SUPPLEMENTARY

INFORMATION.

DATES: This action is effective on April 29, 1997, unless adverse or

critical comments are received by March 31, 1997. 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 Ecosystem Protection (mail code CAA), U.S. Environmental

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

Region I, One Congress Street, 11th floor, Boston, MA; the Bureau of

Air Quality Control, Department of Environmental Protection, 71

Hospital Street, Augusta, ME 04333. Persons interested in examining

these documents should make an appointment with the appropriate office

at least 24 hours before the visiting day.

FOR FURTHER INFORMATION CONTACT: For the base year inventory, Robert

McConnell, (617) 565-9266, and for the Hancock and Waldo counties

redesignation request Richard P. Burkhart, (617)-565-3578.

SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

Summary

The EPA today is approving SIP revisions submitted by the State of

Maine, under sections 110 and 182 of the Act. These revisions consist

of the establishment of the 1990 base year ozone emission inventories

for the ozone nonattainment areas in Maine. These SIP revisions have

been found by EPA to meet the EPA's approval criteria for emission

inventories.

Supplementary Information on SIP Revision

Maine submitted 1990 base year emission inventories for the ozone

nonattainment areas in the State in final form on July 25, 1995. This

portion of this document is divided into three parts:

I. Background Information

II. Summary of SIP Revision

III. Final Action

I. Background

Emission Inventory

Under the CAA as amended in 1990, States have the responsibility to

inventory emissions contributing to nonattainment of a National;

Ambient Air Quality Standard (NAAQS), to track these emissions over

time, and to ensure that control strategies are being implemented that

reduce emissions and move areas towards attainment. The CAA requires

ozone nonattainment areas designated as moderate, serious, severe, and

extreme to submit a plan within three years of 1990 to reduce VOC

emissions by 15 percent within six years after 1990. The baseline level

of emissions, from which the 15 percent reduction is calculated, is

determined by adjusting the base year inventory to exclude biogenic

emissions and to exclude certain emission reductions not creditable

towards the 15 percent. The 1990 base year emissions inventory is the

primary inventory from which the periodic inventory, the Reasonable

Further Progress (RFP) projection inventory, and the modeling inventory

are derived. Further information on these inventories and their purpose

can be found in the ``Emission Inventory Requirements for Ozone State

Implementation Plans,'' U.S. Environmental Protection Agency, Office of

Air Quality Planning and Standards, Research Triangle Park, North

Carolina, March 1991. A copy of this guidance is available from EPA at

the regional office listed in the address section of this document. The

base year inventory may also serve as part of

[[Page 9082]]

statewide inventories for purposes of regional modeling in transport

areas. The base year inventory plays an important role in modeling

demonstrations for areas classified as moderate and above.

The air quality planning requirements for marginal to extreme ozone

nonattainment areas are set out in section 182 (a)-(e) of title I of

the CAA. The EPA has issued a General Preamble describing the EPA's

preliminary views on how the agency intends to review SIP revisions

submitted under title I of the Act, including requirements for the

preparation of the 1990 base year inventory (see 57 FR 13502 (April 16,

1992) and 57 FR 18070 (April 28, 1992)). In this action EPA will rely

on the General Preamble's interpretation of the CAA, and the reader

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

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

supporting rationale.

Those States containing ozone nonattainment areas classified as

marginal to extreme are required under section 182(a)(1) of the CAA to

submit a final, comprehensive, accurate, and current inventory of

actual ozone season, weekday emissions from all sources within 2 years

of enactment (November 15, 1992). This inventory is for calendar year

1990 and is denoted as the base year inventory. It includes both

anthropogenic and biogenic sources of volatile organic compound (VOC),

nitrogen oxides (NOX), and carbon monoxide (CO). The inventory is

to address actual VOC, NOX, and CO emissions for the area during a

peak ozone season, which is generally comprised of the summer months.

All stationary point and area sources, as well as mobile sources within

the nonattainment area, are to be included in the compilation.

Available guidance for preparing emission inventories is provided in

the General Preamble (57 FR 13498, April 16, 1992).

