[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2885-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-736]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[ME-5-1-6684; A-1-FRL-5127-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Presque Isle Attainment Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is approving revisions to the State implementation 
plan (SIP) submitted by the State of Maine to satisfy certain federal 
requirements for the Presque Isle nonattainment area. The purpose of 
the federal requirements is to bring about the attainment of the 
national ambient air quality standard (NAAQS) for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM10). In addition, EPA is modifying the borders of the 
Presque Isle nonattainment area to more closely contain the actual area 
where PM10 concentrations approach ambient standards. EPA also is 
approving an update of Maine's emergency episode regulation applicable 
statewide. This action is being taken under the Implementation Plans 
Section of the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on February 13, 1995.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection by appointment during normal business 
hours at the Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region I, One Congress Street, 10th 
floor, Boston, MA 02203; the Air and Radiation Docket and Information 
Center, U.S. Environmental Protection Agency, 401 M Street, S.W., (LE-
131), Washington, DC 20460; and the Bureau of Air Quality Control, 
Department of Environmental Protection, 71 Hospital Street, Augusta, ME 
04333.

 [[Page 2886]] FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns, 
(617) 565-4982.

SUPPLEMENTARY INFORMATION: On May 10, 1994 (59 FR 24096-24100), EPA 
published a Notice of Proposed Rulemaking (NPR) for the State of Maine. 
The NPR proposed approval of Presque Isle's PM10 attainment plan which 
Maine submitted as a formal SIP revision on August 14, 1991. This 
submittal also included a request to modify the borders of the Presque 
Isle nonattainment area. In addition, Maine submitted revisions to the 
emergency episode regulations on October 22, 1991. These submittals 
complete the attainment plan for Presque Isle by meeting the applicable 
requirements--which were due to EPA by November 15, 1991--to 
demonstrate attainment of the PM10 NAAQS by December 31, 1994 and 
maintenance of that standard for three years beyond that. These 
requirements are outlined in Part D, Subparts 1 and 4 of the Act and 
elaborated upon in EPA's ``General Preamble for the Implementation of 
Title I of the Clean Air Act'' [see generally 57 FR 13498 (April 16, 
1992) and 57 FR 18070 (April 28, 1992)]. Specific requirements and the 
rationale for EPA's proposed action are detailed and explained in the 
NPR and will not be restated here. No public comments were received on 
the NPR. Interested parties should consult the NPR, the Technical 
Support Document (TSD) dated January 2, 1994, or Maine's submission for 
details on the aspects of the Presque Isle SIP.

Maine's SIP Revision

    The PM10 control measures contained in the SIP are embodied in Part 
B of a memorandum of understanding (MOU) which the Maine Department of 
Environmental Protection (DEP) entered into on March 11, 1991, with the 
City of Presque Isle and the Maine Department of Transportation. This 
MOU is included in Maine's submission, will be approved into the SIP, 
and therefore becomes enforceable by EPA. Under the MOU, the city must 
use improved (i.e., low entrainment) antiskid materials on its roads. 
Between December 1 and May 1 each year, as a surrogate for PM10 
emission limitations, the city must also maintain silt loadings on dry 
roads below 10 g/m2. Part B lists the streets where these requirements 
apply. DEP or EPA may require Presque Isle to test antiskid material 
stockpiles by methods prescribed in Part B, keep records, and report 
records and test results. Part B also specifies the method DEP must use 
to determine compliance by the city with the silt loading limit.
    DEP has also revised its Chapter 109 ``Emergency Episode 
Regulation.'' The regulation now contains the PM10 alert, warning, and 
emergency levels that appear in EPA's ``Example Regulations for 
Prevention of Air Pollution Emergency Episodes'' (Appendix L to part 
51). The regulation continues to apply statewide and with its adoption 
DEP has met all section 110 requirements that currently apply to the 
Presque Isle PM10 nonattainment area.
    Lastly, DEP's submission includes a request that EPA change the 
present borders of the nonattainment area. The present nonattainment 
area consists of township boundaries enclosing 80 square miles. The new 
area will comprise a series of streets bounding an area of roughly 0.6 
square miles. EPA believes it is appropriate because these new borders 
more closely contain the actual area where PM10 concentrations approach 
ambient standards.

