Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for Maine, 56970-56980 [E8-22958]
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
through related accounting conventions.
Values may be historic or projected.
However, you may rely on projected values
only to the extent that they remain consistent
with your documentation.
(4) Calculating percentage value of U.S.origin items. To determine the percentage
value of U.S-origin controlled content
incorporated in, commingled with, or
‘‘bundled’’ with the foreign produced item,
divide the total value of the U.S.-origin
controlled content by the foreign-made item
value, then multiply the resulting number
times 100. If the percentage value of
incorporated U.S.-origin items is equal to or
less than the de minimis level described in
§ 734.4 of the EAR, then the foreign-made
item is not subject to the EAR.
(b) One-time report. As stated in
paragraphs (c) and (d) of § 734.4, a one-time
report is required before reliance on the de
minimis rules for technology. The purpose of
the report is solely to permit the U.S.
Government to evaluate whether U.S. content
calculations were performed correctly.
(1) Contents of report. You must include in
your report a description of the scope and
nature of the foreign technology that is the
subject of the report and a description of its
fair market value, along with the rationale
and basis for the valuation of such foreign
technology. Your report must indicate the
country of destination for the foreign
technology reexports when the U.S.-origin
controlled content exceeds 10%, so that BIS
can evaluate whether the U.S.-origin
controlled content was correctly identified
based on paragraph (a)(1) of this Supplement.
The report does not require information
regarding the end-use or end-users of the
reexported foreign technology. You must
include in your report the name, title,
address, telephone number, E-mail address,
and facsimile number of the person BIS may
contact concerning your report.
(2) Submission of report. You must submit
your report to BIS using one of the following
methods:
(i) E-mail: rpd2@bis.doc.gov;
(ii) Fax: (202) 482–3355; or
(iii) Mail or Hand Delivery/Courier:
Regulatory Policy Division, U.S. Department
of Commerce, Bureau of Industry and
Security, Regulatory Policy Division, 14th
and Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230.
(3) Report and wait. If you have not been
contacted by BIS concerning your report
within thirty days after filing the report with
BIS, you may rely upon the calculations
described in the report unless and until BIS
contacts you and instructs you otherwise. BIS
may contact you with questions concerning
your report or to indicate that BIS does not
accept the assumptions or rationale for your
calculations. If you receive such a contact or
communication from BIS within thirty days
after filing the report with BIS, you may not
rely upon the calculations described in the
report, and may not use the de minimis rules
for technology that are described in § 734.4
of this part, until BIS has indicated that such
calculations were performed correctly.
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PART 736—[AMENDED]
11. The authority citation for 15 CFR
part 736 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp. p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13338, 69 FR 26751, May 13, 2004; Notice of
July 23, 2008, 73 FR 43603 (July 25, 2008);
Notice of November 8, 2007, 72 FR 63963
(November 13, 2007).
12. Section 736.2 is amended by
revising the heading of paragraph (b)(2)
and the introductory paragraph to
(b)(2)(i) to read as follows:
■
§ 736.2 General Prohibitions and
Determination of Applicability.
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(b) * * *
(2) General Prohibition Two—
Reexport and export from abroad of
foreign-made items incorporating more
than a de minimis amount of controlled
U.S. content (U.S. Content Reexports).
(i) You may not, without a license or
license exception, reexport or export
from abroad foreign-made commodities
that incorporate controlled U.S.-origin
commodities, foreign-made
commodities that are ‘‘bundled’’ with
controlled U.S.-origin software, foreignmade software that is commingled with
controlled U.S.-origin software, or
foreign-made technology that is
commingled with controlled U.S.-origin
technology if such items require a
license according to any of the
provisions in the EAR and incorporate
or are commingled with more than a de
minimis amount of controlled U.S.
content, as defined in § 734.4 of the EAR
concerning the scope of the EAR.
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(46) § 734.4(g), de minimis calculation
(method).
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PART 774—[AMENDED]
15. The authority citation for 15 CFR
part 774 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).
16. Supplement No. 3 to part 774 is
amended by revising Note 2 to read as
follows:
■
SUPPLEMENT NO. 3 TO PART 774—
STATEMENTS OF UNDERSTANDING
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*
*
*
*
Notes applicable to State of Understanding
related to Medical Equipment:
*
*
*
*
*
(2) Commodities or software are considered
‘‘incorporated’’ if the commodity or software
is: Essential to the functioning of the medical
equipment; customarily included in the sale
of the medical equipment; and exported or
reexported with the medical equipment.
