71486 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 

thence across the bridge to the south 

side of East Rockaway Inlet, thence 

westerly along the shore and across the 

water to the beginning. 

(b) Regulations. (1) Vessels carrying 

petroleum products as cargo, with a 

loaded draft greater than 5 feet, are 

prohibited from transiting within the 

regulated navigation area. 

(2) Operators of vessels carrying 

petroleum products as cargo with a 

loaded draft greater than 5 feet must 

request to transit the regulated 

navigation area to the Captain of the 

Port, Long Island Sound (COTP). They 

should seek permission at least 48 hours 

prior to transiting the area to prevent 

delays and minimize the risk of denial 

of entry. Factors the COTP will consider 

before granting permission to enter or 

transit the RNA described in paragraph 

(a) of this section are: Environmental 

and safety factors, including, but not 

limited to: Weather conditions affecting 

transit (e.g. sea state, state of the tide, 

winds, and visibility,) the loaded draft 

of the particular vessel seeking to transit 

the area, and the minimum under keel 

clearance of the particular vessel. 

(c) Effective period. This section is 

effective from December 1, 2006, until 

June 1, 2007. 

Dated: November 27, 2006. 

Timothy S. Sullivan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E6–20921 Filed 12–8–06; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2006–0630; FRL–8243–9] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Monitoring and Volatile Organic 

Compound Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing full approval 

of certain revisions and a limited 

approval/limited disapproval of other 

revisions to the Nevada Department of 

Conservation and Natural Resources 

portion of the Nevada State 

Implementation Plan (SIP). This action 

was proposed in the Federal Register on 

August 31, 2006 and addresses 

definitions, organic solvent controls, 

and various monitoring provisions. 

Under authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), this 

action approves seventeen provisions 

and approves and simultaneously 

disapproves two other provisions and 

recommends that Nevada correct the 

rule deficiencies. 

DATES: Effective Date: This rule is 

effective on January 10, 2007. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2006–0630 for 

this action. The index to the docket is 

available electronically at http:// 

regulations.gov and in hard copy at EPA 

Region IX, 75 Hawthorne Street, San 

Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On August 31, 2006 (71 FR 51793), 

EPA proposed approval of the 

provisions of chapter 445B of the 

Nevada Administrative Code (NAC) 

listed below in Table 1. 

TABLE 1.—PROVISIONS PROPOSED FOR APPROVAL

NAC No. NAC title Adopted Submitted 

445B.015 .......................................... ‘‘Alternative method’’ defined .................................................................... 10/03/95 01/12/06 

445B.062 .......................................... ‘‘Equivalent method’’ defined .................................................................... 10/03/95 01/12/06 

445B.063 .......................................... ‘‘Excess emissions’’ defined ...................................................................... 10/04/05 01/12/06 

445B.084 .......................................... ‘‘Hazardous air pollutant’’ defined ............................................................. 11/03/93 01/12/06 

445B.134 .......................................... ‘‘Person’’ defined ....................................................................................... 09/16/76 01/12/06 

445B.153 .......................................... ‘‘Regulated air pollutant’’ defined .............................................................. 10/04/05 01/12/06 

445B.202 .......................................... ‘‘Volatile organic compounds’’ defined ...................................................... 03/03/94 01/12/06 

445B.22093 ...................................... Organic solvents and other volatile organic compounds .......................... 10/04/05 01/12/06 

445B.256 .......................................... Monitoring systems: Calibration, operation and maintenance of equipment.10/03/95 01/12/06 

445B.257 .......................................... Monitoring systems: Location .................................................................... 09/16/76 01/12/06 

445B.258 .......................................... Monitoring systems: Verification of operational status ............................. 09/16/76 01/12/06 

445B.259 .......................................... Monitoring systems: Performance evaluations ......................................... 09/16/76 01/12/06 

445B.260 .......................................... Monitoring systems: Components contracted for before September 11, 

1974.

09/16/76 01/12/06 

445B.261 .......................................... Monitoring systems: Adjustments ............................................................. 09/16/76 01/12/06 

445B.263 .......................................... Monitoring systems: Frequency of operation ............................................ 09/16/76 01/12/06 

445B.264 .......................................... Monitoring systems: Recordation of data ................................................. 08/22/00 01/12/06 

445B.265 .......................................... Monitoring systems: Records; reports ...................................................... 04/26/84 01/12/06 

We proposed to approve these 

regulations because we determined that 

they complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

regulations and our evaluation. 

On August 31, 2006 (71 FR 51793), 

EPA also proposed a limited approval 

and limited disapproval of the 

provisions listed in Table 2. 

