56970 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

through related accounting conventions. 

Values may be historic or projected. 

However, you may rely on projected values 

only to the extent that they remain consistent 

with your documentation. 

(4) Calculating percentage value of U.S.- 

origin items. To determine the percentage 

value of U.S-origin controlled content 

incorporated in, commingled with, or 

‘‘bundled’’ with the foreign produced item, 

divide the total value of the U.S.-origin 

controlled content by the foreign-made item 

value, then multiply the resulting number 

times 100. If the percentage value of 

incorporated U.S.-origin items is equal to or 

less than the de minimis level described in 

§ 734.4 of the EAR, then the foreign-made 

item is not subject to the EAR. 

(b) One-time report. As stated in 

paragraphs (c) and (d) of § 734.4, a one-time 

report is required before reliance on the de 

minimis rules for technology. The purpose of 

the report is solely to permit the U.S. 

Government to evaluate whether U.S. content 

calculations were performed correctly. 

(1) Contents of report. You must include in 

your report a description of the scope and 

nature of the foreign technology that is the 

subject of the report and a description of its 

fair market value, along with the rationale 

and basis for the valuation of such foreign 

technology. Your report must indicate the 

country of destination for the foreign 

technology reexports when the U.S.-origin 

controlled content exceeds 10%, so that BIS 

can evaluate whether the U.S.-origin 

controlled content was correctly identified 

based on paragraph (a)(1) of this Supplement. 

The report does not require information 

regarding the end-use or end-users of the 

reexported foreign technology. You must 

include in your report the name, title, 

address, telephone number, E-mail address, 

and facsimile number of the person BIS may 

contact concerning your report. 

(2) Submission of report. You must submit 

your report to BIS using one of the following 

methods: 

(i) E-mail: rpd2@bis.doc.gov; 

(ii) Fax: (202) 482–3355; or 

(iii) Mail or Hand Delivery/Courier: 

Regulatory Policy Division, U.S. Department 

of Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 14th 

and Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230. 

(3) Report and wait. If you have not been 

contacted by BIS concerning your report 

within thirty days after filing the report with 

BIS, you may rely upon the calculations 

described in the report unless and until BIS 

contacts you and instructs you otherwise. BIS 

may contact you with questions concerning 

your report or to indicate that BIS does not 

accept the assumptions or rationale for your 

calculations. If you receive such a contact or 

communication from BIS within thirty days 

after filing the report with BIS, you may not 

rely upon the calculations described in the 

report, and may not use the de minimis rules 

for technology that are described in § 734.4 

of this part, until BIS has indicated that such 

calculations were performed correctly. 

PART 736—[AMENDED] 

■ 11. The authority citation for 15 CFR 

part 736 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp. p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13338, 69 FR 26751, May 13, 2004; Notice of 

July 23, 2008, 73 FR 43603 (July 25, 2008); 

Notice of November 8, 2007, 72 FR 63963 

(November 13, 2007). 

■ 12. Section 736.2 is amended by 

revising the heading of paragraph (b)(2) 

and the introductory paragraph to 

(b)(2)(i) to read as follows: 

§ 736.2 General Prohibitions and 

Determination of Applicability. 

* * * * * 

(b) * * * 

(2) General Prohibition Two— 

Reexport and export from abroad of 

foreign-made items incorporating more 

than a de minimis amount of controlled 

U.S. content (U.S. Content Reexports). 

(i) You may not, without a license or 

license exception, reexport or export 

from abroad foreign-made commodities 

that incorporate controlled U.S.-origin 

commodities, foreign-made 

commodities that are ‘‘bundled’’ with 

controlled U.S.-origin software, foreignmade software that is commingled with 

controlled U.S.-origin software, or 

foreign-made technology that is 

commingled with controlled U.S.-origin 

technology if such items require a 

license according to any of the 

provisions in the EAR and incorporate 

or are commingled with more than a de 

minimis amount of controlled U.S. 

content, as defined in § 734.4 of the EAR 

concerning the scope of the EAR. 

* * * * * 

PART 762—[AMENDED] 

■ 13. The authority citation for 15 CFR 

part 762 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of July 23, 

2008, 73 FR 43603 (July 25, 2008). 

■ 14. Section 762.2 is amended by: 

■ a. Revising paragraphs (b)(44) and 

(b)(45); and 

■ b. Adding a new paragraph (b)(46), to 

read as follows: 

§ 762.2 Records to be retained. 

* * * * * 

(b) * * * 

(44) § 745.2, End-use certificates; 

(45) § 758.2(c), Assumption writing; 

and 

(46) § 734.4(g), de minimis calculation 

(method). 

* * * * * 

PART 774—[AMENDED] 

■ 15. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 

22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of July 23, 2008, 73 FR 

43603 (July 25, 2008). 

■ 16. Supplement No. 3 to part 774 is 

amended by revising Note 2 to read as 

follows: 

SUPPLEMENT NO. 3 TO PART 774— 

STATEMENTS OF UNDERSTANDING 

* * * * * 

Notes applicable to State of Understanding 

related to Medical Equipment: 

* * * * * 

(2) Commodities or software are considered 

‘‘incorporated’’ if the commodity or software 

is: Essential to the functioning of the medical 

equipment; customarily included in the sale 

of the medical equipment; and exported or 

reexported with the medical equipment. 

* * * * * 

Dated: September 25, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E8–23142 Filed 9–30–08; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[ME–064–7013a; A–1–FRL–8719–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Revised 

Format for Materials Being 

Incorporated by Reference for Maine 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: EPA is revising the format of 

40 CFR part 52 for materials submitted 

by the State of Maine that are 

incorporated by reference (IBR) into its 

State Implementation Plan (SIP). The 

regulations affected by this format 

change have all been previously 

submitted by Maine and approved by 

EPA. 


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DATES: Effective Date: This rule is 

effective on October 1, 2008. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection 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. 