*
*
*
*
*
Dated: September 25, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–23142 Filed 9–30–08; 8:45 am]
BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
PART 762—[AMENDED]
[ME–064–7013a; A–1–FRL–8719–7]
13. The authority citation for 15 CFR
part 762 is revised to read as follows:
Approval and Promulgation of Air
Quality Implementation Plans; Revised
Format for Materials Being
Incorporated by Reference for Maine
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of July 23,
2008, 73 FR 43603 (July 25, 2008).
14. Section 762.2 is amended by:
a. Revising paragraphs (b)(44) and
(b)(45); and
■ b. Adding a new paragraph (b)(46), to
read as follows:
■
■
§ 762.2
Records to be retained.
*
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(b) * * *
(44) § 745.2, End-use certificates;
(45) § 758.2(c), Assumption writing;
and
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Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
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.
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
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 https://
www.epa.gov/ne/topics/air/sips.html. A
hard copy of the regulatory and sourcespecific 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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
DATES:
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:
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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
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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
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(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
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Maine regulations we have approved are
available on the following Web site:
https://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: https://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)).
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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’’
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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
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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.
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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).
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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
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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.
Part 52 of chapter I, title 40, Code of
Federal Regulations, is amended as
follows:
■
PART 52—[AMENDED]
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart U—Maine
2. Section 52.1020 is redesignated as
§ 52.1037 and the section heading and
paragraph (a) are revised to read as
follows:
■
§ 52.1037
section.
Original identification of plan
(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.
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■ 3. A new § 52.1020 is added to read
as follows:
§ 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
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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: https://www.archives.gov/
federal_register/
code_of_federal_regulations/
ibr_locations.html.
(c) EPA approved regulations.
E:\FR\FM\01OCR1.SGM
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS
State citation
Title/Subject
State
effective
date
Chapter 1 ....................
Regulations for the Processing of Applications.
05/20/1985
03/23/1993, 58 FR
15422.
Chapter 100 ................
Definitions ....................................................
12/01/2005
Chapter 101 ................
Visible Emissions ........................................
10/10/1979
Chapter 102 ................
Open Burning ..............................................
03/17/2005
Chapter 103 ................
Fuel Burning Equipment Particular Emission Standard.
Incinerator Particulate Emission Standard ..
01/24/1983
01/31/1972
Chapter 109 ................
General Process Source Particulate Emission Standard.
Low Sulfur Fuel Regulations .......................
Sulfur Dioxide Emission Standards for Sulfate Pulp Mills.
Emergency Episode Regulation ..................
Chapter 110 ................
Ambient Air Quality Standards ....................
07/24/1996
Chapter 111 ................
Petroleum Liquid Storage Vapor Control ....
09/27/1989
Chapter 112 ................
Gasoline Bulk Terminals .............................
07/19/1995
Chapter 113 ................
Growth Offset Regulation ............................
06/22/1994
Chapter 114 ................
Classification of Air Quality Control Regions.
04/27/1994
11/21/2007,
65462.
02/17/1982,
6829.
02/21/2008,
9459.
02/26/1985,
7770.
05/31/1972,
10842.
05/31/1972,
10842.
01/08/1982,
05/31/1972,
10842.
01/12/1995,
2885.
03/22/2004,
13227.
02/03/1992,
3946.
10/15/1996,
53636.
02/14/1996,
5690.
08/30/1995,
45056.
Chapter 115 ................
Emission License Regulation ......................
06/22/1994
Chapter 116 ................
Prohibited Dispersion Techniques ..............
10/25/1989
Chapter 117 ................
Source Surveillance ....................................
08/09/1988
Chapter 118 ................
Gasoline Dispensing Facilities ....................
07/19/1995
Chapter 119 ................
Motor Vehicle Fuel Volatility Limit ...............
06/01/2000
Chapter 120 ................
Gasoline Tank Trucks .................................
06/22/1994
Chapter 123 ................
Paper Coater Regulation .............................
09/27/1989
Chapter 126 ................
Capture Efficiency Test Procedures ...........
05/22/1991
Chapter 126 Appendix
A.
Capture Efficiency Test Procedures ...........
05/22/1991
Chapter 104 ................
Chapter 105 ................
ebenthall on PROD1PC60 with RULES
Chapter 106 ................
Chapter 107 ................
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01/31/1972
02/08/1978
01/31/1972
08/14/1991
Sfmt 4700
EPA Approval Date
EPA approval date
and citation 1
02/14/1996,
5690.
03/23/1993,
15422.
