[Federal Register: October 1, 2008 (Volume 73, Number 191)] [Rules and Regulations] [Page 56970-56980] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr01oc08-8] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [ME-064-7013a; A-1-FRL-8719-7] Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for Maine AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. ----------------------------------------------------------------------- SUMMARY: EPA is revising the format of 40 CFR part 52 for materials submitted by the State of Maine that are incorporated by reference (IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by Maine and approved by EPA. [[Page 56971]] DATES: Effective Date: This rule is effective on October 1, 2008. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding legal holidays. An electronic copy of the Maine regulations we have approved for incorporation into the SIP are also available by accessing http:// www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460 and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_ register/code_of_federal_regulations/ibr_locations.html. FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone number (617) 918-1668, fax number (617) 918-0668, e-mail cooke.donald@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. Organization of this document. The following outline is provided to aid in locating information in this preamble. I. Change of IBR Format A. Description of a SIP B. How EPA Enforces the SIP C. How the State and EPA Update the SIP D. How EPA Compiles the SIP E. How EPA Organizes the SIP Compilation F. Where You Can Find a Copy of the SIP Compilation G. The Format of the New Identification of Plan Section H. When a SIP Revision Becomes Federally Enforceable I. The Historical Record of SIP Revision Approvals II. What EPA is Doing in This Action III. Good Cause Exemption IV. Statutory and Executive Order Reviews A. General Requirements B. Submission to Congress and the Comptroller General C. Petitions for Judicial Review I. Change of IBR Format This format revision will affect the ``Identification of plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA); the Air and Radiation Docket and Information Center located at EPA Headquarters in Washington, DC, and the EPA New England Regional Office. A. Description of a SIP Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) and achieve certain other Clean Air Act (Act) requirements (e.g., visibility requirements and prevention of significant deterioration). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring network descriptions, attainment demonstrations, and enforcement mechanisms. B. How EPA Enforces the SIP Each SIP revision submitted by Maine must be adopted at the state level after undergoing reasonable notice and opportunity for public comment. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules and timetables for compliance. EPA evaluates submitted SIPs to determine if they meet the Act's requirements. If a SIP meets the Act's requirements, EPA will approve the SIP. EPA's notice of approval is published in the Federal Register and the approval is then codified in the Code of Federal Regulations (CFR) at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by EPA and citizens in Federal district court. We do not reproduce in 40 CFR part 52 the full text of the Maine regulations that we have approved; instead, we incorporate them by reference (``IBR''). We approve a given state regulation with a specific effective date and then refer the public to the location(s) of the full text version of the state regulation(s) should they want to know which measures are contained in a given SIP (see ``I.F. Where You Can Find a Copy of the SIP Compilation''). C. How the State and EPA Update the SIP The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations. On May 22, 1997 (62 FR 27968), EPA announced revised procedures for incorporating by reference federally approved SIPs. The procedures announced included: (1) A new process for incorporating by reference material submitted by states into compilations and a process for updating those compilations on roughly an annual basis; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the compilations and the CFR; and (3) a revised format for the ``Identification of plan'' sections for each applicable subpart to reflect these revised IBR procedures. D. How EPA Compiles the SIP We have organized into a compilation the federally-approved regulations, source-specific requirements and nonregulatory provisions we have approved into the SIP. We maintain hard copies of the compilation in binders and we primarily update these binders on an annual basis. E. How EPA Organizes the SIP Compilation Each compilation contains three parts. Part one