Approval and Promulgation of Air Quality Implementation Plans; Revised Format for Materials Being Incorporated by Reference for Maine, 56970-56980 [E8-22958]

Download as PDF ebenthall on PROD1PC60 with RULES 56970 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. VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 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. * * * * * (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. * * * * * (46) § 734.4(g), de minimis calculation (method). * * * * * 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 * * * * * 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. * * * * * (b) * * * (44) § 745.2, End-use certificates; (45) § 758.2(c), Assumption writing; and PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01OCR1.SGM 01OCR1 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 http:// 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: http://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: ebenthall on PROD1PC60 with RULES 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 VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 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 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 56971 (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 E:\FR\FM\01OCR1.SGM 01OCR1 56972 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations Maine regulations we have approved are available on the following Web site: http://www.epa.gov/ne/topics/air/ sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460; and National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566– 1742. For information on the availability of this material at NARA, call (202) 741– 6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. G. The Format of the New Identification of Plan Section In order to better serve the public, EPA has revised the organization of the ‘‘Identification of plan’’ section in 40 CFR part 52 and included additional information to clarify the elements of the SIP. The revised Identification of plan section for Maine contains five subsections: 1. Purpose and scope (see 40 CFR 52.1020(a)); 2. Incorporation by reference (see 40 CFR 52.1020(b)); 3. EPA-approved regulations (see 40 CFR 52.1020(c)); 4. EPA-approved source-specific requirements (see 40 CFR 52.1020(d)); and 5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, monitoring networks, etc. (see 40 CFR 52.1020(e)). ebenthall on PROD1PC60 with RULES 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’’ VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 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 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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. E:\FR\FM\01OCR1.SGM 01OCR1 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 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). ebenthall on PROD1PC60 with RULES 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 VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 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. * * * * * ■ 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 56973 national ambient air quality standards or other requirements under the Clean Air Act. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2008, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2008, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of September 1, 2008. (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, One Congress Street, Suite 1100, Boston, MA 02114–2023; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566– 1742. For information on the availability of this material at NARA, call (202) 741– 6030, or go to: http://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. (c) EPA approved regulations. E:\FR\FM\01OCR1.SGM 01OCR1 56974 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 ................ VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 PO 00000 Frm 00040 Fmt 4700 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. 01OCR1 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 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 ................ ebenthall on PROD1PC60 with RULES Chapter 152 ................ VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 PO 00000 Frm 00041 Fmt 4700 10/06/2005 08/19/2004 02/05/2004 Sfmt 4700 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 56976 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 VerDate Aug<31>2005 16:35 Sep 30, 2008 Jkt 214001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 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. ebenthall on PROD1PC60 with RULES Moosehead Manufacturing Company, Piscataquis County, Monson, Maine. VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 56978 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 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. VerDate Aug<31>2005 16:35 Sep 30, 2008 Jkt 214001 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. PO 00000 Frm 00044 Fmt 4700 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. ebenthall on PROD1PC60 with RULES 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. VerDate Aug<31>2005 15:26 Sep 30, 2008 Jkt 217001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 58 FR 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. E:\FR\FM\01OCR1.SGM 01OCR1 56980 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] ebenthall on PROD1PC60 with RULES BILLING CODE 6560–50–P VerDate Aug<31>2005 16:35 Sep 30, 2008 Jkt 214001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1

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.

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SUMMARY: EPA is revising the format of 40 CFR part 52 for materials 
submitted by the State of Maine that are incorporated by reference 
(IBR) into its State Implementation Plan (SIP). The regulations 
affected by this format change have all been previously submitted by 
Maine and approved by EPA.

[[Page 56971]]


DATES: Effective Date: This rule is effective on October 1, 2008.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 to 4:30, excluding legal holidays.
    An electronic copy of the Maine regulations we have approved for 
incorporation into the SIP are also available by accessing http://
www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and 
source-specific portions of the compilation will also be maintained at 
the Air and Radiation Docket and Information Center, EPA West Building, 
Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460 and the 
National Archives and Records Administration (NARA). If you wish to 
obtain materials from a docket in the EPA Headquarters Library, please 
call the Office of Air and Radiation (OAR) Docket/Telephone number 
(202) 566-1742. For information on the availability of this material at 
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_
register/code_of_federal_regulations/ibr_locations.html.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, 
telephone number (617) 918-1668, fax number (617) 918-0668, e-mail 
cooke.donald@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Change of IBR Format
    A. Description of a SIP
    B. How EPA Enforces the SIP
    C. How the State and EPA Update the SIP
    D. How EPA Compiles the SIP
    E. How EPA Organizes the SIP Compilation
    F. Where You Can Find a Copy of the SIP Compilation
    G. The Format of the New Identification of Plan Section
    H. When a SIP Revision Becomes Federally Enforceable
    I. The Historical Record of SIP Revision Approvals
II. What EPA is Doing in This Action
III. Good Cause Exemption
IV. Statutory and Executive Order Reviews
    A. General Requirements
    B. Submission to Congress and the Comptroller General
    C. Petitions for Judicial Review

I. Change of IBR Format

    This format revision will affect the ``Identification of plan'' 
section of 40 CFR part 52, as well as the format of the SIP materials 
that will be available for public inspection at the National Archives 
and Records Administration (NARA); the Air and Radiation Docket and 
Information Center located at EPA Headquarters in Washington, DC, and 
the EPA New England Regional Office.

