Air Plan Approval; Maine; General Permit Regulations for Nonmetallic Mineral Processing Plants and Concrete Batch Plants, 61112-61118 [2015-25446]
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), nor will it impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 8, 2015. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Lead, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: September 24, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e), is amended by
adding entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
Lead National Ambient Air Quality
Standards’’ at the end of the table to
read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
State submittal date/
effective
date
Name of nonregulatory SIP provision
Applicable geographic
or nonattainment area
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards.
*
Alabama ........................
3. Section 52.53 is amended by adding
paragraph (b) to read as follows:
■
§ 52.53
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*
*
*
*
*
(b) Disapproval. Submittal from the
State of Alabama, through the Alabama
Department of Environmental
Management (ADEM) on November 4,
2011, to address the Clean Air Act
(CAA) section 110(a)(2)(E)(ii) for the
2008 Lead National Ambient Air
Quality Standards concerning state
board requirements. EPA is
disapproving section 110(a)(2)(E)(ii) of
ADEM’s submittal because the Alabama
SIP lacks provisions respecting state
boards per section 128 of the CAA for
15:01 Oct 08, 2015
*
11/4/2011
*
10/9/2015 [Insert citation of publication].
the 2008 Lead National Ambient Air
Quality Standards.
[FR Doc. 2015–25673 Filed 10–8–15; 8:45 am]
Approval status.
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BILLING CODE 6560–50–P
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Explanation
*
*
With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C),
110(a)(2)(D)(i)(II) (prong 3),
110(a)(2)(J); and section
110(a)(2)(E)(ii).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2015–0527; A–1–FRL9935–33–Region1]
Air Plan Approval; Maine; General
Permit Regulations for Nonmetallic
Mineral Processing Plants and
Concrete Batch Plants
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maine. This
SUMMARY:
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Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Rules and Regulations
revision establishes and requires general
permit regulations for nonmetallic
mineral processing plants and concrete
batch plants. The regulations provide an
option for minor new sources of air
emissions to comply with the State’s
minor new source review (NSR) rules in
lieu of obtaining an individual permit.
The intended effect of this action is to
approve Maine’s general permit
regulations for minor source
nonmetallic mineral processing plants
and concrete batch plants. This action is
being taken in accordance with section
110 the Clean Air Act.
DATES: This direct final rule will be
effective December 8, 2015, unless EPA
receives adverse comments by
November 9, 2015. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2015–0527 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: mcdonnell.ida@epa.gov.
3. Fax: (617) 918–0653.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2015–0527’’,
Ida E. McDonnell, U.S. Environmental
Protection Agency, EPA New England
Regional Office, Office of Ecosystem
Protection, Air Permits, Toxics, and
Indoor Programs Unit, 5 Post Office
Square—Suite 100, (Mail code OEP05–
2), Boston, MA 02109–3912.
5. Hand Delivery or Courier: Deliver
your comments to: Ida E. McDonnell,
Manager, Air Permits, Toxics and
Indoor Programs Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2015–
0527. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
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Do not submit through
www.regulations.gov, or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov your email address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available in
www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency,
EPA New England Regional Office,
Office of Ecosystem Protection, 5 Post
Office Square—Suite 100, 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 a.m. to
4:30 p.m., excluding legal holidays.
In addition, copies of the state
submittal are also available for public
inspection during normal business
hours, by appointment at the State Air
Agency; the Bureau of Air Quality
Control, Department of Environmental
Protection, First Floor of the Tyson
Building, Augusta Mental Health
Institute Complex, Augusta, ME 04333–
0017.
FOR FURTHER INFORMATION CONTACT:
Susan Lancey, Office of Ecosystem
Protection, 5 Post Office Square, Suite
100 (OEP05–2), telephone number (617)
PO 00000
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918–1656, fax number (617) 918–0656,
email lancey.susan@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. Background and Purpose
II. Maine’s General Permit Regulations
A. What does Maine’s General Permit
Regulation for Nonmetallic Mineral
Processing Plants require?
B. What does Maine’s General Permit
Regulation for Concrete Batch Plants
require?
III. EPA’s Evaluation
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On July 24, 2014, supplemented with
a technical support document (TSD) on
August 20, 2015, the State of Maine
submitted two formal revisions to its
State Implementation Plan (SIP). The
SIP revisions consist of Maine’s 06–096
Code of Maine Regulations (CMR)
Chapter 149, ‘‘General Permit
Regulation for Nonmetallic Mineral
Processing Plants’’ 1 (Chapter 149) and
Maine’s 06–096 CMR Chapter 164,
‘‘General Permit Regulation for Concrete
Batch Plants’’ 2 (Chapter 164),
accompanied by a TSD. Maine
originally adopted Chapter 149 ‘‘General
Permit Regulation for Nonmetallic
Mineral Processing Plants’’ on July 17,
2008 and adopted amendments on April
4, 2014, with an effective date of April
27, 2014. Maine adopted Chapter 164
‘‘General Permit Regulation for Concrete
Batch Plants’’ on April 4, 2014, with an
effective date of April 27, 2014.
Maine’s Chapter 115 includes the
State’s new source review (NSR)
requirements for new major and minor
sources and modifications of air
emissions. Among other requirements,
Chapter 115 includes requirements for
such sources to apply Best Available
Control Technology (BACT). Maine’s
July 24, 2014 SIP submittal provides an
option for minor new nonmetallic
mineral processing plants and concrete
1 In a letter dated August 20, 2015, Maine
formally withdrew the ‘‘director discretion’’
provisions in sections 5(A)(8), 5(A)(9)(a), and
5(A)(9)(b), and the opacity provisions in sections
5(A)(15), 5(C)(7), and 5(E), in Chapter 149 from
consideration as part of its July 24, 2014 SIP
revision.
2 In a letter dated August 20, 2015, Maine
formally withdrew the ‘‘director discretion’’
provisions in sections 5(C)(2), 5(C)(3)(a), and
5(C)(3)(b), and the opacity provision in sections
5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4),
in Chapter 164 from consideration as part of its July
24, 2014 SIP revision.
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batch plants to satisfy the state’s minor
NSR permitting requirements under
Chapter 115 in lieu of obtaining an
individual permit. The two general
permit regulations include monitoring,
record keeping and reporting
requirements, as is required for an
individual minor NSR permit under
Chapter 115, and includes pollution
control requirements and emission
limitations that satisfy Chapter 115’s
BACT requirements for nonmetallic
mineral processing plants and concrete
batch plants. See section II of this notice
for details about the requirements in
Maine’s general permit regulations and
see section III for a summary of EPA’s
evaluation of the State’s general permit
regulations. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
either or both of Maine’s regulations as
part of this action and if that provision
or provisions may be severed from the
remainder of the State’s regulations and
this action, EPA may adopt as final
those provisions of this action that are
not the subject of an adverse comment.
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II. Maine’s General Permit Regulations
A. What does Maine’s General Permit
Regulation for Nonmetallic Mineral
Processing Plants require?
