

[Federal Register: December 11, 2006 (Volume 71, Number 237)]
[Rules and Regulations]               
[Page 71489-71491]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de06-8]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R01-OAR-2006-OAR-0226; FRL-8253-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Redesignation of the Portland, Maine and the Hancock, Knox, 
Lincoln and Waldo Counties, Maine Ozone Nonattainment Areas to 
Attainment and Approval of These Areas' Maintenance Plans

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a redesignation request and a State 
Implementation Plan (SIP) revision submitted by the State of Maine. The 
Maine Department of Environmental Protection (ME DEP) is requesting 
that the Portland, Maine and the Hancock, Knox, Lincoln and Waldo 
Counties, Maine (also known as the Midcoast area) ozone nonattainment 
areas be redesignated as attainment for the 8-hour ozone national 
ambient air quality standard (NAAQS). In conjunction with its 
redesignation request, the ME DEP submitted a SIP revision consisting 
of maintenance plans for the Portland, Maine and the Hancock, Knox, 
Lincoln and Waldo Counties, Maine areas that provide for continued 
attainment of the 8-hour ozone NAAQS for the next 10 years. EPA is 
approving the redesignation requests and the maintenance plan as 
revisions to the Maine SIP in accordance with the requirements of the 
Clean Air Act. EPA is also approving the motor vehicle emission budgets 
(MVEBs) that are identified in the 8-hour maintenance plan for these 
areas for purposes of transportation conformity.

DATES: Effective Date: This rule is effective on January 10, 2007.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2006-OAR-0226. All documents in the 
docket are listed on the http://www.regulations.gov Web site. 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 
through http://www.regulations.gov or in hard copy at the Office of 

Ecosystem Protection, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100, Boston, MA. 
EPA requests that if at all possible, you contact the contact listed in 
the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The Regional Office's official hours of business are Monday 
through Friday, 8:30 to 4:30, excluding legal holidays. Copies of the 
documents relevant to this action are also available for public 
inspection during normal business hours, by appointment at the Bureau 
of Air Quality Control, Department of Environmental Protection, First 
Floor of the Tyson Building, Augusta Mental Health Institute Complex, 
Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

I. Background

    On October 17, 2006 (71 FR 60937), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maine. The NPR proposed 
approval of Maine's request to redesignate the Portland, Maine and the 
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone 
nonattainment areas and a SIP revision that establishes separate 
maintenance plans for these areas. The maintenance plans set forth how 
each area will maintain attainment of the 8-hour ozone NAAQS for the 
next 10 years in accordance with Section 175A of the Clean Air Act 
(CAA). The NPR also proposed approval of the motor vehicle emission 
budgets (MVEBs) associated with the maintenance plans. The formal SIP 
revision was submitted by the ME DEP on August 3, 2006. Other specific 
requirements of Maine's redesignation requests, the 175A maintenance 
plans, and the MVEBs, and the rationale for EPA's proposed action are 
explained in the NPR and will not be restated here. No adverse public 
comments were received on the NPR, however, two commenters did discover 
minor typographical errors in the NPR. EPA agrees with these commenters 
that there were typographical errors in the NPR. Some of the values for 
monitored ozone levels were misstated in two tables in the NPR. These 
misstatements were minor, and did not affect EPA's conclusions on the 
redesignation requests, that the design values for these areas qualify 
for redesignation. A response to comments document correcting the 
record was placed into the docket for this action.

II. Final Action

    EPA is approving the State of Maine's August 3, 2006 redesignation 
requests and maintenance plans for the Portland, Maine and the Hancock, 
Knox, Lincoln and Waldo Counties, Maine areas, because the requirements 
for approval have been satisfied for each area. EPA has evaluated 
Maine's redesignation requests, and determined that they meet the 
redesignation criteria set forth in

[[Page 71490]]

section 107(d)(3)(E) of the Clean Air Act. EPA believes that the 
redesignation requests and monitoring data demonstrate that the 
Portland, Maine and the Hancock, Knox, Lincoln and Waldo Counties, 
Maine areas have attained the 8-hour ozone standard. The final approval 
of this redesignation request will change the designation of the 
Portland, Maine and the Hancock, Knox, Lincoln and Waldo Counties, 
Maine area from nonattainment to attainment for the 8-hour ozone 
standard. EPA is approving the associated maintenance plans for these 
areas, submitted on August 3, 2006, as a revision to the Maine SIP. EPA 
is approving the maintenance plans for the Portland, Maine and the 
Hancock, Knox, Lincoln and Waldo Counties, Maine area because they meet 
the requirements of section 175A of the CAA. EPA is also approving the 
MVEBs associated with these maintenance plans.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it 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. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 9, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: November 30, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.