contains the state regulations, part two contains the source-specific requirements that have been approved as part of the SIP (if any), and part three contains nonregulatory provisions that we have approved. Each compilation contains a table of identifying information for each regulation, each source-specific requirement, and each nonregulatory provision. The state effective dates in the tables indicate the date of the most recent revision to a particular regulation. The table of identifying information in the compilation corresponds to the table of contents published in 40 CFR part 52 for the state. The EPA Regional Offices have the primary responsibility for ensuring accuracy and updating the compilations. F. Where You Can Find a Copy of the SIP Compilation EPA New England developed and will maintain a hard copy of the compilation for Maine. An electronic copy of the [[Page 56972]] Maine regulations we have approved are available on the following Web site: http://www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460; and National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http:// www.archives.gov/federal_register/code_of_federal_regulations/ibr_ locations.html. G. The Format of the New Identification of Plan Section In order to better serve the public, EPA has revised the organization of the ``Identification of plan'' section in 40 CFR part 52 and included additional information to clarify the elements of the SIP. The revised Identification of plan section for Maine contains five subsections: 1. Purpose and scope (see 40 CFR 52.1020(a)); 2. Incorporation by reference (see 40 CFR 52.1020(b)); 3. EPA-approved regulations (see 40 CFR 52.1020(c)); 4. EPA-approved source-specific requirements (see 40 CFR 52.1020(d)); and 5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, monitoring networks, etc. (see 40 CFR 52.1020(e)). H. When a SIP Revision Becomes Federally Enforceable All revisions to the applicable SIP are federally enforceable as of the effective date of EPA's approval of the respective revisions. In general, SIP revisions become effective 30 to 60 days after publication of EPA's SIP approval action in the Federal Register. In specific cases, a SIP revision action may become effective less than 30 days or greater than 60 days after the Federal Register publication date. In order to determine the effective date of EPA's approval for a specific Maine SIP provision that is listed in paragraph 40 CFR 52.1020 (c), (d), or (e), consult the volume and page of the Federal Register cited in the ``EPA approval date'' column of 40 CFR 52.1020 for that particular provision. I. The Historical Record of SIP Revision Approvals To facilitate enforcement of previously approved SIP provisions and to provide a smooth transition to the new SIP processing system, we are retaining the original Identification of plan section (see 40 CFR 52.1037). This section previously appeared at 40 CFR 52.1020. After an initial two-year period, we will review our experience with the new table format and will decide whether or not to retain the original Identification of plan section (40 CFR 52.1037) for some further period. II. What EPA Is Doing in This Action Today's action constitutes a ``housekeeping'' exercise to reformat the codification of the EPA-approved Maine SIP. III. Good Cause Exemption EPA has determined that today's action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon a finding of ``good cause,'' authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's action simply reformats the codification of provisions which are already in effect as a matter of law. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law. Likewise, there is no purpose served by delaying the effective date of this action. IV. Statutory and Executive Order Reviews A. General Requirements Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; thus the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ``Attorney General's Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings'' issued under the executive order. This rule does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and Executive Orders for the underlying rules is discussed in previous actions taken on the State's rules. [[Page 56973]] B. Submission to Congress and the Comptroller General The Congressional Review Act (5 U.S.C. 801 et seq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's action simply reformats the codification of provisions which are already in effect as a matter of law, 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of March 1, 2007. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. These corrections to the Identification of plan for Maine is not a ``major rule'' as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Maine SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need to reopen the 60-day period for filing such petitions for judicial review for this reorganization of the ``Identification of plan'' section of 40 CFR 52.1020 for Maine. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 17, 2008. Robert W. Varney, Regional Administrator, EPA New England. 0 Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows: PART 52--[AMENDED] 0 1. The authority for 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 redesignated as Sec. 52.1037 and the section heading and paragraph (a) are revised to read as follows: Sec. 52.1037 Original identification of plan section. (a) This section identifies the original ``Air Implementation Plan for the State of Maine'' and all revisions submitted by Maine that were federally approved prior to September 1, 2008. * * * * * 0 3. A new Sec. 52.1020 is added to read as follows: Sec. 52.1020 Identification of plan. (a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Maine under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2008, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2008, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of September 1, 2008. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_ of_federal_regulations/ibr_locations.html. (c) EPA approved regulations. [[Page 56974]] EPA-Approved Maine Regulations ---------------------------------------------------------------------------------------------------------------- State EPA Approval Date State citation Title/Subject effective EPA approval date Explanations date and citation \1\ ---------------------------------------------------------------------------------------------------------------- Chapter 1....................... Regulations for the 05/20/1985 03/23/1993, 58 FR Portions of Processing of 15422. Chapter 1. EPA Applications. did not approve the following sections of Chapter One: Section 1(A) through 1(Q), and 1(U) through 1(EE); Section 2; Section 4 (C) and (D); last sentence of Section 5(B); last sentence of Section 6(B); Section 6(D); Section 7(B)(1), (B)(2), and (B)(4) through (B)(11); Section 8(A), and 8(E) through 8(L); Sections 9, 10 and 11; Section 13; and Sections 15 and 16. Chapter 100..................... Definitions............. 12/01/2005 11/21/2007, 72 FR 65462. Chapter 101..................... Visible Emissions....... 10/10/1979 02/17/1982, 47 FR 6829. Chapter 102..................... Open Burning............ 03/17/2005 02/21/2008, 73 FR 9459. Chapter 103..................... Fuel Burning Equipment 01/24/1983 02/26/1985, 50 FR Particular Emission 7770. Standard. Chapter 104..................... Incinerator Particulate 01/31/1972 05/31/1972, 37 FR Emission Standard. 10842. Chapter 105..................... General Process Source 01/31/1972 05/31/1972, 37 FR Particulate Emission 10842. Standard. Chapter 106..................... Low Sulfur Fuel 02/08/1978 01/08/1982, 47 FR Regulations. 947. Chapter 107..................... Sulfur Dioxide Emission 01/31/1972 05/31/1972, 37 FR Standards for Sulfate 10842. Pulp Mills. Chapter 109..................... Emergency Episode 08/14/1991 01/12/1995, 60 FR Regulation. 2885. Chapter 110..................... Ambient Air Quality 07/24/1996 03/22/2004, 69 FR Standards. 13227. Chapter 111..................... Petroleum Liquid Storage 09/27/1989 02/03/1992, 57 FR Vapor Control. 3946. Chapter 112..................... Gasoline Bulk Terminals. 07/19/1995 10/15/1996, 61 FR 53636. Chapter 113..................... Growth Offset Regulation 06/22/1994 02/14/1996, 61 FR 5690. Chapter 114..................... Classification of Air 04/27/1994 08/30/1995, 60 FR Revision to Remove Quality Control Regions. 45056. Presque Isle as nonattainment for PM10. Chapter 115..................... Emission License 06/22/1994 02/14/1996, 61 FR Regulation. 5690. Chapter 116..................... Prohibited Dispersion 10/25/1989 03/23/1993, 58 FR Techniques. 15422. Chapter 117..................... Source Surveillance..... 08/09/1988 03/21/1989, 54 FR 11524. Chapter 118..................... Gasoline Dispensing 07/19/1995 10/15/1996, 61 FR Facilities. 53636. Chapter 119..................... Motor Vehicle Fuel 06/01/2000 03/06/2002, 67 FR Controls fuel Volatility Limit. 10099. volatility in the state. 7.8 psi RVP fuel required in 7 southern counties. Chapter 120..................... Gasoline Tank Trucks.... 06/22/1994 06/29/1995, 60 FR 33730. Chapter 123..................... Paper Coater Regulation. 09/27/1989 02/03/1992, 57 FR The operating 3946. permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR Sec. 52.1020 (c)(11), (c)(11), and (c)(18), respectively, are withdrawn. Chapter 126..................... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR Procedures. 15281. Chapter 126 Appendix A.......... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR Appendix. Procedures. 15281. [[Page 56975]] Chapter 127 and Appendix A...... New Motor Vehicle 12/31/2000 04/28/2005, 70 FR Including Appendix Emission Standards. 21959. A. Low emission vehicle program, with no ZEV requirements. Program achieves 90% of full LEV benefits. Chapter 127 Basis Statement included in the nonregulatory material. Chapter 129..................... Surface Coating 01/06/1993 06/17/1994, 59 FR Facilities. 31154. Chapter 129 Appendix A.......... Surface Coating 01/06/1993 06/17/1994, 59 FR Appendix. Facilities. 31154. Chapter 130..................... Solvent Cleaners........ 06/17/2004 05/26/2005, 70 FR 30367. Chapter 131..................... Cutback and Emulsified 01/06/1993 06/17/1994, 59 FR Asphalt. 31154. Chapter 132..................... Graphic Arts: 01/06/1993 06/17/1994, 59 FR Rotogravure and 31154. Flexography. Chapter 132 Appendix A.......... Graphic Arts: 01/06/1993 06/17/1994, 59 FR Appendix. Rotogravure and 31154. Flexography. Chapter 133..................... Gasoline Bulk Plants.... 06/22/1994 06/29/1995, 60 FR 33730. Chapter 134..................... Reasonably Available 02/08/1995 04/18/2000, 65 FR Regulations fully Control Technology for 20749. approved for the Facilities that Emit following Volatile Organic counties: York, Compounds. Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostock, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. Chapter 137..................... Emission Statements..... 07/06/2004 11/21/2007, 72 FR Revised to 65462. incorporate changes required by EPA's consolidated emissions reporting rule. The entire rule is approved with the exception of HAP and greenhouse gas reporting requirements which were not included in the State's SIP revision request. Chapter 138..................... Reasonably Available 08/03/1994 09/09/2002, 67 FR Affects sources in Control Technology for 57148. York, Cumberland, Facilities that Emit Sagadahoc, Nitrogen Oxides. Androscoggin, Kennebec, Lincoln, and Knox counties. Chapter 139..................... Transportation 09/19/2007 02/08/2008, 73 FR Conformity. 7465. Chapter 141..................... Conformity of General 04/19/2007 02/20/2008, 73 FR Federal Actions. 9203. Chapter 145..................... NOX Control Program..... 06/21/2001 03/10/2005, 70 FR 11879. Chapter 148..................... Emissions from Smaller- 07/15/2004 05/26/2005, 70 FR Scale Electric 30373. Generating Resources. Chapter 151..................... Architectural and 10/06/2005 03/17/2006, 71 FR Industrial Maintenance 13767. (AIM) Coatings. Chapter 152..................... Control of Emissions of 08/19/2004 10/24/2005, 70 FR Volatile Organic 61382. Compounds from Consumer Products. Chapter 153..................... Mobile Equipment Repair 02/05/2004 05/26/2005, 70 FR and Refinishing. 30367. Chapter 155..................... Portable Fuel Container 07/14/2004 02/07/2005, 70 FR With the exception Spillage Control. 6352. of the word ``or'' in Subsection 7C which Maine did not submit as part of the SIP revision. Vehicle I/M..................... Vehicle Inspection and 07/09/1998 01/10/2001, 66 FR ``Maine Motor Maintenance. 1871. Vehicle Inspection Manual,'' revised in 1998, pages 1- 12 through 1-14, and page 2-14, D.1.g. [[Page 56976]] Vehicle I/M..................... Vehicle Inspection and 07/09/1998 01/10/2001, 66 FR Maine Motor Maintenance. 1871. Vehicle Inspection and Maintenance authorizing legislation effective July 9, 1998 and entitled L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.'' ---------------------------------------------------------------------------------------------------------------- \1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. (d) EPA-approved State Source specific requirements. EPA-Approved Maine Source Specific Requirements ---------------------------------------------------------------------------------------------------------------- State Name of source Permit number effective EPA approval date Explanations date \2\ ---------------------------------------------------------------------------------------------------------------- Central Maine Power, W.F. Department Finding of 01/01/1977 01/08/1982, 47 FR ...................... Wyman Station, Cousins Fact and Order Air 947. Island, Yarmouth, Maine. Emission License. Lincoln Pulp and Paper Air Emission License 03/09/1983 05/01/1985, 50 FR ...................... Company, Kraft Pulp Mill, Renewal; and New 18483. (Lincoln, Maine). License for No. 6 Boiler. JJ Nissen Baking Company, Air Emission License A- 02/27/1997 04/18/2000, 65 FR VOC RACT Determination Cumberland County, Portland 440-74-C-A. 20749. issued by Maine Maine. Department of Environmental Protection (ME DEP) on February 25, 1997. Prime Tanning Company, York Air Emission License 03/23/1997 04/18/2000, 65 FR VOC RACT Determination County, Berwick, Maine. Amendment 5 20749. issued by ME DEP on A-376-72-E-A. July 23, 1997. Prime Tanning Company, York Air Emission License 10/28/1997 04/18/2000, 65 FR VOC RACT Determination County, Berwick, Maine. Amendment 6 20749. issued by ME DEP on A-376-72-F-M. October 27, 1997. Portsmouth Naval Shipyard, Air Emission License 07/25/1997 04/18/2000, 65 FR VOC RACT Determination York County, Kittery, Maine. Amendment 4 20749. issued by ME DEP on A-452-71-F-M. July 25, 1997. Dexter Shoe Company, Penobscot Air Emission License A- 12/05/1996 04/18/2000, 65 FR VOC RACT Determination County, Dexter, Maine. 