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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 71487 

TABLE 2.—PROVISIONS PROPOSED FOR LIMITED APPROVAL/DISAPPROVAL

NAC No. NAC title Adopted Submitted 

445B.262 .......................................... Monitoring systems: Measurement of opacity .......................................... 09/18/03 01/12/06 

445B.267 .......................................... Alternative monitoring procedures or requirements .................................. 09/18/03 01/12/06 

We proposed a limited approval 

because we determined that these 

provisions improve the SIP and are 

largely consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval because, 

in certain respects, these provisions 

conflict with section 110 of the Act. 

Specifically, these provisions provide 

inappropriate Director’s discretion in 

NAC 445B.262, paragraph 1, and NAC 

445B.267, paragraph 1, which are 

discussed in greater detail in our 

proposed action. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received comments from 

Jennifer L. Carr and Michael Elges, 

Division of Environmental Protection, 

State of Nevada Department of 

Conservation & Natural Resources, by 

letter dated September 25, 2006. We 

summarize the comments and provide 

our responses in the paragraphs that 

follow. Note that some of the comments 

in the September 25, 2006 letter are 

directed only at a related EPA proposal 

published on August 28, 2006 (71 FR 

50875), and these comments will be 

addressed in a separate final action we 

expect to publish in the near future. 

Comment #1: The first comment from 

the Nevada Division of Environmental 

Protection (NDEP) indicates that our 

proposed rule should have identified 

two SIP revisions that have been 

submitted by NDEP in addition to the 

one dated January 12, 2006 and should 

have explained how they provide 

support for our proposed action on the 

monitoring and volatile organic 

compound (VOC) rules published on 

August 31, 2006. These two submittals 

include one dated February 16, 2005 

and another dated March 24, 2006. 

Response #1: We agree and provide a 

more complete discussion of the 

relevant SIP submittals below. 

On February 16, 2005, NDEP 

submitted a large revision to the 

applicable Nevada SIP. The February 

16, 2005 SIP submittal includes new 

and amended statutes and rules as well 

as requests for rescission of certain rules 

in the existing SIP. The February 16, 

2005 SIP submittal also contains 

documentation of public participation 

(i.e., notice and public hearing) and 

adoption for all of the submitted rules 

through the hearing on November 30, 

2004 held by the State Environmental 

Commission. 

On January 12, 2006, NDEP submitted 

an amended version of the February 16, 

2005 SIP submittal. The January 12, 

2006 SIP submittal contains updated 

regulatory materials including new and 

amended rules adopted by the State 

Environmental Commission on October 

4, 2005 but otherwise contains the same 

materials as the earlier submittal with 

the exception of the documentation of 

public participation. The January 12, 

2006 SIP submittal only contains 

documentation of public participation 

for rule amendments adopted by the 

State Environmental Commission on 

October 4, 2005 but did not re-submit 

the related documentation included in 

the earlier submittal. Therefore, the 

January 12, 2006 SIP submittal 

supersedes the earlier SIP revision 

submittal dated February 16, 2005 for 

all purposes except for the 

documentation of public participation 

for adoption dates from November 30, 

2004 and earlier. 

Our consideration of the rules 

submitted on January 12, 2006 and 

proposed for approval or limited 

approval on August 31, 2006 takes into 

account the public participation 

documentation contained in the earlier 

submittal (except, as noted, for the rules 

adopted on October 4, 2005 for which 

documentation was provided by NDEP 

in the January 12, 2006 SIP submittal). 

CAA section 110(l) requires reasonable 

notice and public hearing prior to 

adoption of SIP revisions by States for 

subsequent submittal to EPA for 

approval or disapproval under CAA 

section 110(k)(3). The public 

participation documentation provided 

by NDEP in the February 16, 2005 SIP 

submittal (and in the January 12, 2006 

SIP submittal package for the October 4, 

2005 rule amendments) is sufficient for 

the purposes of CAA section 110(l). 

NDEP’s SIP submittal dated March 24, 

2006 includes a definition of the term 

‘‘person’’ in section 0.039 of title 0—

Preliminary Chapter—General 

Provisions of the Nevada Revised 

Statutes (NRS). The general definition of 

‘‘person’’ in NRS 0.039 is the State’s 

basic definition of this term, and other 

statutory and regulatory provisions that 

cite ‘‘person’’ need only define the term 

for the specific purposes therein as 

necessary to add or subtract entities 

listed in the basic definition of ‘‘person’’

in NRS 0.039. We approved NRS 0.039, 

as submitted on March 24, 2006, and 

NRS 445.150 (‘‘Person’’), in a final rule 

published on August 31, 2006 (71 FR 

51766). NDEP’s submittal, and EPA’s 

approval, of the basic definition of 

‘‘person’’ in NRS 0.039 and the 

expanded definition of ‘‘person’’ for air 

pollution control purposes in NRS 

445B.150, together with NDEP’s 

submittal, and EPA’s approval, of NAC 

445B.134 (‘‘Person’’), which was 

included in the proposal finalized 

herein, provide the complete definition 

of ‘‘person’’ for the purposes of 

Nevada’s air pollution regulatory 

program. 

