[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Proposed Rules]
[Page 66778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31035]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ME26-1-7263b; FRL-5345-8]


Approval and Promulgation of Implementation Plans; Maine; 
NO<INF>X Exemption Request for Northern Maine and NO<INF>X Control 
Approval

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is approving, through direct final rulemaking 
procedures, a limited exemption request from the requirements contained 
in Section 182(f) of the Clean Air Act (Act) for the Northern Maine 
area (specifically, Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
Washington, Aroostook, Hancock and Waldo Counties). These 9 counties, 
as with the rest of the State of Maine, are part of the Ozone Transport 
Region (OTR) as provided for in section 184(a) of the Clean Air Act. 
Section 182(f) in combination with section 184 (relating to ozone 
transport regions) of the Act requires States in the OTR, such as 
Maine, to adopt reasonably available control technology (RACT) rules 
for major stationary sources of nitrogen oxides (NO<INF>X) and to 
provide for nonattainment area new source review (NSR) for new sources 
and modifications that are major for NO<INF>X. This exemption request, 
submitted by the State of Maine on September 7, 1995, is based on a 
demonstration that NO<INF>X emissions in this 9 county area are not 
impacting Maine's moderate nonattainment areas or other nonattainment 
areas in the Ozone Transport Region (OTR) during times when elevated 
ozone levels are monitored in those areas. As such, additional 
reductions in NO<INF>X emissions from these 9 counties beyond what the 
State regulations would provide for are not necessary for attainment in 
these areas, and, because they do not contribute to the ozone problem 
anywhere in the OTR, are also not necessary for purposes of showing 
future attainment for any other area in the OTR. Thus, as provided for 
in section 182(f)(2), additional NO<INF>X reductions in these areas 
would constitute excess reductions that can be waived under the Clean 
Air Act. Maine has requested that EPA combine its approval of this 
NO<INF>X exemption with its approval of NO<INF>X controls for existing 
sources in Northern Maine that were submitted to EPA on August 5, 1994 
for purposes of meeting the Act's NO<INF>X RACT requirements. 
Consequently, this action approves a full exemption from nonattainment 
NSR requirements for NO<INF>X, but only a limited exemption from 
NO<INF>X control measures for existing sources that would go beyond 
what the State regulations provide for.
    In the Final Rules Section of this Federal Register, EPA is 
approving this exemption request and limited NO<INF>X controls for this 
area as a direct final rule without prior proposal. A detailed 
rationale for the approval is set forth in the direct final rule. This 
direct final rule also includes EPA's response to several comments 
submitted by groups on past NO<INF>X exemption requests. If no 
additional adverse comments are received in response to the direct 
final rule, no further activity is contemplated in relation to this 
proposed rule. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

DATES: Comments on this action must be received by January 25, 1996.

ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director, 
Office of Ecosystem Protection, U.S. Environmental Protection Agency, 
Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State 
submittal and EPA's technical support document are available for public 
inspection during normal business hours, by appointment at the Office 
of Ecosystem Protection, U.S. Environmental Protection Agency, Region 
I, One Congress Street, 10th floor, Boston, MA and the Bureau of Air 
Quality Control, Department of Environmental Protection, 71 Hospital 
Street, Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Robert C. Judge, Environmental 
Engineer, Air Quality Planning (ATS), United States Environmental 
Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203. 
(617) 565-4874.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule published in the Rules Section of this Federal Register.

    Authority: 42 U.S.C. 4201-7601q

    Dated: December 1, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-31035 Filed 12-22-95; 8:45 am]
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