175-72-H-A/R. 20749. issued by ME DEP on December 5, 1996. Dexter Shoe Company, Penobscot Air Emission License 10/22/1997 04/18/2000, 65 FR VOC RACT Determination County, Dexter, Maine. Amendment 1 20749. issued by ME DEP on A-175-71-I-M. October 20, 1997. Pioneer Plastics Corporation, Air Emission License 06/16/1997 04/18/2000, 65 FR VOC RACT Determination Androscoggin County, Auburn, Amendment 3 20749. issued by ME DEP on Maine. A-448-71-P-A. June 16, 1997. Georgia Pacific Corporation, Air Emission License 01/05/1996 04/18/2000, 65 FR VOC RACT Determination Washington County, Woodland, Minor Revision/ 20749. issued by ME DEP on Maine. Amendment 10 January 4, 1996. A-215-71-T-M. Champion International Air Emission License 01/19/1996 04/18/2000, 65 FR VOC RACT Determination Corporation, Hancock County, Amendment 5 20749. issued by ME DEP on Bucksport, Maine. A-22-71-K-A. January 18, 1996. International Paper Company, Air Emission License 10/04/1995 04/18/2000, 65 FR VOC RACT Determination Franklin County, Jay, Maine. Amendment 8 20749. issued by ME DEP on A-203-71-R-A. October 4, 1995. International Paper Company, Air Emission License 12/13/1995 04/18/2000, 65 FR VOC RACT Determination Franklin County, Jay, Maine. Amendment 9 20749. issued by ME DEP on A-203-71-S-M. December 13, 1995. James River Corporation, Air Emission License 12/11/1995 04/18/2000, 65 FR VOC RACT Determination Penobscot County, Old Town, Minor Revision/ 20749. issued by ME DEP on Maine. Amendment 6 December 8, 1995. A-180-71-R-M. Lincoln Pulp and Paper Air Emission License 12/19/1995 04/18/2000, 65 FR VOC RACT Determination Company, Penobscot County, Amendment 8 20749. issued by ME DEP on Lincoln, Maine. A-177-71-J-M. December 18, 1995. [[Page 56977]] S.D. Warren Paper Company, Air Emission License 12/19/1995 04/18/2000, 65 FR VOC RACT Determination Cumberland County, Westbrook, Minor Revision/ 20749. issued by ME DEP on Maine. Amendment 14 December 18, 1995. A-29-71-Z-M. S.D. Warren Paper Company, Air Emission License 10/04/1995 04/18/2000, 65 FR VOC RACT Determination Somerset County, Skowhegan, Amendment 14 20749. issued by ME DEP on Maine. A-19-71-W-M. October 4, 1995. S.D. Warren Paper Company, Air Emission License 01/10/1996 04/18/2000, 65 FR VOC RACT Determination Somerset County, Skowhegan, Amendment 15 20749. issued by ME DEP on Maine. A-19-71-Y-M. January 9, 1996. Boise Cascade Corporation, Air Emission License 12/21/1995 04/18/2000, 65 FR VOC RACT Determination Oxford County, Rumford, Maine. Amendment 11 20749. issued by ME DEP on A-214-71-X-A. December 20, 1995. Bath Iron Works Corporation, Departmental Finding 04/11/2001 05/20/2002, 67 FR VOC RACT determination Sagadahoc County, Bath, Maine. of Fact and Order Air 35439. for Bath Iron Works. Emission License Amendment 10 A-333-71-M-M. United Technologies Pratt & Departmental Finding 04/26/2001 05/20/2002, 67 FR VOC RACT determination Whitney, York County, North of Fact and Order Air 35439. for Pratt & Whitney. Berwick, Maine. Emission License Amendment 6 A-453-71-N-M. United Technologies Pratt & Departmental Finding 07/02/2001 05/20/2002, 67 FR VOC RACT determination Whitney, York County, North of Fact and Order Air 35439. for Pratt & Whitney. Berwick, Maine. Emission License Amendment 7 A-453-71-O-M. Moosehead Manufacturing Departmental Finding 05/10/2001 05/20/2002, 67 FR VOC RACT determination Company, Piscataquis County, of Fact and Order Air 35439. for Moosehead Dover-Foxcroft, Maine. Emission License Manufacturing's Dover- Amendment 2 Foxcroft plant. A-338-71-F-M. Moosehead Manufacturing Departmental Finding 05/10/2001 05/20/2002, 67 FR VOC RACT determination Company, Piscataquis County, of Fact and Order Air 35439. for Moosehead Monson, Maine. Emission License Manufacturing's Amendment 2 Monson plant. A-339-71-F-M. Central Maine Power Company, Departmental Finding 05/18/1995 09/09/2002, 67 FR Case-specific NOX W.F. Wyman Station, of Fact and Order Air 57148. RACT. Air emission Cumberland County, Yarmouth, Emission License license A-388-71-C-A, Maine. Amendment 1 