An electronic copy of the Maine 

regulations we have approved for 

incorporation into the SIP are also 

available by accessing http:// 

www.epa.gov/ne/topics/air/sips.html. A 

hard copy of the regulatory and sourcespecific portions of the compilation will 

also be maintained at the Air and 

Radiation Docket and Information 

Center, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC 20460 and the National 

Archives and Records Administration 

(NARA). If you wish to obtain materials 

from a docket in the EPA Headquarters 

Library, please call the Office of Air and 

Radiation (OAR) Docket/Telephone 

number (202) 566–1742. For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, 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) 918–1668, fax 

number (617) 918–0668, e-mail 

cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Change of IBR Format 

A. Description of a SIP 

B. How EPA Enforces the SIP 

C. How the State and EPA Update the SIP 

D. How EPA Compiles the SIP 

E. How EPA Organizes the SIP Compilation 

F. Where You Can Find a Copy of the SIP 

Compilation 

G. The Format of the New Identification of 

Plan Section 

H. When a SIP Revision Becomes Federally 

Enforceable 

I. The Historical Record of SIP Revision 

Approvals 

II. What EPA is Doing in This Action 

III. Good Cause Exemption 

IV. Statutory and Executive Order Reviews 

A. General Requirements 

B. Submission to Congress and the 

Comptroller General 

C. Petitions for Judicial Review 

I. Change of IBR Format 

This format revision will affect the 

‘‘Identification of plan’’ section of 40 

CFR part 52, as well as the format of the 

SIP materials that will be available for 

public inspection at the National 

Archives and Records Administration 

(NARA); the Air and Radiation Docket 

and Information Center located at EPA 

Headquarters in Washington, DC, and 

the EPA New England Regional Office. 

A. Description of a SIP 

Each state has a SIP containing the 

control measures and strategies used to 

attain and maintain the national 

ambient air quality standards (NAAQS) 

and achieve certain other Clean Air Act 

(Act) requirements (e.g., visibility 

requirements and prevention of 

significant deterioration). The SIP is 

extensive, containing such elements as 

air pollution control regulations, 

emission inventories, monitoring 

network descriptions, attainment 

demonstrations, and enforcement 

mechanisms. 

B. How EPA Enforces the SIP 

Each SIP revision submitted by Maine 

must be adopted at the state level after 

undergoing reasonable notice and 

opportunity for public comment. SIPs 

submitted to EPA to attain or maintain 

the NAAQS must include enforceable 

emission limitations and other control 

measures, schedules and timetables for 

compliance. 

EPA evaluates submitted SIPs to 

determine if they meet the Act’s 

requirements. If a SIP meets the Act’s 

requirements, EPA will approve the SIP. 

EPA’s notice of approval is published in 

the Federal Register and the approval is 

then codified in the Code of Federal 

Regulations (CFR) at 40 CFR part 52. 

Once EPA approves a SIP, it is 

enforceable by EPA and citizens in 

Federal district court. 

We do not reproduce in 40 CFR part 

52 the full text of the Maine regulations 

that we have approved; instead, we 

incorporate them by reference (‘‘IBR’’). 

We approve a given state regulation 

with a specific effective date and then 

refer the public to the location(s) of the 

full text version of the state regulation(s) 

should they want to know which 

measures are contained in a given SIP 

(see ‘‘I.F. Where You Can Find a Copy 

of the SIP Compilation’’). 

C. How the State and EPA Update the 

SIP 

The SIP is a living document which 

the state can revise as necessary to 

address the unique air pollution 

problems in the state. Therefore, EPA 

from time to time must take action on 

SIP revisions containing new and/or 

revised regulations. 

On May 22, 1997 (62 FR 27968), EPA 

announced revised procedures for 

incorporating by reference federally 

approved SIPs. The procedures 

announced included: (1) A new process 

for incorporating by reference material 

submitted by states into compilations 

and a process for updating those 

compilations on roughly an annual 

basis; (2) a revised mechanism for 

announcing EPA approval of revisions 

to an applicable SIP and updating both 

the compilations and the CFR; and (3) 

a revised format for the ‘‘Identification 

of plan’’ sections for each applicable 

subpart to reflect these revised IBR 

procedures. 

D. How EPA Compiles the SIP 

We have organized into a compilation 

the federally-approved regulations, 

source-specific requirements and 

nonregulatory provisions we have 

approved into the SIP. We maintain 

hard copies of the compilation in 

binders and we primarily update these 

binders on an annual basis. 

E. How EPA Organizes the SIP 

Compilation 

Each compilation contains three parts. 

Part one contains the state regulations, 

part two contains the source-specific 

requirements that have been approved 

as part of the SIP (if any), and part three 

contains nonregulatory provisions that 

we have approved. Each compilation 

contains a table of identifying 

information for each regulation, each 

source-specific requirement, and each 

nonregulatory provision. The state 

effective dates in the tables indicate the 

date of the most recent revision to a 

particular regulation. The table of 

identifying information in the 

compilation corresponds to the table of 

contents published in 40 CFR part 52 for 

the state. The EPA Regional Offices have 

the primary responsibility for ensuring 

accuracy and updating the 

compilations. 

F. Where You Can Find a Copy of the 

SIP Compilation 

EPA New England developed and will 

maintain a hard copy of the compilation 

for Maine. An electronic copy of the 


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56972 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

Maine regulations we have approved are 

available on the following Web site: 

http://www.epa.gov/ne/topics/air/ 

sips.html. A hard copy of the regulatory 

and source-specific portions of the 

compilation will also be maintained at 

the Air and Radiation Docket and 

Information Center, EPA West Building, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC 20460; and 

National Archives and Records 

Administration (NARA). If you wish to 

obtain materials from a docket in the 

EPA Headquarters Library, please call 

the Office of Air and Radiation (OAR) 

Docket/Telephone number (202) 566– 

1742. For information on the availability 

of this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

G. The Format of the New Identification 

of Plan Section 

In order to better serve the public, 

EPA has revised the organization of the 

‘‘Identification of plan’’ section in 40 

CFR part 52 and included additional 

information to clarify the elements of 

the SIP. 