03/21/1989,
11524.
10/15/1996,
53636.
03/06/2002,
10099.
Explanations
Portions of Chapter 1. EPA 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.
72 FR
47 FR
73 FR
50 FR
37 FR
37 FR
47 FR 947.
37 FR
60 FR
69 FR
57 FR
61 FR
61 FR
60 FR
Revision to Remove Presque
Isle as nonattainment for
PM10.
61 FR
58 FR
54 FR
61 FR
67 FR
06/29/1995, 60 FR
33730.
02/03/1992, 57 FR
3946.
03/22/1993, 58 FR
15281.
03/22/1993, 58 FR
15281.
E:\FR\FM\01OCR1.SGM
Controls fuel volatility in the
state. 7.8 psi RVP fuel required in 7 southern counties.
The operating permits for S.D.
Warren of Westbrook, Eastern
Fine Paper of Brewer, and
Pioneer Plastics of Auburn incorporated by reference at 40
CFR
§ 52.1020
(c)(11),
(c)(11), and (c)(18), respectively, are withdrawn.
Appendix.
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56975
EPA-APPROVED MAINE REGULATIONS—Continued
Title/Subject
State
effective
date
Chapter 127 and Appendix A.
New Motor Vehicle Emission Standards .....
12/31/2000
04/28/2005, 70 FR
21959.
Chapter 129 ................
Surface Coating Facilities ...........................
01/06/1993
Chapter 129 Appendix
A.
Chapter 130 ................
Surface Coating Facilities ...........................
01/06/1993
Solvent Cleaners .........................................
06/17/2004
Chapter 131 ................
Cutback and Emulsified Asphalt .................
01/06/1993
Chapter 132 ................
Graphic Arts: Rotogravure and Flexography
01/06/1993
Chapter 132 Appendix
A.
Chapter 133 ................
Graphic Arts: Rotogravure and Flexography
01/06/1993
Gasoline Bulk Plants ...................................
06/22/1994
Chapter 134 ................
Reasonably Available Control Technology
for Facilities that Emit Volatile Organic
Compounds.
02/08/1995
06/17/1994,
31154.
06/17/1994,
31154.
05/26/2005,
30367.
06/17/1994,
31154.
06/17/1994,
31154.
06/17/1994,
31154.
06/29/1995,
33730.
04/18/2000,
20749.
Chapter 137 ................
Emission Statements ...................................
07/06/2004
11/21/2007, 72 FR
65462.
Chapter 138 ................
Reasonably Available Control Technology
for Facilities that Emit Nitrogen Oxides.
08/03/1994
09/09/2002, 67 FR
57148.
Chapter 139 ................
Transportation Conformity ...........................
09/19/2007
Chapter 141 ................
Conformity of General Federal Actions .......
04/19/2007
Chapter 145 ................
NOX Control Program .................................
06/21/2001
Chapter 148 ................
07/15/2004
Chapter 153 ................
Emissions from Smaller-Scale Electric
Generating Resources.
Architectural and Industrial Maintenance
(AIM) Coatings.
Control of Emissions of Volatile Organic
Compounds from Consumer Products.
Mobile Equipment Repair and Refinishing ..
Chapter 155 ................
Portable Fuel Container Spillage Control ...
07/14/2004
02/08/2008,
7465.
02/20/2008,
9203.
03/10/2005,
11879.
05/26/2005,
30373.
03/17/2006,
13767.
10/24/2005,
61382.
05/26/2005,
30367.
02/07/2005,
6352.
Vehicle I/M ..................
Vehicle Inspection and Maintenance ..........
07/09/1998
State citation
Chapter 151 ................
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Chapter 152 ................
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08/19/2004
02/05/2004
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EPA Approval Date
EPA approval date
and citation 1
Explanations
Including Appendix 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.
59 FR
59 FR
Appendix.
70 FR
59 FR
59 FR
59 FR
Appendix.
60 FR
65 FR
Regulations fully approved for
the following counties: York,
Sagadahoc,
Cumberland,
Androscoggin,
Kennebec,
Knox,
Lincoln,
Hancock,
Waldo, Aroostock, Franklin,
Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties.
Revised to 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.
Affects sources in York, Cumberland,
Sagadahoc,
Androscoggin, Kennebec, Lincoln, and Knox counties.
73 FR
73 FR
70 FR
70 FR
71 FR
70 FR
70 FR
70 FR
01/10/2001, 66 FR
1871.