Comment #2: NDEP disagrees with 

EPA’s characterization that Nevada 

eliminated some terms in the definition 

of ‘‘person’’ and explains that the 

Nevada State Legislature created a basic 

definition of ‘‘person’’ and put it in the 

General Provisions chapter of the State 

statutes and that, together with that 

action, the NRS definition of ‘‘person’’

in the air control chapter (currently NRS 

445B) was revised to refer to the basic 

definition, not repeat it, and include 

only those additional terms that 

expanded the basic definition. NDEP 

also indicates that, on September 6, 

2006, the State Environmental 

Commission adopted amendments to 

the term ‘‘person’’ in NAC 445B.134 to 

refer directly to the basic definition in 

the General Provisions of the NRS and 

that NDEP expects to submit the 

amended definition to EPA in the near 

future. 

Response #2: EPA appreciates the 

distinction and understands that the 

complete definition of ‘‘person’’ for the 

purposes of Nevada’s air pollution 

regulatory program and as codified at 

NAC 445B.134, which was proposed for 

approval in our August 31, 2006 notice 

(71 FR 51793), relies on the basic 

definition in NRS 0.039 as expanded by 

the definition of ‘‘person’’ in NRS 

445B.150. We approved both NRS 0.039 

and NRS 445B.150 as a revision to the 

Nevada applicable SIP in a notice also 

published on August 31, 2006 (71 FR 

51766). 

EPA also appreciates the State’s effort 

to amend NAC 445B.134 to further 

clarify the reliance of the regulatory 

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71488 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 

definition of ‘‘person’’ on both the 

general definition in NRS 0.039, which 

NAC 445B.134 (as submitted on January 

12, 2006) does not cite, as well as the 

air-pollution-specific definition in NRS 

445B.150, which NAC 445B.134 (as 

submitted on January 12, 2006) does 

cite, and will take action on the 

amended definition when it is 

submitted. 

Comment #3: NDEP comments that 

EPA’s recommendation to revise the 

definition of ‘‘volatile organic 

compounds’’ in NAC 445B.202 by 

linking the related definition in the 

Code of Federal Regulations (CFR) to a 

particular date is unnecessary because 

NAC 445B.202 refers to the CFR 

definition as adopted by reference in 

NAC 445B.221, which contains a 

specific date for the CFR definition. 

Response #3: We agree that amending 

NAC 445B.202 to include a specific date 

for the cited CFR definition is 

unnecessary given the link in NAC 

445B.202 to NAC 445B.221 where such 

a date is specified. 

Comments #4: NDEP indicates that 

several minor clarifications and 

editorial corrections suggested by EPA 

were adopted into the NAC by the State 

Environmental Commission on 

September 6, 2006 and will be 

submitted in the near future. 

Response #4: We appreciate these 

revisions, and will take action when 

they are submitted to EPA. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rules as 

described in our proposed action. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, EPA is 

finalizing the approval of the provisions 

listed in Table 1 and also finalizing the 

limited approval of the provisions listed 

in Table 2. This action incorporates the 

submitted rules into the Nevada SIP, 

including those provisions identified as 

deficient. As authorized under section 

110(k)(3), EPA is simultaneously 

finalizing a limited disapproval of the 

rules listed in Table 2. EPA 

recommends that Nevada revise the 

deficient provisions to exclude the 

director’s discretion conditions. No 

sanctions are associated with this action 

because this is not a required submittal. 

Note that the submitted provisions 

have all been adopted by the State 

Environmental Commission, and EPA’s 

final limited disapproval does not 

prevent EPA or the state agency from 

enforcing them. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state rules as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves state rules implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit 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 United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a major rule as 

defined by 5 U.S.C. 804(2). 

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 February 9, 2007. 

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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 2, 2006. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 71489 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraph (c)(56)(i) (A)(5), (6), 

and (7) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(56) * * * 

(i) * * * 

(A) * * * 

(5) The following sections of the 

Nevada Air Quality Regulations were 

adopted on the dates listed below and 

recodified as Chapter 445B of the 

Nevada Administrative Code in 

November 1994: 

(i) September 16, 1976: 445B.134, 

445B.257, 445B.258, 445B.259, 

445B.260, 445B.261, and 445B.263. 