A. Description of a SIP

    Each state has a SIP containing the control measures and strategies 
used to attain and maintain the national ambient air quality standards 
(NAAQS) and achieve certain other Clean Air Act (Act) requirements 
(e.g., visibility requirements and prevention of significant 
deterioration). The SIP is extensive, containing such elements as air 
pollution control regulations, emission inventories, monitoring network 
descriptions, attainment demonstrations, and enforcement mechanisms.

B. How EPA Enforces the SIP

    Each SIP revision submitted by Maine must be adopted at the state 
level after undergoing reasonable notice and opportunity for public 
comment. SIPs submitted to EPA to attain or maintain the NAAQS must 
include enforceable emission limitations and other control measures, 
schedules and timetables for compliance.
    EPA evaluates submitted SIPs to determine if they meet the Act's 
requirements. If a SIP meets the Act's requirements, EPA will approve 
the SIP. EPA's notice of approval is published in the Federal Register 
and the approval is then codified in the Code of Federal Regulations 
(CFR) at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by 
EPA and citizens in Federal district court.
    We do not reproduce in 40 CFR part 52 the full text of the Maine 
regulations that we have approved; instead, we incorporate them by 
reference (``IBR''). We approve a given state regulation with a 
specific effective date and then refer the public to the location(s) of 
the full text version of the state regulation(s) should they want to 
know which measures are contained in a given SIP (see ``I.F. Where You 
Can Find a Copy of the SIP Compilation'').

C. How the State and EPA Update the SIP

    The SIP is a living document which the state can revise as 
necessary to address the unique air pollution problems in the state. 
Therefore, EPA from time to time must take action on SIP revisions 
containing new and/or revised regulations.
    On May 22, 1997 (62 FR 27968), EPA announced revised procedures for 
incorporating by reference federally approved SIPs. The procedures 
announced included: (1) A new process for incorporating by reference 
material submitted by states into compilations and a process for 
updating those compilations on roughly an annual basis; (2) a revised 
mechanism for announcing EPA approval of revisions to an applicable SIP 
and updating both the compilations and the CFR; and (3) a revised 
format for the ``Identification of plan'' sections for each applicable 
subpart to reflect these revised IBR procedures.

D. How EPA Compiles the SIP

    We have organized into a compilation the federally-approved 
regulations, source-specific requirements and nonregulatory provisions 
we have approved into the SIP. We maintain hard copies of the 
compilation in binders and we primarily update these binders on an 
annual basis.

E. How EPA Organizes the SIP Compilation

    Each compilation contains three parts. Part one contains the state 
regulations, part two contains the source-specific requirements that 
have been approved as part of the SIP (if any), and part three contains 
nonregulatory provisions that we have approved. Each compilation 
contains a table of identifying information for each regulation, each 
source-specific requirement, and each nonregulatory provision. The 
state effective dates in the tables indicate the date of the most 
recent revision to a particular regulation. The table of identifying 
information in the compilation corresponds to the table of contents 
published in 40 CFR part 52 for the state. The EPA Regional Offices 
have the primary responsibility for ensuring accuracy and updating the 
compilations.

F. Where You Can Find a Copy of the SIP Compilation

    EPA New England developed and will maintain a hard copy of the 
compilation for Maine. An electronic copy of the

[[Page 56972]]

Maine regulations we have approved are available on the following Web 
site: http://www.epa.gov/ne/topics/air/sips.html. A hard copy of the 
regulatory and source-specific portions of the compilation will also be 
maintained at the Air and Radiation Docket and Information Center, EPA 
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 
20460; and National Archives and Records Administration (NARA). If you 
wish to obtain materials from a docket in the EPA Headquarters Library, 
please call the Office of Air and Radiation (OAR) Docket/Telephone 
number (202) 566-1742. For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.

G. The Format of the New Identification of Plan Section

    In order to better serve the public, EPA has revised the 
organization of the ``Identification of plan'' section in 40 CFR part 
52 and included additional information to clarify the elements of the 
SIP.
    The revised Identification of plan section for Maine contains five 
subsections:
    1. Purpose and scope (see 40 CFR 52.1020(a));
    2. Incorporation by reference (see 40 CFR 52.1020(b));
    3. EPA-approved regulations (see 40 CFR 52.1020(c));
    4. EPA-approved source-specific requirements (see 40 CFR 
52.1020(d)); and
    5. EPA-approved nonregulatory provisions such as transportation 
control measures, statutory provisions, monitoring networks, etc. (see 
40 CFR 52.1020(e)).