Amendment 1, A-388-71-C-A. condition (q) for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station. Central Maine Power Company, Departmental Finding 02/16/1996 09/09/2002, 67 FR Case-specific NOX W.F. Wyman Station, of Fact and Order Air 57148. RACT. Air emission Cumberland County, Yarmouth, Emission License license A-388-71-D-M, Maine. Amendment 1 amendment 1, A-388-71-D-M. conditions 19 and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station. Tree Free Fiber Company, LLC, Departmental Finding 06/12/1996 09/09/2002, 67 FR Case-specific NOX Kennebec County, Augusta, of Fact and Order Air 57148. RACT. Air emission Maine. Emission License license A-195-71-G-M, Amendment 1 Amendment 1, A-195-71-G-M. for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.). Tree Free Fiber Company, LLC, Departmental Finding 06/16/1995 09/09/2002, 67 FR Case-specific NOX Kennebec County, Augusta, of Fact and Order Air 57148. RACT. Air emission Maine. Emission License license A-195-71-D-A/ Amendment 1 R, section (II)(D), A-195-71-D-A/R. paragraphs (II)(F)(1) and (3), and conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.). Pioneer Plastics Corporation, Departmental Finding 08/23/1995 09/09/2002, 67 FR Case-specific NOX Androscoggin County, Auburn, of Fact and Order Air 57148. RACT. Air emission Maine. Emission License A- license A-448-72-K-A/ 448-72-K-A/R. R, paragraphs (II)(D)(2), (II)(D)(3) and conditions (13)(f) and 14(k) for Pioneer Plastics Corporation. Pioneer Plastics Corporation, Departmental Finding 03/10/1997 09/09/2002, 67 FR Case-specific NOX Androscoggin County, Auburn, of Fact and Order Air 57148. RACT. Air emission Maine. Emission License license A-448-71-O-M, Amendment 2 Amendment 2, A-448-71-O-M. condition (14)(k), for Pioneer Plastics Corporation. [[Page 56978]] Scott Paper Company, Kennebec Departmental Finding 11/15/1995 09/09/2002, 67 FR Case-specific NOX County, Winslow, Maine. of Fact and Order Air 57148. RACT. Air emission Emission License license A-188-72-E-A, Amendment 2 Amendment 2, A-188-72-E-A. conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper Company. The Chinet Company, Kennebec Departmental Finding 01/18/1996 09/09/2002, 67 FR Case-specific NOX County, Waterville, Maine. of Fact and Order Air 57148. RACT. Air emission Emission License A- license A-416-72-B-A, 416-72-B-A. conditions (l) 1, 2, 3a, 3b, 3c, 3e, and (m) for The Chinet Company. FMC Corporation-Food Departmental Finding 02/07/1996 09/09/2002, 67 FR Case-specific NOX Ingredients Division, Knox of Fact and Order Air 57148. RACT. Air emission County, Rockland, Maine. Emission License license A-366-72-H-A, Amendment 5 Amendment 5, A-366-72-H-A. conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation-Food Ingredients Division. Dragon Products Company, Inc., Departmental Finding 06/05/1996 09/09/2002, 67 FR Case-specific NOX Knox County, Thomaston, Maine. of Fact and Order Air 57148. RACT. Emission License Amendment 5 A-326-72-N-A. Dragon Products Company, Inc., Departmental Finding 03/05/1997 09/09/2002, 67 FR Case-specific NOX Knox County, Thomaston, Maine. of Fact and Order Air 57148. RACT. Emission License Amendment 7 A-326-71-P-M. S.D. Warren Paper Company, Departmental Finding 06/12/1996 09/09/2002, 67 FR Case-specific NOX Cumberland County, Westbrook, of Fact and Order Air 57148. RACT. Air emission Maine. Emission License license A-29-71-Y-A, Amendment 13 Amendment 13, conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company. Mid-Maine Waste Action Departmental Finding 10/16/1996 09/09/2002, 67 FR Case-specific NOX Corporation, Androscoggin of Fact and Order Air 57148. RACT. County, Auburn, Maine. Emission License Amendment 2 A-378-72-E-A. Portsmouth Naval Shipyard, Departmental Finding 10/21/1996 09/09/2002, 67 FR Case-specific NOX York County, Kittery, Maine. of Fact and Order Air 57148. RACT. Air emission Emission License license A-452-71-D-A, Amendment 2 Amendment 2, A-452-71-D-A. conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20 for Portsmouth Naval Shipyard. Portsmouth Naval Shipyard, Departmental Finding 07/25/1997 09/09/2002, 67 FR Case-specific NOX York County, Kittery, Maine. of Fact and Order Air 57148. RACT. Air emission Emission License license A-452-71-F-M, Amendment 4 Amendment 4, A-452-71-F-M. condition 4 for Portsmouth Naval Shipyard. Maine Energy Recovery Company, Departmental Finding 11/12/1996 09/09/2002, 67 FR Case-specific NOX York County, Biddeford, Maine. of Fact and Order Air 57148. RACT. Emission License Amendment 4 A-46-71-L-A. ---------------------------------------------------------------------------------------------------------------- \2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. (e) Nonregulatory. ---------------------------------------------------------------------------------------------------------------- State Applicable submittal Name of non regulatory SIP geographic or date/ EPA approved date Explanations provision nonattainment area effective \3\ date ---------------------------------------------------------------------------------------------------------------- Impact of Projected Growth for Maine's Standard 06/26/1974 04/29/1975, 40 FR ....................... Next 10 Years on Air Quality Metropolitan 18726. for Maine Standard Metropolitan Statistical Areas. Statistical Areas. Incinerator Emission Standard-- Maine.............. 