Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9081

FOR FURTHER INFORMATION CONTACT: Mr.

Samuel R. Mitz at (214) 665–8370.

SUPPLEMENTARY INFORMATION: On page

53642, the third column, under

§ 52.970(c)(69)(i)(A), paragraph (A) is

corrected to read:

(A) Revisions to Regulation Louisiana

Administrative Code 33:III.Chapter 5,

Section 509, effective February 20, 1995:

Section B. Definitions: Baseline Date;

Section B. Definitions: Net Emissions

Increase; Section D. Ambient Air

Increments; Section I.8.a.; Section K.2;

and Section P.4.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, is therefore not subject to review by

the Office of Management and Budget.

In addition, this action does not impose

any enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(P.L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or involve

special consideration of environmental

justice related issues as required by

Executive Order 12898 (59 FR 7629,

February 16, 1994).

Because this action is not subject to

notice-and-comment requirements

under the Administrative Procedure Act

or any other statute, it is not subject to

the provisions of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.).

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 this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

Authority: 42 U.S.C. 7401–7671q.

Dated: February 11, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–4964 Filed 2–27–97; 8:45 am]

BILLING CODE 6560–50–P

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
9082 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations

1Also Section 172(c)(7) of the Act requires that

plan provisions for nonattainment areas meet the

applicable provisions of section 110(a)(2).

2Memorandum 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.

3Memorandum 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.

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.

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.

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.
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 9083

4Memorandum 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.

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

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]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total

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]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total

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]

NAA Area source

emissions

Point

source

emissions

On-road

mobile

emissions

Non-road

mobile

emissions

Biogenic Total

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.
9084 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations

5Memorandum 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.

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 HW 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:
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 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)]

Sector 1993

attain

1996

proj.

2006

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)]

Sector 1993

attain

1996

proj.

2006

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
9086 Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations

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 costeffective 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:

§ 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
Federal Register / Vol. 62, No. 40 / Friday, February 28, 1997 / Rules and Regulations 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 § 81.320 the ‘‘Maine-Ozone’’

table is amended by revising the entry

for ‘‘Hancock County and Waldo County

Area’’ to read as follows:

§ 81.320 Maine.

* * * * *

MAINE—OZONE

Designated area

Designation Classification

Date 1 Type Date 1 Type

* * * * * * *

Hancock County and Waldo County Area:

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

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

* * * * * * *

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

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

BILLING CODE 6560–50–P

40 CFR Part 63

[AD–FRL–5695–9]

RIN 2060–AD93

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Gasoline Distribution

(Stage I)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule: amendments.

SUMMARY: The EPA is promulgating, as

a direct final rule, amendments to the

‘‘National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Gasoline Distribution (Stage

I)’’ (the ‘‘Gasoline Distribution

NESHAP’’). These amendments

implement a proposed settlement

agreement with the American Petroleum

Institute noticed for comment on

November 15, 1996 regarding

improvements in the screening

equations for determining applicability

of the Gasoline Distribution NESHAP.

This action also addresses some

clarifications to the NESHAP that were

requested by other parties. These

clarifications do not change the level of

the standards or the intent of the

NESHAP promulgated in 1994.

In the proposed rules section of this

Federal Register, the EPA is proposing

a rule that is identical to this direct final

rule. If significant, adverse comments

are received on the proposed rule by the

due date (see DATES section below), this

direct final rule will be withdrawn and

all such comments will be addressed in

a subsequent final rule based on the

proposed rule. If no significant, adverse

comments are timely received on the

proposed rule, then the direct final rule

remains effective upon publication, and

no further action is contemplated on the

parallel proposal published today.

DATES: This rule is effective April 14,

1997, unless adverse comments are

received by March 31, 1997. If adverse

comments are received, the EPA will

publish timely notice in the Federal

Register withdrawing the direct final

rule.

Judicial Review. Under section

307(b)(1) of the Clean Air Act (Act),

judicial review of NESHAP is available

only by filing a petition for review in

the U.S. Court of Appeals for the District

of Columbia Circuit within 60 days of

today’s publication of these direct final

amendments. Under section 307(b)(2) of

the Act, the requirements that are the

subject of today’s notice may not be

challenged later in civil or criminal

proceedings brought by the EPA to

enforce these requirements.

ADDRESSES: Docket. Docket No. A–92–

38, category VIII 1997 Amendments,

containing information considered by

the EPA in developing the final

amendments, is available for public

inspection and copying between 8:00

a.m. and 5:30 p.m., Monday through

Friday, except for Federal holidays, at

the EPA’s Air and Radiation Docket and

Information Center, room M1500, U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, DC 20460;

telephone (202) 260–7548. A reasonable

fee may be charged for copying. This

docket also contains information

considered by the EPA in proposing and

promulgating the original Gasoline

Distribution NESHAP.

FOR FURTHER INFORMATION CONTACT: For

information concerning applicability

and rule determinations, contact the

appropriate EPA regional or Office of

Enforcement and Compliance Assurance

(OECA) representative:

Region I: Greg Roscoe, Air Programs

Enforcement Office Chief, U.S. EPA,

Region I, JFK Federal Building (SEA),

Boston, MA 02203, Telephone

number (617) 565–3221

Region II: Kenneth Eng, Air Compliance

Branch Chief, U.S. EPA, Region II, 290

Broadway, New York, NY 10007,

Telephone number (212) 637–4080,

Fax number (212) 637–3998

Region III: Walter K. Wilkie, U.S. EPA,

Region III (3AT12), 841 Chestnut

Building, Philadelphia, PA 19107,

Telephone number (215) 566–2150,

Fax number (215) 566–2114

Region IV: Lee Page, U.S. EPA, Region

IV (AR–4), 100 Alabama Street, SW,

Atlanta, GA 30303–3104, Telephone

number (404) 562–9131, Fax number

(404) 562–9095