H. When a SIP Revision Becomes Federally Enforceable

    All revisions to the applicable SIP are federally enforceable as of 
the effective date of EPA's approval of the respective revisions. In 
general, SIP revisions become effective 30 to 60 days after publication 
of EPA's SIP approval action in the Federal Register. In specific 
cases, a SIP revision action may become effective less than 30 days or 
greater than 60 days after the Federal Register publication date. In 
order to determine the effective date of EPA's approval for a specific 
Maine SIP provision that is listed in paragraph 40 CFR 52.1020 (c), 
(d), or (e), consult the volume and page of the Federal Register cited 
in the ``EPA approval date'' column of 40 CFR 52.1020 for that 
particular provision.

I. The Historical Record of SIP Revision Approvals

    To facilitate enforcement of previously approved SIP provisions and 
to provide a smooth transition to the new SIP processing system, we are 
retaining the original Identification of plan section (see 40 CFR 
52.1037). This section previously appeared at 40 CFR 52.1020. After an 
initial two-year period, we will review our experience with the new 
table format and will decide whether or not to retain the original 
Identification of plan section (40 CFR 52.1037) for some further 
period.

II. What EPA Is Doing in This Action

    Today's action constitutes a ``housekeeping'' exercise to reformat 
the codification of the EPA-approved Maine SIP.

III. Good Cause Exemption

    EPA has determined that today's action falls under the ``good 
cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon a finding of ``good cause,'' authorizes 
agencies to dispense with public participation, and section 553(d)(3), 
which allows an agency to make a rule effective immediately (thereby 
avoiding the 30-day delayed effective date otherwise provided for in 
the APA). Today's action simply reformats the codification of 
provisions which are already in effect as a matter of law.
    Under section 553 of the APA, an agency may find good cause where 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the codification only reflects existing law. 
Likewise, there is no purpose served by delaying the effective date of 
this action.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. This rule is 
not subject to Executive Order 13211, ``Actions Concerning Regulations 
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866. Because the agency has made a ``good 
cause'' finding that this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute as indicated in the Supplementary Information section above, it 
is not subject to the regulatory flexibility provisions of the 
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 
and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). In addition, this action does not significantly or uniquely 
affect small governments or impose a significant intergovernmental 
mandate, as described in sections 203 and 204 of UMRA. This rule also 
does not have a substantial direct effect on one or more Indian tribes, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes, as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also 
is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant. This rule does not involve 
technical standards; thus the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply. The rule also does not involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this 
rule, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct, as required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's 
compliance with these statutes and Executive Orders for the underlying 
rules is discussed in previous actions taken on the State's rules.

[[Page 56973]]

B. Submission to Congress and the Comptroller General

    The Congressional Review Act (5 U.S.C. 801 et seq.), as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. Today's 
action simply reformats the codification of provisions which are 
already in effect as a matter of law, 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefore, and established an effective date of March 1, 2007. 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. These corrections to the 
Identification of plan for Maine is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

C. Petitions for Judicial Review

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act pertaining to petitions for judicial review are not 
applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Maine SIP compilation had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need to reopen the 60-day period for filing such petitions for 
judicial review for this reorganization of the ``Identification of 
plan'' section of 40 CFR 52.1020 for Maine.

List of Subjects in 40 CFR Part 52

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

    Dated: September 17, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

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

PART 52--[AMENDED]

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

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

Subpart U--Maine

0
2. Section 52.1020 is redesignated as Sec.  52.1037 and the section 
heading and paragraph (a) are revised to read as follows:


Sec.  52.1037  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Maine'' and all revisions submitted by Maine that were 
federally approved prior to September 1, 2008.
* * * * *

0
3. A new Sec.  52.1020 is added to read as follows:


Sec.  52.1020  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan for Maine under section 110 of the Clean Air Act, 
42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality 
standards or other requirements under the Clean Air Act.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to 
September 1, 2008, was approved for incorporation by reference by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Material is incorporated as submitted by the state to 
EPA, and notice of any change in the material will be published in the 
Federal Register. Entries for paragraphs (c) and (d) of this section 
with EPA approval dates after September 1, 2008, will be incorporated 
by reference in the next update to the SIP compilation.
    (2) EPA Region 1 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the State 
Implementation Plan as of September 1, 2008.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, New England Regional 
Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and 
Radiation Docket and Information Center, EPA West Building, 1301 
Constitution Ave., NW., Washington, DC 20460; and the National Archives 
and Records Administration (NARA). If you wish to obtain materials from 
a docket in the EPA Headquarters Library, please call the Office of Air 
and Radiation (OAR) Docket/Telephone number (202) 566-1742. For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.
    (c) EPA approved regulations.

