

[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Proposed Rules]               
[Page 60937-60952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc06-38]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R01-OAR-2006-0226; FRL-8231-7]

 
Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Maine; Redesignation of the 
Portland, ME and the Hancock, Knox, Lincoln and Waldo Counties, Maine 
8-Hour Ozone Nonattainment Areas to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve: A request to redesignate two 8-
hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment 
areas to attainment for the 8-hour ozone NAAQS; and a State 
Implementation Plan (SIP) revision containing a separate 10-year 
maintenance plan for each area. The two areas are the Portland, Maine 
8-hour ozone nonattainment area and the Hancock, Knox, Lincoln and 
Waldo Counties (Midcoast), Maine 8-hour ozone nonattainment area. EPA 
is also providing information on the status of its transportation 
conformity adequacy determination for the new motor vehicle emissions 
budgets (MVEBs) for the year 2016 that are contained in the 10-year 8-
hour ozone maintenance plans for each area. EPA is proposing to approve 
MVEBs for both areas.

DATES: Written comments must be received on or before November 16, 
2006.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-OAR-0226 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.
    3. Fax: (617) 918-0047.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2006-OAR-
0226'', Anne Arnold, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100 (mail code 
CAQ), Boston, MA 02114-2023.
    5. 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-OAR-0226. 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'' systems, 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    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 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. EPA requests that if at all possible, you contact the

[[Page 60938]]

person 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.

FOR FURTHER INFORMATION CONTACT: Richard P. Burkhart, 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) 918-1664, fax number (617) 918-0664, 
e-mail Burkhart.Richard@epa.gov.

General Information

A. How Can I Get Copies of This Document and Other Related Information?

    In addition to the publicly available docket materials available 
for inspection electronically in the Federal Docket Management System 
at http://www.regulations.gov, and the hard copy available at the Regional 

Office, which are identified in the ADDRESSES section of this Federal 
Register, 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.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is EPA Proposing?
II. What is the Background for These Proposed Actions?
III. What are the Criteria for Redesignation to Attainment?
IV. Why is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What is EPA's Analysis of the Portland Redesignation Request?
VII. How are MVEBs Developed and What is an Adequacy Determination?
VIII. What is the Status of EPA's Adequacy Determination for the 
Portland Area's MVEBs for the Year 2016?
IX. What is EPA's Analysis of the Midcoast Redesignation Request?
X. What is the Status of EPA's Adequacy Determination for the 
Midcoast Area's MVEBs for the Year 2016?
XI. Proposed Actions on Maine's Redesignation Requests, 175 
Maintenance Plans, and Associated MVEBs.
XII. Statutory and Executive Order Reviews.

I. What Is EPA Proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that both the Portland and the Midcoast, Maine 8-hour 
ozone nonattainment areas have attained the 8-hour ozone standard. EPA 
is also proposing to approve a request to change the legal designation 
of the two areas from nonattainment to attainment for the 8-hour ozone 
National Ambient Air Quality Standards (NAAQS). In addition, EPA is 
proposing to approve a 10-year maintenance plan for each area and motor 
vehicle emissions budgets (MVEBs) for each area.
    The Portland nonattainment area is located in southern Maine. The 
Portland nonattainment area consists of 57 coastal towns and cities 
located in York County (partial), Cumberland County (partial), 
Sagadahoc County (full) along with Durham, Maine, a town in 
Androscoggin County. The Portland area is designated as ``marginal'' 
nonattainment for the 8-hour ozone standard. (See 40 CFR 81.320) The 
Midcoast area is located north of the Portland area and consists of 55 
coastal towns and islands in Hancock, Knox, Lincoln, and Waldo Counties 
(all are partial Counties), and is designated as ``subpart 1, basic'' 
for the 8-hour ozone standard. (See 40 CFR 81.320)

II. What Is the Background for These Proposed Actions?

    The CAA required EPA to designate as nonattainment any area that 
was violating the 8-hour ozone NAAQS based on the three most recent 
years (2001-2003) of air quality data. The Federal Register notice 
making these designations was signed on April 15, 2004, and published 
on April 30, 2004, (69 FR 23857). The CAA contains two sets of 
provisions--subpart 1 and subpart 2-- that address planning and control 
requirements for nonattainment areas. (Both are found in Title I, Part 
D of the CAA.) Subpart 1 (which EPA refers to as ``basic'' 
nonattainment) contains general, less prescriptive, requirements for 
nonattainment areas for any pollutant--including ozone--governed by a 
NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment) 
provides more specific requirements for ozone nonattainment areas. Some 
areas are subject only to the provisions of subpart 1. Other areas are 
also subject to the provisions of subpart 2. Under EPA's 8-hour ozone 
implementation rule, signed on April 15, 2004, an area was classified 
under subpart 2 based on its 8-hour ozone design value (i.e., the 3-
year average annual fourth-highest daily maximum 8-hour average ozone 
concentration), if it had a 1-hour design value at or above 0.121 ppm 
(the lowest 1-hour design value in Table 1 of subpart 2). All other 
areas are covered under subpart 1, based upon their 8-hour design 
values. The Portland and Midcoast areas were designated as 8-hour ozone 
nonattainment areas by EPA on April 30, 2004, (69 FR 23857). The 2004 
classification for the Portland 8-hour ozone nonattainment area is 
based on air quality monitoring data from 2001-2003. The Portland area 
is classified as marginal. The 2004 classification for the Midcoast 8-
hour ozone nonattainment area is also based on air quality monitoring 
data from 2001-2003. The Midcoast area is classified as subpart 1, 
basic.
    Control requirements are linked to each classification. Areas with 
more serious ozone pollution are subject to more prescribed 
requirements. The requirements are designed to bring areas into 
attainment by their specified attainment dates. The control 
requirements and dates by which attainment needs to be achieved vary 
with the area's classification. For example, marginal areas are subject 
to the fewest mandated control requirements and have the earliest 
attainment date. Under EPA regulations at 40 CFR part 50, the 8-hour 
ozone standard is attained when the 3-year average of the annual 
fourth-highest daily maximum 8-hour average ozone concentrations is 
less than or equal to 0.08 ppm (i.e., 0.084 ppm). (See 69 FR 23857 
(April 30, 2004) for further information.) The data completeness 
requirement is met when the average percent of days with valid ambient 
monitoring data is greater than 90%, and no single year has less than 
75% data completeness as determined in Appendix I of 40 CFR part 50.
    On August 3, 2006, Maine requested redesignation to attainment for 
the 8-hour ozone standard for the both areas. The redesignation request 
includes three years of complete, quality-assured data for the period 
of 2003 through 2005, indicating the 8-hour NAAQS for ozone had been 
achieved for the both areas. The data satisfies the CAA requirements 
when the 3-year average of the annual fourth-highest daily maximum 8-
hour average ozone concentration is less than or equal to 0.08 ppm. 
Under the CAA, nonattainment areas may be redesignated to attainment if 
sufficient complete, quality-assured data is available for the 
Administrator to determine that the area has attained the standard and 
the area meets the other CAA redesignation requirements in section 
107(d)(3)(E).

[[Page 60939]]

III. What Are the Criteria for Redesignation to Attainment?

    The CAA provides the requirements for redesignating a nonattainment 
area to attainment. Specifically, section 107(d)(3)(E) allows for 
redesignation providing that:
    (1) EPA determines that the area has attained the applicable NAAQS;
    (2) EPA has fully approved the applicable implementation plan for 
the area under section 110(k);
    (3) EPA determines that the improvement in air quality is due to 
permanent and enforceable reductions in emissions resulting from 
implementation of the applicable SIP and applicable Federal air 
pollutant control regulations and other permanent and enforceable 
reductions;
    (4) EPA has fully approved a maintenance plan for the area as 
meeting the requirements of section 175A; and,
    (5) The state containing such area has met all requirements 
applicable to the area under section 110 and part D.
    EPA provided guidance on redesignation in the General Preamble for 
the Implementation of Title I of the CAA Amendments of 1990, on April 
16, 1992 (57 FR 13498), and supplemented this guidance on April 28, 
1992 (57 FR 18070). EPA has provided further guidance on processing 
redesignation requests in the following documents:

--``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum 
from Bill Laxton, June 18, 1990;
--``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide 
Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, April 30, 1992;
--``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
--``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992;
--``State Implementation Plan (SIP) Actions Submitted in Response to 
Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni, 
Director, Air Quality Management Division, October 28, 1992;
--``Technical Support Documents (TSD's) for Redesignation Ozone and 
Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G. T. 
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
--``State Implementation Plan (SIP) Requirements for Areas Submitting 
Requests for Redesignation to Attainment of the Ozone and Carbon 
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or 
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting 
Assistant Administrator for Air and Radiation, September 17, 1993;
--Memorandum from D. Kent Berry, Acting Director, Air Quality 
Management Division, to Air Division Directors, Regions 1-10, ``Use of 
Actual Emissions in Maintenance Demonstrations for Ozone and CO 
Nonattainment Areas,'' dated November 30, 1993;
--``Part D New Source Review (part D NSR) Requirements for Areas 
Requesting Redesignation to Attainment,'' Memorandum from Mary D. 
Nichols, Assistant Administrator for Air and Radiation, October 14, 
1994; and
--``Reasonable Further Progress, Attainment Demonstration, and Related 
Requirements for Ozone Nonattainment Areas Meeting the Ozone National 
Ambient Air Quality Standard,'' Memorandum from John S. Seitz, 
Director, Office of Air Quality Planning and Standards, May 10, 1995.

IV. Why Is EPA Taking These Actions?

    On August 3, 2006,\1\ the state requested redesignation of the both 
the Portland, Maine and the Midcoast, Maine 8-hour ozone nonattainment 
areas to attainment for the 8-hour ozone standard. EPA believes that 
both areas have attained the standard and have met the requirements for 
redesignation set forth in section 107(d)(3)(E). EPA is proposing to 
approve the maintenance plans to fulfill the requirements of section 
175(A). EPA is also proposing to approve the MVEB's for these two 
areas. EPA has previously determined that the 2016 budgets are 
adequate.
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    \1\ The ME DEP submitted the redesignation request on August 3, 
2006. The submittal showed evidence of a public hearing, but did not 
include the public hearing transcript, which was not available at 
that time. The ME DEP submitted the public transcript on August 30, 
2006. The transcript is available in the docket for this action.
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V. What Would Be the Effect of These Actions?