E:\FR\FM\01OCR1.SGM
With the exception of the word
‘‘or’’ in Subsection 7C which
Maine did not submit as part
of the SIP revision.
‘‘Maine Motor Vehicle Inspection
Manual,’’ revised in 1998,
pages 1–12 through 1–14,
and page 2–14, D.1.g.
01OCR1
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS—Continued
State citation
Title/Subject
State
effective
date
Vehicle I/M ..................
Vehicle Inspection and Maintenance ..........
07/09/1998
EPA Approval Date
EPA approval date
and citation 1
01/10/2001, 66 FR
1871.
Explanations
Maine Motor 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
Permit number
State
effective
date
EPA approval date 2
Central Maine Power, W.F.
Wyman Station, Cousins Island, Yarmouth, Maine.
Lincoln Pulp and Paper Company, Kraft Pulp Mill, (Lincoln,
Maine).
JJ Nissen Baking Company,
Cumberland County, Portland
Maine.
Department Finding of Fact and
Order Air Emission License.
01/01/1977
01/08/1982, 47 FR 947 .....
Air Emission License Renewal;
and New License for No. 6
Boiler.
Air Emission License A–440–
74–C–A.
03/09/1983
05/01/1985, 50 FR 18483
02/27/1997
04/18/2000, 65 FR 20749
Prime Tanning Company, York
County, Berwick, Maine.
Air Emission License Amendment #5 A–376–72–E–A.
03/23/1997
04/18/2000, 65 FR 20749
Prime Tanning Company, York
County, Berwick, Maine.
Air Emission License Amendment #6 A–376–72–F–M.
10/28/1997
04/18/2000, 65 FR 20749
Portsmouth Naval Shipyard,
York County, Kittery, Maine.
Air Emission License Amendment #4 A–452–71–F–M.
07/25/1997
04/18/2000, 65 FR 20749
Dexter Shoe Company, Penobscot County, Dexter, Maine.
Air Emission License A–175–
72–H–A/R.
12/05/1996
04/18/2000, 65 FR 20749
Dexter Shoe Company, Penobscot County, Dexter, Maine.
Air Emission License Amendment #1 A–175–71–I–M.
10/22/1997
04/18/2000, 65 FR 20749
Pioneer Plastics Corporation,
Androscoggin County, Auburn, Maine.
Georgia Pacific Corporation,
Washington County, Woodland, Maine.
Champion International Corporation, Hancock County,
Bucksport, Maine.
International Paper Company,
Franklin County, Jay, Maine.
Air Emission License Amendment #3 A–448–71–P–A.
06/16/1997
04/18/2000, 65 FR 20749
Air Emission License Minor
Revision/ Amendment #10
A–215–71–T–M.
Air Emission License Amendment #5 A–22–71–K–A.
01/05/1996
04/18/2000, 65 FR 20749
01/19/1996
04/18/2000, 65 FR 20749
Air Emission License Amendment #8 A–203–71–R–A.
10/04/1995
04/18/2000, 65 FR 20749
International Paper Company,
Franklin County, Jay, Maine.
ebenthall on PROD1PC60 with RULES
Name of source
Air Emission License Amendment #9 A–203–71–S–M.
12/13/1995
04/18/2000, 65 FR 20749
James River Corporation, Penobscot County, Old Town,
Maine.
Lincoln Pulp and Paper Company, Penobscot County, Lincoln, Maine.
Air Emission License Minor
Revision/ Amendment #6 A–
180–71–R–M.
Air Emission License Amendment #8 A–177–71–J–M.
12/11/1995
04/18/2000, 65 FR 20749
12/19/1995
04/18/2000, 65 FR 20749
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Explanations
VOC RACT Determination
issued by Maine Department
of Environmental Protection
(ME DEP) on February 25,
1997.
VOC RACT Determination
issued by ME DEP on July
23, 1997.
VOC RACT Determination
issued by ME DEP on October 27, 1997.
VOC RACT Determination
issued by ME DEP on July
25, 1997.
VOC RACT Determination
issued by ME DEP on December 5, 1996.
VOC RACT Determination
issued by ME DEP on October 20, 1997.
VOC RACT Determination
issued by ME DEP on June
16, 1997.
VOC RACT Determination
issued by ME DEP on January 4, 1996.
VOC RACT Determination
issued by ME DEP on January 18, 1996.
VOC RACT Determination
issued by ME DEP on October 4, 1995.
VOC RACT Determination
issued by ME DEP on December 13, 1995.
VOC RACT Determination
issued by ME DEP on December 8, 1995.