The revised Identification of plan 

section for Maine contains five 

subsections: 

1. Purpose and scope (see 40 CFR 

52.1020(a)); 

2. Incorporation by reference (see 40 

CFR 52.1020(b)); 

3. EPA-approved regulations (see 40 

CFR 52.1020(c)); 

4. EPA-approved source-specific 

requirements (see 40 CFR 52.1020(d)); 

and 

5. EPA-approved nonregulatory 

provisions such as transportation 

control measures, statutory provisions, 

monitoring networks, etc. (see 40 CFR 

52.1020(e)). 

H. When a SIP Revision Becomes 

Federally Enforceable 

All revisions to the applicable SIP are 

federally enforceable as of the effective 

date of EPA’s approval of the respective 

revisions. In general, SIP revisions 

become effective 30 to 60 days after 

publication of EPA’s SIP approval 

action in the Federal Register. In 

specific cases, a SIP revision action may 

become effective less than 30 days or 

greater than 60 days after the Federal 

Register publication date. In order to 

determine the effective date of EPA’s 

approval for a specific Maine SIP 

provision that is listed in paragraph 40 

CFR 52.1020 (c), (d), or (e), consult the 

volume and page of the Federal Register 

cited in the ‘‘EPA approval date’’ 

column of 40 CFR 52.1020 for that 

particular provision. 

I. The Historical Record of SIP Revision 

Approvals 

To facilitate enforcement of 

previously approved SIP provisions and 

to provide a smooth transition to the 

new SIP processing system, we are 

retaining the original Identification of 

plan section (see 40 CFR 52.1037). This 

section previously appeared at 40 CFR 

52.1020. After an initial two-year 

period, we will review our experience 

with the new table format and will 

decide whether or not to retain the 

original Identification of plan section 

(40 CFR 52.1037) for some further 

period. 

II. What EPA Is Doing in This Action 

Today’s action constitutes a 

‘‘housekeeping’’ exercise to reformat the 

codification of the EPA-approved Maine 

SIP. 

III. Good Cause Exemption 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon a finding of ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation, and section 

553(d)(3), which allows an agency to 

make a rule effective immediately 

(thereby avoiding the 30-day delayed 

effective date otherwise provided for in 

the APA). Today’s action simply 

reformats the codification of provisions 

which are already in effect as a matter 

of law. 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ Public comment is 

‘‘unnecessary’’ and ‘‘contrary to the 

public interest’’ since the codification 

only reflects existing law. Likewise, 

there is no purpose served by delaying 

the effective date of this action. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does 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), nor 

will it 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 rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This rule does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rules is 

discussed in previous actions taken on 

the State’s rules. 


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B. Submission to Congress and the 

Comptroller General 

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s action simply 

reformats the codification of provisions 

which are already in effect as a matter 

of law, 5 U.S.C. 808(2). As stated 

previously, EPA has made such a good 

cause finding, including the reasons 

therefore, and established an effective 

date of March 1, 2007. 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. These corrections 

to the Identification of plan for Maine is 

not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

C. Petitions for Judicial Review 

EPA has also determined that the 

provisions of section 307(b)(1) of the 

Clean Air Act pertaining to petitions for 

judicial review are not applicable to this 

action. Prior EPA rulemaking actions for 

each individual component of the 

Maine SIP compilation had previously 

afforded interested parties the 

opportunity to file a petition for judicial 

review in the United States Court of 

Appeals for the appropriate circuit 

within 60 days of such rulemaking 

action. Thus, EPA sees no need to 

reopen the 60-day period for filing such 

petitions for judicial review for this 

reorganization of the ‘‘Identification of 

plan’’ section of 40 CFR 52.1020 for 

Maine. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 17, 2008. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ Part 52 of chapter I, title 40, Code of 

Federal Regulations, is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. Section 52.1020 is redesignated as 

§ 52.1037 and the section heading and 

paragraph (a) are revised to read as 

follows: 

§ 52.1037 Original identification of plan 

section. 

(a) This section identifies the original 

‘‘Air Implementation Plan for the State 

of Maine’’ and all revisions submitted 

by Maine that were federally approved 

prior to September 1, 2008. 

* * * * * 

■ 3. A new § 52.1020 is added to read 

as follows: 

§ 52.1020 Identification of plan. 

(a) Purpose and scope. This section 

sets forth the applicable State 

Implementation Plan for Maine under 

section 110 of the Clean Air Act, 42 

U.S.C. 7410 and 40 CFR part 51 to meet 

national ambient air quality standards 

or other requirements under the Clean 

Air Act. 

(b) Incorporation by reference. (1) 

Material listed in paragraphs (c) and (d) 

of this section with an EPA approval 

date prior to September 1, 2008, was 

approved for incorporation by reference 

by the Director of the Federal Register 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. Material is incorporated 

as submitted by the state to EPA, and 

notice of any change in the material will 

be published in the Federal Register. 

Entries for paragraphs (c) and (d) of this 

section with EPA approval dates after 

September 1, 2008, will be incorporated 

by reference in the next update to the 

SIP compilation. 

(2) EPA Region 1 certifies that the 

rules/regulations provided by EPA in 

the SIP compilation at the addresses in 

paragraph (b)(3) of this section are an 

exact duplicate of the officially 

promulgated state rules/regulations 

which have been approved as part of the 

State Implementation Plan as of 

September 1, 2008. 

(3) Copies of the materials 

incorporated by reference may be 

inspected at the Environmental 

Protection Agency, New England 

Regional Office, One Congress Street, 

Suite 1100, Boston, MA 02114–2023; 

Air and Radiation Docket and 

Information Center, EPA West Building, 

1301 Constitution Ave., NW., 

Washington, DC 20460; and the 

National Archives and Records 

Administration (NARA). If you wish to 

obtain materials from a docket in the 

EPA Headquarters Library, please call 

the Office of Air and Radiation (OAR) 

Docket/Telephone number (202) 566– 

1742. For information on the availability 

of this material at NARA, call (202) 741– 

6030, or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(c) EPA approved regulations. 