[[Page 56974]]



                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                               State      EPA Approval Date
         State citation                 Title/Subject        effective    EPA approval date      Explanations
                                                                date       and citation \1\
----------------------------------------------------------------------------------------------------------------
Chapter 1.......................  Regulations for the        05/20/1985  03/23/1993, 58 FR    Portions of
                                   Processing of                          15422.               Chapter 1. EPA
                                   Applications.                                               did not approve
                                                                                               the following
                                                                                               sections of
                                                                                               Chapter One:
                                                                                               Section 1(A)
                                                                                               through 1(Q), and
                                                                                               1(U) through
                                                                                               1(EE); Section 2;
                                                                                               Section 4 (C) and
                                                                                               (D); last
                                                                                               sentence of
                                                                                               Section 5(B);
                                                                                               last sentence of
                                                                                               Section 6(B);
                                                                                               Section 6(D);
                                                                                               Section 7(B)(1),
                                                                                               (B)(2), and
                                                                                               (B)(4) through
                                                                                               (B)(11); Section
                                                                                               8(A), and 8(E)
                                                                                               through 8(L);
                                                                                               Sections 9, 10
                                                                                               and 11; Section
                                                                                               13; and Sections
                                                                                               15 and 16.
Chapter 100.....................  Definitions.............   12/01/2005  11/21/2007, 72 FR
                                                                          65462.
Chapter 101.....................  Visible Emissions.......   10/10/1979  02/17/1982, 47 FR
                                                                          6829.
Chapter 102.....................  Open Burning............   03/17/2005  02/21/2008, 73 FR
                                                                          9459.
Chapter 103.....................  Fuel Burning Equipment     01/24/1983  02/26/1985, 50 FR
                                   Particular Emission                    7770.
                                   Standard.
Chapter 104.....................  Incinerator Particulate    01/31/1972  05/31/1972, 37 FR
                                   Emission Standard.                     10842.
Chapter 105.....................  General Process Source     01/31/1972  05/31/1972, 37 FR
                                   Particulate Emission                   10842.
                                   Standard.
Chapter 106.....................  Low Sulfur Fuel            02/08/1978  01/08/1982, 47 FR
                                   Regulations.                           947.
Chapter 107.....................  Sulfur Dioxide Emission    01/31/1972  05/31/1972, 37 FR
                                   Standards for Sulfate                  10842.
                                   Pulp Mills.
Chapter 109.....................  Emergency Episode          08/14/1991  01/12/1995, 60 FR
                                   Regulation.                            2885.
Chapter 110.....................  Ambient Air Quality        07/24/1996  03/22/2004, 69 FR
                                   Standards.                             13227.
Chapter 111.....................  Petroleum Liquid Storage   09/27/1989  02/03/1992, 57 FR
                                   Vapor Control.                         3946.
Chapter 112.....................  Gasoline Bulk Terminals.   07/19/1995  10/15/1996, 61 FR
                                                                          53636.
Chapter 113.....................  Growth Offset Regulation   06/22/1994  02/14/1996, 61 FR
                                                                          5690.
Chapter 114.....................  Classification of Air      04/27/1994  08/30/1995, 60 FR    Revision to Remove
                                   Quality Control Regions.               45056.               Presque Isle as
                                                                                               nonattainment for
                                                                                               PM10.
Chapter 115.....................  Emission License           06/22/1994  02/14/1996, 61 FR
                                   Regulation.                            5690.
Chapter 116.....................  Prohibited Dispersion      10/25/1989  03/23/1993, 58 FR
                                   Techniques.                            15422.
Chapter 117.....................  Source Surveillance.....   08/09/1988  03/21/1989, 54 FR
                                                                          11524.
Chapter 118.....................  Gasoline Dispensing        07/19/1995  10/15/1996, 61 FR
                                   Facilities.                            53636.
Chapter 119.....................  Motor Vehicle Fuel         06/01/2000  03/06/2002, 67 FR    Controls fuel
                                   Volatility Limit.                      10099.               volatility in the
                                                                                               state. 7.8 psi
                                                                                               RVP fuel required
                                                                                               in 7 southern
                                                                                               counties.
Chapter 120.....................  Gasoline Tank Trucks....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 123.....................  Paper Coater Regulation.   09/27/1989  02/03/1992, 57 FR    The operating
                                                                          3946.                permits for S.D.
                                                                                               Warren of
                                                                                               Westbrook,
                                                                                               Eastern Fine
                                                                                               Paper of Brewer,
                                                                                               and Pioneer
                                                                                               Plastics of
                                                                                               Auburn
                                                                                               incorporated by
                                                                                               reference at 40
                                                                                               CFR Sec.
                                                                                               52.1020 (c)(11),
                                                                                               (c)(11), and
                                                                                               (c)(18),
                                                                                               respectively, are
                                                                                               withdrawn.
Chapter 126.....................  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR
                                   Procedures.                            15281.
Chapter 126 Appendix A..........  Capture Efficiency Test    05/22/1991  03/22/1993, 58 FR    Appendix.
                                   Procedures.                            15281.