    Approval of the redesignation request would change the official 
designation of both the Portland and the Midcoast, Maine 8-hour ozone 
nonattainment areas for the 8-hour ozone NAAQS found at 40 CFR 81.320. 
It would also incorporate into the Maine SIP plans for maintaining the 
8-hour ozone NAAQS through 2016, for both areas. The maintenance plans 
include contingency measures to remedy future violations of the 8-hour 
NAAQS. In addition MVEBs are established for the year 2016. The MVEBs 
will be used to assure that plans for the area's transportation system 
which effect vehicle miles traveled, do not cause motor vehicle 
emissions in excess of levels consistent with maintaining attainment of 
the NAAQS.

VI. What Is EPA's Analysis of the Portland Redesignation Request?

    EPA is proposing to determine that the Portland nonattainment area 
has attained the 8-hour ozone standard and that all other redesignation 
criteria have been met. The basis for EPA's proposed determination is 
as outlined below.

A. The Portland Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the Portland area has attained 
the 8-hour ozone NAAQS. For ozone, an area is attaining the 8-hour 
ozone NAAQS if there are no violations, as determined in accordance 
with 40 CFR 50.10 and Appendix I, based on three complete, consecutive 
calendar years of quality-assured air quality monitoring data. To 
attain this standard, the 3-year average of the fourth-highest daily 
maximum 8-hour average ozone concentrations measured at each monitor 
within an area over each year must not exceed 0.08 ppm. This 3-year 
average is known as the design value. Based on the rounding convention 
described in 40 CFR part 50, Appendix I, the standard is attained if 
the design value is 0.084 ppm or below. The data must be collected and 
quality-assured in accordance with 40 CFR part 58, and recorded in 
EPA's Air Quality Data System (AQS). The monitors generally should have 
remained at the same location for the duration of the monitoring period 
required for demonstrating attainment.
    Maine submitted ozone monitoring data for the April through 
September ozone season from 2003 to 2005. This data has been quality 
assured and is recorded in AQS. The data are summarized in Table 1:

[[Page 60940]]



                      Table 1.--8-hour Ozone (Parts Per Million, ppm) for the Portland Area
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                                                            4th High 8-hr ozone average           3-Year average
            Monitor                  County      ------------------------------------------------     (design
                                                       2003            2004            2005           value)
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Kittery.......................  York............           0.080           0.080           0.072           0.077
Kennebunkport.................  York............           0.076           0.076           0.072           0.074
West Buxton...................  York............           0.069           0.075           0.076           0.073
Cape Elizabeth................  Cumberland......           0.073           0.068           0.073           0.072
Reid State Park...............  Sagadahoc.......           0.074           0.069           0.068           0.070
Area Design Value.............  ................  ..............  ..............  ..............           0.077
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    The design value for an area is the highest design value recorded 
at any monitor in the area. Therefore, as shown in Table 1, the design 
value for the Portland area is 0.077 ppm, which meets the standard as 
described above. Preliminary ozone data for the summer of 2006 still 
show the area as being in attainment.
    In addition, as discussed below with respect to the maintenance 
plan, Maine has committed to continue monitoring in these areas in 
accordance with 40 CFR Part 58. In summary, EPA believes that the data 
submitted by Maine provides an adequate demonstration that the Portland 
area has attained the 8-hour ozone NAAQS.

B. The Portland Area Has Met All Applicable Requirements for Purposes 
of Redesignation Under Section 110 and Part D of the CAA and the Area 
Has a Fully Approved SIP Under Section 110(k) for Purposes of 
Redesignation

    EPA has determined that Maine has met all applicable SIP 
requirements for the Portland area for purposes of redesignation under 
section 110 of the CAA (general SIP requirements). EPA has also 
determined that the Maine SIP meets applicable SIP requirements for 
purposes of redesignation under Part D of Title I of the CAA 
(requirements specific to marginal nonattainment areas, see section 
107(d)(3)(E)(v)). In addition, EPA has determined that the Maine SIP is 
fully approved with respect to all applicable requirements for purposes 
of redesignation (see section 107(d)(3)(E)(ii)). In making these 
determinations, EPA ascertained what requirements are applicable to the 
area and that they are fully approved under section 110(k). SIPs must 
be fully approved only with respect to applicable requirements.
    The September 4, 1992 Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's interpretation of section 
107(d)(3)(E). Under this interpretation, to qualify for redesignation, 
states requesting redesignation to attainment must meet the relevant 
CAA requirements that come due prior to the submittal of a complete 
redesignation request. See also Michael Shapiro memorandum, September 
17, 1993 and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit--Ann Arbor, MI). Applicable requirements of the CAA that come 
due subsequent to the area's submittal of a complete redesignation 
request remain applicable until a redesignation is approved, but are 
not required as a prerequisite to redesignation. Section 175A (c) of 
the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 
FR 25424 (May 12, 2003).
1. Section 110 General SIP Requirements
    Section 110(a)(2) of Title I of the CAA delineates the general 
requirements for a SIP, which include enforceable emission limitations 
and other control measures, means, or techniques, provisions for the 
establishment and operation of appropriate devices necessary to collect 
data on ambient air quality, and programs to enforce the limitations. 
General SIP elements and requirements are delineated in section 
110(a)(2) of Title I, part A of the CAA. These requirements include, 
but are not limited to, the following: Submittal of a SIP that has been 
adopted by the state after reasonable public notice and hearing; 
provisions for establishment and operation of appropriate procedures 
needed to monitor ambient air quality; implementation of a source 
permit program; provisions for the implementation of part C requirement 
(Prevention of Significant Deterioration (PSD) and provisions for the 
implementation of part D requirements (New Source Review (NSR) permit 
programs); provisions for air pollution modeling; and provisions for 
public and local agency participation in planning and emission control 
rule development.
    Section 110(a)(2)(D) requires that SIPs contain certain measures to 
prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
air pollutants in accordance with the NOX SIP call, October 
27, 1998 (63 FR 57356), amendments to the NOX SIP Call, May 
14, 1999 (64 FR 26298) and March 2, 2000 (65 FR 11222), and the Clean 
Air Interstate Rule (CAIR), May 12, 2005 (70 FR 25161). However, the 
section 110(a)(2)(D) requirements for a state are not linked with a 
particular nonattainment area's designation and classification in that 
state. EPA believes that the requirements linked with a particular 
nonattainment area's designation and classification are the relevant 
measures to evaluate in reviewing a redesignation request. The 
transport SIP submittal requirements, where applicable, continue to 
apply to a state regardless of the designation of any one particular 
area in the state. Thus, we do not believe that these requirements 
should be construed to be applicable requirements for purposes of 
redesignation. In addition, EPA believes that the other section 110 
elements not connected with nonattainment plan submissions and not 
linked with an area's attainment status are not applicable requirements 
for purposes of redesignation. The State will still be subject to these 
requirements after the area is redesignated. The section 110 and part D 
requirements which are linked with a particular area's designation and 
classification are the relevant measures to evaluate in reviewing a 
redesignation request. This policy is consistent with EPA's existing 
conformity and oxygenated fuels requirements, as well as with section 
184 ozone transport requirements. See Reading, Pennsylvania, proposed 
and final rulemakings (61 FR 53174-53176, October 10, 1996), (62 FR 
24826, May 7, 1997); Cleveland-Akron-Lorain, Ohio, final rulemaking (61 
FR 20458, May 7, 1996); and Tampa, Florida, final rulemaking at (60 FR 
62748, December 7, 1995). See also the discussion on this issue in the 
Cincinnati redesignation (65

[[Page 60941]]