Chapter 149, ‘‘General Permit
Regulation for Nonmetallic Mineral
Processing Plants’’ regulates stationary
and portable nonmetallic mineral
processing plants which are not major
sources. Owners and operators may
obtain specific regulatory coverage
under Chapter 149 in lieu of an
individual air emissions license.
Sources do so by obtaining a Crusher
Identification Number (CIN) for each
individual rock crusher and submitting
a Notification of Intent to Comply
(NOITC), attesting to their formal
agreement to abide by all applicable
conditions of Chapter 149. Power plant
engines, located at the plant in question,
including generator sets and diesel
drives, do not require a CIN, but are
subject to the provisions of the general
permit regulation when associated with
the rock crushing activities. In addition,
power plant engines located at the plant
also have size limits and must be
portable, non-stationary engines in
order for the plant to be eligible for
coverage under the general permit
regulation. Maine’s general permit
regulation also limits facility-wide fuel
use to no more than 65,000 gallons of
fuel oil, or the combined equivalent of
natural gas and propane, in a calendar
year. This fuel use limit was chosen to
ensure that emissions of all criteria
pollutants remain under the reporting
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thresholds for Maine’s Emissions
Statements rule. The Emissions
Statement reporting thresholds are well
below Chapter 115 thresholds which
require facilities to perform an air
quality impact analysis. Finally, if the
construction, modification, or operation
of the nonmetallic mineral processing
plant would not comply with all of the
conditions of the general permit
regulation, the owner must apply for an
individual air emission license under
Chapter 115 prior to beginning the
actual construction, modification or
operation of the source.
Chapter 149 requires operators to
establish and maintain best management
practices for suppression of fugitive
particulate matter during any
construction, reconstruction, or
operation which may result in fugitive
dust, and to maintain and operate all air
pollution systems in a manner
consistent with good air pollution
control practices for minimizing
emissions. Chapter 149 requires spray
nozzles or other control equipment for
particulate control on the rock crusher.
Plants using a control method other
than water sprays or carry over from upstream water sprays are excluded from
applicability of Chapter 149 and must
obtain an individual air emission
license under Chapter 115. Chapter 149
requires monthly inspections of water
sprays and a log detailing the
maintenance and corrective actions on
particulate matter control equipment.
For eligible power plant engines
associated with the rock crushing
activities, Chapter 149 sets facility-wide
fuel usage limits, fuel sulfur content
limits, particulate matter emission
limits if the engine is greater than 3.0
MMBtu/hr, and prohibitions against
using any engine as a dispatched load
generator. See sections 5(B) and 5(C) of
Chapter 149.
B. What does Maine’s General Permit
Regulation for Concrete Batch Plants
require?
Chapter 164 ‘‘General Permit
Regulation for Concrete Batch Plants’’
regulates concrete batch plants which
are not major sources. Owners and
operators may obtain specific regulatory
coverage under Chapter 164 in lieu of
obtaining an individual air emissions
license. Sources do so by obtaining a
General Permit Number (GPN) for each
unit and submitting a Notification of
Intent to Comply (NOITC), attesting to
their formal agreement to abide by all
applicable conditions of Chapter 164.
Generator sets, small boilers and hot
water heaters, located at the concrete
batch plant, do not require a GPN but
are subject to the provisions of the
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general permit regulation when
associated with the operations of the
plant. Engines, boilers, and hot water
heaters eligible for coverage under the
general permit regulation must meet
specified size limits. In addition,
engines must be portable, non-stationary
engines in order for the plant to be
eligible for coverage under the general
permit regulation. Maine’s general
permit regulation also limits facilitywide fuel use to no more than 65,000
gallons of fuel oil, or the combined
equivalent of natural gas and propane,
in a calendar year. This fuel use limit
was chosen to ensure that emissions of
all criteria pollutants remain under the
reporting thresholds for Maine’s
Emissions Statements rule. The
Emissions Statement reporting
thresholds are well below Chapter 115
thresholds which require facilities to
perform an air quality impact analysis.
Finally, if the construction,
modification, or operation of a concrete
batch plant would not comply with all
of the conditions of the general permit
regulation, the owner must apply for an
individual air emission license under
Chapter 115 prior to beginning the
actual construction, modification or
operation of the source.
Chapter 164 requires operators to
establish and maintain best management
practices for suppression of fugitive
particulate matter during any
construction, reconstruction, or
operation which may result in fugitive
dust, and to maintain and operate all air
pollution systems in a manner
consistent with good air pollution
control practices for minimizing
emissions. Operators are required to
maintain particulate control on the
concrete batch plant, and associated
material handling systems, bag house
filtration systems and cement silos.
Chapter 164 requires monthly
inspections of control equipment and a
log detailing the maintenance and
corrective actions on particulate matter
control equipment, as well as testing,
monitoring and recordkeeping
requirements. In addition, for engines,
boilers and hot water heaters, Chapter
164 sets sulfur content in fuel limits,
facility fuel usage limits, and particulate
matter limits if the engines, boilers, and
hot water heaters are greater than 3.0
MMBtu/hr. See section 5(B) in Chapter
164.
III. EPA’s Evaluation
Maine’s July 24, 2014 SIP submittals
establish and require general permit
regulations meant to satisfy the Chapter
115 minor NSR requirements for
nonmetallic mineral processing plants
and concrete batch plants. The general
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permit regulations include control
requirements and emission limits that
satisfy the state’s minor NSR BACT
requirement. The regulations also
include monitoring, recordkeeping and
reporting requirements as required by
the state’s Chapter 115 minor NSR
permitting requirements. The
regulations provide an option for minor
new and modified nonmetallic mineral
processing plants and concrete batch
plants to comply with the requirements
of the general permit regulation in lieu
of applying for and receiving a minor
NSR permit under Chapter 115.
Section 110(a)(2)(C) of the Act
requires, in part, that state SIPs include
permit programs that regulate the
construction and modification of
stationary sources adequate to ensure
the national ambient air quality
standards (NAAQS) are achieved. A
minor stationary source is a source
whose potential to emit is lower than
the major source applicability threshold
for particular pollutants defined by the
applicable major NSR program. Because
Maine’s SIP submittals are only meant
to satisfy the requirements of minor
NSR, we evaluated Maine’s Chapter 149
and Chapter 164 general permit
regulations under EPA’s implementing
regulations for minor NSR SIP revisions
found at 40 CFR 51.160 through 51.164.
EPA requires that a minor NSR program
include legally enforceable procedures,
public availability of information,
identification of the responsible agency,
administrative procedures, and stack
height procedures (see 40 CFR 51.160–
51.164). The following describes how
Maine’s SIP submittals meet these
requirements.