VOC RACT Determination
issued by ME DEP on December 18, 1995.
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
56977
EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS—Continued
State
effective
date
EPA approval date 2
Explanations
Air Emission License Minor
Revision/ Amendment #14
A–29–71–Z–M.
Air Emission License Amendment #14 A–19–71–W–M.
12/19/1995
04/18/2000, 65 FR 20749
10/04/1995
04/18/2000, 65 FR 20749
Air Emission License Amendment #15 A–19–71–Y–M.
01/10/1996
04/18/2000, 65 FR 20749
Air Emission License Amendment #11 A–214–71–X–A.
12/21/1995
04/18/2000, 65 FR 20749
04/11/2001
05/20/2002, 67 FR 35439
04/26/2001
05/20/2002, 67 FR 35439
VOC RACT determination for
Pratt & Whitney.
07/02/2001
05/20/2002, 67 FR 35439
VOC RACT determination for
Pratt & Whitney.
05/10/2001
05/20/2002, 67 FR 35439
VOC RACT determination for
Moosehead Manufacturing’s
Dover-Foxcroft plant.
05/10/2001
05/20/2002, 67 FR 35439
VOC RACT determination for
Moosehead Manufacturing’s
Monson plant.
Central Maine Power Company,
W.F. Wyman Station, Cumberland County, Yarmouth,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #10 A–
333–71–M–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #6 A–
453–71–N–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #7 A–
453–71–O–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
338–71–F–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
339–71–F–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #1 A–
388–71–C–A.
VOC RACT Determination
issued by ME DEP on December 18, 1995.
VOC RACT Determination
issued by ME DEP on October 4, 1995.
VOC RACT Determination
issued by ME DEP on January 9, 1996.
VOC RACT Determination
issued by ME DEP on December 20, 1995.
VOC RACT determination for
Bath Iron Works.
05/18/1995
09/09/2002, 67 FR 57148
Central Maine Power Company,
W.F. Wyman Station, Cumberland County, Yarmouth,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #1 A–
388–71–D–M.
02/16/1996
09/09/2002, 67 FR 57148
Tree Free Fiber Company, LLC,
Kennebec County, Augusta,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #1 A–
195–71–G–M.
06/12/1996
09/09/2002, 67 FR 57148
Tree Free Fiber Company, LLC,
Kennebec County, Augusta,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #1 A–
195–71–D–A/R.
06/16/1995
09/09/2002, 67 FR 57148
Pioneer Plastics Corporation,
Androscoggin County, Auburn, Maine.
Departmental Finding of Fact
and Order Air Emission License A–448–72–K–A/R.
08/23/1995
09/09/2002, 67 FR 57148
Pioneer Plastics Corporation,
Androscoggin County, Auburn, Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
448–71–O–M.
03/10/1997
09/09/2002, 67 FR 57148
Case-specific NOX RACT. Air
emission license A–388–71–
C–A, Amendment #1, condition (q) for FPL Energy’s (formerly Central Maine Power)
W.F. Wyman Station.
Case-specific NOX RACT. Air
emission license A–388–71–
D–M, amendment #1, conditions 19 and 23 for FPL Energy’s (formerly Central
Maine Power) W.F. Wyman
Station.
Case-specific NOX RACT. Air
emission license A–195–71–
G–M, Amendment #1, for
Tree Free Fiber Company,
LLC, (formerly Statler Industries Inc.).
Case-specific NOX RACT. Air
emission license A–195–71–
D–A/R, section (II)(D), 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.).
Case-specific NOX RACT. Air
emission license A–448–72–
K–A/R, paragraphs (II)(D)(2),
(II)(D)(3) and conditions
(13)(f) and 14(k) for Pioneer
Plastics Corporation.
Case-specific NOX RACT. Air
emission license A–448–71–
O–M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation.
Name of source
Permit number
S.D. Warren Paper Company,
Cumberland County,
Westbrook, Maine.
S.D. Warren Paper Company,
Somerset County,
Skowhegan, Maine.
S.D. Warren Paper Company,
Somerset County,
Skowhegan, Maine.
Boise Cascade Corporation, Oxford County, Rumford, Maine.
Bath Iron Works Corporation,
Sagadahoc County, Bath,
Maine.
United Technologies Pratt &
Whitney, York County, North
Berwick, Maine.
United Technologies Pratt &
Whitney, York County, North
Berwick, Maine.
Moosehead Manufacturing
Company, Piscataquis County, Dover-Foxcroft, Maine.