FR 37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR 
50399, October 19, 2001).
    EPA believes that section 110 elements not linked to the area's 
nonattainment status are not applicable for purposes of redesignation. 
Any section 110 requirements that are linked to the Part D requirements 
for 8-hour ozone nonattainment areas are not yet due, since, as 
explained below, no Part D requirements applicable for purposes of 
redesignation under the 8-hour standard became due prior to submission 
of the redesignation request, except for the submission of the 2002 
base year inventory, which Maine has submitted and EPA has approved (71 
FR 14815; March 24, 2006). Therefore EPA believes that the State has 
satisfied the criterion of section 107(d)(3)(E) regarding section 110 
of the Act.
2. Part D Nonattainment Area Requirements under the 8-Hour Standard
    The Portland area was designated a marginal nonattainment area for 
the 8-hour ozone standard. Sections 172-176 of the CAA, found in 
subpart 1 of part D, set forth the basic nonattainment requirements for 
all nonattainment areas. Section 182 of the CAA, found in subpart 2 of 
Part D, establishes additional specific requirements depending on the 
area's nonattainment classification. For a marginal nonattainment area 
for the 8-hour standard, such as the Portland area, section 182(a) sets 
forth requirements. Section 184 also sets forth additional requirements 
for this area, due to its location within the Ozone Transport Region 
(OTR).
    With respect to the 8-hour standard, EPA has to determined that the 
Maine SIP meets all applicable SIP requirements under Part D of the 
CAA, because no 8-hour ozone standard Part D requirements applicable 
for purposes of redesignation became due prior to submission of the 
area's redesignation request, except for the submission of the 2002 
base year inventory, which Maine has submitted and EPA has approved (71 
FR 14815; March 24, 2006). Under part D, an area's classification 
(marginal, moderate, serious, severe, and extreme) indicates the 
requirements to which it will be subject. Subpart 1 of part D, found in 
sections 172-176 of the CAA, sets forth the basic nonattainment 
requirements applicable to all nonattainment areas. Subpart 2 of part 
D, found in section 182 of the CAA, establishes additional specific 
requirements depending on the area's nonattainment classification.
    For purposes of evaluating this redesignation request, the 
applicable part D, subpart 1 requirements for all nonattainment areas 
are contained in section 172(c)(1)-(9). A thorough discussion of the 
requirements contained in section 172 can be found in the General 
Preamble for Implementation of Title I (57 FR 13498). (See also 68 FR 
4852-3 in St. Louis NPR for discussion of section 172 requirements.) In 
addition to the fact that certain Part D requirements applicable for 
purposes of redesignation did not become due prior to submission of the 
redesignation request, EPA believes it is reasonable to interpret the 
conformity, new source review requirements, and OTR requirements as not 
requiring approval prior to redesignation.
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure the federally supported or funded projects conform 
to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs and projects developed, funded or approved under Title 23 
U.S.C. and the Federal Transit Act (``transportation conformity'') as 
well as to all other Federally supported or funded projects (``general 
conformity''). State conformity revisions must be consistent with 
Federal conformity regulations relating to consultation, enforcement, 
and enforceability that the CAA required the EPA to promulgate.
    EPA believes it is reasonable to interpret the conformity SIP 
requirements as not applying for purposes of evaluating the 
redesignation request under section 107(d) because state conformity 
rules are still required after redesignation and Federal conformity 
rules apply where state rules have not been approved. See Wall v. EPA, 
265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See also 
60 FR 62748 (December 7, 1995) (Tampa, FL).
    Maine has a fully approved NSR program (61 FR 5690; Februrary 14, 
1996). Even if Maine did not have a fully approved NSR program, EPA has 
interpreted the section 184 OTR requirements, including NSR, as not 
being applicable for purposes of redesignation. The rationale for this 
is based on two factors. First, the requirement to submit SIP revisions 
for the section 184 requirements continues to apply to areas in the OTR 
after redesignation to attainment. Therefore, the State remains 
obligated to have New Source Review, as well as reasonably available 
control requirements (RACT) and Vehicle Inspection and Maintenance (I/
M) programs even after redesignation. Second, the section 184 control 
measures are region-wide requirements and do not apply to the area by 
virtue of its designation and classification. See 61 FR 53174, 53175-
53176 (October 10, 1996) and 62 FR 24826, 24830-32 (May 7, 1997). Thus, 
EPA proposes to find that the Portland area has satisfied all 8-hour 
ozone standard requirements applicable for purposes of section 
107(d)(3)(E) under Part D of the CAA.
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard and 
EPA's Anti-Backsliding Rules
    Prior to its designation as an 8-hour ozone nonattainment area, the 
Portland area was designated moderate for the 1-hour ozone standard. 
While, on June 15, 2005, the 1-hour ozone standard was revoked (see 40 
CFR 50.9(b)), under EPA's anti-backsliding rules, areas designated 
nonattainment for the 1-hour standard at the time of the 8-hour ozone 
designations remained subject to certain control measures that applied 
by virtue of the area's classification for the 1-hour NAAQS. 40 CFR 
51.900 et seq., see also 70 FR 30592, 30604 (May 26, 2005). The 
applicable Part D 1-hour standard requirements for purposes of 
redesignation are those that continue to apply under EPA's anti-
backsliding rules, which were promulgated in conjunction with the 
implementation of the 8-hour NAAQS. 40 CFR 51.900 et seq., as amended 
70 FR 30592, 30604 (May 26, 2005).
    40 CFR 51.905(a)(1) prescribes the 1-hour NAAQS requirements that 
continue to apply after revocation of the 1-hour NAAQS to former 1-hour 
ozone nonattainment areas. Section 51.905(a)(1)(i) provides that:
    ``The area remains subject to the obligation to adopt and implement 
the applicable requirements as defined in section 51.900(f), except as 
provided in paragraph (a)(1)(iii) of this section, and except as 
provided in paragraph (b) of this section * * *.'' Section 51.900(f), 
as amended by 70 FR 30592, 30604 (May 26, 2005), states that: 
``Applicable Requirements means for an area the following requirements 
to the extent such requirements apply or applied to the area for the 
area's classification under section 181(a)(1) of the CAA for the 1-hour 
NAAQS at the time the Administrator signs a final rule designating the 
area for the 8-hour standard as nonattainment, attainment, or 
unclassifiable.'' For a former 1-hour moderate area, such as Portland, 
the applicable requirements are as follows:

[[Page 60942]]

    (1) Reasonably available control technology (RACT);
    (2) Inspection and maintenance programs (I/M);
    (3) Major source applicability cut-offs for purposes of RACT;
    (4) Rate of Progress (ROP) Reductions;
    (5) NOX requirements under section 182(f) of the CAA; 
and
    (6) Attainment demonstration or an alternative as provided under 
Sec.  51.905(a)(1)(ii).
    Table 2 lists the control measures, effective in the Portland area. 
The table shows how the applicable requirements have been met for the 
Portland area. Thus, EPA believes that Portland has met all applicable 
Part D requirements under the 1-hour standard for purposes of 
redesignation under the 8-hour standard. In addition, Table 2a lists 
other programs Maine has implemented to address emissions of ozone 
precursors.

   Table 2.--Control Measures in the Portland Ozone Nonattainment Area
------------------------------------------------------------------------
        Name of measure          Type of measure      Approval status
------------------------------------------------------------------------
On-board refueling vapor        Federal Rule.....  Promulgated at 40 CFR
 recovery.                                          part 86.
Federal motor vehicle control   Federal Rule.....  Promulgated at 40 CFR
 program.                                           part 86.
Federal non-road heavy duty     Federal Rule.....  Promulgated at 40 CFR
 diesel engines.                                    part 89.
Federal non-road gasoline       Federal Rule.....  Promulgated at 40 CFR
 engines.                                           part 90.
Automotive refinishing........  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart B.
Consumer & commercial products  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart C.
AIM Surface Coatings..........  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart D.
1990 Base Year Emissions        Section 182 CAA    SIP approved (62 FR
 Inventory.                      Requirement.       9081; 2/28/97).
2002 Base Year Emissions        Section 182 CAA    SIP approved (71 FR
 Inventory.                      Requirement.       14815; 3/24/06).
1-Hour Emissions Statements...  Section 182 CAA    SIP approved (60 FR
                                 Requirement.       2524; 1/10/95).
5% Reduction Plan in Lieu of 1- Section 182 CAA    SIP approved (71 FR
 Hour Ozone Attainment           Requirement.       14815, 3/24/06).
 Demonstration.
15% VOC Reduction Plan........  Section 182 CAA    SIP approved (71 FR
                                 Requirement.       14815, 3/24/06).
VOC RACT pursuant to sections   Section 182 CAA    SIPs approved (57 FR
 182(a)(2)(A) and 182(b)(2)(B)   Requirement.       3046; 2/13/92), (58
 of CAA.                                            FR 15281; 3/22/93),
                                                    (59 FR 31154; 6/17/
                                                    94), (60 FR 33730; 6/
                                                    29/95).
VOC RACT pursuant to sections   Section 182 CAA    SIPs approved (65 FR
 182(b)(2)(A) and (C) of CAA.    Requirement.       20749; 4/18/00), (67
                                                    FR 35439; 5/20/02).
NOX RACT......................  Section 182 CAA    SIP approved (67 FR
                                 Requirement.       57154; 9/9/02).
------------------------------------------------------------------------


Table 2a.--New Source Review Program and Other Clean Air Act Programs in
                  the Portland Ozone Nonattainment Area
------------------------------------------------------------------------
        Name of measure          Type of measure      Approval status
------------------------------------------------------------------------
New Source Review.............  CAA Requirement..  SIP approved (61 FR
                                                    5690; 2/14/96).
Vehicle Inspection and          Ozone Transport    SIP approved (66 FR
 Maintenance Program.            Region             1871; 1/10/01).
                                 Requirement.
Stage II Vapor Recovery.......  Ozone Transport    SIP approved (61 FR
                                 Region             53636; 10/15/96).
                                 Requirement.
Low RVP Gasoline..............  State Initiative.  SIP approved (67 FR
                                                    10099; 3/6/02).
Solvent Cleaners..............  State Initiative.  SIP approved (70 FR
                                                    30367; 05/26/05).
NOX Control Program...........  State Initiative.  SIP approved (70 FR
                                                    11879; 03/10/05).
Emissions from Smaller-Scale    State Initiative.  SIP approved (70 FR
 Electric Generating Resources.                     30373; 05/26/05).
Architectural and Industrial    State Initiative.  SIP approved (71 FR
 Maintenance (AIM) Coatings.                        13767; 03/17/06).
Control of Emissions of         State Initiative.  SIP approved (70 FR
 Volatile Organic Compounds                         61382; 10/24/05).
 from Consumer Products.
Mobile Equipment Repair and     State Initiative.  SIP approved (70 FR
 Refinishing.                                       30367; 05/26/05).
Portable Fuel Container         State Initiative.  SIP approved (70 FR
 Spillage Control.                                  6352; 02/07/05).
------------------------------------------------------------------------

4. The Portland Area has a Fully Approved Applicable SIP for Purposes 
of Redesignation under Section 110(k) of the CAA
    EPA has fully approved the applicable Maine SIP for purposes of 
redesignation for the Portland area under section 110(k) of the CAA. 
EPA may rely on prior SIP approvals in approving a redesignation 
request. Calcagni Memo, p. 3 Southwestern Pennsylvania Growth Alliance 
v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998), Wall v. EPA, 265 F.3d 
426 (6th Cir. 2001), plus any additional measures it may approve in 
conjunction with a redesignation action. See 68 FR 25426 (May 12, 2003) 
and citations therein. Following passage of the CAA of 1970, Maine has 
adopted and submitted and EPA has fully approved at various times 
provisions addressing the various SIP elements applicable in the 
Portland area under the 1-hour standard (see Table 2).
    As indicated above, EPA believes that the section 110 elements not 
connected with nonattainment plan submissions and not linked to the 
area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA also believes that no 8-hour Part D 
requirements applicable

[[Page 60943]]

for purposes of redesignation have yet become due, except for the 
submission of the 2002 base year inventory, which Maine has submitted 
and EPA has approved (71 FR 14815 (March 24, 2006)), and therefore they 
need not be approved into SIP prior to redesignation.

C. The Air Quality Improvement in the Portland Area Is Due to Permanent 
and Enforceable Reductions in Emissions Resulting From Implementation 
of the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions

    EPA believes that the state has demonstrated that the observed air 
quality improvement in the Portland area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, Federal measures, and other state-adopted measures. EPA 
approved Maine's SIP control strategy for the Portland area, including 
rules and the emission reductions achieved as a result of those rules 
that are enforceable. Several Federal and statewide rules are in place 
which have improved the ambient air quality in this area. (See Tables 2 
and 2a above for a list of control measures and other CAA 
requirements.) The emission inventories for the Portland area show that 
between 2002 (the ozone season for which the area was classified) and 
2005 (the year the area came into attainment), VOC emissions were 
reduced by over 10 tons per summer day and NOX emissions 
were reduced by over 19 tons per summer day. Ozone precursor emissions 
were also reduced in upwind states.
    The Maine submittal discusses the meteorological data for the years 
2003, 2004 and 2005, and for many of the years leading up to 2003. The 
Maine submittal has numerous graphs and charts of ozone data, ozone 
precursor data, and meteorological data for the Portland area. These 
data all support the claim that the downward trend in ozone data is not 
due to favorable meteorology, but is due to permanent and enforceable 
reductions in ozone precursor emissions, both within the state and 
upwind from the state. EPA agrees with Maine's analysis on ozone 
trends. EPA agrees the downward trend in ozone in Maine has been 
occurring for several ozone seasons. The meteorology for the Portland 
area shows that for some of these ozone seasons the summers have been 
warmer than average, while others have been cooler than average, but 
the weather over the past several ozone seasons has not been 
unfavorable to ozone formation. In short, the air quality improvement 
in the Portland area is due to permanent and enforceable reductions in 
emissions resulting from implementation of the SIP and applicable 
federal air pollution control regulations and other permanent and 
enforceable reductions, not favorable meteorology. Therefore, EPA finds 
this requirement is met for the Portland area.

