

[Federal Register: November 21, 2007 (Volume 72, Number 224)]
[Rules and Regulations]               
[Page 65462-65466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2006-0704; A-1-FRL-8492-1]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Maine; Emission Statements Reporting and Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions 
submitted by the State of Maine. These revisions update Maine's 
criteria pollutant emissions reporting program and list of terms and 
associated definitions used in Maine's air pollution

[[Page 65463]]

control regulations. The intended effect of this action is to approve 
these revisions into the Maine SIP. This action is being taken under 
the Clean Air Act.

DATES: This direct final rule will be effective January 22, 2008, 
unless EPA receives adverse comments by December 21, 2007. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule in the Federal Register informing the public that the 
rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2006-0704 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 

submitting comments.
    2. E-mail: arnold.anne@epa.gov; Fax: (617) 918-0047; Mail: ``Docket 
Identification Number EPA-R01-OAR-2006-0704'', Anne Arnold, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100 (mail code CAQ), Boston, MA 02114-2023.
    3. Hand Delivery or Courier: Deliver your comments to: Anne Arnold, 
Manager, Air Quality Planning Unit, Office of Ecosystem Protection, 
U.S. Environmental Protection Agency, EPA New England Regional Office, 
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such 
deliveries are only accepted during the Regional Office's normal hours 
of operation. The Regional Office's official hours of business are 
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2006-0704. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
, or e-mail, information that you consider to be CBI 

or otherwise protected. The http://www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Office of Ecosystem 

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

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, EPA New England Regional Office, One Congress Street, Suite 1100-
CAQ, Boston, MA 02114-2023, telephone number 617-918-1046, fax number 
617-918-0046, e-mail mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: Organization of this document. The following 
outline is provided to aid in locating information in this preamble.

I. Background and Purpose
II. Chapter 137, Emission Statements
    A. Background and Purpose
    B. Evaluation of Maine's Submittal
    1. 40 CFR 51.15(a); Pollutants
    2. 40 CFR 51.20(b); Emission Thresholds
    3. 40 CFR 51.25; Geographic Coverage
    4. 40 CFR 51.30(a); Reporting Due Date
    5. Appendix A to Subpart A of 40 CFR Part 51; Table 2a
    C. Results of EPA's Analysis of State's Submittal
III. Chapter 100, Definitions
IV. Summary of SIP Revisions
V. Final Action
VI. Statutory and Executive Order Reviews

I. Background and Purpose

    On July 14, 2004, and February 8, 2006, the State of Maine 
submitted formal revisions to its State Implementation Plan (SIP). 
These SIP submittals consist of revisions to Maine's Chapter 137 
Emission Statements rule, and Chapter 100 list of definitions for terms 
used in Maine's air pollution control regulations. EPA approved 
previous versions of each of these rules, and is approving the revised 
rules in today's action.

II. Chapter 137, Emission Statements

    A. Background. Sections 182(a)(3)(B) and 184(b)(2) of the Clean Air 
Act (the Act) requires that states develop and submit, as SIP 
revisions, rules which establish annual reporting requirements for 
precursors of ozone from stationary sources. To meet this requirement, 
on January 3, 1994, Maine submitted its Chapter 137 Emission Statements 
rule to EPA and requested EPA incorporate the rule into the state's 
SIP. EPA did so by publishing, on January 10, 1995, a final rule 
approving Maine's Chapter 137 emission statements reporting rule into 
the state's SIP (see 60 FR 2524). Subsequently, on June 10, 2002, EPA 
published the Consolidated Emissions Reporting Rule (CERR) as a final 
rule in the Federal Register (67 FR 39602). This rule requires 
additional reporting obligations for states, chief among them a 
requirement that states collect air emissions data from stationary 
point sources for emissions of fine particulate matter (particulate 
matter with a diameter less than or equal to 2.5 micrometers, sometimes 
noted as PM2.5) and ammonia (NH3), which is a precursor to 
PM2.5 formation, and report this information to EPA. On July 
14, 2004, Maine submitted a revised version of its Chapter 137 Emission 
Statements rule to EPA. Maine had revised the rule in accordance with 
the provisions of EPA's CERR, and requested that EPA incorporate the 
revised rule into the state's SIP.
    B. Evaluation of Maine's Submittal. The CERR requires that states 
collect a variety of information pertaining to air emissions from 
industrial sources in the state, and report this information to