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Moosehead Manufacturing
Company, Piscataquis County, Monson, Maine.
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EPA-APPROVED MAINE SOURCE SPECIFIC REQUIREMENTS—Continued
Name of source
State
effective
date
Permit number
EPA approval date 2
Explanations
Scott Paper Company, Kennebec County, Winslow,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
188–72–E–A.
11/15/1995
09/09/2002, 67 FR 57148
The Chinet Company, Kennebec County, Waterville,
Maine.
Departmental Finding of Fact
and Order Air Emission License A–416–72–B–A.
01/18/1996
09/09/2002, 67 FR 57148
FMC Corporation-Food Ingredients Division, Knox County,
Rockland, Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #5 A–
366–72–H–A.
02/07/1996
09/09/2002, 67 FR 57148
Dragon Products Company,
Inc., Knox County,
Thomaston, Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #5 A–
326–72–N–A.
Departmental Finding of Fact
and Order Air Emission License Amendment #7 A–
326–71–P–M.
Departmental Finding of Fact
and Order Air Emission License Amendment #13 A–
29–71–Y–A.
06/05/1996
09/09/2002, 67 FR 57148
Case-specific NOX RACT. Air
emission license A–188–72–
E–A, Amendment #2, conditions 8, paragraph 1, and 9,
paragraphs 1, 2 and 4, for
Scott Paper Company.
Case-specific NOX RACT. Air
emission license A–416–72–
B–A, conditions (l) 1, 2, 3a,
3b, 3c, 3e, and (m) for The
Chinet Company.
Case-specific NOX RACT. Air
emission license A–366–72–
H–A, Amendment #5, conditions 3, 4, 5, 7, 9, 11, 12, 15,
16, and 18 for FMC Corporation-Food Ingredients Division.
Case-specific NOX RACT.
03/05/1997
09/09/2002, 67 FR 57148
Case-specific NOX RACT.
06/12/1996
09/09/2002, 67 FR 57148
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
378–72–E–A.
Departmental Finding of Fact
and Order Air Emission License Amendment #2 A–
452–71–D–A.
10/16/1996
09/09/2002, 67 FR 57148
Case-specific NOX RACT. Air
emission license A–29–71–
Y–A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p)
for S.D. Warren Company.
Case-specific NOX RACT.
10/21/1996
09/09/2002, 67 FR 57148
Portsmouth Naval Shipyard,
York County, Kittery, Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #4 A–
452–71–F–M.
07/25/1997
09/09/2002, 67 FR 57148
Maine Energy Recovery Company, York County, Biddeford,
Maine.
Departmental Finding of Fact
and Order Air Emission License Amendment #4 A–46–
71–L–A.
11/12/1996
09/09/2002, 67 FR 57148
Dragon Products Company,
Inc., Knox County,
Thomaston, Maine.
S.D. Warren Paper Company,
Cumberland County,
Westbrook, Maine.
Mid-Maine Waste Action Corporation, Androscoggin County, Auburn, Maine.
Portsmouth Naval Shipyard,
York County, Kittery, Maine.
Case-specific NOX RACT. Air
emission license A–452–71–
D–A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17,
18, 19, and 20 for Portsmouth Naval Shipyard.
Case-specific NOX RACT. Air
emission license A–452–71–
F–M, Amendment #4, condition 4 for Portsmouth Naval
Shipyard.
Case-specific NOX RACT.
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.
ebenthall on PROD1PC60 with RULES
Name of non regulatory SIP provision
Impact of Projected Growth for Next 10
Years on Air Quality for Maine Standard Metropolitan Statistical Areas.
Incinerator Emission Standard—Regulation Implementation Plan Change,
Findings of Fact and Order.
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Applicable
geographic or nonattainment area
State submittal date/
effective
date
Maine’s Standard
Metropolitan Statistical Areas.
Maine ......................
06/26/1974
04/29/1975, 40 FR
18726.
05/21/1975
04/10/1978, 43 FR
14964.
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EPA approved
date 3
Sfmt 4700
E:\FR\FM\01OCR1.SGM
Explanations
Revision to incinerator particulate emission standard which would exempt
wood waste cone burners from the
plan until 1980.
01OCR1
Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
Applicable
geographic or nonattainment area
State submittal date/
effective
date
Incinerator Emission Standard—Regulation and Implementation Plan Change,
Findings of Fact and Order.
Maine ......................
09/24/1975
04/10/1978, 43 FR
14964.
Air Quality Surveillance ............................
Maine ......................
03/10/1978
New Sources and Modifications ...............