D. The Portland Area Has a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the CAA

    In conjunction with its request to redesignate the Portland 
nonattainment area to attainment status, Maine submitted a SIP revision 
to provide for the maintenance of the 8-hour ozone NAAQS in the 
Portland area for at least 10 years after redesignation.
1. What Is Required in a Maintenance Plan?
    Section 175A of the CAA sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
Under section 175A, the plan must demonstrate continued attainment of 
the applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the ten 
years following the initial ten-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment. The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions:
    (a) An attainment emissions inventory;
    (b) A maintenance demonstration;
    (c) A monitoring network;
    (d) Verification of continued attainment; and
    (e) A contingency plan.
2. What Is EPA's Analysis of the Portland Maintenance Plan?
    (a) Attainment Emissions Inventory--Maine selected 2005 as the 
attainment year for purposes of demonstrating attainment of the 8-hour 
ozone NAAQS. The 2005 VOC and NOX emission estimates for the 
Portland area were developed consistent with EPA guidance and are 
summarized in Table 3 below. Point source emissions were obtained using 
2004 data collected pursuant to Maine's Chapter 137 Emission Statement 
regulation; projections were made to 2005, 2009, and 2016 using 
economic-based growth factors. Non-road mobile emissions were 
calculated using the most recent NONROAD Model. On-road mobile source 
emissions were calculated using MOBILE 6.2 for 2005, 2009, and 2016. 
Area source emissions for 2002 were derived from Maine DEP's submittal 
made to the EPA's national emissions inventory (NEI) for 2002, and 
modified as described in support material submitted by Maine DEP to 
EPA. The 2002 area emissions were then projected to 2005, 2009, and 
2016.
    (b) Maintenance demonstration--Maine's August 3, 2006 SIP submittal 
includes a 10-year maintenance plan for the Portland area as required 
by section 175A of the Act. This demonstration shows compliance and 
maintenance of the 8-hour ozone standard by assuring that current and 
future emissions of VOC and NOX remain at or below 
attainment year emission levels. A maintenance demonstration need not 
be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), 
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 
53094, 53099-53100 (October 19, 2001), 68 FR 25430-25432 (May 12, 
2003).
    Maine used 2005 as the base year, 2009 was chosen as the interim 
year and 2016 is the ``out year,'' which as required, is at least 10 
years after the time necessary for EPA to review and approve the 
maintenance plan. (In addition, per 40 CFR part 93, a MVEB must be 
established for the last year of the maintenance plan. MVEBs are 
discussed in Section VII below.) Table 3 shows the emissions 
inventories for 2005, 2009 and 2016, for the Portland area. The 
emissions inventory shows a downward trend in precursor emissions data 
from 2005, through 2009 and continuing on until 2016. The decreases in 
emissions are a requirement of a maintenance plan. Maine has fulfilled 
this requirement.

[[Page 60944]]



  Table 3.--Attainment (2005), Interim (2009) and Maintenance (2016) Inventories for the Portland Nonattainment
                                              Area (3 Counties) \1\
                              [All emissions expressed in tons per summer week day]
----------------------------------------------------------------------------------------------------------------
                                                     2005      2005      2009
           Category                Subcategory        VOC       NOX       VOC    2009  NOX  2016  NOX  2016  NOX
----------------------------------------------------------------------------------------------------------------
Point.........................  .................     4.220    10.480     4.540     11.140      5.350     12.990
Area..........................  .................    41.557     6.301    42.579      6.491     47.331      6.723
Mobile........................  Onroad \2\.......    27.033    55.328    20.018     38.849     13.243     19.078
Mobile........................  Nonroad..........    20.592    12.020    17.917     10.170     15.560      6.801
Mobile........................  Locomotives......     0.030     0.849     0.027      0.747      0.024      0.620
                                                  --------------------------------------------------------------
    Total.....................  .................    93.432    84.978    85.081     67.397     81.508     46.212

    rChange in emissions from   .................  ........  ........    -8.351    -17.581    -11.924    -38.766
     2005.

----------------------------------------------------------------------------------------------------------------
r\1\ The emissions in the table are based on an inventory for three entire counties (Cumberland, Sagadahoc, and
  York Counties) rather than the somewhat smaller 57 town Portland nonattainment area. EPA believes it is
  reasonable to use countywide inventories for the purpose of this redesignation demonstration even though the
  nonattainment area itself includes the 57 towns in these three counties nearest the coast. The Agency
  concludes that the distribution of emissions for each source category across the counties will generally track
  population, which is highest along the coast. Therefore, the declining emissions trends reflected in this
  table for the three entire counties should generally be true for 57 town nonattainment area as well.
\2\ To provide a consistent comparison with the other source categories, the mobile onroad inventory numbers are
  based on an inventory for three entire counties (Cumberland, Sagadahoc and York Counties) and are therefore
  larger than motor vehicle emissions calculated for the 57 town Portland nonattainment area shown in Table 4.

    (c) Monitoring Network--There are currently 5 monitors measuring 
ozone in the Portland area. The State of Maine has committed in the 
maintenance plan to the necessary continued operation of the ozone 
monitoring network in compliance with 40 CFR Part 58, and has, 
therefore, addressed the requirement for continued ozone monitoring in 
this area.
    (d) Verification of Continued Attainment--The state has the legal 
authority to enforce and implement the requirements of the ozone 
maintenance plan. This includes the authority to adopt, implement and 
enforce any subsequent emission control contingency measures determined 
to be necessary to correct future ozone attainment problems. To 
implement the ozone maintenance plan, the state will continue to 
monitor ozone levels in the area. Maine has also committed to track the 
progress of the maintenance demonstration by periodically updating 
their emission inventory. Maine has committed to do this annually. The 
update will be based, in part, on the annual update of the NEI, and 
will indicate new source growth and other changes from the attainment 
inventory, including changes in vehicle miles traveled or in traffic 
patterns and changes in MOBILE6.2 or its successor.
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the Act requires 
that a maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation, and a time limit for action 
by the state. The state should also identify specific indicators to be 
used to determine when the contingency measures need to be implemented. 
The maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant that 
were contained in the SIP before redesignation of the area to 
attainment (see section 175A(d)).
    As stated in the Portland area maintenance plan, the Maine DEP has 
committed to the following procedure. At the conclusion of each ozone 
season, the Maine DEP will evaluate whether the design value for the 
Portland area is above or below the 8-hour ozone standard. If the 
design value is above the standard, the DEP will evaluate the potential 
causes of this design value increase. The DEP will examine whether this 
increase is due to an increase in local in-state emissions or an 
increase in upwind out-of-state emissions. If an increase in in-state 
emissions is determined to be a contributing factor to the design value 
increase, Maine will evaluate the projected in-state emissions for the 
Portland area for the ozone season in the following year. If in-state 
emissions are not expected to satisfactorily decrease in the following 
ozone season in order to mitigate the violation, Maine will implement 
one or more of the contingency measures listed in this section, or 
substitute a new VOC or NOX control measure(s) to achieve 
additional in-state emissions reductions.
    The contingency measures(s) will be selected by the Governor or the 
Governor's designee within 6 months of the end of the ozone season for 
which contingency measures have been determined necessary. Possible 
contingency measures include:

Adhesives

    Establish VOC content limits for industrial and commercial 
application of solvent-based adhesives and sealants based on California 
Air Resources Board (CARB) suggested RACT controls (1998).

Asphalt Paving

    Reduce the VOC content limit for cutback asphalt from 5% to 4%, and 
lower current VOC content limits for emulsified asphalt by 20%.

Automobile Refinish Coatings

    Adopt the VOC content limits contained in the Bay Area Air Quality 
Management District (BAAQMD) regulations.

Consumer Products

    Adopt and implement the July 20, 2005 CARB regulations. These 
regulations include emission limits for additional consumer product 
categories that are not included in Maine's existing Chapter 151 
consumer products rule.

Rule Effectiveness Improvement

    Increase enforcement of existing rules in order to increase rule 
effectiveness.

[[Page 60945]]

Small Source Non-CTG VOC RACT

    Reduce the major source and Chapter 134 non-CTG VOC RACT 
applicability threshold from 40 to 10 tons per year of actual 
emissions.
    The Portland area maintenance plan adequately addresses the five 
basic components of a maintenance plan: Attainment inventory; 
maintenance demonstration; monitoring network; verification of 
continued attainment; and a contingency plan. Therefore, EPA believes 
that the maintenance plan SIP revision submitted by Maine for the 
Portland area meets the requirements of section 175A of the Act.

VII. How are MVEBs Developed and What is an Adequacy Determination?

    Under the CAA, states are required to submit, at various times, 
control strategy SIPs and maintenance plans in ozone areas. These 
control strategy SIPs (e.g. reasonable further progress SIPs and 
attainment demonstration SIPs) and maintenance plans create MVEBs for 
criteria pollutants and/or their precursors to address pollution from 
cars and trucks. Per 40 CFR part 93, a MVEB is established for the last 
year of the maintenance plan. The MVEB is the portion of the total 
allowable emissions that is allocated to highway and transit vehicle 
use and emissions. The MVEB serves as a ceiling on emissions from an 
area's planned transportation system. The MVEB concept is further 
explained in the preamble to the November 24, 1993, transportation 
conformity rule (58 FR 62188). The preamble also describes how to 
establish the MVEB in the SIP and revise the MVEB.
    Under section 176(c) of the CAA, new transportation projects, such 
as the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the part of the state's air quality plan that 
addresses pollution from cars and trucks. ``Conformity'' to the SIP 
means that transportation activities will not cause new air quality 
violations, worsen existing violations, or delay timely attainment of 
the national ambient air quality standards. If a transportation plan 
does not ``conform,'' most new projects that would expand the capacity 
of roadways cannot go forward. Regulations at 40 CFR part 93 set forth 
EPA policy, criteria, and procedures for demonstrating and assuring 
conformity of such transportation activities to a SIP.
    When reviewing submitted ``control strategy'' SIPs or maintenance 
plans containing MVEBs, EPA must affirmatively find the MVEB budget 
contained therein ``adequate'' for use in determining transportation 
conformity. Once EPA affirmatively finds the submitted MVEB is adequate 
for transportation conformity purposes, that MVEB can be used by state 
and federal agencies in determining whether proposed transportation 
projects ``conform'' to the SIP as required by section 176(c) of the 
Act. EPA's substantive criteria for determining ``adequacy'' of an MVEB 
are set out in 40 CFR 93.118(e)(4).