II. Analysis of State Submission

A. Procedural Background

The Act requires States to observe certain procedural requirements

in developing emission inventory submissions to the EPA. Section

110(a)(2) of the Act provides that each emission inventory submitted by

a State must be adopted after reasonable notice and public

hearing.1 Final approval of the inventory will not occur until the

State revises the inventory to address public comments. Changes to the

inventory that impact the 15 percent reduction calculation and require

a revised control strategy will constitute a SIP revision. EPA created

a ``de minimis'' exception to the public hearing requirement for minor

changes. EPA defines ``de minimis'' for such purposes to be those in

which the 15 percent reduction calculation and the associated control

strategy or the maintenance plan showing, do not change. States will

aggregate all such ``de minimis'' changes together when making the

determination as to whether the change constitutes a SIP revision. The

State will need to make the change through the formal SIP revision

process, in conjunction with the change to the control measure or other

SIP programs.2 Section 110(a)(2) 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.

---------------------------------------------------------------------------

\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).

\2\ Memorandum from John Calcagni, Director, Air Quality

Management Division, and William G. Laxton, Director, Technical

Support Division, to Regional Air Division Directors, Region I-X,

``Public Hearing Requirements for 1990 Base-Year Emission

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,''

September 29, 1992, a copy of which is available from EPA Region I.

---------------------------------------------------------------------------

The State of Maine held several public hearings on its ozone

emission inventories, the last of which occurred on June 28, 1995. The

inventories were submitted to the EPA as a SIP revision on July 25,

1995, by cover letter from the Governor's designee. The inventories had

originally been submitted to the EPA in December of 1992. At that time,

they were reviewed by the EPA to determine completeness shortly after

its submittal, in accordance with the completeness criteria set out at

40 CFR part 51, Appendix V (1991), as amended by 57 FR 42216 (August

26, 1991). The inventories were found to be complete except for the

public hearing requirement. The EPA determined that for inventories

that had not met the public hearing requirement, a finding of

completeness would be made contingent upon the State fulfilling the

public hearing requirement.3 The submittal was found to be

complete contingent upon the State fulfilling the public hearing

requirement, and a letter dated February 24, 1993, was forwarded to the

State indicating the completeness of the submittal. The re-submittal of

the Maine base year emission inventories in July of 1995, and the

accompanying documentation that the inventories had been subject to a

public hearing, have fulfilled this obligation.

---------------------------------------------------------------------------

\3\ Memorandum from John Calcagni, Director, Air Quality

Management Division, to Regional Air Division Directors, Regions I-

X, ``State Implementation Plan (SIP) Actions Submitted in Response

to Clean Air Act (ACT) Deadlines'' October 28, 1992, a copy of which

is available from EPA Region I.

---------------------------------------------------------------------------

The EPA Region I Office has compared the final Maine emission

inventories with the deficiencies noted in the various comment letters

sent by EPA to the DEP and concluded that Maine has adequately

addressed the issues raised by the EPA.

B. Emission Inventory Review

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

review of SIP submissions, including base year emission inventory

submittals in order to determine approval or disapproval under section

182(a)(1) (see 57 FR 13565-66 (April 16, 1992)). The EPA is approving

the Maine ozone base year emission inventories submitted to the EPA in

final form on July 25, 1995, based on the Level I, II, and III review

findings. This section outlines the review procedures performed to

determine if the base year emission inventory is acceptable or should

be disapproved.

The Level I and II review process is used to determine that all

components of the base year inventory are present. The review also

evaluates the level of supporting documentation provided by the State

and assesses whether the emissions were developed according to current

EPA guidance.

The Level III review process is outlined here and consists of 10

points that the inventory must include. For a base year emission

inventory to be acceptable it must pass all of the following acceptance

criteria:

1. An approved Inventory Preparation Plan (IPP) was provided and

the Quality Assurance (QA) program contained in the IPP was performed

and its implementation documented.

2. Adequate documentation was provided that enabled the reviewer to

determine the emission estimation procedures and the data sources used

to develop the inventory.