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56974 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

EPA-APPROVED MAINE REGULATIONS

State citation Title/Subject 

State 

effective 

date 

EPA Approval Date 

EPA approval date 

and citation 1

Explanations 

Chapter 1 .................... Regulations for the Processing of Applications.05/20/1985 03/23/1993, 58 FR 

15422.

Portions of Chapter 1. EPA did 

not approve the following sections of Chapter One: Section 

1(A) through 1(Q), and 1(U) 

through 1(EE); Section 2; 

Section 4 (C) and (D); last 

sentence of Section 5(B); last 

sentence of Section 6(B); 

Section 6(D); Section 7(B)(1), 

(B)(2), and (B)(4) through 

(B)(11); Section 8(A), and 

8(E) through 8(L); Sections 9, 

10 and 11; Section 13; and 

Sections 15 and 16. 

Chapter 100 ................ Definitions .................................................... 12/01/2005 11/21/2007, 72 FR 

65462.

Chapter 101 ................ Visible Emissions ........................................ 10/10/1979 02/17/1982, 47 FR 

6829.

Chapter 102 ................ Open Burning .............................................. 03/17/2005 02/21/2008, 73 FR 

9459.

Chapter 103 ................ Fuel Burning Equipment Particular Emission Standard.01/24/1983 02/26/1985, 50 FR 

7770.

Chapter 104 ................ Incinerator Particulate Emission Standard .. 01/31/1972 05/31/1972, 37 FR 

10842.

Chapter 105 ................ General Process Source Particulate Emission Standard.01/31/1972 05/31/1972, 37 FR 

10842.

Chapter 106 ................ Low Sulfur Fuel Regulations ....................... 02/08/1978 01/08/1982, 47 FR 947.

Chapter 107 ................ Sulfur Dioxide Emission Standards for Sulfate Pulp Mills.01/31/1972 05/31/1972, 37 FR 

10842.

Chapter 109 ................ Emergency Episode Regulation .................. 08/14/1991 01/12/1995, 60 FR 

2885.

Chapter 110 ................ Ambient Air Quality Standards .................... 07/24/1996 03/22/2004, 69 FR 

13227.

Chapter 111 ................ Petroleum Liquid Storage Vapor Control .... 09/27/1989 02/03/1992, 57 FR 

3946.

Chapter 112 ................ Gasoline Bulk Terminals ............................. 07/19/1995 10/15/1996, 61 FR 

53636.

Chapter 113 ................ Growth Offset Regulation ............................ 06/22/1994 02/14/1996, 61 FR 

5690.

Chapter 114 ................ Classification of Air Quality Control Regions.04/27/1994 08/30/1995, 60 FR 

45056.

Revision to Remove Presque 

Isle as nonattainment for 

PM10. 

Chapter 115 ................ Emission License Regulation ...................... 06/22/1994 02/14/1996, 61 FR 

5690.

Chapter 116 ................ Prohibited Dispersion Techniques .............. 10/25/1989 03/23/1993, 58 FR 

15422.

Chapter 117 ................ Source Surveillance .................................... 08/09/1988 03/21/1989, 54 FR 

11524.

Chapter 118 ................ Gasoline Dispensing Facilities .................... 07/19/1995 10/15/1996, 61 FR 

53636.

Chapter 119 ................ Motor Vehicle Fuel Volatility Limit ............... 06/01/2000 03/06/2002, 67 FR 

10099.

Controls fuel volatility in the 

state. 7.8 psi RVP fuel required in 7 southern counties. 

Chapter 120 ................ Gasoline Tank Trucks ................................. 06/22/1994 06/29/1995, 60 FR 

33730.

Chapter 123 ................ Paper Coater Regulation ............................. 09/27/1989 02/03/1992, 57 FR 

3946.

The operating permits for S.D. 

Warren of Westbrook, Eastern 

Fine Paper of Brewer, and 

Pioneer Plastics of Auburn incorporated by reference at 40 

CFR § 52.1020 (c)(11), 

(c)(11), and (c)(18), respectively, are withdrawn. 

Chapter 126 ................ Capture Efficiency Test Procedures ........... 05/22/1991 03/22/1993, 58 FR 

15281.

Chapter 126 Appendix 

A.

Capture Efficiency Test Procedures ........... 05/22/1991 03/22/1993, 58 FR 

15281.

Appendix. 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56975 

EPA-APPROVED MAINE REGULATIONS—Continued 

State citation Title/Subject 

State 

effective 

date 

EPA Approval Date 

EPA approval date 

and citation 1

Explanations 

Chapter 127 and Appendix A.New Motor Vehicle Emission Standards ..... 12/31/2000 04/28/2005, 70 FR 

21959.

Including Appendix A. Low 

emission vehicle program, 

with no ZEV requirements. 

Program achieves 90% of full 

LEV benefits. Chapter 127 

Basis Statement included in 

the nonregulatory material. 

Chapter 129 ................ Surface Coating Facilities ........................... 01/06/1993 06/17/1994, 59 FR 

31154.

Chapter 129 Appendix 

A.

Surface Coating Facilities ........................... 01/06/1993 06/17/1994, 59 FR 

31154.

Appendix. 

Chapter 130 ................ Solvent Cleaners ......................................... 06/17/2004 05/26/2005, 70 FR 

30367.

Chapter 131 ................ Cutback and Emulsified Asphalt ................. 01/06/1993 06/17/1994, 59 FR 

31154.

Chapter 132 ................ Graphic Arts: Rotogravure and Flexography 01/06/1993 06/17/1994, 59 FR 

31154.

Chapter 132 Appendix 

A.