05/21/1975 04/10/1978, 43 FR Revision to incinerator Regulation Implementation Plan 14964. particulate emission Change, Findings of Fact and standard which would Order. exempt wood waste cone burners from the plan until 1980. [[Page 56979]] Incinerator Emission Standard-- Maine.............. 09/24/1975 04/10/1978, 43 FR Revision to incinerator Regulation and Implementation 14964. particulate emission Plan Change, Findings of Fact standard which would and Order. exempt municipal waste cone burners from the plan until 1980. Air Quality Surveillance........ Maine.............. 03/10/1978 03/23/1979, 44 FR Revision to Chapter 5 17674. of the SIP. New Sources and Modifications... Maine.............. 03/10/1978 03/23/1979, 44 FR Revision to Chapter 6 17674. of the SIP. Review of New Sources and Maine.............. 12/19/1979 01/30/1980, 45 FR Revision to Chapter 6 Modifications. 6784. of the SIP. Revisions to State Air Maine.............. 03/28/1979 02/19/1980, 45 FR Includes Control Implementation Plan as Required 10766. Strategies for by the Federal Clean Air Act. Particulates, Carbon Monoxide, and ozone. Plan for Public Involvement in Maine.............. 05/28/1980 09/09/1980, 45 FR A plan to provide for Federally Funded Air Pollution 59314. public involvement in Control Activities. federally funded air pollution control activities. Air Quality Surveillance........ Maine.............. 07/01/1980 01/22/1981, 46 FR Revision to Chapter 5 6941. of the SIP. Attain and Maintain the NAAQS Maine.............. 11/05/1980 08/27/1981, 46 FR Control Strategy for for Lead. 43151. Lead. Revision to Chapter 2.5. Establishment of Air Quality Metropolitan 10/30/1975 01/08/1982, 47 FR Department Findings of Control Sub-Region. Portland Air 947. Fact and Order--Sulfur Quality Control Dioxide Control Region. Strategy. Sulfur Dioxide Control Strategy-- Portland-Peninsula 10/30/1975 01/08/1982, 47 FR Department Findings of Low Sulfur Fuel Regulation. Air Quality 947. Fact and Order-- Control Region. Implementation Plan Revision. Letter from the Maine DEP Maine.............. 06/03/1991 02/03/1992, 57 FR documenting the December 1990 3046.. survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut- off in Chapter 112. Withdrawal of Air Emission Maine.............. 10/03/1990 02/03/1992, 57 FR Department of Licenses for: Pioneer Plastics; 3046. Environmental Eastern Fine Paper; and S.D. Protection Letter Warren, Westbrook. dated December 5, 1989, withdrawing three source-specific licenses as of October 3, 1990. Portions of Chapter 1 entitled Maine.............. 02/08/1984 03/23/1993, 58 FR ``Regulations for the 15422.. Processing of Applications''. Review of New Sources and Maine.............. 11/06/1989 03/23/1993, 58 FR Revision to Chapter 6 Modifications. 15422. of the SIP. Letter from the Maine DEP Maine.............. 05/01/1989 03/23/1993, 58 FR regarding implementation of 15422.. BACT. Review of New Sources and Maine.............. 11/02/1990 03/18/1994, 59 FR Revision to Chapter 6 Modifications. 12853. of the SIP. Joint Memorandum of City of Presque 03/11/1991 01/12/1995, 60 FR Part B of the MOU which Understanding (MOU) Among: City Isle, Maine. 2885. the Maine Department of Presque Isle; ME DOT and ME of Environmental DEP. Protection (ME DEP) entered into with the City of Presque Isle, and the Maine Department of Transportation (ME DOT). Maine State Implementation Plan City of Presque 08/14/1991 01/12/1995, 60 FR An attainment plan and to Attain the NAAQS for Isle, Maine. 2885. demonstration which Particulate Matter (PM10) outlines Maine's Presque Isle Maine. control strategy for attainment of the PM10 NAAQS and implement RACM and RACT requirements for Presque Isle. Memorandum of Understanding City of Presque 05/25/1994 08/30/1995, 60 FR Revisions to Part B of among: City of Presque Isle; ME Isle, Maine. 45056. the MOU which the ME DOT and ME DEP. DEP entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the ME DOT. Maintenance Demonstration and City of Presque 04/27/1994 08/30/1995, 60 FR A maintenance Contingency Plan for Presque Isle, Maine. 