3. The point source inventory must be complete.

4. Point source emissions must have been prepared or calculated

according to the current EPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must have been prepared or calculated

according to the current EPA guidance.

7. Biogenic emissions must have been prepared according to current

EPA guidance or another approved technique.

[[Page 9083]]

8. The method (e.g., Highway Performance Modeling System or a

network transportation planning model) used to develop vehicle miles

travelled (VMT) estimates must follow EPA guidance, which is detailed

in the document, ``Procedures for Emission Inventory Preparation,

Volume IV: Mobile Sources'', U.S. Environmental Protection Agency,

Office of Mobile Sources and Office of Air Quality Planning and

Standards, Ann Arbor, Michigan, and Research Triangle Park, North

Carolina, December 1992, a copy of which is available from EPA Region

I.

9. The MOBILE model was correctly used to produce emission factors

for each of the vehicle classes.

10. Non-road mobile emissions were prepared according to current

EPA guidance for all of the source categories.

The base year emission inventory will be approved if it passes

Levels I, II, and III of the review process. Detailed Level I and II

review procedures can be found in ``Quality Review Guidelines for 1990

Base Year Emission Inventories,'' U.S. Environmental Protection Agency,

Office of Air Quality Planning and Standards, Research Triangle Park,

NC, July 27, 1992. Level III review procedures are specified in EPA

memoranda.4

---------------------------------------------------------------------------

\4\ Memorandum from J. David Mobley, Chief, Emissions Inventory

Branch, to Air Branch Chiefs, Region I-X, ``Final Emission Inventory

Level III Acceptance Criteria,'' October 7, 1992; and memorandum

from John S. Seitz, Director, Office of Air Quality Planning and

Standards, to Regional Air Division Directors, Region I-X,

``Emission Inventory Issues,'' June 24, 1993. All of these memoranda

are available from EPA Region I.

---------------------------------------------------------------------------

Maine's base year emission inventories meets each of these ten

criteria. Documentation of the EPA's evaluation, including details of

the review procedure, is contained within the technical support

document prepared for the Maine 1990 base year inventories, which is

available to the public as part of the docket supporting this action.

III. Final Action on SIP Revision

Maine has submitted a complete inventory containing point, area,

biogenic, on-road mobile, and non-road mobile source data, and

accompanying documentation. Emissions from these sources are presented

in the following table:

VOC

[Ozone seasonal emissions in tons per day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Portland.......................... 31.80 9.65 49.87 7.40 197.60 296.32

Lewiston-Auburn................... 14.95 2.29 20.92 3.74 122.70 164.60

Knox & Lincoln Co................. 4.85 0.86 6.43 1.09 68.00 81.22

Hancock & Waldo Co................ 7.18 1.93 8.85 1.32 216.40 235.69

----------------------------------------------------------------------------------------------------------------

NOX

[Ozone Seasonal Emissions in Tons Per Day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Portland...................... 6.13 19.38 62.47 4.41 NA 92.39

Lewiston-Auburn............... 3.08 4.49 24.36 2.28 NA 34.24

Knox & Lincoln Co............. 0.92 2.79 7.23 0.69 NA 11.63

Hancock & Waldo Co............ 1.11 5.49 11.12 0.96 NA 18.68

----------------------------------------------------------------------------------------------------------------

CO

[Ozone Seasonal Emissions in Tons Per Day]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

NAA Area source source mobile mobile Biogenic Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Portland...................... 7.12 6.05 463.71 40.38 NA 517.26

Lewiston-Auburn............... 3.57 2.35 183.86 20.48 NA 210.26

Knox & Lincoln Co............. 1.26 0.06 46.88 6.20 NA 54.40

Hancock & Waldo Co............ 2.03 1.76 64.54 7.03 NA 75.36

----------------------------------------------------------------------------------------------------------------

Maine has satisfied all of the EPA's requirements for providing a

comprehensive, accurate, and current inventory of actual ozone

precursor emissions for its ozone nonattainment areas. The inventories

are complete and approvable according to the criteria set out in the

November 12, 1992 memorandum from J. David Mobley, Chief Emission

Inventory Branch, TSD to G. T. Helms, Chief Ozone/Carbon Monoxide

Programs Branch, AQMD. In today's final action, the EPA is fully

approving the SIP 1990 base year ozone emission inventories submitted

by Maine to the EPA for the Portland, Lewiston-Auburn, Knox and Lincoln

Counties, and Hancock and Waldo Counties nonattainment areas as meeting

the requirements of sections 182(a)(1) and 172(c)(3) of the CAA.