The regulation at 40 CFR 51.160(a)
requires that each plan must set forth
legally enforceable procedures that
enable the State or local agency to
determine whether the construction or
modification of a facility, building,
structure or installation or combination
of these will result in: (1) A violation of
applicable portions of the control
strategy; or (2) interference with
attainment or maintenance of a national
standard in the state in which the
proposed source or modification is
located or in a neighboring state. The
regulation at 40 CFR 50.160(b) provides
that such procedures must include
means by which the State or local
agency responsible for final decisionmaking on the application for approval
to construct or modify will prevent such
construction or modification if: (1) It
will result in a violation of applicable
portions of the control strategy; or (2) it
will interfere with the attainment or
maintenance of a national standard.
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Maine’s Chapter 115 Major and Minor
Source Air Emission License
Regulations require all applicants for
new construction and modifications to
existing sources to provide an
assessment of the ambient air quality
impact of the source, including the
NAAQS, if the new source or
modification exceeds certain thresholds.
The source or modification must
demonstrate that the maximum
emission rates of all regulated and
hazardous air pollutants will not violate
any applicable requirements or interfere
with attainment or maintenance of a
NAAQS in Maine or a neighboring state.
To comply with this requirement,
Maine’s general permit regulations are
not applicable to larger sources that
exceed the regulations’ emission
threshold levels or other program
requirements. These larger sources must
obtain an individual air emissions
license under Chapter 115. In addition,
both general permit regulations give
Maine the authority to prohibit a source
from using the general permit rules if
Maine has reasonable cause to believe
that emissions from the proposed,
modified, or relocated source will
violate the control strategy or interfere
with attainment or maintenance of a
national standard in Maine or in a
neighboring state. See section 1(F)(9) of
Chapters 149 and 164.
Maine also conducted a technical
analysis to determine the impact of the
smaller nonmetallic mineral processing
plants and concrete batch plants that
would be eligible for coverage under the
general permit regulations. Maine
analyzed its 2011 emissions inventory
data to assess the relative contribution
of nonmetallic mineral processing
plants and concrete batch plants to the
statewide particulate matter (PM)
inventory. Annual emissions from these
source categories were significantly
lower than total emissions of PM in the
State. There is a total of 334 nonmetallic
mineral processing plants licensed in
Maine, of which 238 plants hold an
individual license under Chapter 115.
The remaining 96 facilities have been
licensed under the Chapter 149 general
permit rule and Maine estimates the
emissions from these plants combined
to be only 8.64 tons per year. There is
a total of 73 licensed concrete batch
plants in Maine, of which 59 hold an
individual license under Chapter 115.
The remaining 14 facilities are licensed
under the Chapter 164 general permit
rule and their combined emissions are
estimated at 5.6 tons per year. Statewide
PM emissions in 2011 totaled 69,370.64
tons per year.
Thus, Maine’s TSD demonstrates that
PM emissions from all nonmetallic
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mineral processing plants account for a
maximum of 0.0433% of the statewide
PM emissions inventory, with plants
obtaining coverage under Maine’s
general permit regulations accounting
for only 0.01% of the total PM
emissions statewide. PM emissions from
all concrete batch plants account for a
maximum of 0.0421% of total statewide
PM emissions, with plants obtaining
coverage under Maine’s general permit
regulations accounting for only 0.008%
of total PM emissions statewide.
Therefore, Maine’s TSD demonstrates to
EPA’s satisfaction that the air quality
impacts from the nonmetallic mineral
processing plants and concrete batch
plants eligible for coverage under
Maine’s general permit regulations to be
extremely small.
Maine does not expect there will be
a significant change in the number of
sources that are using the general permit
programs, since many owners and
operators of eligible units have other
permitted equipment (e.g., an asphalt
batch plant) that must be permitted
through the standard licensing process
under Chapter 115. Maine also does not
expect significant growth in either of
these source sectors. Sources applying
for a license under these general permit
rules will be required to meet all
applicable control requirements, as
described above in section II. Prior to
the adoption of Chapters 149 and 164,
Maine did not have specific regulations
or control requirements for rock
crushers and concrete batch plants per
se. Instead, control requirements for
new and modified sources were
established utilizing a case-by-case best
available control technology (BACT)
determination through the Maine’s
Chapter 115 Major and Minor Source
Air Emission License Regulations. With
the adoption of the general permit rules,
these control technology requirements
are now explicitly codified for these
specific sources in Maine’s regulations.
Although Maine does not anticipate
control technology improvements for
these minor sources, Maine retains the
authority to amend these rules in the
event federal standards or requirements
change.
The regulation at 40 CFR 51.160(c)
specifies that the plan’s procedures
must provide for the submission, by the
owner or operator of the building,
facility, structure, or installation to be
constructed or modified, of such
information on: (1) The nature and
amounts of emissions to be emitted by
it or emitted by associated mobile
sources; (2) the location, design,
construction, and operation of such
facility, building, structure, or
installation as may be necessary to
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permit the State or local agency to make
the determination whether the propose
construction would result in any
unacceptable air quality impacts. See 40
CFR 51.160(a) and (b). Maine’s Chapter
149 and 164 rules both establish
application information required to be
submitted for a general permit,
including, but not limited to the
following: (1) Identifying information,
including contact information for the
owner; (2) The age, type, and maximum
processing rate; (3) A unique identifier,
such as a serial number, etc. associated
with the source; (4) Any other
information that may be necessary to
implement and enforce any
requirements applicable to the source
pursuant to federal or state air emission
control regulations; and (5) If required
by the Department, proposed
monitoring, testing, record keeping and
reporting protocols and results of
previously performed performance tests.
See section 3(B) of Chapter 149 and 164.
Moreover, Maine’s application forms for
coverage under the general permit
regulations require an applicant to
submit other information, such as the
location of the facility, which would
assist the State in determining whether
the proposed construction would result
in any unacceptable air quality impacts.
EPA’s approval of Maine’s general
permit regulations is appropriate in
light of this and the other information
required of applicants, and EPA believes
that Maine must continue to require
such information in its applications in
order to meet the requirements of the
CAA and its implementing regulations.
The regulation at 40 CFR 51.160(d)
specifies that the plan’s procedures
must provide that approval of any
construction or modification must not
affect the responsibility of the owner or
operator to comply with applicable
portions of the State’s pollution control
strategy. Maine’s general permit rules
explicitly state that the regulations do
not release a person from the obligation
to comply with any other applicable
state or federal requirements. See
section 1(E) of Chapter 149 and section
1(D) of Chapter 164.
The regulation at 40 CFR 51.160(e)
provides that the plan’s procedures
must identify types and sizes of
facilities, buildings, structures, or
installations which will be subject to
review under this section. The plan
must discuss the basis for determining
which facilities will be subject to
review. Maine’s Chapters 149 and 164
both contain applicability provisions
that identify the types and size of
facilities, buildings, structures, or
installations that are covered under the
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respective rules. See section 1 of
Chapters 149 and 164.