[[Page 65464]]

EPA. The discussion below describes how Maine's modified Chapter 137 
Emission Statements rule conforms with the requirements of EPA's CERR 
stated in 40 CFR Part 51.
    1. 40 CFR 51.15(a); Pollutants. 40 CFR 51.15(a)(1) requires that 
states report emissions of sulfur oxides, volatile organic compounds 
(VOC), nitrogen oxides, carbon monoxide, lead and lead compounds, 
primary PM2.5, primary PM10, and ammonia. Maine's 
revised Chapter 137 emission statements regulation requires collection 
of emissions data for all of these pollutants from industrial sources 
in the state.
    2. 40 CFR 51.20(b); Emission thresholds. 40 CFR 51.20(b) requires 
that states collect emissions data from all stationary sources that 
emit at levels above those shown in Table 1 of Appendix A to subpart 
51. Maine's revised Chapter 137 rule contains emission reporting 
thresholds that are more stringent than required by Table 1 of Appendix 
A, and as such the rule complies with EPA's 40 CFR 51.20(b) reporting 
requirement.
    3. 40 CFR 51.25; Geographic coverage. 40 CFR 51.25 requires 
collection of point source data from all sources in the state that emit 
pollutants above the level specified in 40 CFR 51.20(b). Maine's 
revised Chapter 137 rule requires statewide reporting, and as such 
complies with this requirement.
    4. 40 CFR 51.30(a); Reporting due date. 40 CFR 51.30(a) requires 
that states report their point source data to EPA no later than 17 
months after the end of the calendar year in which the emissions 
occurred. Maine's revised Chapter 137 rule requires that sources report 
their emissions to the state within 6 months of the end of the year in 
which the emissions occurred, so the state will have sufficient time to 
collect, review, and quality assure the data prior to submitting it to 
EPA.
    5. Appendix A to Subpart A of 40 CFR Part 51; Table 2a. Table 2a 
lists the data elements that states must report to EPA. The provisions 
of Maine's revised Chapter 137 Emission Statements rule will enable the 
state to submit all of the required point source data elements listed 
in Table 2a of Appendix A.
    C. Results of EPA's analysis of Maine's submittal. EPA's review has 
found that Maine's revised Chapter 137 Emission Statements rule meets 
all of the requirements of EPA's CERR, and therefore EPA is approving 
the revised rule into the state's SIP.
    EPA takes approval action on SIP revisions based on the authority 
of section 110(a) of the Act. Pursuant to section 110 (a)(1) of the 
Act, states are required to revise their SIP when EPA promulgates or 
revises a national ambient air quality standard (NAAQS). Maine's 
Chapter 137 Emission Statements regulation contains, in addition to 
criteria pollutant reporting provisions, requirements that will enable 
the state to collect data on certain hazardous air pollutants (HAPs) 
and greenhouse gas emissions. The HAP and greenhouse gas requirements 
are needed for Maine to implement programs at the state level, but are 
not required for federal reporting purposes under the CERR. Therefore, 
Maine did not include the Chapter 137 HAP and greenhouse gas 
requirements in its SIP revision request to EPA and these provisions 
are not being approved into the state's SIP.
    The specific requirements of Maine's Chapter 137 regulation and 
EPA's evaluation of these requirements are detailed in a memorandum 
dated August 7, 2006, entitled ``Technical Support Document (TSD) for 
revisions to the Maine SIP of Chapter 100, Definitions Regulation, and 
Chapter 137, Emission Statements.'' The TSD and Maine's Chapter 137 
Emission Statements rule are available in the docket supporting this 
action.

III. Chapter 100, Definitions

    Maine's Chapter 100 definitions regulation provides definitions for 
the terms used in the state's air pollution control regulations and 
emission standards. EPA previously approved Maine's Chapter 100 
definitions in a final rule published in the Federal Register on 
October 15, 1996 (61 FR 53639). Since that time, Maine has amended its 
Chapter 100 list of definitions on numerous occasions in conjunction 
with SIP submittals it has made over time for various programs such as 
the Title V permitting, best available control technology, and 
prevention of significant deterioration programs. EPA has reviewed the 
list of terms and found them to conform to the applicable EPA guidance, 
and so we are approving Maine's revised Chapter 100 list of definitions 
into the state's SIP. The specific requirements of Maine's Chapter 100 
Definitions regulation and EPA's evaluation of these requirements are 
detailed in the TSD which is available in the docket supporting this 
action.