The EPA has reviewed these requests for revision of the federally

approved SIP for conformance with the provisions of the Clean Air Act

Amendments. The EPA has determined that this action conforms with those

requirements.

[[Page 9084]]

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic, and

environmental factors, in relation to relevant statutory and regulatory

requirements.

IV. Summary of Redesignation Request

Background

The Hancock and Waldo Counties (hereafter H-W) ozone nonattainment

area is designated nonattainment for ozone and is classified as

marginal (56 FR 56694). On May 13, 1996 Maine submitted a requests to

have the H-W area redesignated to attainment. The H-W area had been

granted a one-year extension of its attainment date (60 FR 33351).

Requirements for Redesignation

Under section 107(d)(3)(E) of the Act, the following five criteria

must be met for an ozone nonattainment area to be redesignated to

attainment:

1. The area must meet the ozone NAAQS.

2. The area must meet applicable requirements of section 110 and

Part D of the Act.

3. The area must have a fully approved SIP under section 110(k) of

the Act.

4. The area must show that its experienced improvement in air

quality is due to permanent and enforceable measures, including the SIP

and any applicable Federal requirements.

5. The area must have a fully approved maintenance plan under

section 175A of the Act, including contingency measures.

EPA's Evaluation of Maine's Redesignation Request and Maintenance Plan

for the H-W Area

Criterion 1: The area must meet the ozone NAAQS.

EPA's Evaluation: The area met the ozone standard with the 1993-

1995 ozone data. The area continues to meet the ozone standard with

preliminary 1996 data. The ozone data are complete and in the

Aerometric Information Retrieval System (AIRS) for the McFarland Hills

ozone monitoring site in Acadia National Park. That site has an

expected exceedance rate per year of 0.3. The standard is an expected

exceedance rate less than or equal to 1 (40 CFR Part 50 Appendix H).

An additional ozone monitoring site was begun on top of Cadillac

Mountain in the park in 1995. That site began monitoring on July 25,

1996. As stated in Appendix A ``When one adjusts for the late start up,

this site has a complete year of data; therefore giving it an expected

exceedance rate of 1.0,'' which is attainment. In 1996 the preliminary

data show no exceedance at either site. The State will continue to

monitor in this area in accordance with 40 CFR part 58. All ozone data

for this area are available in AIRS and can be obtained from EPA Region

I.

Criteria 2 and 3 are similar and will be discussed together.

Criterion 2: The area must meet applicable requirements of section

110 and Part D.

EPA's Evaluation: EPA's redesignation policy requires an area to

meet all requirements in section 110 and Part D of the Clean Air Act.

Criterion 3: The area must have a fully approved SIP under section

110(k) of the Act.

EPA's Evaluation: In order to meet this criteria, all applicable

SIP elements must be approved into Maine's SIP for the H-W area.

Specific Elements

Section 110: General Requirements for Implementation Plans

Section 110(a)(2) of the Act lists the elements to be included in

each SIP after adoption by the State and reasonable notice and public

hearing. The elements include, but are not limited to, provisions for

establishment and operation of appropriate devices, methods, systems,

and procedures necessary to monitor ambient air quality; regulation of

the modification or construction of stationary sources, including

provisions for Part C (PSD) and D (NSR) preconstruction permit

programs, criteria for stationary source emission control measures,

monitoring, and reporting, provisions for modeling, and provisions for

public and local agency participation. For purposes of redesignation,

the H-W area SIPs were reviewed to ensure that all requirements under

the Act were satisfied. EPA has determined that the individual SIPs are

consistent with the requirements of section 110 of the Act.