[[Page 56975]]

 
Chapter 127 and Appendix A......  New Motor Vehicle          12/31/2000  04/28/2005, 70 FR    Including Appendix
                                   Emission Standards.                    21959.               A. Low emission
                                                                                               vehicle program,
                                                                                               with no ZEV
                                                                                               requirements.
                                                                                               Program achieves
                                                                                               90% of full LEV
                                                                                               benefits. Chapter
                                                                                               127 Basis
                                                                                               Statement
                                                                                               included in the
                                                                                               nonregulatory
                                                                                               material.
Chapter 129.....................  Surface Coating            01/06/1993  06/17/1994, 59 FR
                                   Facilities.                            31154.
Chapter 129 Appendix A..........  Surface Coating            01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Facilities.                            31154.
Chapter 130.....................  Solvent Cleaners........   06/17/2004  05/26/2005, 70 FR
                                                                          30367.
Chapter 131.....................  Cutback and Emulsified     01/06/1993  06/17/1994, 59 FR
                                   Asphalt.                               31154.
Chapter 132.....................  Graphic Arts:              01/06/1993  06/17/1994, 59 FR
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 132 Appendix A..........  Graphic Arts:              01/06/1993  06/17/1994, 59 FR    Appendix.
                                   Rotogravure and                        31154.
                                   Flexography.
Chapter 133.....................  Gasoline Bulk Plants....   06/22/1994  06/29/1995, 60 FR
                                                                          33730.
Chapter 134.....................  Reasonably Available       02/08/1995  04/18/2000, 65 FR    Regulations fully
                                   Control Technology for                 20749.               approved for the
                                   Facilities that Emit                                        following
                                   Volatile Organic                                            counties: York,
                                   Compounds.                                                  Sagadahoc,
                                                                                               Cumberland,
                                                                                               Androscoggin,
                                                                                               Kennebec, Knox,
                                                                                               Lincoln, Hancock,
                                                                                               Waldo, Aroostock,
                                                                                               Franklin, Oxford,
                                                                                               and Piscataquis.
                                                                                               Regulation
                                                                                               granted a limited
                                                                                               approval for
                                                                                               Washington,
                                                                                               Somerset, and
                                                                                               Penobscot
                                                                                               Counties.
Chapter 137.....................  Emission Statements.....   07/06/2004  11/21/2007, 72 FR    Revised to
                                                                          65462.               incorporate
                                                                                               changes required
                                                                                               by EPA's
                                                                                               consolidated
                                                                                               emissions
                                                                                               reporting rule.
                                                                                               The entire rule
                                                                                               is approved with
                                                                                               the exception of
                                                                                               HAP and
                                                                                               greenhouse gas
                                                                                               reporting
                                                                                               requirements
                                                                                               which were not
                                                                                               included in the
                                                                                               State's SIP
                                                                                               revision request.
Chapter 138.....................  Reasonably Available       08/03/1994  09/09/2002, 67 FR    Affects sources in
                                   Control Technology for                 57148.               York, Cumberland,
                                   Facilities that Emit                                        Sagadahoc,
                                   Nitrogen Oxides.                                            Androscoggin,
                                                                                               Kennebec,
                                                                                               Lincoln, and Knox
                                                                                               counties.
Chapter 139.....................  Transportation             09/19/2007  02/08/2008, 73 FR
                                   Conformity.                            7465.
Chapter 141.....................  Conformity of General      04/19/2007  02/20/2008, 73 FR
                                   Federal Actions.                       9203.
Chapter 145.....................  NOX Control Program.....   06/21/2001  03/10/2005, 70 FR
                                                                          11879.
Chapter 148.....................  Emissions from Smaller-    07/15/2004  05/26/2005, 70 FR
                                   Scale Electric                         30373.
                                   Generating Resources.
Chapter 151.....................  Architectural and          10/06/2005  03/17/2006, 71 FR
                                   Industrial Maintenance                 13767.
                                   (AIM) Coatings.
Chapter 152.....................  Control of Emissions of    08/19/2004  10/24/2005, 70 FR
                                   Volatile Organic                       61382.
                                   Compounds from Consumer
                                   Products.
Chapter 153.....................  Mobile Equipment Repair    02/05/2004  05/26/2005, 70 FR
                                   and Refinishing.                       30367.
Chapter 155.....................  Portable Fuel Container    07/14/2004  02/07/2005, 70 FR    With the exception
                                   Spillage Control.                      6352.                of the word
                                                                                               ``or'' in
                                                                                               Subsection 7C
                                                                                               which Maine did
                                                                                               not submit as
                                                                                               part of the SIP
                                                                                               revision.
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    ``Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection
                                                                                               Manual,'' revised
                                                                                               in 1998, pages 1-
                                                                                               12 through 1-14,
                                                                                               and page 2-14,
                                                                                               D.1.g.