Final Action

    The EPA is approving the plan revisions submitted to EPA for the 
Presque Isle nonattainment area on August 14, 1991. These revisions 
include Part B of a memorandum of understanding which DEP entered into 
on March 11, 1991 with the City of Presque Isle and the Maine Dept of 
Transportation. This MOU imposes RACM. In addition these revisions to 
the SIP include an update to Chapter 109, ``Emergency Episode 
Regulations,'' effective and applicable statewide on September 16, 
1991. EPA is also altering the boundaries of the Presque Isle PM10 
nonattainment area, as requested by DEP, to more closely contain the 
actual area where PM10 concentrations approach ambient standards. Among 
other things, the State of Maine has demonstrated that the Presque Isle 
moderate PM10 nonattainment area will attain the PM10 NAAQS by December 
31, 1994 and maintain air quality levels below the NAAQS at least until 
January 1, 1998.
    As noted in the NPR, contingency measures for the Presque Isle 
nonattainment area were not due to EPA until November 15, 1993. Maine 
submitted this attainment plan to EPA on August 14, 1991 and 
contingency measures were not a part of the attainment plan. On June 1, 
1994, Maine submitted to EPA a request to redesignate Presque Isle to 
attainment; this redesignation request included the contingency 
measures required both of the initial moderate PM10 nonattainment areas 
and for redesignation. EPA is processing this attainment plan and the 
recently submitted redesignation request (including the contingency 
measures) in separate rulemaking notices. EPA will determine the 
adequacy of any such submittal as appropriate and act on those 
submittals in separate actions.
    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 CAA 
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, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the federal-state relationship under the CAA, 
preparation of a regulatory flexibility analysis would constitute 
federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. USEPA, 427 U.S. 246, 256-66 (S.Ct. 1976); 42 
U.S.C. 7410 (a)(2).
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions from the requirement of 
section 3 of Executive Order 12291 for a period of two years. The U.S. 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on U.S. EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any State implementation plan. Each request for revision to 
the State implementation plan shall be considered separately in 
[[Page 2887]] light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    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 March 13, 1995. 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Maine was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: December 4, 1994.
John P. DeVillars,
Regional Administrator, Region I.

    Parts 52 and 81 of chapter I, title 40 of the Code of Federal 
Regulations are 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.

Subpart U--Maine

    2. Section 52.1020 is amended by adding paragraph (c)(28) to read 
as follows:


Sec. 52.1020  Identification of plan.

* * * * *
    (c) * * *
    (28) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 14 and October 
22, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated August 14 and October 22, 1991 submitting revisions to the Maine 
State Implementation Plan.
    (B) Revisions to Chapter 109 of the Maine Department of 
Environmental Protection Regulations, ``Emergency Episode 
Regulations,'' effective in the State of Maine on September 16, 1991.
    (C) Part B of the Memorandum of Understanding which the Maine 
Department of Environmental Protection (DEP) entered into (and 
effective) on March 11, 1991, with the City of Presque Isle, and the 
Maine Department of Transportation.
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines Maine's 
control strategy for attainment of the PM10 NAAQS and implements and 
meets RACM and RACT requirements for Presque Isle.
    (B) Nonregulatory portions of the submittal.
* * * * *
    3. In Sec. 52.1031 table 52.1031 is amended by adding a new 
citation to entry ``109'' to read as follows:


Sec. 52.1031  EPA-approved Maine regulations.

* * * * *

                                                   Table 52.1031.--EPA-Approved Rules and Regulations                                                   
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                                                  Date                                                                                                  
   State citation          Title/subject       adopted by    Date approved by EPA       Federal Register         52.1020               Comments         
                                                 state                                      citation                                                    
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                         *                *                *                *                *                *                *                        
109.................  Emergency Episode           8/14/91  Jan. 12, 1995...........  [Insert FR citation    (c)28...........  Revisions which           
                       Regulation.                                                    from published date].                    incorporate the PM10     
                                                                                                                               alert, warning, and      
                                                                                                                               emergency levels.        
                                                                                                                                                        
                                                                                                                                                        
                         *                *                *                *                *                *                *                        
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PART 81--[AMENDED]

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

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

    2. Section 81.320 is amended by revising the table for ``Maine.--
PM10 Nonattainment Areas'' to read as follows:


Sec. 81.320  Maine.

* * * * *

                                         Maine--PM10 Nonattainment Areas                                        
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                                                            Designation                     Classification      
               Designated area                ------------------------------------------------------------------
                                                   Date               Type                Date          Type    
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Aroostook County:                                                                                               
    City of Presque Isle (part)\1\. That area     11/15/90  Nonattainment...........     11/15/90  Moderate.    
     bounded by Allen Street from its                                                                           
     intersection with Main Street east to                                                                      
     Dudley Street, Dudley Street south to                                                                      
     Cedar Street, Cedar Street west to Main                                                                    
     Street, Main Street south to Kennedy                                                                       
     Brook, Kennedy Brook northwest crossing                                                                    
     Presque Isle Stream to Coburn Street,                                                                      
     Coburn Street northwest to Mechanic                                                                        
     Street, Mechanic Street west to Judd                                                                       
     Street, Judd Street northeast to State                                                                     
     Street, State Street northwest to School                                                                   
     Street, School Street northeast to Park                                                                    
     Street, Park Street east to Main Street.                                                                   
[[Page 2888]]                                                                                                   
                                                                                                                
    Rest of                                       11/15/90  Unclassifiable..........                            
     State..............................                                                                        
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\1\This definition of the nonattainment area redefines its borders from the entire City of Presque Isle to this 
  area of 0.6 square miles which circumscribe the area of high emission densities and ambient PM10 levels.      
  (January 12, 1995 and FR citation from published date.)                                                       

[FR Doc. 95-736 Filed 1-11-95; 8:45 am]
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