The regulation at 40 CFR 51.160(f)
provides that the plan’s procedures
must discuss the air quality data and the
dispersion or other air quality modeling
used to meet the requirements of
subpart I, Review of New Sources and
Modifications. See the earlier discussion
about Maine’s technical analysis of the
air quality impacts from the sources
subject to these general permit rules in
its TSD. In addition, Maine’s Chapter
115 Major and Minor Source Air
Emission License Regulations require
every applicant to provide an
affirmative demonstration that its
emissions, in conjunction with all other
sources, will not violate applicable
ambient air quality standards, except
that sources in nonattainment areas, or
sources which significantly impact a
nonattainment area, shall be required to
demonstrate that the source’s emissions
are consistent with reasonable further
progress provisions of the SIP. An
applicant may use ambient air
monitoring, modeling, or other
assessment techniques as approved by
Maine. NSR modeling required pursuant
to Chapter 115 must be consistent with
EPA regulations and guidelines or other
requirements under the CAA. See
sections 7(C) and (D) of Chapter 115. In
the event Maine determines that it has
reasonable cause to believe that
emissions from the proposed, modified,
or relocated source will violate the
control strategy or interfere with
attainment or maintenance of a national
standard in Maine or in a neighboring
state, Maine has the ability to require an
operator to apply for and obtain an
individual air emission license under
Chapter 115 (and perform an ambient
air quality analysis) before beginning
the actual construction, modification, or
operation of the source. See section
1(F)(9) of Chapter 149 and section
1(E)(9) of Chapter 164. If modeling is
deemed necessary, Chapter 115 requires
modeling to be based on the relevant air
quality models, databases, and other
requirements specified in the current
Guideline on Air Quality Models found
in Appendix W to 40 CFR part 51. See
section 7(A) of Chapter 115.
The regulation at 40 CFR 51.161
requires that the legally enforceable
procedures in 40 CFR 51.160 must also
require the State or local agency to
provide opportunity for public comment
on information submitted by owners
and operators. The public information
must include the agency’s analysis of
the effect of construction or
modification on ambient air quality,
including the agency’s proposed
approval or disapproval. Chapter 149
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and Chapter 164 rules were posted to a
30-day public comment period with
opportunity to request a public hearing
in accordance with state and federal
administrative requirements. Public
notice of the comment period was
published on the Secretary of State’s
rulemaking Web site and in newspapers
statewide on January 15, 2014.
The regulation at 40 CFR 51.162
specifies that each plan must identify
the State or local agency which will be
responsible for meeting the
requirements of this subpart in each
area of the State. Where such
responsibility rests with an agency other
than an air pollution control agency,
such agency will consult with the
appropriate State or local air pollution
control agency in carrying out the
provisions of this subpart. The Maine
Department of Environmental Protection
is the only CAA permitting authority in
the State of Maine and Maine is not
proposing to delegate this authority.
The regulation at 40 CFR 51.163
provides that the plan must include the
administrative procedures which will be
followed in making the determination
specified in paragraph (a) of 40 CFR
51.160. Maine’s Chapter 149 and
Chapter 164 rules both contain the
administrative procedures and
application requirements pursuant to
which the State will act upon an
application for a general permit. The
rules specify the terms and conditions
for the general permit application,
including the application form and any
other additional information required by
Maine. See section 3 of Chapters 149
and 164.
The regulation at 40 CFR 51.164 sets
requirements for good engineering stack
practice height. Maine’s Chapter 115
Major and Minor Source Air Emission
License Regulations provide that Maine
may require an air quality impact
analysis for a minor source that has the
potential to emit certain pollutants
exceeding the thresholds. See section
7(B)(3)of Chapter 115. Air quality
impact analysis and air quality
monitoring requirements will be
determined by Maine on a case-by-case
basis considering a number of factors,
including good engineering stack height.
See Section 7(C) of Chapter 115. As
previously noted, both Chapter 149 and
Chapter 164 provide authority for Maine
to require an operator to obtain an
individual Chapter 115 air emission
license, if appropriate.
Our evaluation of Maine’s July 24,
2014 SIP submittals and supporting TSD
demonstrates that the SIP submittals
meet compliance requirements for SIP
minor NSR programs under section
110(a)(2)(C) of the Clean Air Act.
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IV. Final Action
EPA is approving the revisions to the
Maine SIP submitted on July 24, 2014
and August 20, 2015. Specifically, EPA
is approving the incorporation of the
Maine 06–096 CMR Chapter 149
‘‘General Permit Regulation for
Nonmetallic Mineral Processing Plants’’
(except the ‘‘director discretion’’
provisions in sections 5(A)(8),
5(A)(9)(a), and 5(A)(9)(b), and the
opacity provisions in sections 5(A)(15),
5(C)(7), and 5(E), which were formally
withdrawn from consideration as part of
the SIP), and the Maine 06–096 CMR
Chapter 164 ‘‘General Permit Regulation
for Concrete Batch Plants’’ (except the
‘‘director discretion’’ provisions in
sections 5(C)(2), 5(C)(3)(a), and
5(C)(3)(b), and the opacity provisions in
sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E),
5(F)(5) and 5(G)(4), which were formally
withdrawn from consideration as part of
the SIP).
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should relevant adverse comments be
filed. This rule will be effective
December 8, 2015 without further notice
unless the Agency receives relevant
adverse comments by November 9,
2015.
If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on December 8, 2015 and no further
action will be taken on the proposed
rule. Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
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accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the Maine
06–096 CMR Chapter 149 ‘‘General
Permit Regulation for Nonmetallic
Mineral Processing Plants’’ (except the
‘‘director discretion’’ provisions in
sections 5(A)(8), 5(A)(9)(a), and
5(A)(9)(b), and the opacity provisions in
sections 5(A)(15), 5(C)(7), and 5(E),
which were formally withdrawn from
consideration as part of the SIP) and the
Maine 06–096 CMR Chapter 164
‘‘General Permit Regulation for Concrete
Batch Plants’’ (except the ‘‘director
discretion’’ provisions in sections
5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and
the opacity provisions in sections
5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5)
and 5(G)(4), which were formally
withdrawn from consideration as part of
the SIP) described in the amendments to
40 CFR part 52 set forth below. The EPA
has made, and will continue to make,
these documents generally available
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
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61117
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 8,
2015. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. Parties with objections to this
direct final rule are encouraged to file a
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comment in response to the parallel
notice of proposed rulemaking for this
action published in the proposed rules
section of today’s Federal Register,
rather than file an immediate petition
for judicial review of this direct final
rule, so that EPA can withdraw this
direct final rule and address the
comment in the proposed rulemaking.
This action may not be challenged later
in proceedings to enforce its
requirements. (See section 307(b)(2))
List of Subjects in 40 CFR Part 52
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Dated: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
Environmental protection, Air
pollution control, Carbon monoxide,
Subpart U—Maine
2. In § 52.1020(c), the table is
amended by adding new state citations
for Chapter 149 and Chapter 164 in
numerical order and revising footnote 1
to read as follows:
■
§ 52.1020
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MAINE REGULATIONS
EPA approval date EPA
approval date
and citation 1
State effective
date
State citation
Title/subject
*
Chapter 149 ............
*
*
General Permit Regulation for
Nonmetallic Mineral Processing Plants.