[[Page 56976]]

 
Vehicle I/M.....................  Vehicle Inspection and     07/09/1998  01/10/2001, 66 FR    Maine Motor
                                   Maintenance.                           1871.                Vehicle
                                                                                               Inspection and
                                                                                               Maintenance
                                                                                               authorizing
                                                                                               legislation
                                                                                               effective July 9,
                                                                                               1998 and entitled
                                                                                               L.D. 2223, ``An
                                                                                               Act to Reduce Air
                                                                                               Pollution from
                                                                                               Motor Vehicles
                                                                                               and to Meet
                                                                                               Requirements of
                                                                                               the Federal Clean
                                                                                               Air Act.''
----------------------------------------------------------------------------------------------------------------
\1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

    (d) EPA-approved State Source specific requirements.

                                 EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                           State
        Name of source               Permit number       effective    EPA approval date        Explanations
                                                            date             \2\
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F.       Department Finding of    01/01/1977  01/08/1982, 47 FR    ......................
 Wyman Station, Cousins          Fact and Order Air                   947.
 Island, Yarmouth, Maine.        Emission License.
Lincoln Pulp and Paper          Air Emission License     03/09/1983  05/01/1985, 50 FR    ......................
 Company, Kraft Pulp Mill,       Renewal; and New                     18483.
 (Lincoln, Maine).               License for No. 6
                                 Boiler.
JJ Nissen Baking Company,       Air Emission License A-  02/27/1997  04/18/2000, 65 FR    VOC RACT Determination
 Cumberland County, Portland     440-74-C-A.                          20749.               issued by Maine
 Maine.                                                                                    Department of
                                                                                           Environmental
                                                                                           Protection (ME DEP)
                                                                                           on February 25, 1997.
Prime Tanning Company, York     Air Emission License     03/23/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Berwick, Maine.         Amendment 5                 20749.               issued by ME DEP on
                                 A-376-72-E-A.                                             July 23, 1997.
Prime Tanning Company, York     Air Emission License     10/28/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Berwick, Maine.         Amendment 6                 20749.               issued by ME DEP on
                                 A-376-72-F-M.                                             October 27, 1997.
Portsmouth Naval Shipyard,      Air Emission License     07/25/1997  04/18/2000, 65 FR    VOC RACT Determination
 York County, Kittery, Maine.    Amendment 4                 20749.               issued by ME DEP on
                                 A-452-71-F-M.                                             July 25, 1997.
Dexter Shoe Company, Penobscot  Air Emission License A-  12/05/1996  04/18/2000, 65 FR    VOC RACT Determination
 County, Dexter, Maine.          175-72-H-A/R.                        20749.               issued by ME DEP on
                                                                                           December 5, 1996.
Dexter Shoe Company, Penobscot  Air Emission License     10/22/1997  04/18/2000, 65 FR    VOC RACT Determination
 County, Dexter, Maine.          Amendment 1                 20749.               issued by ME DEP on
                                 A-175-71-I-M.                                             October 20, 1997.
Pioneer Plastics Corporation,   Air Emission License     06/16/1997  04/18/2000, 65 FR    VOC RACT Determination
 Androscoggin County, Auburn,    Amendment 3                 20749.               issued by ME DEP on
 Maine.                          A-448-71-P-A.                                             June 16, 1997.
Georgia Pacific Corporation,    Air Emission License     01/05/1996  04/18/2000, 65 FR    VOC RACT Determination
 Washington County, Woodland,    Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 10                                     January 4, 1996.
                                 A-215-71-T-M.
Champion International          Air Emission License     01/19/1996  04/18/2000, 65 FR    VOC RACT Determination
 Corporation, Hancock County,    Amendment 5                 20749.               issued by ME DEP on
 Bucksport, Maine.               A-22-71-K-A.                                              January 18, 1996.
International Paper Company,    Air Emission License     10/04/1995  04/18/2000, 65 FR    VOC RACT Determination
 Franklin County, Jay, Maine.    Amendment 8                 20749.               issued by ME DEP on
                                 A-203-71-R-A.                                             October 4, 1995.
International Paper Company,    Air Emission License     12/13/1995  04/18/2000, 65 FR    VOC RACT Determination
 Franklin County, Jay, Maine.    Amendment 9                 20749.               issued by ME DEP on
                                 A-203-71-S-M.                                             December 13, 1995.
James River Corporation,        Air Emission License     12/11/1995  04/18/2000, 65 FR    VOC RACT Determination
 Penobscot County, Old Town,     Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 6                                      December 8, 1995.
                                 A-180-71-R-M.
Lincoln Pulp and Paper          Air Emission License     12/19/1995  04/18/2000, 65 FR    VOC RACT Determination
 Company, Penobscot County,      Amendment 8                 20749.               issued by ME DEP on
 Lincoln, Maine.                 A-177-71-J-M.                                             December 18, 1995.