VIII. What is the Status of EPA's Adequacy Determination for the 
Portland Area's MVEB for the Year 2016?

    The Portland area's 10-year maintenance plan submission contains 
new VOC and NOX MVEBs for the year 2016, which are shown in 
Table 4. The availability of the SIP submission with these 2016 MVEBs 
was announced for public comment on EPA's adequacy web page on August 
8, 2006, at: http://www.epa.gov/[fxsp0]otaq/transp/[fxsp0]conform/

[fxsp0]currsips.htm. The EPA public comment period on adequacy of the 
2016 MVEBs for the Portland area closed on September 7, 2006. EPA did 
not receive any adverse comments. EPA New England sent a letter to the 
Maine Department of Environmental Protection on September 8, 2006, 
stating that the 2016 MOBILE 6.2 motor vehicle emissions budgets in the 
August 3, 2006 SIP submittal are adequate.
    Additionally, EPA through this rulemaking is proposing to approve 
those MVEBs for use in determining transportation conformity because 
EPA has determined that the area maintains the standard with emissions 
at the levels of the budgets. The Maine DEP utilized the MOBILE 6.2 
model to calculate on-road emissions of VOC and NOX for the 
57 towns in York, Cumberland, Sagadahoc and Androscoggin County 
comprising the 8-hour nonattainment area. Maine is establishing motor 
vehicle emissions budgets for the last year of the Portland 8-hour 
ozone maintenance plan (year 2016) at 16.659 tons per summer weekday 
(tpswd) of VOC and 32.837 tpswd of NOX. These on-road mobile 
source emissions when added to emissions from all other inventory 
sources (stationary, other mobile (i.e., non-road, marine vessels, 
airplanes, locomotives) and area sources) result in year 2016 emissions 
inventories lower than the year 2005 attainment emissions inventory. 
These emissions budgets, once approved by EPA must be used for future 
transportation conformity determinations.

              Table 4.--The 2016 MVEBs for the Portland 8-Hour Ozone Nonattainment Area (57 Towns)
                            [Emissions expressed in tons per summer weekday (tpswd)]
----------------------------------------------------------------------------------------------------------------
                                                                   2005  VOC   2005  NOX   2016  VOC   2016  OX
----------------------------------------------------------------------------------------------------------------
Point...........................................................       3.669       8.210       4.627      10.118
Area............................................................      33.433       5.207      38.118       5.596
Mobile:
    Nonroad.....................................................      17.401      10.556      13.146       5.545
    Locomotives.................................................       0.015       0.423       0.013       0.342
    Onroad......................................................      22.476      46.776      11.032      16.098
                                                                 -----------------------------------------------
        Total Inventory.........................................      76.994      71.172      66.936      37.699
                                                                 -----------------------------------------------
Total Safety Margin.............................................  ..........  ..........      10.058      33.473
MVEB:
    Onroad......................................................      22.476      46.776      11.032      16.098
    Plus Safety Margin applied to MVEB..........................  ..........  ..........       5.627      16.739
                                                                 -----------------------------------------------
        Total MVEB..............................................  ..........  ..........      16.659      32.837
                                                                 -----------------------------------------------
Safety Margin Remaining.........................................  ..........  ..........       4.431      16.734
----------------------------------------------------------------------------------------------------------------


[[Page 60946]]

    As part of its maintenance plan, Maine elected to apply a portion 
of its ``safety margin'' to its MVEBs. In this case, a ``safety 
margin'' is the amount by which the total projected ozone precursor 
emissions, from all sources (point, area and mobile) are less than the 
total emissions that would maintain the ozone standard (i.e. the 
difference between 2005 and 2016 precursor emissions, with VOC and 
NOX treated separately). The attainment level of emissions 
is the level of emissions during one of the years in which the area met 
the NAAQS. For example, the Portland area attained the 8-hour ozone 
NAAQS during the 2003-2005 time period. Maine uses 2005 emissions as 
the attainment level of emissions for the area. The emissions from 
point, area, nonroad, and mobile sources in 2005 equaled 76.994 tpswd 
of VOC for the Portland area (see Table 4). Projected VOC emissions 
from point, area, nonroad, and mobile sources, out to the year 2016, 
equals 66.936 tpswd of VOC. The SIP demonstrates that the area will 
continue to maintain the standard with emissions at this level. The 
safety margin for VOCs is calculated to be the difference between the 
2005 VOC emissions (76.994 tpswd) and the 2016 VOC emissions (66.936 
tpswd), in this case, 10.058 tpswd is the VOC safety margin for 2016. 
By this same method, 33.473 tpswd (i.e., 71.172 tpswd less 37.699 
tpswd) is the safety margin for NOX for 2016. The emissions 
are projected to maintain the area's air quality consistent with the 
NAAQS. The safety margin is the extra emissions that can be allocated 
as long as the total attainment level of emissions is maintained. The 
credit, or a portion thereof, can be allocated to any of the source 
categories. For the year 2016, the available safety margin (see Table 
4) is 10.058 tpswd for VOC and 33.473 tpswd for NOX. After 
partial allocation of the safety margin to the MVEB (5.627 tpswd VOC 
and 16.739 tpswd NOX), the remaining safety margins are 
4.431 tpswd for VOC and 16.734 tpswd for NOX. Maine has not 
yet allocated the remaining safety margin to any source category under 
its maintenance plan, and the State will need to submit a SIP revision 
to amend its maintenance plan if in the future it decides to use any of 
the remaining safety margin. The 2016 MVEBs for Portland are approvable 
because the MVEBs for NOX and VOC, including the allocated 
safety margins, when added to all other inventory sources, continue to 
maintain the total emissions at or below the attainment year inventory 
levels as required by the transportation conformity regulations.

IX. What is EPA's Analysis of the Midcoast Redesignation Request?

    EPA is also proposing to determine that the Midcoast nonattainment 
area has attained the 8-hour ozone standard and that all other 
redesignation criteria have been met. The basis for EPA's proposed 
determination is as follows.

A. The Midcoast Area Has Attained the 8-Hour Ozone NAAQS

    EPA is proposing to determine that the Midcoast area has attained 
the 8-hour ozone NAAQS. For ozone, an area may be considered to be 
attaining the 8-hour ozone NAAQS if there are no violations, as 
determined in accordance with 40 CFR 50.10 and Appendix I, based on 
three complete, consecutive calendar years of quality-assured air 
quality monitoring data. To attain this standard, the 3-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
measured at each monitor within an area over each year must not exceed 
0.08 ppm. This 3-year average is known as the design value. Based on 
the rounding convention described in 40 CFR part 50, Appendix I, the 
standard is attained if the design value is 0.084 ppm or below. The 
data must be collected and quality-assured in accordance with 40 CFR 
part 58, and recorded in AQS. The monitors generally should have 
remained at the same location for the duration of the monitoring period 
required for demonstrating attainment.
    Maine submitted ozone monitoring data for the April through 
September ozone season from 2003 to 2005. This data has been quality 
assured and is recorded in AQS. The ozone data are summarized in Table 
5:

                      Table 5.--8-hour Ozone (parts per million, ppm) for the Midcoast Area
----------------------------------------------------------------------------------------------------------------
                                                            4th High 8-hr ozone average
            Monitor                  County      ------------------------------------------------ 3-Year Average
                                                       2003            2004            2005       (design value)
----------------------------------------------------------------------------------------------------------------
Port Clyde....................  Knox............           0.082           0.074           0.075           0.077
McFarland Hill................  Hancock.........           0.080           0.073           0.074           0.075
Cadillac Mountain.............  Hancock.........           0.094           0.088           0.082           0.082
Area Design Value.............  ................  ..............  ..............  ..............           0.082
----------------------------------------------------------------------------------------------------------------

    The design value for an area is the highest design value recorded 
at any monitor in the area. Therefore, as shown in Table 5, the design 
value for the Midcoast area is 0.082 ppm, which meets the standard as 
described above. Preliminary ozone data for the summer of 2006 still 
show the area as being in attainment.
    In addition, as discussed below with respect to the maintenance 
plan, Maine has committed to continue monitoring in this area in 
accordance with 40 CFR part 58. In summary, EPA believes that the data 
submitted by Maine provides an adequate demonstration that the Midcoast 
area has attained the 8-hour ozone NAAQS.