Graphic Arts: Rotogravure and Flexography 01/06/1993 06/17/1994, 59 FR 

31154.

Appendix. 

Chapter 133 ................ Gasoline Bulk Plants ................................... 06/22/1994 06/29/1995, 60 FR 

33730.

Chapter 134 ................ Reasonably Available Control Technology 

for Facilities that Emit Volatile Organic 

Compounds.

02/08/1995 04/18/2000, 65 FR 

20749.

Regulations fully approved for 

the following counties: York, 

Sagadahoc, Cumberland, 

Androscoggin, Kennebec, 

Knox, Lincoln, Hancock, 

Waldo, Aroostock, Franklin, 

Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. 

Chapter 137 ................ Emission Statements ................................... 07/06/2004 11/21/2007, 72 FR 

65462.

Revised to incorporate changes 

required by EPA’s consolidated emissions reporting 

rule. The entire rule is approved with the exception of 

HAP and greenhouse gas reporting requirements which 

were not included in the 

State’s SIP revision request. 

Chapter 138 ................ Reasonably Available Control Technology 

for Facilities that Emit Nitrogen Oxides.

08/03/1994 09/09/2002, 67 FR 

57148.

Affects sources in York, Cumberland, Sagadahoc, 

Androscoggin, Kennebec, Lincoln, and Knox counties. 

Chapter 139 ................ Transportation Conformity ........................... 09/19/2007 02/08/2008, 73 FR 

7465.

Chapter 141 ................ Conformity of General Federal Actions ....... 04/19/2007 02/20/2008, 73 FR 

9203.

Chapter 145 ................ NOX Control Program ................................. 06/21/2001 03/10/2005, 70 FR 

11879.

Chapter 148 ................ Emissions from Smaller-Scale Electric 

Generating Resources.

07/15/2004 05/26/2005, 70 FR 

30373.

Chapter 151 ................ Architectural and Industrial Maintenance 

(AIM) Coatings.

10/06/2005 03/17/2006, 71 FR 

13767.

Chapter 152 ................ Control of Emissions of Volatile Organic 

Compounds from Consumer Products.

08/19/2004 10/24/2005, 70 FR 

61382.

Chapter 153 ................ Mobile Equipment Repair and Refinishing .. 02/05/2004 05/26/2005, 70 FR 

30367.

Chapter 155 ................ Portable Fuel Container Spillage Control ... 07/14/2004 02/07/2005, 70 FR 

6352.

With the exception of the word 

‘‘or’’ in Subsection 7C which 

Maine did not submit as part 

of the SIP revision. 

Vehicle I/M .................. Vehicle Inspection and Maintenance .......... 07/09/1998 01/10/2001, 66 FR 

1871.

‘‘Maine Motor Vehicle Inspection 

Manual,’’ revised in 1998, 

pages 1–12 through 1–14, 

and page 2–14, D.1.g. 


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56976 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

EPA-APPROVED MAINE REGULATIONS—Continued 

State citation Title/Subject 

State 

effective 

date 

EPA Approval Date 

EPA approval date 

and citation 1

Explanations 

Vehicle I/M .................. Vehicle Inspection and Maintenance .......... 07/09/1998 01/10/2001, 66 FR 

1871.

Maine Motor Vehicle Inspection 

and Maintenance authorizing 

legislation effective July 9, 

1998 and entitled L.D. 2223, 

‘‘An Act to Reduce Air Pollution from Motor Vehicles and 

to Meet Requirements of the 

Federal Clean Air Act.’’ 

1 In order to determing the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

(d) EPA-approved State Source 

specific requirements. 

EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS

Name of source Permit number 

State 

effective 

date 

EPA approval date 2 Explanations 

Central Maine Power, W.F. 

Wyman Station, Cousins Island, Yarmouth, Maine.

Department Finding of Fact and 

Order Air Emission License.

01/01/1977 01/08/1982, 47 FR 947 .....

Lincoln Pulp and Paper Company, Kraft Pulp Mill, (Lincoln, 

Maine).

Air Emission License Renewal; 

and New License for No. 6 

Boiler.

03/09/1983 05/01/1985, 50 FR 18483

JJ Nissen Baking Company, 

Cumberland County, Portland 

Maine.

Air Emission License A–440– 

74–C–A.

02/27/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by Maine Department 

of Environmental Protection 

(ME DEP) on February 25, 

1997. 

Prime Tanning Company, York 

County, Berwick, Maine.

Air Emission License Amendment #5 A–376–72–E–A.03/23/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on July 

23, 1997. 

Prime Tanning Company, York 

County, Berwick, Maine.

Air Emission License Amendment #6 A–376–72–F–M.10/28/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on October 27, 1997. 

Portsmouth Naval Shipyard, 

York County, Kittery, Maine.

Air Emission License Amendment #4 A–452–71–F–M.07/25/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on July 

25, 1997. 

Dexter Shoe Company, Penobscot County, Dexter, Maine.Air Emission License A–175– 

72–H–A/R.

12/05/1996 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 5, 1996. 

Dexter Shoe Company, Penobscot County, Dexter, Maine.Air Emission License Amendment #1 A–175–71–I–M.10/22/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on October 20, 1997. 

Pioneer Plastics Corporation, 

Androscoggin County, Auburn, Maine.

Air Emission License Amendment #3 A–448–71–P–A.06/16/1997 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on June 

16, 1997. 

Georgia Pacific Corporation, 

Washington County, Woodland, Maine.

Air Emission License Minor 

Revision/ Amendment #10 

A–215–71–T–M.

01/05/1996 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on January 4, 1996. 

Champion International Corporation, Hancock County, 

Bucksport, Maine.

Air Emission License Amendment #5 A–22–71–K–A.01/19/1996 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on January 18, 1996. 

International Paper Company, 

Franklin County, Jay, Maine.

Air Emission License Amendment #8 A–203–71–R–A.10/04/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on October 4, 1995. 

International Paper Company, 

Franklin County, Jay, Maine.