IV. Summary of SIP Revisions

    For the reasons outlined above, EPA is approving Maine's revised 
Chapter 100 Definitions, and revised Chapter 137 Emission Statements 
regulations and incorporating these regulations into the state's SIP. 
Maine's Chapter 100 definitions regulation provides definitions for the 
terms used in the state's air pollution control regulations, many of 
which are federally enforceable. The state's Chapter 137 Emission 
Statements regulation has been amended to conform with the EPA's 
Consolidated Emission Statements Rule.

V. Final Action

    EPA is approving Maine's revised Chapter 100 list of definitions 
and revised Chapter 137 Emission Statements rule into the state's SIP.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
relevant adverse comments be filed. This rule will be effective January 
22, 2008 without further notice unless the Agency receives relevant 
adverse comments by December 21, 2007.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. All parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on January 22, 2008 and no further action will 
be taken on the proposed rule. Please note that if EPA receives adverse 
comment on an amendment, paragraph, or section of this rule and if that 
provision may be severed from the remainder of the rule, EPA may adopt 
as final those provisions of the rule that are not the subject of an 
adverse comment.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by

[[Page 65465]]

state law. Accordingly, the Administrator certifies that this rule will 
not have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
Because this rule approves pre-existing requirements under state law 
and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 22, 2008. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: October 25, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart U--Maine

0
2. Section 52.1020 is amended by removing paragraph (c)(34)(i)(C) and 
by adding paragraph (c)(62) as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (62) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 14, 2004, and 
February 8, 2006.
    (i) Incorporation by reference.
    (A) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine December 
24, 2005.
    (B) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements,'' effective in the State of Maine 
on July 6, 2004, with the exception of the following sections which the 
state did not include in its SIP revision request: section 137.1.C; 
section 137.1.E; section 137.1.F; section 137.2.A through F; section 
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the 
sentence beginning with ``Greenhouse gases'' to the end of this 
section; the note within section 137.D(5); section 137(E), and; 
Appendix A.
    (ii) Additional materials.
    (A) Nonregulatory portions of these submittals.
    (B) Correspondence from David W. Wright of the Maine DEP dated June 
6, 2006, indicating which portions of Chapter 137 should not be 
incorporated into the State's SIP.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding a new entry to 
the existing state citation for Chapter 100, and by revising the entry 
for Chapter 137 to read as follows:


Sec.  52.1031  EPA-approved Maine regulations.

* * * * *

[[Page 65466]]



                               Table 52.1031.--EPA-Approved Rules and Regulations
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                                   Date         Date
   State       Title/subject    adopted by  approved by  Federal Register      52.1020
  citation                        State          EPA          citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
100........  Definitions.....    12/1/2005     11/21/07  [Insert Federal   (c)(62).......  Revised to add
                                                          Register page                     definitions
                                                          number where                      associated with SIP
                                                          the document                      submittals made
                                                          begins].                          between 7/19/95 and
                                                                                            12/1/05.

                                                  * * * * * * *
137........  Emission             12/17/04     11/21/07  [Insert Federal   (c)(62).......  Revised to
              Statements.                                 Register page                     incorporate changes
                                                          number where                      required by EPA's
                                                          the document                      consolidated
                                                          begins].                          emissions reporting
                                                                                            rule. The entire
                                                                                            rule is approved
                                                                                            with the exception
                                                                                            of HAP and
                                                                                            greenhouse gas
                                                                                            reporting
                                                                                            requirements which
                                                                                            were not included in
                                                                                            the state's SIP
                                                                                            revision request.

                                                  * * * * * * *
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Note 1. The regulations are effective statewide unless stated otherwise in comments or title section.

[FR Doc. E7-22596 Filed 11-20-07; 8:45 am]

BILLING CODE 6560-50-P