(6) The following sections of Chapter 

445 of the Nevada Administrative Code 

were adopted on the dates listed below 

and recodified as Chapter 445B of the 

Nevada Administrative Code in 

November 1994: 

(i) April 26, 1984: 445B.265. 

(ii) November 3, 1993: 445B.084. 

(iii) March 3, 1994: 445B.202. 

(7) The following sections of Chapter 

445B of the Nevada Administrative 

Code were adopted on the dates listed 

below: 

(i) October 3, 1995: 445B.015, 

445B.062, and 445B.256. 

(ii) August 22, 2000: 445B.264. 

(iii) September 18, 2003: 445B.262 

and 445B.267. 

(iv) October 4, 2005: 445B.063, 

445B.153, and 445B.22093. 

* * * * * 

[FR Doc. E6–20895 Filed 12–8–06; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R01–OAR–2006–OAR–0226; FRL–

8253–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Maine; 

Redesignation of the Portland, Maine 

and the Hancock, Knox, Lincoln and 

Waldo Counties, Maine Ozone 

Nonattainment Areas to Attainment 

and Approval of These Areas’

Maintenance Plans 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a 

redesignation request and a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine. The 

Maine Department of Environmental 

Protection (ME DEP) is requesting that 

the Portland, Maine and the Hancock, 

Knox, Lincoln and Waldo Counties, 

Maine (also known as the Midcoast 

area) ozone nonattainment areas be 

redesignated as attainment for the 8- 

hour ozone national ambient air quality 

standard (NAAQS). In conjunction with 

its redesignation request, the ME DEP 

submitted a SIP revision consisting of 

maintenance plans for the Portland, 

Maine and the Hancock, Knox, Lincoln 

and Waldo Counties, Maine areas that 

provide for continued attainment of the 

8-hour ozone NAAQS for the next 10 

years. EPA is approving the 

redesignation requests and the 

maintenance plan as revisions to the 

Maine SIP in accordance with the 

requirements of the Clean Air Act. EPA 

is also approving the motor vehicle 

emission budgets (MVEBs) that are 

identified in the 8-hour maintenance 

plan for these areas for purposes of 

transportation conformity. 

DATES: Effective Date: This rule is 

effective on January 10, 2007. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR–

2006–OAR–0226. All documents in the 

docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. Copies of the 

documents relevant to this action are 

also available for public inspection 

during normal business hours, by 

appointment at the Bureau of Air 

Quality Control, Department of 

Environmental Protection, First Floor of 

the Tyson Building, Augusta Mental 

Health Institute Complex, Augusta, ME 

04333–0017. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100 (CAQ), Boston, MA 02114–

2023, telephone number (617) 918–

1664, fax number (617) 918–0664, email Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 17, 2006 (71 FR 60937), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of Maine. 

The NPR proposed approval of Maine’s 

request to redesignate the Portland, 

Maine and the Hancock, Knox, Lincoln 

and Waldo Counties, Maine 8-hour 

ozone nonattainment areas and a SIP 

revision that establishes separate 

maintenance plans for these areas. The 

maintenance plans set forth how each 

area will maintain attainment of the 8- 

hour ozone NAAQS for the next 10 

years in accordance with Section 175A 

of the Clean Air Act (CAA). The NPR 

also proposed approval of the motor 

vehicle emission budgets (MVEBs) 

associated with the maintenance plans. 

The formal SIP revision was submitted 

by the ME DEP on August 3, 2006. Other 

specific requirements of Maine’s 

redesignation requests, the 175A 

maintenance plans, and the MVEBs, and 

the rationale for EPA’s proposed action 

are explained in the NPR and will not 

be restated here. No adverse public 

comments were received on the NPR, 

however, two commenters did discover 

minor typographical errors in the NPR. 

EPA agrees with these commenters that 

there were typographical errors in the 

NPR. Some of the values for monitored 

ozone levels were misstated in two 

tables in the NPR. These misstatements 

were minor, and did not affect EPA’s 

conclusions on the redesignation 

requests, that the design values for these 

areas qualify for redesignation. A 

response to comments document 

correcting the record was placed into 

the docket for this action. 

II. Final Action 

EPA is approving the State of Maine’s 

August 3, 2006 redesignation requests 

and maintenance plans for the Portland, 

Maine and the Hancock, Knox, Lincoln 

and Waldo Counties, Maine areas, 

because the requirements for approval 

have been satisfied for each area. EPA 

has evaluated Maine’s redesignation 

requests, and determined that they meet 

the redesignation criteria set forth in 

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