Air Emission License Amendment #9 A–203–71–S–M.12/13/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 13, 1995. 

James River Corporation, Penobscot County, Old Town, 

Maine.

Air Emission License Minor 

Revision/ Amendment #6 A– 

180–71–R–M.

12/11/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 8, 1995. 

Lincoln Pulp and Paper Company, Penobscot County, Lincoln, Maine.Air Emission License Amendment #8 A–177–71–J–M.12/19/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 18, 1995. 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56977 

EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS—Continued 

Name of source Permit number 

State 

effective 

date 

EPA approval date 2 Explanations 

S.D. Warren Paper Company, 

Cumberland County, 

Westbrook, Maine.

Air Emission License Minor 

Revision/ Amendment #14 

A–29–71–Z–M.

12/19/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 18, 1995. 

S.D. Warren Paper Company, 

Somerset County, 

Skowhegan, Maine.

Air Emission License Amendment #14 A–19–71–W–M.10/04/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on October 4, 1995. 

S.D. Warren Paper Company, 

Somerset County, 

Skowhegan, Maine.

Air Emission License Amendment #15 A–19–71–Y–M.01/10/1996 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on January 9, 1996. 

Boise Cascade Corporation, Oxford County, Rumford, Maine.Air Emission License Amendment #11 A–214–71–X–A.12/21/1995 04/18/2000, 65 FR 20749 VOC RACT Determination 

issued by ME DEP on December 20, 1995. 

Bath Iron Works Corporation, 

Sagadahoc County, Bath, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #10 A– 

333–71–M–M.

04/11/2001 05/20/2002, 67 FR 35439 VOC RACT determination for 

Bath Iron Works. 

United Technologies Pratt & 

Whitney, York County, North 

Berwick, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #6 A– 

453–71–N–M.

04/26/2001 05/20/2002, 67 FR 35439 VOC RACT determination for 

Pratt & Whitney. 

United Technologies Pratt & 

Whitney, York County, North 

Berwick, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #7 A– 

453–71–O–M.

07/02/2001 05/20/2002, 67 FR 35439 VOC RACT determination for 

Pratt & Whitney. 

Moosehead Manufacturing 

Company, Piscataquis County, Dover-Foxcroft, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

338–71–F–M.

05/10/2001 05/20/2002, 67 FR 35439 VOC RACT determination for 

Moosehead Manufacturing’s 

Dover-Foxcroft plant. 

Moosehead Manufacturing 

Company, Piscataquis County, Monson, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

339–71–F–M.

05/10/2001 05/20/2002, 67 FR 35439 VOC RACT determination for 

Moosehead Manufacturing’s 

Monson plant. 

Central Maine Power Company, 

W.F. Wyman Station, Cumberland County, Yarmouth, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #1 A– 

388–71–C–A.

05/18/1995 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–388–71– 

C–A, Amendment #1, condition (q) for FPL Energy’s (formerly Central Maine Power) 

W.F. Wyman Station. 

Central Maine Power Company, 

W.F. Wyman Station, Cumberland County, Yarmouth, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #1 A– 

388–71–D–M.

02/16/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–388–71– 

D–M, amendment #1, conditions 19 and 23 for FPL Energy’s (formerly Central 

Maine Power) W.F. Wyman 

Station. 

Tree Free Fiber Company, LLC, 

Kennebec County, Augusta, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #1 A– 

195–71–G–M.

06/12/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–195–71– 

G–M, Amendment #1, for 

Tree Free Fiber Company, 

LLC, (formerly Statler Industries Inc.). 

Tree Free Fiber Company, LLC, 

Kennebec County, Augusta, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #1 A– 

195–71–D–A/R.

06/16/1995 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–195–71– 

D–A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and 

conditions 12(A), 12(C), (13), 

(14) and (15) for Tree Free 

Fiber Company, LLC, (formerly Statler Industries Inc.). 

Pioneer Plastics Corporation, 

Androscoggin County, Auburn, Maine.

Departmental Finding of Fact 

and Order Air Emission License A–448–72–K–A/R.

08/23/1995 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–448–72– 

K–A/R, paragraphs (II)(D)(2), 

(II)(D)(3) and conditions 

(13)(f) and 14(k) for Pioneer 

Plastics Corporation. 

Pioneer Plastics Corporation, 

Androscoggin County, Auburn, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

448–71–O–M.

03/10/1997 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–448–71– 

O–M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation. 


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56978 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS—Continued 

Name of source Permit number 

State 

effective 

date 

EPA approval date 2 Explanations 

Scott Paper Company, Kennebec County, Winslow, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

188–72–E–A.

11/15/1995 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–188–72– 

E–A, Amendment #2, conditions 8, paragraph 1, and 9, 

paragraphs 1, 2 and 4, for 

Scott Paper Company. 

The Chinet Company, Kennebec County, Waterville, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License A–416–72–B–A.

01/18/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–416–72– 

B–A, conditions (l) 1, 2, 3a, 

3b, 3c, 3e, and (m) for The 

Chinet Company. 

FMC Corporation-Food Ingredients Division, Knox County, 

Rockland, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #5 A– 

366–72–H–A.

02/07/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–366–72– 

H–A, Amendment #5, conditions 3, 4, 5, 7, 9, 11, 12, 15, 

16, and 18 for FMC Corporation-Food Ingredients Division. 

Dragon Products Company, 

Inc., Knox County, 

Thomaston, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #5 A– 

326–72–N–A.

06/05/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. 

Dragon Products Company, 

Inc., Knox County, 

Thomaston, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #7 A– 

326–71–P–M.

03/05/1997 09/09/2002, 67 FR 57148 Case-specific NOX RACT. 

S.D. Warren Paper Company, 

Cumberland County, 

Westbrook, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #13 A– 

29–71–Y–A.

06/12/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–29–71– 

Y–A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p) 

for S.D. Warren Company. 