Part D: General Provisions for Nonattainment Areas

Before any of the marginal nonattainment counties may be

redesignated as attainment, they must fulfill the applicable

requirements of Part D. Under Part D, an area's classification

determines the requirements to which it is subject. Subpart 1 of Part D

sets forth the basic nonattainment requirements applicable to all

nonattainment areas. Subpart 2 of Part D establishes additional

requirements for ozone nonattainment areas classified under table 1 of

section 181(a). As described in the General Preamble, specific

requirements of Subpart 2 may override Subpart 1's general provisions,

(57 FR 13501 (April 16, 1992)). The H-W area is classified as marginal

nonattainment and is in the Ozone Transport Region (OTR). Therefore, in

order to be redesignated, the State must meet the applicable

requirements of Subpart 1 of Part D--specifically sections 172 and 176,

as well as the applicable requirements of Subpart 2 of Part D, except

for OTR requirements.

Section 172 Requirements

The H-W redesignation request has satisfied all of the relevant

submittal requirements under section 172 necessary for the area to be

redesignated to attainment.

Section 172(c)(3) requires submission and approval of a

comprehensive, accurate, and current inventory of actual emissions. The

requirement was superseded by the inventory requirement in section

182(a)(1). The MEDEP submitted such an inventory on July 26, 1995. This

inventory is being approved by EPA in this document.

Section 172(c)(5) requires permits for the construction and

operation of new and modified major stationary sources anywhere in the

nonattainment area. The Maine NSR rules were approved by EPA on Feb.

14, 1996 (61 FR 5690).

Section 176 Conformity Requirements

EPA has previously interpreted the conformity requirements as not

being applicable requirements for purposes of evaluating redesignation

requests (60 FR 62748; December 7, 1995).

Subpart 2 Section 182 Requirements (Additional Requirements)

The H-W area is classified as marginal nonattainment. Therefore,

Part D, Subpart 2, section 182(a) requirements apply. In accordance

with guidance presented in the Shapiro memorandum,5 the

requirements that were due prior to the submission of the requests to

redesignate the area must be fully approved into the SIP before the

requests to redesignate the area to attainment can be approved. Those

requirements are discussed below:

---------------------------------------------------------------------------

\5\ Memorandum from Michael H. Shapiro, Acting Assistant Admin.

for Air and Radiation, to Regional Air Directors, ``State

Implementation Plan (SIP) Requirements for Areas Submitting Requests

. . . on or After November 15, 1992,'' dated Sep 17, 1993, and

available from EPA Region I.

---------------------------------------------------------------------------

[[Page 9085]]

(1) 1990 Base Year Inventory

The 1990 base year emission inventory was submitted to EPA on July

26, 1995 and found complete on July 26, 1995, and is being approved in

this document.

(2) Permit Program

The Maine NSR rules were approved by EPA on Feb. 14, 1996 (61 FR

5690). An interim approval of Maine's Title V permit program was

published (61 FR 49289). Final approval will be published soon.

(3) RACT Fix-Ups

Pursuant to the Section 182(a)(2)(A) RACT fix-up requirement, Maine

submitted regulations for fixed roof petroleum tanks, bulk gasoline

terminals, and paper coating sources which were approved by EPA on

February 2, 1992 (57 FR 3946). In addition, the state submitted capture

efficiency test procedures which were approved by EPA on March 22, 1993

(58 FR 15281). Thus, Maine has fulfilled the RACT fix-up requirement.

(4) Periodic Inventory

In the H-W redesignation request, the State of Maine has supplied a

1993 inventory for VOC and NOX as part of its redesignation

request. This inventory will also fulfill the required 1993 periodic

inventory for Hancock and Waldo counties specified in CAA Section

182(3)(A).

(5) Emission Statements

The emission statements for Maine were approved by EPA on Jan. 10,

1995 (60 FR 2524).