B. The Midcoast Area Has Met All Applicable Requirements for Purposes 
of Redesignation Under Section 110 and Part D of the CAA and the Area 
Has a Fully Approved SIP Under Section 110(k) for Purposes of 
Redesignation

    EPA has determined that Maine has met all applicable SIP 
requirements for the Midcoast area for purposes of redesignation under 
section 110 of the CAA (general SIP requirements). EPA has also 
determined that the Maine SIP meets applicable SIP requirements for 
purposes of redesignation under Part D of Title I of the CAA 
(requirements specific to subpart I, basic nonattainment areas, see 
section 107(d)(3)(E)(v)). In addition, EPA has determined that the SIP 
is fully approved with respect to all applicable requirements for 
purposes of redesignation (see section 107(d)(3)(E)(ii)). In making 
these determinations, EPA ascertained what requirements are applicable 
to the area and that they are fully approved under section 110(k). SIPs 
must be fully approved only with respect to applicable requirements.
    The September 4, 1992 Calcagni memorandum (see ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' Memorandum 
from John Calcagni, Director, Air Quality Management Division, 
September 4, 1992) describes EPA's

[[Page 60947]]

interpretation of section 107(d)(3)(E). Under this interpretation, to 
qualify for redesignation states requesting redesignation to attainment 
must meet the relevant CAA requirements that come due prior to the 
submittal of a complete redesignation request. See also Michael Shapiro 
memorandum, September 17, 1993 and 60 FR 12459, 12465-66 (March 7, 
1995) (redesignation of Detroit-Ann Arbor, MI). Applicable requirements 
of the CAA that come due subsequent to the area's submittal of a 
complete redesignation request remain applicable until a redesignation 
is approved, but are not required as a prerequisite to redesignation. 
Section 175A (c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 
2004). See also 68 FR 25424, 25427 (May 12, 2003).
1. Section 110 General SIP Requirements
    As explained in more detail in section VI.B.1 above, EPA believes 
that section 110 elements not linked to the area's nonattainment status 
are not applicable for purposes of redesignation. Any section 110 
requirements that are linked to the Part D requirements for 8-hour 
ozone nonattainment areas are not yet due, since, as explained below, 
no Part D requirements applicable for purposes of redesignation under 
the 8-hour standard became due prior to submission of the redesignation 
request. Therefore, EPA believes that the State has satisfied the 
criterion of section 107(d)(3)(E) regarding section 110 of the CAA for 
the Midcoast redesignation request.
2. Part D Nonattainment Area Requirements Under the 8-Hour Standard
    The Midcoast area is designated a subpart 1, basic nonattainment 
area for the 8-hour ozone standard. Sections 172-176 of the CAA, found 
in subpart 1 of Part D, set forth the basic nonattainment requirements 
for all nonattainment areas. Section 182 of the CAA, found in subpart 2 
of Part D, establishes additional specific requirements depending on 
the area's nonattainment classification. EPA has determined that the 
Maine SIP meets SIP requirements applicable for purposes of 
redesignation under part D of the Act. Under part D, an area's 
classification (marginal, moderate, serious, severe, and extreme) 
indicates the requirements to which it will be subject. For purposes of 
evaluating this redesignation request, the applicable part D, subpart 1 
requirements for all nonattainment areas are contained in section 
172(c)(1)-(9). A thorough discussion of the requirements contained in 
section 172 can be found in the General Preamble for Implementation of 
Title I (57 FR 13498). (See also 68 FR 4852-3 in St. Louis NPR for 
discussion of section 172 requirements.)
    With respect to the 8-hour standard, EPA proposes to determine that 
the Maine SIP meets all applicable SIP requirements for purposes of 
redesignation of the Midcoast area under part D of the CAA since no 8-
hour ozone standard Part D requirements applicable for purposes of 
redesignation became due prior to submission of the area's 
redesignation request. In addition to the fact that certain Part D 
requirements applicable for purposes of redesignation did not become 
due prior to submission of the redesignation request, EPA believes it 
is reasonable to interpret the conformity, new source review 
requirements, and OTR requirements as not requiring approval prior to 
redesignation. (See Section VI.B for a more detailed discussion of this 
interpretation.) Therefore, EPA proposes to find that the Midcoast area 
has satisfied all 8-hour ozone standard requirements applicable for 
purposes of section 107(d)(3)(E) under Part D of the CAA.
3. Part D Nonattainment Area Requirements Under the 1-Hour Standard and 
EPA's Anti-Backsliding Rules
    Prior to its designation as an 8-hour ozone nonattainment area, 
parts of the Midcoast area were designated maintenance for the 1-hour 
standard and the rest of the area was designated moderate nonattainment 
for the 1-hour ozone standard. While, on June 15, 2005, the 1-hour 
ozone standard was revoked (See 40 CFR 50.9(b)), under EPA's anti-
backsliding rules, areas designated nonattainment for the 1-hour 
standard at the time of the 8-hour ozone designations remained subject 
to certain control measures that applied by virtue of the area's 
classification for the 1-hour NAAQS. 40 CFR 51.900 et seq., see also 70 
FR 30592, 30604 (May 26, 2005). The applicable Part D 1-hour standard 
requirements for purposes of redesignation are those that continue to 
apply under EPA's anti-backsliding rules, which were promulgated in 
conjunction with the implementation of the 8-hour NAAQS. 40 CFR 51.900 
et seq., as amended 70 FR 30592, 30604 (May 26, 2005).
    40 CFR 51.905(a)(1) prescribes the 1-hour NAAQS requirements that 
continue to apply after revocation of the 1-hour NAAQS to former 1-hour 
ozone nonattainment areas. Section 51.905(a)(1)(i) provides that:
    ``The area remains subject to the obligation to adopt and implement 
the applicable requirements as defined in section 51.900(f), except as 
provided in paragraph (a)(1)(iii) of this section, and except as 
provided in paragraph (b) of this section * * *.'' Section 51.900(f), 
as amended by 70 FR 30592, 30604 (May 26, 2005), states that: 
``Applicable Requirements means for an area the following requirements 
to the extent such requirements apply or applied to the area for the 
area's classification under section 181(a)(1) of the CAA for the 1-hour 
NAAQS at the time the Administrator signs a final rule designating the 
area for the 8-hour standard as nonattainment, attainment, or 
unclassifiable.'' For the Midcoast area, where portions of the area 
were classified as moderate under the 1-hour standard the applicable 
requirements for those portions are as follows:
    (1) Reasonably available control technology (RACT);
    (2) Inspection and maintenance programs (I/M);
    (3) Major source applicability cut-offs for purposes of RACT;
    (4) Rate of Progress (ROP) Reductions;
    (5) NOX requirements under section 182(f) of the CAA; 
and
    (6) Attainment demonstration or an alternative as provided under 
Sec.  51.905(a)(1)(ii).
    Table 6 lists the control measures effective in the Midcoast area. 
The table shows how the applicable requirements have been met for the 
Midcoast area. Thus, EPA believes that Midcoast area has met all 
applicable Part D requirements under the 1-hour standard for purposes 
of redesignation under the 8-hour standard. In addition, Table 6a lists 
other programs Maine has implemented to address emissions of ozone 
precursors.

  Table 6.--Control Measures in the Midcoast Maine Ozone Nonattainment
                                  Area
------------------------------------------------------------------------
    Name of control measure      Type of measure      Approval status
------------------------------------------------------------------------
On-board refueling vapor        Federal Rule.....  Promulgated at 40 CFR
 recovery.                                          part 86.

[[Page 60948]]


Federal motor vehicle control   Federal Rule.....  Promulgated at 40 CFR
 program.                                           part 86.
Federal non-road heavy duty     Federal Rule.....  Promulgated at 40 CFR
 diesel engines.                                    part 89.
Federal non-road gasoline       Federal Rule.....  Promulgated at 40 CFR
 engines.                                           part 90.
Automotive Refinishing........  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart B.
Consumer & commercial products  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart C.
AIM Surface Coatings..........  Federal Rule.....  Promulgated at 40 CFR
                                                    part 59, subpart D.
1990 Base Year Emissions        Section 182 CAA    SIP approved (62 FR
 Inventory.                      Requirement.       9081; 2/28/97).
1 Hour Emissions Statements...  Section 182 CAA    SIP approved (60 FR
                                 Requirement.       2524; 1/10/95).
Ozone Attainment Demonstration  Section 182 CAA    Not required for the
                                 Requirement.       portion of the area
                                                    that was classified
                                                    as marginal under
                                                    the 1-hour standard
                                                    and the requirement
                                                    was waived do to
                                                    clean air quality
                                                    for the portions of
                                                    the area that was
                                                    classified as
                                                    moderate under the 1-
                                                    hour standard (60 FR
                                                    29763; June 6, 1995.
1-hour 15% VOC Rate of          Section 182 CAA    Not required for the
 Progress Plan.                  Requirement.       portion of the area
                                                    that was classified
                                                    as marginal under
                                                    the 1-hour standard
                                                    and the requirement
                                                    was waived do to
                                                    clean air quality
                                                    for the portions of
                                                    the area that was
                                                    classified as
                                                    moderate under the 1-
                                                    hour standard (60 FR
                                                    29763, June 6,
                                                    1995).
VOC RACT pursuant to sections   Section 182 CAA    SIPs approved (57 FR
 182(a)(2)(A) and 182(b)(2)(B)   Requirement.       3046; 2/13/92), (58
 of CAA.                                            FR 15281; 3/22/93),
                                                    (59 FR 31154; 6/17/
                                                    94), (60 FR 33730; 6/
                                                    29/95).
VOC RACT pursuant to sections   Section 182 CAA    SIP approved (65 FR
 182(b)(2)(A) and (C) of CAA.    Requirement.       20749; 4/18/00), (67
                                                    FR 35439; 5/20/02).
NOX RACT......................  Section 182 CAA    SIP approved (67 FR
                                 Requirement.       57154; 9/9/02).
------------------------------------------------------------------------


Table 6a.--New Source Review Program and Other Clean Air Act Programs in
                     the Midcoast Nonattainment Area
------------------------------------------------------------------------
        Name of measure          Type of measure      Approval status
------------------------------------------------------------------------
New Source Review.............  CAA Requirement..  SIP approved (61 FR
                                                    5690; 2/14/96).
Low RVP Gasoline applicable in  State Initiative.  SIP approved (67 FR
 Knox and Lincoln counties.                         10099; 3/6/02).
Solvent Cleaners..............  State Initiative.  SIP approved (70 FR
                                                    30367; 05/26/05).
NOX Control Program...........  State Initiative.  SIP approved(70 FR
                                                    11879; 03/10/05).
Emissions from Smaller-Scale    State Initiative.  SIP approved (70 FR
 Electric Generating Resources.                     30373; 05/26/05).
Architectural and Industrial    State Initiative.  SIP approved (71 FR
 Maintenance (AIM) Coatings.                        13767; 03/17/06).
Control of Emissions of         State Initiative.  SIP approved (70 FR
 Volatile Organic Compounds                         61382; 10/24/05).
 from Consumer Products.
Mobile Equipment Repair and     State Initiative.  SIP approved (70 FR
 Refinishing.                                       30367; 05/26/05).
Portable Fuel Container         State Initiative.  SIP approved (70 FR
 Spillage Control.                                  6352; 02/07/05).
------------------------------------------------------------------------

4. The Midcoast Area Has a Fully Approved Applicable SIP for Purposes 
of Redesignation Under Section 110(k) of the CAA
    EPA has fully approved the applicable Maine SIP for purposes of 
redesignation for the Midcoast area under section 110(k) of the Act. 
EPA may rely on prior SIP approvals in approving a redesignation 
request (See Calcagni Memo, p. 3 Southwestern Pennsylvania Growth 
Alliance v. Browner, 144 F.3d 984, 989-90 (6th Cir. 1998), Wall v. EPA, 
265 F.3d 426 (6th Cir. 2001)), plus any additional measures it may 
approve in conjunction with a redesignation action. See 68 FR 25426 
(May 12, 2003) and citations therein. Following passage of the CAA of 
1970, Maine has adopted and submitted and EPA has fully approved at 
various times provisions addressing the various SIP elements applicable 
in the Midcoast area under the 1-hour standard (see Table 6 and Table 
6a).
    As indicated above, EPA believes that the section 110 elements not 
connected with nonattainment plan submissions and not linked to the 
area's nonattainment status are not applicable requirements for 
purposes of redesignation. EPA also believes that no 8-hour Part D 
requirements applicable for purposes of redesignation of the Midcoast 
area have yet become due, and therefore they need not be approved into 
the SIP prior to redesignation.