45056. demonstration and Isle. contingency plan which outline Main's control strategy maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle. Letter from the Maine DEP dated Maine.............. 07/07/1994 09/12/1995, 60 FR Letter from the Maine July 7, 1994, submitting Small 47285. Department of Business Technical Assistance Environmental Program. Protection submitting a revision to the Maine SIP. Revisions to the SIP for the Maine Statewide.... 05/12/1994 09/12/1995, 60 FR Revisions to the SIP Small Business Stationary 47285. for the Small Business Source Technical and Stationary Source Environmental Compliance Technical and Assistance Program. Environmental Compliance Assistance Program Dated July 12, 1994 and effective on May 11, 1994. [[Page 56980]] Corrected page number 124 of the Maine.............. 08/16/1994 09/12/1995, 60 FR Letter from ME DEP Small Business Stationary 47285. dated August 16, 1994 Source Technical and submitting a corrected Environmental Compliance page to the July 12, Assistance Program SIP. 1994 SIP revision. Negative Declaration for Maine Statewide.... 11/15/1994 04/18/2000, 65 FR Letter from ME DEP Synthetic Organic Chemical 20749. dated November 15, Manufacturing Industry 1994 stating a Distillation and Reactors negative declaration Control Technique Guideline for the Synthetic Categories. Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline Categories. Letter from the Maine Department Greater Portland 11/19/1998 01/10/2001, 66 FR Letter from the Maine of Environmental Protection Metropolitan 1875. Department of regarding Control of Motor Statistical Area. Environmental Vehicle Pollution (Inspection Protection dated and Maintenance Program). November 19, 1998 submitting a revision to the Maine SIP. State of Maine Implementation Greater Portland 11/11/1998 01/10/2001, 66 FR Maine Motor Vehicle Plan for Inspection/Maintenance Metropolitan 1875. Inspection and dated November 11, 1998. Statistical Area. Maintenance Program. Letter from the Maine DEP Southern Maine..... 05/29/2001 03/06/2002, 67 FR Letter from the Maine submitting additional technical 10099. Department of support and an enforcement plan Environmental for Chapter 119 as an amendment Protection dated May to the SIP. 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan. Application for a Waiver of Southern Maine..... 05/25/2001 03/06/2002, 67 FR Additional technical Federally-Preempted Gasoline 10099. support. Standards. Letter from the Maine DEP dated Maine.............. 07/01/1997 09/09/2002, 67 FR Letter from the Maine July 1, 1997, submitting case- 57148. Department of specific NOX RACT Environmental determinations. Protection submitting a revision to the Maine SIP. Letter from the Maine DEP dated Maine.............. 10/09/1997 09/09/2002, 67 FR Letter from the Maine October 9, 1997, submitting 57148. Department of case-specific NOX RACT Environmental determinations. Protection submitting a revision to the Maine SIP. Letter from the Maine DEP dated Maine.............. 08/14/1998 09/09/2002, 67 FR Letter from the Maine August 14, 1998, submitting 57148. Department of case-specific NOX RACT Environmental determinations. Protection submitting a revision to the Maine SIP. Chapter 127 Basis Statement..... Maine.............. 12/31/2000 04/28/2005, 70 FR 21959.. Correspondence from Maine DEP Maine.............. 06/06/2006 11/21/2007, 72 FR Correspondence from indicating which portions of 65462. David W. Wright of the Chapter 137 should not be Maine DEP indicating incorporated into the State's which portions of SIP. Chapter 137 Emission Statements should not be incorporated into the State's SIP. State of Maine MAPA 1 form for Maine nonattainment 09/10/2007 02/08/2008, 73 FR Certification that the Chapter 139 Transportation areas, and 7465. Attorney General Conformity. attainment areas approved the Rule as with a maintenance to form and legality. plan. Amendment to Chapter 141 Maine nonattainment 04/19/2007 02/20/2008, 73 FR Maine Department of Conformity of General Federal areas, and 9203. Environmental Actions. attainment areas Protection amended its with a maintenance incorporation-by- plan. reference within Chapter 141.2 to reflect EPA's revision to the Federal General Conformity Rule for fine particulate matter promulgated on July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853 Applicability. State of Maine MAPA 1 form for Maine.............. 01/03/2003 02/21/2008, 73 FR Certification that the Chapter 102 Open Burning 9459. Attorney General Regulation. approved the Rule as to form and legality. ---------------------------------------------------------------------------------------------------------------- \3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. [FR Doc. E8-22958 Filed 9-30-08; 8:45 am] BILLING CODE 6560-50-P
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