04/27/2014
*
*
10/9/2015, [Insert Federal
Register citation].
*
*
All of Chapter 149 is approved with the
exception of the ‘‘director discretion’’
provisions in sections 5(A)(8),
5(A)(9)(a), and 5(A)(9)(b), and the
opacity provisions in sections
5(A)(15), 5(C)(7), and 5(E), which
were formally withdrawn from consideration as part of the SIP.
*
Chapter 164 ............
*
*
General Permit Regulation for
Concrete Batch Plants.
04/27/2014
*
*
10/9/2015, [Insert Federal
Register citation].
*
*
All of Chapter 164 is approved with the
exception of the ‘‘director discretion’’
provisions in sections 5(C)(2),
5(C)(3)(a), and 5(C)(3)(b), and the
opacity provisions in sections
5(A)(10), 5(B)(3), 5(B)(4), 5(E),
5(F)(5) and 5(G)(4), which were formally withdrawn from consideration
as part of the SIP.
*
*
*
*
Explanations
*
*
*
1 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. 2015–25446 Filed 10–8–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0043; FRL–9934–74]
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Trans-1,3,3,3-tetrafluoroprop-1-ene;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of trans-1,3,3,3-
SUMMARY:
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tetrafluoroprop-1-ene (CAS Reg. No.
29118–24–9) when used as an inert
ingredient (propellant) in pesticide
formulations applied to growing crops,
raw agricultural commodities after
harvest, and animals, and when used as
an inert ingredient in antimicrobial
pesticide formulations for food-contact
surface sanitizing solutions. The Acta
Group, L.L.C. on behalf of Honeywell
International, Inc. submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
establishment of an exemption from the
requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of trans-1,3,3,3tetrafluoroprop-1-ene.
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This regulation is effective
October 9, 2015. Objections and
requests for hearings must be received
on or before December 8, 2015, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0043, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
ADDRESSES:
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]]>Agencies
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Rules and Regulations]
[Pages 61112-61118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25446]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2015-0527; A-1-FRL- 9935-33-Region1]
Air Plan Approval; Maine; General Permit Regulations for
Nonmetallic Mineral Processing Plants and Concrete Batch Plants
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maine.
This
[[Page 61113]]
revision establishes and requires general permit regulations for
nonmetallic mineral processing plants and concrete batch plants. The
regulations provide an option for minor new sources of air emissions to
comply with the State's minor new source review (NSR) rules in lieu of
obtaining an individual permit. The intended effect of this action is
to approve Maine's general permit regulations for minor source
nonmetallic mineral processing plants and concrete batch plants. This
action is being taken in accordance with section 110 the Clean Air Act.
DATES: This direct final rule will be effective December 8, 2015,
unless EPA receives adverse comments by November 9, 2015. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2015-0527 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: mcdonnell.ida@epa.gov.
3. Fax: (617) 918-0653.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2015-0527'',
Ida E. McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, (Mail code
OEP05-2), Boston, MA 02109-3912.
5. Hand Delivery or Courier: Deliver your comments to: Ida E.
McDonnell, Manager, Air Permits, Toxics and Indoor Programs Unit,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
EPA New England Regional Office, 5 Post Office Square--Suite 100, (Mail
code OEP05-2), Boston, MA 02109-3912. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2015-0527. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through www.regulations.gov, or
email, information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through www.regulations.gov your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available in www.regulations.gov or in hard copy at U.S.
Environmental Protection Agency, EPA New England Regional Office,
Office of Ecosystem Protection, 5 Post Office Square--Suite 100,
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 a.m. to 4:30 p.m., excluding
legal holidays.
In addition, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.
FOR FURTHER INFORMATION CONTACT: Susan Lancey, Office of Ecosystem
Protection, 5 Post Office Square, Suite 100 (OEP05-2), telephone number
(617) 918-1656, fax number (617) 918-0656, email lancey.susan@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. Background and Purpose
II. Maine's General Permit Regulations
A. What does Maine's General Permit Regulation for Nonmetallic
Mineral Processing Plants require?
B. What does Maine's General Permit Regulation for Concrete
Batch Plants require?
III. EPA's Evaluation
IV. Final Action
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background and Purpose
On July 24, 2014, supplemented with a technical support document
(TSD) on August 20, 2015, the State of Maine submitted two formal
revisions to its State Implementation Plan (SIP). The SIP revisions
consist of Maine's 06-096 Code of Maine Regulations (CMR) Chapter 149,
``General Permit Regulation for Nonmetallic Mineral Processing Plants''
\1\ (Chapter 149) and Maine's 06-096 CMR Chapter 164, ``General Permit
Regulation for Concrete Batch Plants'' \2\ (Chapter 164), accompanied
by a TSD. Maine originally adopted Chapter 149 ``General Permit
Regulation for Nonmetallic Mineral Processing Plants'' on July 17, 2008
and adopted amendments on April 4, 2014, with an effective date of
April 27, 2014. Maine adopted Chapter 164 ``General Permit Regulation
for Concrete Batch Plants'' on April 4, 2014, with an effective date of
April 27, 2014.
---------------------------------------------------------------------------
\1\ In a letter dated August 20, 2015, Maine formally withdrew
the ``director discretion'' provisions in sections 5(A)(8),
5(A)(9)(a), and 5(A)(9)(b), and the opacity provisions in sections
5(A)(15), 5(C)(7), and 5(E), in Chapter 149 from consideration as
part of its July 24, 2014 SIP revision.
\2\ In a letter dated August 20, 2015, Maine formally withdrew
the ``director discretion'' provisions in sections 5(C)(2),
5(C)(3)(a), and 5(C)(3)(b), and the opacity provision in sections
5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), in Chapter
164 from consideration as part of its July 24, 2014 SIP revision.
---------------------------------------------------------------------------
Maine's Chapter 115 includes the State's new source review (NSR)
requirements for new major and minor sources and modifications of air
emissions. Among other requirements, Chapter 115 includes requirements
for such sources to apply Best Available Control Technology (BACT).
Maine's July 24, 2014 SIP submittal provides an option for minor new
nonmetallic mineral processing plants and concrete
[[Page 61114]]
batch plants to satisfy the state's minor NSR permitting requirements
under Chapter 115 in lieu of obtaining an individual permit. The two
general permit regulations include monitoring, record keeping and
reporting requirements, as is required for an individual minor NSR
permit under Chapter 115, and includes pollution control requirements
and emission limitations that satisfy Chapter 115's BACT requirements
for nonmetallic mineral processing plants and concrete batch plants.
See section II of this notice for details about the requirements in
Maine's general permit regulations and see section III for a summary of
EPA's evaluation of the State's general permit regulations. Please note
that if EPA receives adverse comment on an amendment, paragraph, or
section of either or both of Maine's regulations as part of this action
and if that provision or provisions may be severed from the remainder
of the State's regulations and this action, EPA may adopt as final
those provisions of this action that are not the subject of an adverse
comment.