Mid-Maine Waste Action Corporation, Androscoggin County, Auburn, Maine.Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

378–72–E–A.

10/16/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. 

Portsmouth Naval Shipyard, 

York County, Kittery, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #2 A– 

452–71–D–A.

10/21/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–452–71– 

D–A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17, 

18, 19, and 20 for Portsmouth Naval Shipyard. 

Portsmouth Naval Shipyard, 

York County, Kittery, Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #4 A– 

452–71–F–M.

07/25/1997 09/09/2002, 67 FR 57148 Case-specific NOX RACT. Air 

emission license A–452–71– 

F–M, Amendment #4, condition 4 for Portsmouth Naval 

Shipyard. 

Maine Energy Recovery Company, York County, Biddeford, 

Maine.

Departmental Finding of Fact 

and Order Air Emission License Amendment #4 A–46– 

71–L–A.

11/12/1996 09/09/2002, 67 FR 57148 Case-specific NOX RACT. 

2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

(e) Nonregulatory. 

Name of non regulatory SIP provision 

Applicable 

geographic or nonattainment area 

State submittal date/ 

effective 

date 

EPA approved 

date 3 Explanations 

Impact of Projected Growth for Next 10 

Years on Air Quality for Maine Standard Metropolitan Statistical Areas.

Maine’s Standard 

Metropolitan Statistical Areas.

06/26/1974 04/29/1975, 40 FR 

18726.

Incinerator Emission Standard—Regulation Implementation Plan Change, 

Findings of Fact and Order.

Maine ...................... 05/21/1975 04/10/1978, 43 FR 

14964.

Revision to incinerator particulate emission standard which would exempt 

wood waste cone burners from the 

plan until 1980. 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56979 

Name of non regulatory SIP provision 

Applicable 

geographic or nonattainment area 

State submittal date/ 

effective 

date 

EPA approved 

date 3 Explanations 

Incinerator Emission Standard—Regulation and Implementation Plan Change, 

Findings of Fact and Order.

Maine ...................... 09/24/1975 04/10/1978, 43 FR 

14964.

Revision to incinerator particulate emission standard which would exempt 

municipal waste cone burners from 

the plan until 1980. 

Air Quality Surveillance ............................ Maine ...................... 03/10/1978 03/23/1979, 44 FR 

17674.

Revision to Chapter 5 of the SIP. 

New Sources and Modifications ............... Maine ...................... 03/10/1978 03/23/1979, 44 FR 

17674.

Revision to Chapter 6 of the SIP. 

Review of New Sources and Modifications.Maine ...................... 12/19/1979 01/30/1980, 45 FR 

6784.

Revision to Chapter 6 of the SIP. 

Revisions to State Air Implementation 

Plan as Required by the Federal Clean 

Air Act.

Maine ...................... 03/28/1979 02/19/1980, 45 FR 

10766.

Includes Control Strategies for Particulates, Carbon Monoxide, and ozone. 

Plan for Public Involvement in Federally 

Funded Air Pollution Control Activities.

Maine ...................... 05/28/1980 09/09/1980, 45 FR 

59314.

A plan to provide for public involvement 

in federally funded air pollution control 

activities. 

Air Quality Surveillance ............................ Maine ...................... 07/01/1980 01/22/1981, 46 FR 

6941.

Revision to Chapter 5 of the SIP. 

Attain and Maintain the NAAQS for Lead Maine ...................... 11/05/1980 08/27/1981, 46 FR 

43151.

Control Strategy for Lead. Revision to 

Chapter 2.5. 

Establishment of Air Quality Control SubRegion.Metropolitan Portland Air Quality 

Control Region.

10/30/1975 01/08/1982, 47 FR 

947.

Department Findings of Fact and 

Order—Sulfur Dioxide Control Strategy. 

Sulfur Dioxide Control Strategy—Low 

Sulfur Fuel Regulation.

Portland-Peninsula 

Air Quality Control Region.

10/30/1975 01/08/1982, 47 FR 

947.

Department Findings of Fact and 

Order—Implementation Plan Revision. 

Letter from the Maine DEP documenting 

the December 1990 survey conducted 

to satisfy the 5 percent demonstration 

requirement in order to justify the 3500 

gallon capacity cut-off in Chapter 112.

Maine ...................... 06/03/1991 02/03/1992, 57 FR 

3046..

Withdrawal of Air Emission Licenses for: 

Pioneer Plastics; Eastern Fine Paper; 

and S.D. Warren, Westbrook.

Maine ...................... 10/03/1990 02/03/1992, 57 FR 

3046.

Department of Environmental Protection 

Letter dated December 5, 1989, withdrawing three source-specific licenses 

as of October 3, 1990. 

Portions of Chapter 1 entitled ‘‘Regulations for the Processing of Applications’’.Maine ...................... 02/08/1984 03/23/1993, 58 FR 

15422..

Review of New Sources and Modifications.Maine ...................... 11/06/1989 03/23/1993, 58 FR 

15422.

Revision to Chapter 6 of the SIP. 

Letter from the Maine DEP regarding implementation of BACT.Maine ...................... 05/01/1989 03/23/1993, 58 FR 

15422..

Review of New Sources and Modifications.Maine ...................... 11/02/1990 03/18/1994, 59 FR 

12853.

Revision to Chapter 6 of the SIP. 

Joint Memorandum of Understanding 

(MOU) Among: City of Presque Isle; 

ME DOT and ME DEP.

City of Presque Isle, 

Maine.

03/11/1991 01/12/1995, 60 FR 

2885.

Part B of the MOU which the Maine Department of Environmental Protection 

(ME DEP) entered into with the City of 

Presque Isle, and the Maine Department of Transportation (ME DOT). 

Maine State Implementation Plan to Attain the NAAQS for Particulate Matter 

(PM10) Presque Isle Maine.

City of Presque Isle, 

Maine.

08/14/1991 01/12/1995, 60 FR 

2885.