(6) Offset Requirements

Section 182(a)(4) requires all major new sources or modifications

in a marginal nonattainment area within the OTR to achieve offsetting

reductions of precursors at a ratio of at least 1.1 to 1.0. Section 184

raises the ratio to 1.15 to 1, within the OTR. The Maine NSR rules were

approved by EPA on Feb. 14, 1996 with an offset ratio of 1.15 to 1 (61

FR 5690).

Section 184 OTR Requirements

In a previous rulemaking (61 FR 53174, Oct. 19, 1996), EPA stated

that since OTR requirements are regional in nature and EPA can sanction

an area separately for failure to submit or failure to implement OTR

requirements, these OTR measures would not be a requirement for

redesignations. In sum, redesignation to attainment will not remove the

requirements for Maine to adopt and implement any outstanding section

184 measures in the Hancock and Waldo Counties area.

NOX RACT Requirements

The H-W area received a wavier from NOX RACT requirements (60

FR 66748).

Criterion 4: The area must show that its experienced improvement in

air quality is due to permanent and enforceable measures.

EPA's Evaluation: The redesignation request has shown that, through

fully adopted and implemented, permanent and enforceable state and

federal measures, the area's air quality has improved. The request also

shows that the meteorology for the period 1989 to 1995 was not unusual.

Several permanent and enforceable control measures have been put

into place in the H-W area the most effective of which is the Federal

Motor Vehicle Control Program. Decrease in transported ozone has also

been a major factor in the improved air quality of this region. Since

1992 other programs have also been implemented in Maine, such as Non-

CTG VOC RACT, Stage I gasoline vapor recovery on smaller stations, and

reformulated gasoline.

Criterion 5: The area must have a fully approved maintenance plan

under section 175A of the Act, including contingency measures.

EPA's Evaluation: The state of Maine chose 1993 to be its

attainment year inventory and per EPA requirements must show

maintenance out to 2006. The ME submittal (Table 2) shows a decrease

trend in both VOC and NOX emissions from 1993 to 2006, and none of

the intermediate years have emissions above the 1993 base line.

Table 2.--Maintenance Inventory for H-W Area

[Summary of H-W VOC Emissions (tons per summer day)]

------------------------------------------------------------------------

1993 1996 2006

Sector attain proj. proj.

------------------------------------------------------------------------

Area......................................... 5.9 5.6 6.0

Point........................................ 1.4 1.4 1.5

Mobile....................................... 8.3 7.9 6.7

--------------------------

Totals................................... 15.7 14.9 14.2

------------------------------------------------------------------------

[Summary of H-W NOX Emissions (tons per summer day)]

------------------------------------------------------------------------

1993 1996 2006

Sector attain proj. proj.

------------------------------------------------------------------------

Area......................................... 0.5 0.5 0.5

Point........................................ 5.7 5.8 5.1

Mobile....................................... 11.0 10.3 9.3

--------------------------

Totals................................... 17.3 16.7 14.9

------------------------------------------------------------------------

The above tables show that the level of total emissions in the

attainment year, 1993, are not exceeded in either the interim year,

1996, or the final year, 2006. Note, the totals may not add-up due to

rounding. The state submittal shows that intermediate years also remain

below the 1993 baseline.

Contingencies for Approval

Sections 107(d)(3)(E)(iv) and 175A(d) of the Act require states to

include contingency provisions to correct promptly any NAAQS violations

that occur after redesignation. At a minimum the state must continue to

implement all SIP ozone measures in place before redesignation.

EPA's Evaluation: Maine will continue to implement its ozone SIP.

The Maine request listed several possible contingency measures for the

H-W area. These include: Accelerated vehicle retirement, consumer

product rules on adhesives, clean-fuel fleet programs, employee commute

options, marine vessel loading, pesticide application controls, rule

effectiveness improvements, Stage II gasoline vapor recovery, and

Transportation Control Measures (TCM's).

If the H-W area were to violate the ozone NAAQS, the MEDEP would

adopt the contingency measure that would be most appropriate to

minimize future violations of the NAAQS.

V. Final Action on Redesignation Request

EPA is approving the redesignation request.