II. Maine's General Permit Regulations
A. What does Maine's General Permit Regulation for Nonmetallic Mineral
Processing Plants require?
Chapter 149, ``General Permit Regulation for Nonmetallic Mineral
Processing Plants'' regulates stationary and portable nonmetallic
mineral processing plants which are not major sources. Owners and
operators may obtain specific regulatory coverage under Chapter 149 in
lieu of an individual air emissions license. Sources do so by obtaining
a Crusher Identification Number (CIN) for each individual rock crusher
and submitting a Notification of Intent to Comply (NOITC), attesting to
their formal agreement to abide by all applicable conditions of Chapter
149. Power plant engines, located at the plant in question, including
generator sets and diesel drives, do not require a CIN, but are subject
to the provisions of the general permit regulation when associated with
the rock crushing activities. In addition, power plant engines located
at the plant also have size limits and must be portable, non-stationary
engines in order for the plant to be eligible for coverage under the
general permit regulation. Maine's general permit regulation also
limits facility-wide fuel use to no more than 65,000 gallons of fuel
oil, or the combined equivalent of natural gas and propane, in a
calendar year. This fuel use limit was chosen to ensure that emissions
of all criteria pollutants remain under the reporting thresholds for
Maine's Emissions Statements rule. The Emissions Statement reporting
thresholds are well below Chapter 115 thresholds which require
facilities to perform an air quality impact analysis. Finally, if the
construction, modification, or operation of the nonmetallic mineral
processing plant would not comply with all of the conditions of the
general permit regulation, the owner must apply for an individual air
emission license under Chapter 115 prior to beginning the actual
construction, modification or operation of the source.
Chapter 149 requires operators to establish and maintain best
management practices for suppression of fugitive particulate matter
during any construction, reconstruction, or operation which may result
in fugitive dust, and to maintain and operate all air pollution systems
in a manner consistent with good air pollution control practices for
minimizing emissions. Chapter 149 requires spray nozzles or other
control equipment for particulate control on the rock crusher. Plants
using a control method other than water sprays or carry over from up-
stream water sprays are excluded from applicability of Chapter 149 and
must obtain an individual air emission license under Chapter 115.
Chapter 149 requires monthly inspections of water sprays and a log
detailing the maintenance and corrective actions on particulate matter
control equipment. For eligible power plant engines associated with the
rock crushing activities, Chapter 149 sets facility-wide fuel usage
limits, fuel sulfur content limits, particulate matter emission limits
if the engine is greater than 3.0 MMBtu/hr, and prohibitions against
using any engine as a dispatched load generator. See sections 5(B) and
5(C) of Chapter 149.
B. What does Maine's General Permit Regulation for Concrete Batch
Plants require?
Chapter 164 ``General Permit Regulation for Concrete Batch Plants''
regulates concrete batch plants which are not major sources. Owners and
operators may obtain specific regulatory coverage under Chapter 164 in
lieu of obtaining an individual air emissions license. Sources do so by
obtaining a General Permit Number (GPN) for each unit and submitting a
Notification of Intent to Comply (NOITC), attesting to their formal
agreement to abide by all applicable conditions of Chapter 164.
Generator sets, small boilers and hot water heaters, located at the
concrete batch plant, do not require a GPN but are subject to the
provisions of the general permit regulation when associated with the
operations of the plant. Engines, boilers, and hot water heaters
eligible for coverage under the general permit regulation must meet
specified size limits. In addition, engines must be portable, non-
stationary engines in order for the plant to be eligible for coverage
under the general permit regulation. Maine's general permit regulation
also limits facility-wide fuel use to no more than 65,000 gallons of
fuel oil, or the combined equivalent of natural gas and propane, in a
calendar year. This fuel use limit was chosen to ensure that emissions
of all criteria pollutants remain under the reporting thresholds for
Maine's Emissions Statements rule. The Emissions Statement reporting
thresholds are well below Chapter 115 thresholds which require
facilities to perform an air quality impact analysis. Finally, if the
construction, modification, or operation of a concrete batch plant
would not comply with all of the conditions of the general permit
regulation, the owner must apply for an individual air emission license
under Chapter 115 prior to beginning the actual construction,
modification or operation of the source.
Chapter 164 requires operators to establish and maintain best
management practices for suppression of fugitive particulate matter
during any construction, reconstruction, or operation which may result
in fugitive dust, and to maintain and operate all air pollution systems
in a manner consistent with good air pollution control practices for
minimizing emissions. Operators are required to maintain particulate
control on the concrete batch plant, and associated material handling
systems, bag house filtration systems and cement silos. Chapter 164
requires monthly inspections of control equipment and a log detailing
the maintenance and corrective actions on particulate matter control
equipment, as well as testing, monitoring and recordkeeping
requirements. In addition, for engines, boilers and hot water heaters,
Chapter 164 sets sulfur content in fuel limits, facility fuel usage
limits, and particulate matter limits if the engines, boilers, and hot
water heaters are greater than 3.0 MMBtu/hr. See section 5(B) in
Chapter 164.
III. EPA's Evaluation
Maine's July 24, 2014 SIP submittals establish and require general
permit regulations meant to satisfy the Chapter 115 minor NSR
requirements for nonmetallic mineral processing plants and concrete
batch plants. The general
[[Page 61115]]
permit regulations include control requirements and emission limits
that satisfy the state's minor NSR BACT requirement. The regulations
also include monitoring, recordkeeping and reporting requirements as
required by the state's Chapter 115 minor NSR permitting requirements.
The regulations provide an option for minor new and modified
nonmetallic mineral processing plants and concrete batch plants to
comply with the requirements of the general permit regulation in lieu
of applying for and receiving a minor NSR permit under Chapter 115.
Section 110(a)(2)(C) of the Act requires, in part, that state SIPs
include permit programs that regulate the construction and modification
of stationary sources adequate to ensure the national ambient air
quality standards (NAAQS) are achieved. A minor stationary source is a
source whose potential to emit is lower than the major source
applicability threshold for particular pollutants defined by the
applicable major NSR program. Because Maine's SIP submittals are only
meant to satisfy the requirements of minor NSR, we evaluated Maine's
Chapter 149 and Chapter 164 general permit regulations under EPA's
implementing regulations for minor NSR SIP revisions found at 40 CFR
51.160 through 51.164. EPA requires that a minor NSR program include
legally enforceable procedures, public availability of information,
identification of the responsible agency, administrative procedures,
and stack height procedures (see 40 CFR 51.160-51.164). The following
describes how Maine's SIP submittals meet these requirements.
The regulation at 40 CFR 51.160(a) requires that each plan must set
forth legally enforceable procedures that enable the State or local
agency to determine whether the construction or modification of a
facility, building, structure or installation or combination of these
will result in: (1) A violation of applicable portions of the control
strategy; or (2) interference with attainment or maintenance of a
national standard in the state in which the proposed source or
modification is located or in a neighboring state. The regulation at 40
CFR 50.160(b) provides that such procedures must include means by which
the State or local agency responsible for final decision-making on the
application for approval to construct or modify will prevent such
construction or modification if: (1) It will result in a violation of
applicable portions of the control strategy; or (2) it will interfere
with the attainment or maintenance of a national standard.