An attainment plan and demonstration 

which outlines Maine’s control strategy for attainment of the PM10 

NAAQS and implement RACM and 

RACT requirements for Presque Isle. 

Memorandum of Understanding among: 

City of Presque Isle; ME DOT and ME 

DEP.

City of Presque Isle, 

Maine.

05/25/1994 08/30/1995, 60 FR 

45056.

Revisions to Part B of the MOU which 

the ME DEP entered into (and effective) on May 25, 1994, with the City of 

Presque Isle, and the ME DOT. 

Maintenance Demonstration and Contingency Plan for Presque Isle.City of Presque Isle, 

Maine.

04/27/1994 08/30/1995, 60 FR 

45056.

A maintenance demonstration and contingency plan which outline Main’s 

control strategy maintenance of the 

PM10 NAAQS and contingency measures and provision for Presque Isle. 

Letter from the Maine DEP dated July 7, 

1994, submitting Small Business Technical Assistance Program.

Maine ...................... 07/07/1994 09/12/1995, 60 FR 

47285.

Letter from the Maine Department of Environmental Protection submitting a 

revision to the Maine SIP. 

Revisions to the SIP for the Small Business Stationary Source Technical and 

Environmental Compliance Assistance 

Program.

Maine Statewide ..... 05/12/1994 09/12/1995, 60 FR 

47285.

Revisions to the SIP for the Small Business Stationary Source Technical and 

Environmental Compliance Assistance 

Program Dated July 12, 1994 and effective on May 11, 1994. 


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56980 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

Name of non regulatory SIP provision 

Applicable 

geographic or nonattainment area 

State submittal date/ 

effective 

date 

EPA approved 

date 3 Explanations 

Corrected page number 124 of the Small 

Business Stationary Source Technical 

and Environmental Compliance Assistance Program SIP.

Maine ...................... 08/16/1994 09/12/1995, 60 FR 

47285.

Letter from ME DEP dated August 16, 

1994 submitting a corrected page to 

the July 12, 1994 SIP revision. 

Negative Declaration for Synthetic Organic Chemical Manufacturing Industry 

Distillation and Reactors Control Technique Guideline Categories.

Maine Statewide ..... 11/15/1994 04/18/2000, 65 FR 

20749.

Letter from ME DEP dated November 

15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation 

and Reactors Control Technique 

Guideline Categories. 

Letter from the Maine Department of Environmental Protection regarding Control of Motor Vehicle Pollution (Inspection and Maintenance Program).Greater Portland 

Metropolitan Statistical Area.

11/19/1998 01/10/2001, 66 FR 

1875.

Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to 

the Maine SIP. 

State of Maine Implementation Plan for 

Inspection/Maintenance dated November 11, 1998.

Greater Portland 

Metropolitan Statistical Area.

11/11/1998 01/10/2001, 66 FR 

1875.

Maine Motor Vehicle Inspection and 

Maintenance Program. 

Letter from the Maine DEP submitting additional technical support and an enforcement plan for Chapter 119 as an 

amendment to the SIP.

Southern Maine ...... 05/29/2001 03/06/2002, 67 FR 

10099.

Letter from the Maine Department of Environmental Protection dated May 29, 

2001 submitting additional technical 

support and an enforcement plan for 

Chapter 119 as an amendment to the 

State Implementation Plan. 

Application for a Waiver of Federally-Preempted Gasoline Standards.Southern Maine ...... 05/25/2001 03/06/2002, 67 FR 

10099.

Additional technical support. 

Letter from the Maine DEP dated July 1, 

1997, submitting case-specific NOX

RACT determinations.

Maine ...................... 07/01/1997 09/09/2002, 67 FR 

57148.

Letter from the Maine Department of Environmental Protection submitting a 

revision to the Maine SIP. 

Letter from the Maine DEP dated October 9, 1997, submitting case-specific 

NOX RACT determinations.

Maine ...................... 10/09/1997 09/09/2002, 67 FR 

57148.

Letter from the Maine Department of Environmental Protection submitting a 

revision to the Maine SIP. 

Letter from the Maine DEP dated August 

14, 1998, submitting case-specific NOX

RACT determinations.

Maine ...................... 08/14/1998 09/09/2002, 67 FR 

57148.

Letter from the Maine Department of Environmental Protection submitting a 

revision to the Maine SIP. 

Chapter 127 Basis Statement .................. Maine ...................... 12/31/2000 04/28/2005, 70 FR 

21959..

Correspondence from Maine DEP indicating which portions of Chapter 137 

should not be incorporated into the 

State’s SIP.

Maine ...................... 06/06/2006 11/21/2007, 72 FR 

65462.

Correspondence from David W. Wright 

of the Maine DEP indicating which 

portions of Chapter 137 Emission 

Statements should not be incorporated into the State’s SIP. 

State of Maine MAPA 1 form for Chapter 

139 Transportation Conformity.

Maine nonattainment areas, and 

attainment areas 

with a maintenance plan.

09/10/2007 02/08/2008, 73 FR 

7465.

Certification that the Attorney General 

approved the Rule as to form and legality. 

Amendment to Chapter 141 Conformity 

of General Federal Actions.

Maine nonattainment areas, and 

attainment areas 

with a maintenance plan.

04/19/2007 02/20/2008, 73 FR 

9203.

Maine Department of Environmental 

Protection amended its incorporationby-reference within Chapter 141.2 to 

reflect EPA’s revision to the Federal 

General Conformity Rule for fine particulate matter promulgated on July 

17, 2006 (71 FR 40420–40427); specifically 40 CFR 51.852 Definitions 

and 40 CFR 51.853 Applicability. 

State of Maine MAPA 1 form for Chapter 

102 Open Burning Regulation.

Maine ...................... 01/03/2003 02/21/2008, 73 FR 

9459.

Certification that the Attorney General 

approved the Rule as to form and legality. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. E8–22958 Filed 9–30–08; 8:45 am] 

BILLING CODE 6560–50–P 


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