C. The Air Quality Improvement in the Midcoast Area Is Due to Permanent 
and Enforceable Reductions in Emissions Resulting From Implementation 
of the SIP and Applicable Federal Air Pollution Control Regulations and 
Other Permanent and Enforceable Reductions

    EPA believes that the state has demonstrated that the observed air 
quality improvement in the Midcoast area is due to permanent and 
enforceable reductions in emissions resulting from implementation of 
the SIP, Federal measures, and other state-adopted measures. EPA 
approved Maine's SIP control strategy for the Midcoast area, including 
rules and the emission reductions achieved as a result

[[Page 60949]]

of those rules that are enforceable. Several Federal and statewide 
rules are in place which have improved the ambient air quality in this 
area. (See Tables 6 and 6a above for a list of control measures and 
other CAA requirements). The emission inventories in the four counties 
that comprise the Midcoast area show that between 2002 (the ozone 
season for which the area was classified) and 2005 (the year they came 
into attainment), VOC emissions were reduced by over 4 tons per summer 
day and NOX emissions were reduced by over 8 tons per summer 
day. Ozone precursor emissions were also reduced in upwind states.
    The Maine submittal discusses the meteorological data for the years 
2003, 2004 and 2005, and for many of the years leading up to 2003. The 
Maine submittal has numerous graphs and charts of ozone data, ozone 
precursor data, and meteorological data for the Midcoast area. These 
data all support the claim that the downward trend in ozone data is not 
due to favorable meteorology, but is due to permanent and enforceable 
reductions in ozone precursor emissions, both within the state and 
upwind from the state. EPA agrees with Maine's analysis on ozone 
trends. EPA agrees the downward trend in ozone in Maine has been 
occurring for several ozone seasons. The meteorology for the Midcoast 
area shows that for some of these ozone seasons the summers have been 
warmer than average, while others have been cooler than average, but 
the weather over the past several ozone seasons has not been 
unfavorable to ozone formation. In short, the air quality improvement 
in the Midcoast area is due to permanent and enforceable reductions in 
emissions resulting from implementation of the SIP and applicable 
Federal air pollution control regulations and other permanent and 
enforceable reductions, not favorable meteorology. Therefore, EPA finds 
this requirement is met for the Midcoast area.

D. The Midcoast Area Has a Fully Approved Maintenance Plan Pursuant to 
Section 175A of the CAA

    In conjunction with its request to redesignate the Midcoast 
nonattainment area to attainment status, Maine submitted a SIP revision 
to provide for the maintenance of the 8-hour ozone NAAQS in the 
Midcoast area for at least 10 years after redesignation.
1. What Is Required in a Maintenance Plan?
    Section 175A of the CAA sets forth the elements of maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the plan must demonstrate continued attainment of the 
applicable NAAQS for at least ten years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan which 
demonstrates that attainment will continue to be maintained for the ten 
years following the initial ten-year period. To address the possibility 
of future NAAQS violations, the maintenance plan must contain such 
contingency measures, with a schedule for implementation as EPA deems 
necessary to assure prompt correction of any future 8-hour ozone 
violations. Section 175A of the CAA sets forth the elements of a 
maintenance plan for areas seeking redesignation from nonattainment to 
attainment.
    The Calcagni memorandum dated September 4, 1992, provides 
additional guidance on the content of a maintenance plan. An ozone 
maintenance plan should address the following provisions:
    (a) An attainment emissions inventory;
    (b) A maintenance demonstration;
    (c) A monitoring network;
    (d) Verification of continued attainment; and
    (e) A contingency plan.
2. What Is EPA's Analysis of the Midcoast Maintenance Plan?
    (a) Attainment Inventory--Maine selected 2005 as the attainment 
year for purposes of demonstrating attainment of the 8-hour ozone 
NAAQS. The 2005 VOC and NOX emission estimates for the 
Midcoast area were developed consistent with EPA guidance and are 
summarized in Table 7 below. Point source emissions were obtained using 
2004 data collected pursuant to Maine's Chapter 137 Emission Statement 
regulation; projections were made to 2005, 2009, and 2016 using 
economic based growth factors. Non-road mobile emissions were 
calculated using the most recent NONROAD model. On-road mobile source 
emissions were calculated using MOBILE 6.2 for 2005, 2009, and 2016. 
Area source emissions for 2002 were derived from Maine DEP's submittal 
made to the EPA's national emissions inventory (NEI) for 2002, and 
modified as described in support material submitted by Maine DEP to 
EPA. The 2002 area emissions were then projected to 2005, 2009, and 
2016.
    (b) Maintenance demonstration--Maine's August 3, 2006 SIP submittal 
includes a 10-year maintenance plan for the Midcoast area as required 
by section 175A of the Act. This demonstration shows compliance and 
maintenance of the 8-hour ozone standard by assuring that current and 
future emissions of VOC and NOX remain at or below 
attainment year emission levels. A maintenance demonstration need not 
be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), 
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 
53094, 53099-53100 (October 19, 2001), 68 FR 25430-25432 (May 12, 
2003).
    Maine used 2005 as the base year, 2009 was chosen as the interim 
year and 2106 is the ``out year,'' which as required is at least 10 
years, after the time necessary for EPA to review and approve the 
maintenance plan. (In addition per 40 CFR part 93, a MVEB must be 
established for the last year of the maintenance plan.) MVEBs for the 
Midcoast area are discussed in Section X below. Table 7 shows the 
Midcoast area emissions inventories for 2005, 2009 and 2016. The 
emissions inventory shows a downward trend in precursor emissions data 
from 2005, through 2009 and continuing on until 2016. The decreases in 
emissions are a requirement of a maintenance plan. Maine has fulfilled 
this requirement.

           Table 7.--Attainment (2005), Interim (2009) and Maintenance (2016) Inventories for the Midcoast Nonattainment Area (4 Counties) \1\
                                              [All emissions expressed in tons per summer weekday (tpswd)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           2005                    2009                    2016
                   Category                                Subcategory           -----------------------------------------------------------------------
                                                                                      VOC         NOX         VOC         NOX         VOC         NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.........................................  ................................       1.520       4.530       1.640       5.360       1.840       6.080

[[Page 60950]]


Area..........................................  ................................      14.214       3.659      14.610       3.816      15.989       4.081
Mobile........................................  Onroad \2\......................       8.664      15.296       6.368      10.731       4.154       5.332
Mobile........................................  Nonroad.........................      13.727       4.713      12.073       4.284      10.217       3.343
Mobile........................................  Locomotives.....................       0.005       0.183       0.005       0.161       0.004       0.135
                                               ---------------------------------------------------------------------------------------------------------
                                                Total...........................      38.130      28.381      34.696      24.352      32.204      18.971
                                               =========================================================================================================
                                                Change in emissions from 2005...  ..........  ..........      -3.434      -4.029      -5.926       -9.41
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The emissions in the table are based on an inventory for four entire counties (Hancock, Knox, Lincoln and Waldo Counties) rather than the somewhat
  smaller 55 town Midcoast nonattainment area. EPA believes it is reasonable to use countywide inventories for the purpose of this redesignation
  demonstration even though the nonattainment area itself includes the 55 towns in these four counties nearest the coast. The Agency concludes that the
  distribution of emissions for each source category across the counties will generally track population, which is highest along the coast. Therefore,
  the declining emissions trends reflected in this table for the four entire counties should generally be true for 55 town nonattainment area as well.
\2\ To provide a consistent comparison with the other source categories, these Mobile Onroad Inventory numbers are based on an inventory for the entire
  four county area (Hancock, Knox, Lincoln and Waldo Counties) and are, therefore larger than motor vehicle emissions calculated for the 55 Town
  Midcoast nonattainment area shown in Table 8.

    (c) Monitoring Network--There are currently three monitors 
measuring ozone in the Midcoast area. The State of Maine has committed 
in the maintenance plan to the necessary continued operation of the 
ozone monitoring network in compliance with 40 CFR part 58, and has, 
therefore addressed the requirement for continued ozone monitoring in 
this area.
    (d) Verification of Continued Attainment--The state has the legal 
authority to enforce and implement the requirements of the ozone 
maintenance plan. This includes the authority to adopt, implement and 
enforce any subsequent emission control contingency measures determined 
to be necessary to correct future ozone attainment problems. To 
implement the ozone maintenance plan, the state will continue to 
monitor ozone levels in the area. Maine has also committed to track the 
progress of the maintenance demonstration by periodically updating 
their emission inventory. Maine has committed to do this annually. The 
update will be based, in part, on the annual update of the NEI, and 
will indicate new source growth and other changes from the attainment 
inventory, including changes in vehicle miles traveled or in traffic 
patterns and changes in MOBILE6.2 or its successor.
    (e) The Maintenance Plan's Contingency Measures--The contingency 
plan provisions are designed to promptly correct a violation of the 
NAAQS that occurs after redesignation. Section 175A of the Act requires 
that a maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation, and a time limit for action 
by the state. The state should also identify specific indicators to be 
used to determine when the contingency measures need to be implemented. 
The maintenance plan must include a requirement that the state will 
implement all measures with respect to control of the pollutant that 
were contained in the SIP before redesignation of the area to 
attainment. Section 175A(d).
    As stated in the Midcoast area maintenance plan, the Maine DEP has 
committed to the following procedure. At the conclusion of each ozone 
season, the Maine DEP will evaluate whether the design value for the 
Midcoast area is above or below the 8-hour ozone standard. If the 
design value is above the standard, the DEP will evaluate the potential 
causes of this design value increase. The DEP will examine whether this 
increase is due to an increase in local in-state emissions or an 
increase in upwind out-of-state emissions. If an increase in in-state 
emissions is determined to be a contributing factor to the design value 
increase, Maine will evaluate the projected in-state emissions for the 
Midcoast area for the ozone season in the following year. If in-state 
emissions are not expected to satisfactorily decrease in the following 
ozone season in order to mitigate the violation, Maine will implement 
one or more of the contingency measures listed in this section, or 
substitute a new VOC or NOX control measures to achieve 
additional in-state emissions reductions.
    The contingency measures(s) will be selected by the Governor or the 
Governor's designee within 6 months of the end of the ozone season for 
which contingency measures have been determined necessary. Possible 
contingency measures include:

Adhesives

    Establish VOC content limits for industrial and commercial 
application of solvent-based adhesives and sealants based on California 
Air Resources Board (CARB) suggested RACT controls (1998).