Maine's Chapter 115 Major and Minor Source Air Emission License
Regulations require all applicants for new construction and
modifications to existing sources to provide an assessment of the
ambient air quality impact of the source, including the NAAQS, if the
new source or modification exceeds certain thresholds. The source or
modification must demonstrate that the maximum emission rates of all
regulated and hazardous air pollutants will not violate any applicable
requirements or interfere with attainment or maintenance of a NAAQS in
Maine or a neighboring state.
To comply with this requirement, Maine's general permit regulations
are not applicable to larger sources that exceed the regulations'
emission threshold levels or other program requirements. These larger
sources must obtain an individual air emissions license under Chapter
115. In addition, both general permit regulations give Maine the
authority to prohibit a source from using the general permit rules if
Maine has reasonable cause to believe that emissions from the proposed,
modified, or relocated source will violate the control strategy or
interfere with attainment or maintenance of a national standard in
Maine or in a neighboring state. See section 1(F)(9) of Chapters 149
and 164.
Maine also conducted a technical analysis to determine the impact
of the smaller nonmetallic mineral processing plants and concrete batch
plants that would be eligible for coverage under the general permit
regulations. Maine analyzed its 2011 emissions inventory data to assess
the relative contribution of nonmetallic mineral processing plants and
concrete batch plants to the statewide particulate matter (PM)
inventory. Annual emissions from these source categories were
significantly lower than total emissions of PM in the State. There is a
total of 334 nonmetallic mineral processing plants licensed in Maine,
of which 238 plants hold an individual license under Chapter 115. The
remaining 96 facilities have been licensed under the Chapter 149
general permit rule and Maine estimates the emissions from these plants
combined to be only 8.64 tons per year. There is a total of 73 licensed
concrete batch plants in Maine, of which 59 hold an individual license
under Chapter 115. The remaining 14 facilities are licensed under the
Chapter 164 general permit rule and their combined emissions are
estimated at 5.6 tons per year. Statewide PM emissions in 2011 totaled
69,370.64 tons per year.
Thus, Maine's TSD demonstrates that PM emissions from all
nonmetallic mineral processing plants account for a maximum of 0.0433%
of the statewide PM emissions inventory, with plants obtaining coverage
under Maine's general permit regulations accounting for only 0.01% of
the total PM emissions statewide. PM emissions from all concrete batch
plants account for a maximum of 0.0421% of total statewide PM
emissions, with plants obtaining coverage under Maine's general permit
regulations accounting for only 0.008% of total PM emissions statewide.
Therefore, Maine's TSD demonstrates to EPA's satisfaction that the air
quality impacts from the nonmetallic mineral processing plants and
concrete batch plants eligible for coverage under Maine's general
permit regulations to be extremely small.
Maine does not expect there will be a significant change in the
number of sources that are using the general permit programs, since
many owners and operators of eligible units have other permitted
equipment (e.g., an asphalt batch plant) that must be permitted through
the standard licensing process under Chapter 115. Maine also does not
expect significant growth in either of these source sectors. Sources
applying for a license under these general permit rules will be
required to meet all applicable control requirements, as described
above in section II. Prior to the adoption of Chapters 149 and 164,
Maine did not have specific regulations or control requirements for
rock crushers and concrete batch plants per se. Instead, control
requirements for new and modified sources were established utilizing a
case-by-case best available control technology (BACT) determination
through the Maine's Chapter 115 Major and Minor Source Air Emission
License Regulations. With the adoption of the general permit rules,
these control technology requirements are now explicitly codified for
these specific sources in Maine's regulations. Although Maine does not
anticipate control technology improvements for these minor sources,
Maine retains the authority to amend these rules in the event federal
standards or requirements change.
The regulation at 40 CFR 51.160(c) specifies that the plan's
procedures must provide for the submission, by the owner or operator of
the building, facility, structure, or installation to be constructed or
modified, of such information on: (1) The nature and amounts of
emissions to be emitted by it or emitted by associated mobile sources;
(2) the location, design, construction, and operation of such facility,
building, structure, or installation as may be necessary to
[[Page 61116]]
permit the State or local agency to make the determination whether the
propose construction would result in any unacceptable air quality
impacts. See 40 CFR 51.160(a) and (b). Maine's Chapter 149 and 164
rules both establish application information required to be submitted
for a general permit, including, but not limited to the following: (1)
Identifying information, including contact information for the owner;
(2) The age, type, and maximum processing rate; (3) A unique
identifier, such as a serial number, etc. associated with the source;
(4) Any other information that may be necessary to implement and
enforce any requirements applicable to the source pursuant to federal
or state air emission control regulations; and (5) If required by the
Department, proposed monitoring, testing, record keeping and reporting
protocols and results of previously performed performance tests. See
section 3(B) of Chapter 149 and 164. Moreover, Maine's application
forms for coverage under the general permit regulations require an
applicant to submit other information, such as the location of the
facility, which would assist the State in determining whether the
proposed construction would result in any unacceptable air quality
impacts. EPA's approval of Maine's general permit regulations is
appropriate in light of this and the other information required of
applicants, and EPA believes that Maine must continue to require such
information in its applications in order to meet the requirements of
the CAA and its implementing regulations.
The regulation at 40 CFR 51.160(d) specifies that the plan's
procedures must provide that approval of any construction or
modification must not affect the responsibility of the owner or
operator to comply with applicable portions of the State's pollution
control strategy. Maine's general permit rules explicitly state that
the regulations do not release a person from the obligation to comply
with any other applicable state or federal requirements. See section
1(E) of Chapter 149 and section 1(D) of Chapter 164.
The regulation at 40 CFR 51.160(e) provides that the plan's
procedures must identify types and sizes of facilities, buildings,
structures, or installations which will be subject to review under this
section. The plan must discuss the basis for determining which
facilities will be subject to review. Maine's Chapters 149 and 164 both
contain applicability provisions that identify the types and size of
facilities, buildings, structures, or installations that are covered
under the respective rules. See section 1 of Chapters 149 and 164.
