[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Rules and Regulations]
[Page 65462-65466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-12]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2006-0704; A-1-FRL-8492-1]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Emission Statements Reporting and Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Maine. These revisions update Maine's
criteria pollutant emissions reporting program and list of terms and
associated definitions used in Maine's air pollution
[[Page 65463]]
control regulations. The intended effect of this action is to approve
these revisions into the Maine SIP. This action is being taken under
the Clean Air Act.
DATES: This direct final rule will be effective January 22, 2008,
unless EPA receives adverse comments by December 21, 2007. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0704 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: arnold.anne@epa.gov; Fax: (617) 918-0047; Mail: ``Docket
Identification Number EPA-R01-OAR-2006-0704'', Anne Arnold, U.S.
Environmental Protection Agency, EPA New England Regional Office, One
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
3. Hand Delivery or Courier: Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2006-0704. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
, or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
or in hard copy at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
In addition, copies of the state submittal and EPA's technical
support document are also available for public inspection during normal
business hours, by appointment at the State Air Agency, the Bureau of
Air Quality Control, Department of Environmental Protection, First
Floor of the Tyson Building, Augusta Mental Health Institute Complex,
Augusta, ME 04333-0017.
FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning
Unit, EPA New England Regional Office, One Congress Street, Suite 1100-
CAQ, Boston, MA 02114-2023, telephone number 617-918-1046, fax number
617-918-0046, e-mail mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: Organization of this document. The following
outline is provided to aid in locating information in this preamble.
I. Background and Purpose
II. Chapter 137, Emission Statements
A. Background and Purpose
B. Evaluation of Maine's Submittal
1. 40 CFR 51.15(a); Pollutants
2. 40 CFR 51.20(b); Emission Thresholds
3. 40 CFR 51.25; Geographic Coverage
4. 40 CFR 51.30(a); Reporting Due Date
5. Appendix A to Subpart A of 40 CFR Part 51; Table 2a
C. Results of EPA's Analysis of State's Submittal
III. Chapter 100, Definitions
IV. Summary of SIP Revisions
V. Final Action
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On July 14, 2004, and February 8, 2006, the State of Maine
submitted formal revisions to its State Implementation Plan (SIP).
These SIP submittals consist of revisions to Maine's Chapter 137
Emission Statements rule, and Chapter 100 list of definitions for terms
used in Maine's air pollution control regulations. EPA approved
previous versions of each of these rules, and is approving the revised
rules in today's action.
II. Chapter 137, Emission Statements
A. Background. Sections 182(a)(3)(B) and 184(b)(2) of the Clean Air
Act (the Act) requires that states develop and submit, as SIP
revisions, rules which establish annual reporting requirements for
precursors of ozone from stationary sources. To meet this requirement,
on January 3, 1994, Maine submitted its Chapter 137 Emission Statements
rule to EPA and requested EPA incorporate the rule into the state's
SIP. EPA did so by publishing, on January 10, 1995, a final rule
approving Maine's Chapter 137 emission statements reporting rule into
the state's SIP (see 60 FR 2524). Subsequently, on June 10, 2002, EPA
published the Consolidated Emissions Reporting Rule (CERR) as a final
rule in the Federal Register (67 FR 39602). This rule requires
additional reporting obligations for states, chief among them a
requirement that states collect air emissions data from stationary
point sources for emissions of fine particulate matter (particulate
matter with a diameter less than or equal to 2.5 micrometers, sometimes
noted as PM2.5) and ammonia (NH3), which is a precursor to
PM2.5 formation, and report this information to EPA. On July
14, 2004, Maine submitted a revised version of its Chapter 137 Emission
Statements rule to EPA. Maine had revised the rule in accordance with
the provisions of EPA's CERR, and requested that EPA incorporate the
revised rule into the state's SIP.
B. Evaluation of Maine's Submittal. The CERR requires that states
collect a variety of information pertaining to air emissions from
industrial sources in the state, and report this information to
[[Page 65464]]
EPA. The discussion below describes how Maine's modified Chapter 137
Emission Statements rule conforms with the requirements of EPA's CERR
stated in 40 CFR Part 51.
1. 40 CFR 51.15(a); Pollutants. 40 CFR 51.15(a)(1) requires that
states report emissions of sulfur oxides, volatile organic compounds
(VOC), nitrogen oxides, carbon monoxide, lead and lead compounds,
primary PM2.5, primary PM10, and ammonia. Maine's
revised Chapter 137 emission statements regulation requires collection
of emissions data for all of these pollutants from industrial sources
in the state.
2. 40 CFR 51.20(b); Emission thresholds. 40 CFR 51.20(b) requires
that states collect emissions data from all stationary sources that
emit at levels above those shown in Table 1 of Appendix A to subpart
51. Maine's revised Chapter 137 rule contains emission reporting
thresholds that are more stringent than required by Table 1 of Appendix
A, and as such the rule complies with EPA's 40 CFR 51.20(b) reporting
requirement.
3. 40 CFR 51.25; Geographic coverage. 40 CFR 51.25 requires
collection of point source data from all sources in the state that emit
pollutants above the level specified in 40 CFR 51.20(b). Maine's
revised Chapter 137 rule requires statewide reporting, and as such
complies with this requirement.
4. 40 CFR 51.30(a); Reporting due date. 40 CFR 51.30(a) requires
that states report their point source data to EPA no later than 17
months after the end of the calendar year in which the emissions
occurred. Maine's revised Chapter 137 rule requires that sources report
their emissions to the state within 6 months of the end of the year in
which the emissions occurred, so the state will have sufficient time to
collect, review, and quality assure the data prior to submitting it to
EPA.