Maine ......................
03/10/1978
Review of New Sources and Modifications.
Revisions to State Air Implementation
Plan as Required by the Federal Clean
Air Act.
Plan for Public Involvement in Federally
Funded Air Pollution Control Activities.
Maine ......................
12/19/1979
Maine ......................
03/28/1979
03/23/1979,
17674.
03/23/1979,
17674.
01/30/1980,
6784.
02/19/1980,
10766.
Maine ......................
Air Quality Surveillance ............................
Name of non regulatory SIP provision
EPA approved
date 3
56979
Explanations
44 FR
Revision to incinerator particulate emission standard which would exempt
municipal waste cone burners from
the plan until 1980.
Revision to Chapter 5 of the SIP.
44 FR
Revision to Chapter 6 of the SIP.
45 FR
Revision to Chapter 6 of the SIP.
45 FR
Includes Control Strategies for Particulates, Carbon Monoxide, and ozone.
05/28/1980
09/09/1980, 45 FR
59314.
Maine ......................
07/01/1980
Attain and Maintain the NAAQS for Lead
Maine ......................
11/05/1980
Establishment of Air Quality Control SubRegion.
Metropolitan Portland Air Quality
Control Region.
Portland-Peninsula
Air Quality Control Region.
Maine ......................
10/30/1975
01/22/1981, 46 FR
6941.
08/27/1981, 46 FR
43151.
01/08/1982, 47 FR
947.
A plan to provide for public involvement
in federally funded air pollution control
activities.
Revision to Chapter 5 of the SIP.
Sulfur Dioxide Control Strategy—Low
Sulfur Fuel Regulation.
10/30/1975
01/08/1982, 47 FR
947.
06/03/1991
02/03/1992, 57 FR
3046..
Maine ......................
10/03/1990
02/03/1992, 57 FR
3046.
Portions of Chapter 1 entitled ‘‘Regulations for the Processing of Applications’’.
Review of New Sources and Modifications.
Letter from the Maine DEP regarding implementation of BACT.
Review of New Sources and Modifications.
Joint Memorandum of Understanding
(MOU) Among: City of Presque Isle;
ME DOT and ME DEP.
Maine ......................
02/08/1984
03/23/1993, 58 FR
15422..
Maine ......................
11/06/1989
Maine ......................
05/01/1989
Maine ......................
11/02/1990
City of Presque Isle,
Maine.
03/11/1991
03/23/1993,
15422.
03/23/1993,
15422..
03/18/1994,
12853.
01/12/1995,
2885.
Maine State Implementation Plan to Attain the NAAQS for Particulate Matter
(PM10) Presque Isle Maine.
City of Presque Isle,
Maine.
08/14/1991
01/12/1995, 60 FR
2885.
Memorandum of Understanding among:
City of Presque Isle; ME DOT and ME
DEP.
City of Presque Isle,
Maine.
05/25/1994
08/30/1995, 60 FR
45056.
Maintenance Demonstration and Contingency Plan for Presque Isle.
City of Presque Isle,
Maine.
04/27/1994
08/30/1995, 60 FR
45056.
Letter from the Maine DEP dated July 7,
1994, submitting Small Business Technical Assistance Program.
Revisions to the SIP for the Small Business Stationary Source Technical and
Environmental Compliance Assistance
Program.
Maine ......................
07/07/1994
09/12/1995, 60 FR
47285.
Maine Statewide .....
05/12/1994
09/12/1995, 60 FR
47285.
Letter from the Maine DEP documenting
the December 1990 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 Licenses for:
Pioneer Plastics; Eastern Fine Paper;
and S.D. Warren, Westbrook.
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Control Strategy for Lead. Revision to
Chapter 2.5.
Department Findings of Fact and
Order—Sulfur Dioxide Control Strategy.
Department Findings of Fact and
Order—Implementation Plan Revision.
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Department of Environmental Protection
Letter dated December 5, 1989, withdrawing three source-specific licenses
as of October 3, 1990.
Revision to Chapter 6 of the SIP.
58 FR
59 FR
Revision to Chapter 6 of the SIP.
60 FR
Part B of the MOU which the Maine Department of Environmental Protection
(ME DEP) entered into with the City of
Presque Isle, and the Maine Department of Transportation (ME DOT).
An attainment plan and demonstration
which outlines Maine’s control strategy for attainment of the PM10
NAAQS and implement RACM and
RACT requirements for Presque Isle.