The regulation at 40 CFR 51.160(f) provides that the plan's
procedures must discuss the air quality data and the dispersion or
other air quality modeling used to meet the requirements of subpart I,
Review of New Sources and Modifications. See the earlier discussion
about Maine's technical analysis of the air quality impacts from the
sources subject to these general permit rules in its TSD. In addition,
Maine's Chapter 115 Major and Minor Source Air Emission License
Regulations require every applicant to provide an affirmative
demonstration that its emissions, in conjunction with all other
sources, will not violate applicable ambient air quality standards,
except that sources in nonattainment areas, or sources which
significantly impact a nonattainment area, shall be required to
demonstrate that the source's emissions are consistent with reasonable
further progress provisions of the SIP. An applicant may use ambient
air monitoring, modeling, or other assessment techniques as approved by
Maine. NSR modeling required pursuant to Chapter 115 must be consistent
with EPA regulations and guidelines or other requirements under the
CAA. See sections 7(C) and (D) of Chapter 115. In the event Maine
determines that it has reasonable cause to believe that emissions from
the proposed, modified, or relocated source will violate the control
strategy or interfere with attainment or maintenance of a national
standard in Maine or in a neighboring state, Maine has the ability to
require an operator to apply for and obtain an individual air emission
license under Chapter 115 (and perform an ambient air quality analysis)
before beginning the actual construction, modification, or operation of
the source. See section 1(F)(9) of Chapter 149 and section 1(E)(9) of
Chapter 164. If modeling is deemed necessary, Chapter 115 requires
modeling to be based on the relevant air quality models, databases, and
other requirements specified in the current Guideline on Air Quality
Models found in Appendix W to 40 CFR part 51. See section 7(A) of
Chapter 115.
The regulation at 40 CFR 51.161 requires that the legally
enforceable procedures in 40 CFR 51.160 must also require the State or
local agency to provide opportunity for public comment on information
submitted by owners and operators. The public information must include
the agency's analysis of the effect of construction or modification on
ambient air quality, including the agency's proposed approval or
disapproval. Chapter 149 and Chapter 164 rules were posted to a 30-day
public comment period with opportunity to request a public hearing in
accordance with state and federal administrative requirements. Public
notice of the comment period was published on the Secretary of State's
rulemaking Web site and in newspapers statewide on January 15, 2014.
The regulation at 40 CFR 51.162 specifies that each plan must
identify the State or local agency which will be responsible for
meeting the requirements of this subpart in each area of the State.
Where such responsibility rests with an agency other than an air
pollution control agency, such agency will consult with the appropriate
State or local air pollution control agency in carrying out the
provisions of this subpart. The Maine Department of Environmental
Protection is the only CAA permitting authority in the State of Maine
and Maine is not proposing to delegate this authority.
The regulation at 40 CFR 51.163 provides that the plan must include
the administrative procedures which will be followed in making the
determination specified in paragraph (a) of 40 CFR 51.160. Maine's
Chapter 149 and Chapter 164 rules both contain the administrative
procedures and application requirements pursuant to which the State
will act upon an application for a general permit. The rules specify
the terms and conditions for the general permit application, including
the application form and any other additional information required by
Maine. See section 3 of Chapters 149 and 164.
The regulation at 40 CFR 51.164 sets requirements for good
engineering stack practice height. Maine's Chapter 115 Major and Minor
Source Air Emission License Regulations provide that Maine may require
an air quality impact analysis for a minor source that has the
potential to emit certain pollutants exceeding the thresholds. See
section 7(B)(3)of Chapter 115. Air quality impact analysis and air
quality monitoring requirements will be determined by Maine on a case-
by-case basis considering a number of factors, including good
engineering stack height. See Section 7(C) of Chapter 115. As
previously noted, both Chapter 149 and Chapter 164 provide authority
for Maine to require an operator to obtain an individual Chapter 115
air emission license, if appropriate.
Our evaluation of Maine's July 24, 2014 SIP submittals and
supporting TSD demonstrates that the SIP submittals meet compliance
requirements for SIP minor NSR programs under section 110(a)(2)(C) of
the Clean Air Act.
[[Page 61117]]
IV. Final Action
EPA is approving the revisions to the Maine SIP submitted on July
24, 2014 and August 20, 2015. Specifically, EPA is approving the
incorporation of the Maine 06-096 CMR Chapter 149 ``General Permit
Regulation for Nonmetallic Mineral Processing Plants'' (except the
``director discretion'' provisions in sections 5(A)(8), 5(A)(9)(a), and
5(A)(9)(b), and the opacity provisions in sections 5(A)(15), 5(C)(7),
and 5(E), which were formally withdrawn from consideration as part of
the SIP), and the Maine 06-096 CMR Chapter 164 ``General Permit
Regulation for Concrete Batch Plants'' (except the ``director
discretion'' provisions in sections 5(C)(2), 5(C)(3)(a), and
5(C)(3)(b), and the opacity provisions in sections 5(A)(10), 5(B)(3),
5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which were formally withdrawn from
consideration as part of the SIP).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
December 8, 2015 without further notice unless the Agency receives
relevant adverse comments by November 9, 2015.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on December 8, 2015 and no further action will
be taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the Maine
06-096 CMR Chapter 149 ``General Permit Regulation for Nonmetallic
Mineral Processing Plants'' (except the ``director discretion''
provisions in sections 5(A)(8), 5(A)(9)(a), and 5(A)(9)(b), and the
opacity provisions in sections 5(A)(15), 5(C)(7), and 5(E), which were
formally withdrawn from consideration as part of the SIP) and the Maine
06-096 CMR Chapter 164 ``General Permit Regulation for Concrete Batch
Plants'' (except the ``director discretion'' provisions in sections
5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and the opacity provisions in
sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which
were formally withdrawn from consideration as part of the SIP)
described in the amendments to 40 CFR part 52 set forth below. The EPA
has made, and will continue to make, these documents generally
available through www.regulations.gov and/or in hard copy at the
appropriate EPA office (see the ADDRESSES section of this preamble for
more information).
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 8, 2015. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a
[[Page 61118]]
comment in response to the parallel notice of proposed rulemaking for
this action published in the proposed rules section of today's Federal
Register, rather than file an immediate petition for judicial review of
this direct final rule, so that EPA can withdraw this direct final rule
and address the comment in the proposed rulemaking. This action may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2))
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 21, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
0
2. In Sec. 52.1020(c), the table is amended by adding new state
citations for Chapter 149 and Chapter 164 in numerical order and
revising footnote 1 to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
EPA approval date
State citation Title/subject State EPA approval date Explanations
effective date and citation\ 1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Chapter 149.................... General Permit 04/27/2014 10/9/2015, [Insert All of Chapter 149 is
Regulation for Federal Register approved with the
Nonmetallic citation]. exception of the
Mineral ``director
Processing Plants. discretion''
provisions in sections
5(A)(8), 5(A)(9)(a),
and 5(A)(9)(b), and
the opacity provisions
in sections 5(A)(15),
5(C)(7), and 5(E),
which were formally
withdrawn from
consideration as part
of the SIP.
* * * * * * *
Chapter 164.................... General Permit 04/27/2014 10/9/2015, [Insert All of Chapter 164 is
Regulation for Federal Register approved with the
Concrete Batch citation]. exception of the
Plants. ``director
discretion''
provisions in sections
5(C)(2), 5(C)(3)(a),
and 5(C)(3)(b), and
the opacity provisions
in sections 5(A)(10),
5(B)(3), 5(B)(4),
5(E), 5(F)(5) and
5(G)(4), which were
formally withdrawn
from consideration as
part of the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ 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. 2015-25446 Filed 10-8-15; 8:45 am]
BILLING CODE 6560-50-P