0
40 CFR parts 52 and 81 are amended as follows:
0
1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

0
2. Section 52.1023 is amended by adding paragraphs (g) and (h) to read 
as follows:


Sec.  52.1023  Control strategy: Ozone.

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    (g) Approval. EPA is approving a redesignation request for the 
Portland, Maine 8-hour ozone nonattainment area. Maine submitted this 
request on August 3, 2006. The request contains the required Clean Air 
Act Section 175A maintenance plan. The plan establishes motor vehicle 
emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of 
volatile organic compound and 32.837 tpsd of nitrogen oxide 
(NOX) to be used in transportation conformity determinations 
in the Portland area.
    (h) Approval. EPA is approving a redesignation request for the 
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone 
nonattainment area. Maine submitted this request on August 3, 2006. The 
request contains the required Clean Air Act Section 175A maintenance 
plan. The plan establishes motor vehicle emissions budgets for 2016 of 
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245 
tpsd of nitrogen oxide (NOX) to be used in transportation 
conformity determinations in the Hancock, Knox, Lincoln and Waldo 
Counties area.

[[Page 71491]]

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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


0
2. Section 81.320 is amended by revising the entries for the Portland, 
Maine and the Hancock, Knox, Lincoln and Waldo Counties, Maine area in 
the 8-hour ozone standard table to read as follows:


Sec.  81.320  Maine.

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                                                             Maine--Ozone (8-Hour Standard)
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                                                        Designation \a\                                         Category/classification
         Designated area         -----------------------------------------------------------------------------------------------------------------------
                                            Date \1\                        Type                        Date \1\                        Type
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Hancock, Knox, Lincoln and Waldo
 Cos., ME:
    Hancock County (part)         January 10, 2007............  Attainment..................
     (includes only the
     following cities and
     towns): Bar Harbor, Blue
     Hill, Brooklin,
     Brooksville, Cranberry
     Isle, Deer Isle,
     Frenchboro, Gouldsboro,
     Hancock, Lamoine, Mount
     Desert, Sedgwick, Sorrento,
     Southwest Harbor,
     Stonington, Sullivan,
     Surry, Swans Island,
     Tremont, Trenton, and
     Winter Harbor.
    Knox County (part) (includes  January 10, 2007............  Attainment..................
     only the following cities
     and towns): Camden,
     Criehaven, Cushing,
     Friendship, Isle au Haut,
     Matinicus Isle, Muscle
     Ridge Shoals, North Haven,
     Owls Head, Rockland,
     Rockport, St. George, South
     Thomaston, Thomaston,
     Vinalhaven, and Warren.
    Lincoln County (part)         January 10, 2007............  Attainment..................
     (includes only the
     following cities and
     towns): Alna, Boothbay,
     Boothbay Harbor, Breman,
     Bristol, Damariscotta,
     Dresden, Edgecomb,
     Monhegan, Newcastle,
     Nobleboro, South Bristol,
     Southport, Waldoboro,
     Westport, and Wiscasset.
    Waldo County (part)           January 10, 2007............  Attainment..................
     (includes only the
     following town): Islesboro.
Portland, ME:
    Androscoggin County (part)    January 10, 2007............  Attainment..................
     (includes only the
     following town): Durham.
    Cumberland County (part)      January 10, 2007............  Attainment..................
     (includes only the
     following cities and
     towns): Brunswick, Cape
     Elizabeth, Casco,
     Cumberland, Falmouth,
     Freeport, Frye Island,
     Gorham, Gray, Harpswell,
     Long Island, New
     Gloucester, North Yarmouth,
     Portland, Pownal, Raymond,
     Scarborough, South
     Portland, Standish,
     Westbrook, Windham, and
     Yarmouth.
    Sagadahoc County (includes    January 10, 2007............  Attainment..................
     all cities & towns).
    York County (part) (includes  January 10, 2007............  Attainment..................
     only the following cities
     and towns): Alfred,
     Arundel, Berwick,
     Biddeford, Buxton, Dayton,
     Elliot, Hollis, Kennebunk,
     Kennebunkport, Kittery,
     Limington, Lyman, North
     Berwick, Ogunquit, Old
     Orchard Beach, Saco,
     Sanford, South Berwick,
     Wells, and York.

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\a\ Includes Indian country located in each county or area, except otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

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[FR Doc. E6-20901 Filed 12-8-06; 8:45 am]

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