VI. Procedural Background

The Agency has reviewed the request for revision of the Federally-

approved State implementation plan, and the request for redesignation

for conformance with the provisions of the 1990 amendments enacted on

November 15, 1990.

The EPA is publishing these actions 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, the EPA is proposing to approve the SIP revision

and the redesignation request should adverse or critical comments be

filed. This action will be effective April 29, 1997 unless, by March

31, 1997, adverse or critical comments are received.

If the EPA receives such comments, the action to which those

comments are relevant will be withdrawn before the effective date by

publishing a subsequent document that will withdraw the final

action(s). All public

[[Page 9086]]

comments received will 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 the action. Any parties interested in

commenting on these actions should do so at this time. If no such

comments are received, the public is advised that these actions will be

effective April 29, 1997.

Nothing in these actions should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any State implementation plan or redesignations. Each

request for revision to the State implementation plan or redesignation

shall be considered separately in light of specific technical,

economic, and environmental factors and in relation to relevant

statutory and regulatory requirements.

VII. Administrative Requirements

A. Executive Order 12866

These actions have been classified as a Table 3 actions 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 these regulatory actions from E.O. 12866

review.

B. Regulatory Flexibility Act

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

Clean Air Act 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, the Agency

certifies 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 flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The Clean Air Act forbids EPA to base its actions concerning

SIPs on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246,

255-66 (1976); 42 U.S.C. 7410(a)(2).

Redesignation of an area to attainment under section 107(d)(3)(E)

of the CAA does not impose any new requirements on small entities.

Redesignation is an action that affects the air quality planning status

of a geographical area and does not impose any regulatory requirements

on sources. The Agency certifies that the approval of the redesignation

request will not affect a substantial number of small entities.

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 actions promulgated do 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) of the Regulatory Flexibility Act 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 April 29, 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.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Dated: February 3, 1997.

John P. DeVillars,

Regional Administrator, Region I.

For the reasons set out in the preamble title 40, chapter I of the

Code of Federal Regulations is 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.

2. Section 52.1036 is added to subpart U to read as follows:

Sec. 52.1036 Emission inventories.

(a) The Governor's designee for the State of Maine submitted 1990

base year emission inventories for the Knox and Lincoln Counties area,

the Lewiston and Auburn area, the Portland area, and the Hancock and

Waldo Counties area on July 25, 1995 as a revision to the State

Implementation Plan (SIP). The 1990 base year emission inventory

requirement of section 182(a)(1) of the Clean Air Act, as amended in

1990, has been satisfied for these areas.

(b) The inventory is for the ozone precursors which are volatile

organic

[[Page 9087]]

compounds, nitrogen oxides, and carbon monoxide. The inventory covers

point, area, non-road mobile, on-road mobile, and biogenic sources.

(c) The Knox and Lincoln Counties nonattainment area is classified

as moderate. The Lewiston and Auburn nonattainment area is classified

as moderate and consists of Androscoggin and Kennebec Counties. The

Portland nonattainment area is classified as moderate and consists of

Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties

nonattainment area is classified as attainment.

(d) The Governor's designee for the State of Maine submitted 1993

periodic year emission inventories for the Hancock and Waldo Counties

area on May 13, 1996 as a revision to the State Implementation Plan

(SIP). The 1993 periodic year emission inventory requirement of section

182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied

for the Hancock and Waldo counties area.

PART 81--[AMENDED]

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

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

2. In Sec. 81.320 the ``Maine-Ozone'' table is amended by revising

the entry for ``Hancock County and Waldo County Area'' to read as

follows:

Sec. 81.320 Maine.

* * * * *

Maine--Ozone

--------------------------------------------------------------------------------------------------------------------------------------------------------

Designation Classification

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

Date \1\ Type Date \1\ Type

--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *

Hancock County and Waldo County

Area:

Hancock County.............. Apr. 29, 1997................ Attainment.................

Waldo County................ Apr. 29, 1997................ Attainment.................

* * * * * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------

\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 97-4963 Filed 2-27-97; 8:45 am]

BILLING CODE 6560-50-P