[[Page 56977]]

 
S.D. Warren Paper Company,      Air Emission License     12/19/1995  04/18/2000, 65 FR    VOC RACT Determination
 Cumberland County, Westbrook,   Minor Revision/                      20749.               issued by ME DEP on
 Maine.                          Amendment 14                                     December 18, 1995.
                                 A-29-71-Z-M.
S.D. Warren Paper Company,      Air Emission License     10/04/1995  04/18/2000, 65 FR    VOC RACT Determination
 Somerset County, Skowhegan,     Amendment 14                20749.               issued by ME DEP on
 Maine.                          A-19-71-W-M.                                              October 4, 1995.
S.D. Warren Paper Company,      Air Emission License     01/10/1996  04/18/2000, 65 FR    VOC RACT Determination
 Somerset County, Skowhegan,     Amendment 15                20749.               issued by ME DEP on
 Maine.                          A-19-71-Y-M.                                              January 9, 1996.
Boise Cascade Corporation,      Air Emission License     12/21/1995  04/18/2000, 65 FR    VOC RACT Determination
 Oxford County, Rumford, Maine.  Amendment 11                20749.               issued by ME DEP on
                                 A-214-71-X-A.                                             December 20, 1995.
Bath Iron Works Corporation,    Departmental Finding     04/11/2001  05/20/2002, 67 FR    VOC RACT determination
 Sagadahoc County, Bath, Maine.  of Fact and Order Air                35439.               for Bath Iron Works.
                                 Emission License
                                 Amendment 10
                                 A-333-71-M-M.
United Technologies Pratt &     Departmental Finding     04/26/2001  05/20/2002, 67 FR    VOC RACT determination
 Whitney, York County, North     of Fact and Order Air                35439.               for Pratt & Whitney.
 Berwick, Maine.                 Emission License
                                 Amendment 6
                                 A-453-71-N-M.
United Technologies Pratt &     Departmental Finding     07/02/2001  05/20/2002, 67 FR    VOC RACT determination
 Whitney, York County, North     of Fact and Order Air                35439.               for Pratt & Whitney.
 Berwick, Maine.                 Emission License
                                 Amendment 7
                                 A-453-71-O-M.
Moosehead Manufacturing         Departmental Finding     05/10/2001  05/20/2002, 67 FR    VOC RACT determination
 Company, Piscataquis County,    of Fact and Order Air                35439.               for Moosehead
 Dover-Foxcroft, Maine.          Emission License                                          Manufacturing's Dover-
                                 Amendment 2                                      Foxcroft plant.
                                 A-338-71-F-M.
Moosehead Manufacturing         Departmental Finding     05/10/2001  05/20/2002, 67 FR    VOC RACT determination
 Company, Piscataquis County,    of Fact and Order Air                35439.               for Moosehead
 Monson, Maine.                  Emission License                                          Manufacturing's
                                 Amendment 2                                      Monson plant.
                                 A-339-71-F-M.
Central Maine Power Company,    Departmental Finding     05/18/1995  09/09/2002, 67 FR    Case-specific NOX
 W.F. Wyman Station,             of Fact and Order Air                57148.               RACT. Air emission
 Cumberland County, Yarmouth,    Emission License                                          license A-388-71-C-A,
 Maine.                          Amendment 1                                      Amendment 1,
                                 A-388-71-C-A.                                             condition (q) for FPL
                                                                                           Energy's (formerly
                                                                                           Central Maine Power)
                                                                                           W.F. Wyman Station.
Central Maine Power Company,    Departmental Finding     02/16/1996  09/09/2002, 67 FR    Case-specific NOX
 W.F. Wyman Station,             of Fact and Order Air                57148.               RACT. Air emission
 Cumberland County, Yarmouth,    Emission License                                          license A-388-71-D-M,
 Maine.                          Amendment 1                                      amendment 1,
                                 A-388-71-D-M.                                             conditions 19 and 23
                                                                                           for FPL Energy's
                                                                                           (formerly Central
                                                                                           Maine Power) W.F.
                                                                                           Wyman Station.
Tree Free Fiber Company, LLC,   Departmental Finding     06/12/1996  09/09/2002, 67 FR    Case-specific NOX
 Kennebec County, Augusta,       of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-195-71-G-M,
                                 Amendment 1                                      Amendment 1,
                                 A-195-71-G-M.                                             for Tree Free Fiber
                                                                                           Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Tree Free Fiber Company, LLC,   Departmental Finding     06/16/1995  09/09/2002, 67 FR    Case-specific NOX
 Kennebec County, Augusta,       of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-195-71-D-A/
                                 Amendment 1                                      R, section (II)(D),
                                 A-195-71-D-A/R.                                           paragraphs (II)(F)(1)
                                                                                           and (3), and
                                                                                           conditions 12(A),
                                                                                           12(C), (13), (14) and
                                                                                           (15) for Tree Free
                                                                                           Fiber Company, LLC,
                                                                                           (formerly Statler
                                                                                           Industries Inc.).
Pioneer Plastics Corporation,   Departmental Finding     08/23/1995  09/09/2002, 67 FR    Case-specific NOX
 Androscoggin County, Auburn,    of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License A-                                       license A-448-72-K-A/
                                 448-72-K-A/R.                                             R, paragraphs
                                                                                           (II)(D)(2),
                                                                                           (II)(D)(3) and
                                                                                           conditions (13)(f)
                                                                                           and 14(k) for Pioneer
                                                                                           Plastics Corporation.
Pioneer Plastics Corporation,   Departmental Finding     03/10/1997  09/09/2002, 67 FR    Case-specific NOX
 Androscoggin County, Auburn,    of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-448-71-O-M,
                                 Amendment 2                                      Amendment 2,
                                 A-448-71-O-M.                                             condition (14)(k),
                                                                                           for Pioneer Plastics
                                                                                           Corporation.