Asphalt Paving

    Reduce the VOC content limit for cutback asphalt from 5% to 4%, and 
lower current VOC content limits for emulsified asphalt by 20%.

Automobile Refinish Coatings

    Adopt the VOC content limits contained in the Bay Area Air Quality 
Management District (BAAQMD) regulations.

Consumer Products

    Adopt and implement the July 20, 2005 California Air Resources 
Board (CARB) regulations. These regulations include emission limits for 
additional consumer product categories that are not included in Maine's 
existing Chapter 151 consumer products rule.

Rule Effectiveness Improvement

    Increase enforcement of existing rules in order to increase rule 
effectiveness.

[[Page 60951]]

Small Source Non-CTG VOC RACT

    Reduce the major source and Chapter 134 non-CTG VOC RACT 
applicability threshold from 40 to 10 tons per year of actual 
emissions.
    The Midcoast area maintenance plan adequately addresses the five 
basic components of a maintenance plan: Attainment inventory; 
maintenance demonstration; monitoring network; verification of 
continued attainment; and a contingency plan. Therefore, EPA believes 
that the maintenance plan SIP revision submitted by Maine for the 
Midcoast area meets the requirements of section 175A of the Act.

X. What is the Status of EPA's Adequacy Determination for the Midcoast 
area's MVEB for the Year 2016?

    The Midcoast area's 10-year maintenance plan submission contains 
new VOC and NOX MVEBs for the year 2016, which are shown in 
Table 8. The development of MVEBs and adequacy determinations are 
explained in section VII above. The availability of the SIP submission 
with these 2016 MVEBs was announced for public comment on EPA's 
adequacy Web page on August 8, 2006, at: http://www.epa.gov/otaq/transp/conform/currsips.htm.
 The EPA public comment period on adequacy 

of the 2016 MVEBs for the Midcoast area closed on September 7, 2006. 
EPA did not receive any adverse comments. EPA New England sent a letter 
to the Maine Department of Environmental Protection on September 8, 
2006, stating that the 2016 MOBILE6.2 motor vehicle emissions budgets 
in the August 3, 2006 SIP submittal are adequate.
    40 CFR 93.118(b)(2) provides that when a maintenance plan has been 
submitted (as in this redesignation request), motor vehicle emissions 
must be less than or equal to the motor vehicle emissions budgets 
established for any other years for which the maintenance plan 
establishes motor vehicle emissions budgets. The Maine DEP used the 
MOBILE 6.2 model to calculate on-road VOC and NOX emissions 
for the last year (year 2016) of the Midcoast maintenance plan for the 
55 towns that make up the Midcoast maintenance area in Hancock, Knox, 
Lincoln and Waldo Counties. Maine is establishing motor vehicle 
emissions budgets for the last year of the Midcoast 8-hour ozone 
maintenance area (year 2016) at 3.763 tons per summer week day of VOC 
and 6.245 tons per summer week day. These on-road mobile source 
emissions when added to emissions from all other inventory sources 
(stationary, other mobile (i.e., non-road, marine vessels, airplanes, 
locomotives) and area sources) result in year 2016 emissions 
inventories lower than the year 2005 attainment emissions inventory.
    EPA through this rulemaking is proposing to approve these MVEBs for 
use in determining transportation conformity because EPA has determined 
that the area maintains the standard with emissions at the levels of 
the budgets.

              Table 8.--The 2016 MVEBs for the Midcoast 8-Hour Ozone Nonattainment Area (55 Towns)
                              [Emissions expressed in tons per summer day (tpswd)]
----------------------------------------------------------------------------------------------------------------
                                                                 2005                              2016
                                             -------------------------------------------------------------------
                                                            VOC                   NOX         VOC         NOX
----------------------------------------------------------------------------------------------------------------
Point.......................................  1.179.........................       4.300       1.390       5.788
Area........................................  8.568.........................       2.365       9.726       2.619
Mobile:
    Nonroad.................................  8.684.........................       2.689       6.439       1.987
    Locomotives.............................  0.009.........................       0.224       0.009       0.191
    Onroad..................................  5.131.........................       8.923       2.442       3.103
                                             -------------------------------------------------------------------
        Total Inventory.....................  23.571........................      18.501      20.006      13.688
----------------------------------------------------------------------------------------------------------------
        Total Safety Margin.................  ..............................  ..........       3.565       4.813
MVEB:
    Onroad..................................  5.131.........................       8.923       2.442       3.103
    Plus Safety Margin applied to MVEB......  ..............................  ..........       1.321       3.142
                                             -------------------------------------------------------------------
        Total MVEB..........................  ..............................  ..........       3.763       6.245
----------------------------------------------------------------------------------------------------------------
            Safety Margin Remaining.........  ..............................  ..........       2.244       1.671
----------------------------------------------------------------------------------------------------------------

    As part of the maintenance plan for the Midcoast area, Maine 
elected to apply a portion of its ``safety margin'' to its MVEBs. In 
this case, a ``safety margin'' is the amount by which the total 
projected ozone precursor emissions, from all sources (point area and 
mobile) are less than the total emissions that would maintain the ozone 
standard (i.e. the difference between 2005 and 2016 precursor 
emissions, with VOC and NOX treated separately). The 
attainment level of emissions is the level of emissions during one of 
the years in which the area met the NAAQS. For example, the Midcoast 
area attained the 8-hour ozone NAAQS during the 2003-2005 time period. 
Maine uses 2005 emissions as the attainment level of emissions for the 
area. The emissions from point, area, nonroad, and mobile sources in 
2005 equaled 23.571 tpswd of VOC for the Midcoast area (see Table 8). 
Projected VOC emissions from point, area, nonroad, and mobile sources, 
out to the year 2016, equals 20.006 tpswd of VOC. The SIP demonstrates 
that the area will continue to maintain the standard with emissions at 
this level. The safety margin for VOCs is calculated to be the 
difference between the 2005 VOC emissions (23.571 tpswd) and the 2016 
VOC emissions (20.006 tpswd), in this case, 3.565 tpswd is the VOC 
safety margin for 2016. By this same method, 4.813 tpswd (i.e., 18.501 
tpswd less 13.688 tpswd) is the safety margin for NOX for 
2016. The emissions are projected to maintain the area's air quality 
consistent with the NAAQS. The safety margin is the extra emissions 
that can be allocated as long as the total attainment level of 
emissions is maintained. The credit, or a portion thereof, can be 
allocated to any of the source categories. For the year 2016, the 
available safety margin (see Table 8) is

[[Page 60952]]

3.565 tpswd for VOC and 4.813 tpswd for NOX. After partial 
allocation of the safety margin to the MVEB (1.321 tpswd VOC and 3.142 
tpswd NOX), the remaining safety margins are 2.244 tpswd for 
VOC and 1.671 tpswd for NOX. Maine has not yet allocated the 
remaining safety margin to any source category under its maintenance 
plan, and the State will need to submit a SIP revision to amend its 
maintenance plan if in the future it decides to use any of the 
remaining safety margin. The 2016 MVEBs for Midcoast area are 
approvable because the MVEBs for NOX and VOC, including the 
allocated safety margins, when added to all other inventory sources, 
continue to maintain the total emissions at or below the attainment 
year inventory levels as required by the transportation conformity 
regulations.

XI. Proposed Actions on Maine's Redesignation Requests, 175 Maintenance 
Plan SIP Revisions, and Associated MVEBs

    EPA is proposing to determine that both the Portland, Maine and the 
Midcoast, Maine, 8-hour ozone nonattainment areas have attained the 8-
hour ozone NAAQS. EPA is also proposing to approve the redesignation of 
both the Portland, Maine and the Midcoast, Maine 8-hour ozone 
nonattainment areas from nonattainment to attainment for the 8-hour 
ozone NAAQS. EPA has evaluated the State of Maine's redesignation 
requests and determined that they meet the redesignation criteria set 
forth in section 107(d)(3)(E) of the CAA. EPA believes that the 
redesignation requests and monitoring data demonstrate that these two 
areas have attained the 8-hour ozone standard. The final approval of 
this redesignation request would change the official designation for 
both the Portland, Maine and the Midcoast, Maine 8-hour ozone 
nonattainment areas from nonattainment to attainment for the 8-hour 
ozone standard.
    EPA is proposing to approve the maintenance plan SIP revision and 
the 2016 MVEBs submitted by Maine for both the Portland, Maine and the 
Midcoast, Maine 8-hour ozone nonattainment areas in conjunction with 
the corresponding redesignation requests. EPA is proposing to approve 
the maintenance plan for both the Portland, Maine and the Midcoast, 
Maine 8-hour ozone nonattainment areas, because they meet the 
requirements of section 175A as described more fully above.
    EPA is soliciting public comments on the issues discussed in this 
document. These comments will be considered before taking final action.

XII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(E) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Accordingly, the Administrator 
certifies that this proposed 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 proposes to 
approve 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 proposed 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). This action 
merely proposes to affect the status of a geographical area, does not 
impose any new requirements on sources, or allows a state to avoid 
adopting or implementing other requirements, and does not alter the 
relationship or the distribution of power and responsibilities 
established in the Clean Air Act. This proposed 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 is not economically significant.
    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. Redesignation is an 
action that affects the status of a geographical area but does not 
impose any new requirements on sources. 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 proposed 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.).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

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

    Dated: October 8, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
 [FR Doc. E6-17226 Filed 10-16-06; 8:45 am]

BILLING CODE 6560-50-P