5. Appendix A to Subpart A of 40 CFR Part 51; Table 2a. Table 2a
lists the data elements that states must report to EPA. The provisions
of Maine's revised Chapter 137 Emission Statements rule will enable the
state to submit all of the required point source data elements listed
in Table 2a of Appendix A.
C. Results of EPA's analysis of Maine's submittal. EPA's review has
found that Maine's revised Chapter 137 Emission Statements rule meets
all of the requirements of EPA's CERR, and therefore EPA is approving
the revised rule into the state's SIP.
EPA takes approval action on SIP revisions based on the authority
of section 110(a) of the Act. Pursuant to section 110 (a)(1) of the
Act, states are required to revise their SIP when EPA promulgates or
revises a national ambient air quality standard (NAAQS). Maine's
Chapter 137 Emission Statements regulation contains, in addition to
criteria pollutant reporting provisions, requirements that will enable
the state to collect data on certain hazardous air pollutants (HAPs)
and greenhouse gas emissions. The HAP and greenhouse gas requirements
are needed for Maine to implement programs at the state level, but are
not required for federal reporting purposes under the CERR. Therefore,
Maine did not include the Chapter 137 HAP and greenhouse gas
requirements in its SIP revision request to EPA and these provisions
are not being approved into the state's SIP.
The specific requirements of Maine's Chapter 137 regulation and
EPA's evaluation of these requirements are detailed in a memorandum
dated August 7, 2006, entitled ``Technical Support Document (TSD) for
revisions to the Maine SIP of Chapter 100, Definitions Regulation, and
Chapter 137, Emission Statements.'' The TSD and Maine's Chapter 137
Emission Statements rule are available in the docket supporting this
action.
III. Chapter 100, Definitions
Maine's Chapter 100 definitions regulation provides definitions for
the terms used in the state's air pollution control regulations and
emission standards. EPA previously approved Maine's Chapter 100
definitions in a final rule published in the Federal Register on
October 15, 1996 (61 FR 53639). Since that time, Maine has amended its
Chapter 100 list of definitions on numerous occasions in conjunction
with SIP submittals it has made over time for various programs such as
the Title V permitting, best available control technology, and
prevention of significant deterioration programs. EPA has reviewed the
list of terms and found them to conform to the applicable EPA guidance,
and so we are approving Maine's revised Chapter 100 list of definitions
into the state's SIP. The specific requirements of Maine's Chapter 100
Definitions regulation and EPA's evaluation of these requirements are
detailed in the TSD which is available in the docket supporting this
action.
IV. Summary of SIP Revisions
For the reasons outlined above, EPA is approving Maine's revised
Chapter 100 Definitions, and revised Chapter 137 Emission Statements
regulations and incorporating these regulations into the state's SIP.
Maine's Chapter 100 definitions regulation provides definitions for the
terms used in the state's air pollution control regulations, many of
which are federally enforceable. The state's Chapter 137 Emission
Statements regulation has been amended to conform with the EPA's
Consolidated Emission Statements Rule.
V. Final Action
EPA is approving Maine's revised Chapter 100 list of definitions
and revised Chapter 137 Emission Statements rule into the state's SIP.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective January
22, 2008 without further notice unless the Agency receives relevant
adverse comments by December 21, 2007.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on January 22, 2008 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by
[[Page 65465]]
state law. Accordingly, the Administrator certifies that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this rule approves pre-existing requirements under state law
and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 22, 2008. Interested
parties should 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. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements (see section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: October 25, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. Section 52.1020 is amended by removing paragraph (c)(34)(i)(C) and
by adding paragraph (c)(62) as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(62) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 14, 2004, and
February 8, 2006.
(i) Incorporation by reference.
(A) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine December
24, 2005.
(B) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements,'' effective in the State of Maine
on July 6, 2004, with the exception of the following sections which the
state did not include in its SIP revision request: section 137.1.C;
section 137.1.E; section 137.1.F; section 137.2.A through F; section
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the
sentence beginning with ``Greenhouse gases'' to the end of this
section; the note within section 137.D(5); section 137(E), and;
Appendix A.
(ii) Additional materials.
(A) Nonregulatory portions of these submittals.
(B) Correspondence from David W. Wright of the Maine DEP dated June
6, 2006, indicating which portions of Chapter 137 should not be
incorporated into the State's SIP.
0
3. In Sec. 52.1031, Table 52.1031 is amended by adding a new entry to
the existing state citation for Chapter 100, and by revising the entry
for Chapter 137 to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * * *
[[Page 65466]]
Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
Date Date
State Title/subject adopted by approved by Federal Register 52.1020
citation State EPA citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
100........ Definitions..... 12/1/2005 11/21/07 [Insert Federal (c)(62)....... Revised to add
Register page definitions
number where associated with SIP
the document submittals made
begins]. between 7/19/95 and
12/1/05.
* * * * * * *
137........ Emission 12/17/04 11/21/07 [Insert Federal (c)(62)....... Revised to
Statements. Register page incorporate changes
number where required by EPA's
the document consolidated
begins]. 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.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note 1. The regulations are effective statewide unless stated otherwise in comments or title section.
[FR Doc. E7-22596 Filed 11-20-07; 8:45 am]
BILLING CODE 6560-50-P