[[Page 56978]]

 
Scott Paper Company, Kennebec   Departmental Finding     11/15/1995  09/09/2002, 67 FR    Case-specific NOX
 County, Winslow, Maine.         of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-188-72-E-A,
                                 Amendment 2                                      Amendment 2,
                                 A-188-72-E-A.                                             conditions 8,
                                                                                           paragraph 1, and 9,
                                                                                           paragraphs 1, 2 and
                                                                                           4, for Scott Paper
                                                                                           Company.
The Chinet Company, Kennebec    Departmental Finding     01/18/1996  09/09/2002, 67 FR    Case-specific NOX
 County, Waterville, Maine.      of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License A-                                       license A-416-72-B-A,
                                 416-72-B-A.                                               conditions (l) 1, 2,
                                                                                           3a, 3b, 3c, 3e, and
                                                                                           (m) for The Chinet
                                                                                           Company.
FMC Corporation-Food            Departmental Finding     02/07/1996  09/09/2002, 67 FR    Case-specific NOX
 Ingredients Division, Knox      of Fact and Order Air                57148.               RACT. Air emission
 County, Rockland, Maine.        Emission License                                          license A-366-72-H-A,
                                 Amendment 5                                      Amendment 5,
                                 A-366-72-H-A.                                             conditions 3, 4, 5,
                                                                                           7, 9, 11, 12, 15, 16,
                                                                                           and 18 for FMC
                                                                                           Corporation-Food
                                                                                           Ingredients Division.
Dragon Products Company, Inc.,  Departmental Finding     06/05/1996  09/09/2002, 67 FR    Case-specific NOX
 Knox County, Thomaston, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License
                                 Amendment 5
                                 A-326-72-N-A.
Dragon Products Company, Inc.,  Departmental Finding     03/05/1997  09/09/2002, 67 FR    Case-specific NOX
 Knox County, Thomaston, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License
                                 Amendment 7
                                 A-326-71-P-M.
S.D. Warren Paper Company,      Departmental Finding     06/12/1996  09/09/2002, 67 FR    Case-specific NOX
 Cumberland County, Westbrook,   of Fact and Order Air                57148.               RACT. Air emission
 Maine.                          Emission License                                          license A-29-71-Y-A,
                                 Amendment 13                                     Amendment 13, conditions
                                                                                           (k)2, (k)3, (q)8 and
                                                                                           (p) for S.D. Warren
                                                                                           Company.
Mid-Maine Waste Action          Departmental Finding     10/16/1996  09/09/2002, 67 FR    Case-specific NOX
 Corporation, Androscoggin       of Fact and Order Air                57148.               RACT.
 County, Auburn, Maine.          Emission License
                                 Amendment 2
                                 A-378-72-E-A.
Portsmouth Naval Shipyard,      Departmental Finding     10/21/1996  09/09/2002, 67 FR    Case-specific NOX
 York County, Kittery, Maine.    of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-452-71-D-A,
                                 Amendment 2                                      Amendment 2,
                                 A-452-71-D-A.                                             conditions 3, 4, 5,
                                                                                           7, 9, 11, 16, 17, 18,
                                                                                           19, and 20 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Portsmouth Naval Shipyard,      Departmental Finding     07/25/1997  09/09/2002, 67 FR    Case-specific NOX
 York County, Kittery, Maine.    of Fact and Order Air                57148.               RACT. Air emission
                                 Emission License                                          license A-452-71-F-M,
                                 Amendment 4                                      Amendment 4,
                                 A-452-71-F-M.                                             condition 4 for
                                                                                           Portsmouth Naval
                                                                                           Shipyard.
Maine Energy Recovery Company,  Departmental Finding     11/12/1996  09/09/2002, 67 FR    Case-specific NOX
 York County, Biddeford, Maine.  of Fact and Order Air                57148.               RACT.
                                 Emission License