Revisions to Part B of the MOU which
the ME DEP entered into (and effective) on May 25, 1994, with the City of
Presque Isle, and the ME DOT.
A maintenance demonstration and 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 Department of Environmental Protection submitting a
revision to the Maine SIP.
Revisions to the SIP for the Small Business Stationary Source Technical and
Environmental Compliance Assistance
Program Dated July 12, 1994 and effective on May 11, 1994.
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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations
Applicable
geographic or nonattainment area
State submittal date/
effective
date
Corrected page number 124 of the Small
Business Stationary Source Technical
and Environmental Compliance Assistance Program SIP.
Negative Declaration for Synthetic Organic Chemical Manufacturing Industry
Distillation and Reactors Control Technique Guideline Categories.
Maine ......................
08/16/1994
09/12/1995, 60 FR
47285.
Letter from ME DEP dated August 16,
1994 submitting a corrected page to
the July 12, 1994 SIP revision.
Maine Statewide .....
11/15/1994
04/18/2000, 65 FR
20749.
Letter from the Maine Department of Environmental Protection regarding Control of Motor Vehicle Pollution (Inspection and Maintenance Program).
State of Maine Implementation Plan for
Inspection/Maintenance dated November 11, 1998.
Letter from the Maine DEP submitting additional technical support and an enforcement plan for Chapter 119 as an
amendment to the SIP.
Greater Portland
Metropolitan Statistical Area.
11/19/1998
01/10/2001, 66 FR
1875.
Greater Portland
Metropolitan Statistical Area.
Southern Maine ......
11/11/1998
01/10/2001, 66 FR
1875.
Letter from ME DEP dated November
15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation
and Reactors Control Technique
Guideline Categories.
Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to
the Maine SIP.
Maine Motor Vehicle Inspection and
Maintenance Program.
05/29/2001
03/06/2002, 67 FR
10099.
Application for a Waiver of Federally-Preempted Gasoline Standards.
Letter from the Maine DEP dated July 1,
1997, submitting case-specific NOX
RACT determinations.
Letter from the Maine DEP dated October 9, 1997, submitting case-specific
NOX RACT determinations.
Letter from the Maine DEP dated August
14, 1998, submitting case-specific NOX
RACT determinations.
Chapter 127 Basis Statement ..................
Southern Maine ......
05/25/2001
Maine ......................
07/01/1997
03/06/2002, 67 FR
10099.
09/09/2002, 67 FR
57148.
Maine ......................
10/09/1997
09/09/2002, 67 FR
57148.
Maine ......................
08/14/1998
09/09/2002, 67 FR
57148.
Maine ......................
12/31/2000
Correspondence from Maine DEP indicating which portions of Chapter 137
should not be incorporated into the
State’s SIP.
Maine ......................
06/06/2006
04/28/2005, 70 FR
21959..
11/21/2007, 72 FR
65462.
State of Maine MAPA 1 form for Chapter
139 Transportation Conformity.
Maine nonattainment areas, and
attainment areas
with a maintenance plan.
Maine nonattainment areas, and
attainment areas
with a maintenance plan.
09/10/2007
02/08/2008, 73 FR
7465.
04/19/2007
02/20/2008, 73 FR
9203.
Maine ......................
01/03/2003
02/21/2008, 73 FR
9459.
Name of non regulatory SIP provision
Amendment to Chapter 141 Conformity
of General Federal Actions.
State of Maine MAPA 1 form for Chapter
102 Open Burning Regulation.
EPA approved
date 3
Explanations
Letter from the Maine Department of Environmental Protection dated May 29,
2001 submitting additional technical
support and an enforcement plan for
Chapter 119 as an amendment to the
State Implementation Plan.
Additional technical support.
Letter from the Maine Department of Environmental Protection submitting a
revision to the Maine SIP.
Letter from the Maine Department of Environmental Protection submitting a
revision to the Maine SIP.
Letter from the Maine Department of Environmental Protection submitting a
revision to the Maine SIP.
Correspondence from David W. Wright
of the Maine DEP indicating which
portions of Chapter 137 Emission
Statements should not be incorporated into the State’s SIP.
Certification that the Attorney General
approved the Rule as to form and legality.
Maine Department of Environmental
Protection amended its incorporationby-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.
Certification that the Attorney General
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]
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]]>Agencies
[Federal Register Volume 73, Number 191 (Wednesday, October 1, 2008)]
[Rules and Regulations]
[Pages 56970-56980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22958]
=======================================================================
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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 https://
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: https://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: https://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: https://
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: https://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
