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[Federal Register: August 30, 1995 (Volume 60, Number 168)]
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ENVIRONMENTAL PROTECTION AGENCY
Approval and Promulgation of Air Quality Implementation Plans--Maine; Redesignation to Attainment and PM-10 Contingency Measures for Presque Isle
AGENCY: Environmental Protection Agency (EPA).
SUMMARY: EPA is fully approving Maine's request to redesignate the Presque Isle area to attainment for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM-10), along a maintenance demonstration and contingency plans which outline Maine's control strategy for maintenance of the PM-10 national ambient air quality standards (NAAQS). EPA is also approving a State Implementation Plan (SIP) revision submitted by the State of Maine to satisfy federal requirements for contingency measures for the Presque Isle initial nonattainment area. This action is being taken under the Clean Air Act. DATES: This final rule is effective October 30, 1995, unless notice is received by September 29, 1995 that adverse or critical comments will be submitted. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director, Air, Pesticides and Toxics Management Division, EPA-New England, JFK Federal Building (AAA), Boston, MA 02203-2211. Copies of the documents relevant to this action are available for public inspection by appointment during normal business hours at the Air, Pesticides and Toxics Management Division, EPA-New England, One Congress Street, 10th floor, Boston, MA; Air and Radiation Docket and Information Center, US Environmental Protection Agency, 401 M Street, SW (LE-131), Washington, DC 20460; and the Bureau of Air Quality Control, Department of Environmental Protection, 71 Hospital Street, Augusta, ME 04333. FOR FURTHER INFORMATION CONTACT: Matthew B. Cairns, (617) 565-4982. SUPPLEMENTARY INFORMATION: Background Part D, Subparts 1 and 4 of Title I of the Clean Air Act Amendments of 1990 (hereafter referred to as ``the Act'') set out air quality planning requirements for moderate PM-10 nonattainment areas. The EPA has issued a ``General Preamble'' describing EPA's preliminary views on how EPA intends to review SIPs and SIP revisions submitted under Title I of the Act, including those State submittals containing moderate PM-10 nonattainment area SIP requirements. [See, generally, 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992).] Because EPA is describing its interpretations here only in broad terms, the reader should refer to the General Preamble for a more detailed discussion of the interpretations of Title I advanced in this approval and the supporting rationale. By November 15, 1991, States containing initial moderate PM-10 nonattainment areas were required to submit most elements of their PM-10 SIP. [See Secs. 172(c), 188, and 189 of the Act.] Some provisions were due at a later date. For example, such States also must submit contingency measures by November 15, 1993, which become effective without further action by the State or EPA upon a determination by EPA that the area has failed to achieve RFP or to attain the PM-10 NAAQS by the applicable statutory deadline. [See Sec. 172(c)(9) and 57 FR 13543-44.] In order for an area to be redesignated as attainment, the State must meet the following conditions listed in Sec. 107(d)(3)(E) of the Act: (i) The EPA has determined that the NAAQS have been attained. (ii) The applicable implementation plan has been fully approved by EPA under Sec. 110(k). (iii) The EPA has determined that the improvement in air quality is due to permanent and enforceable reductions in emissions. (iv) The State has met all applicable requirements for the area under Sec. 110(k) and Part D. (v) The EPA has fully approved a maintenance plan, including a contingency plan, for the area under Sec. 175A. EPA guidance titled ``Procedures for Processing Requests to Redesignate Areas to Attainment'' (September 4, 1992 memorandum from AQMD Director John Calcagni) outlines how to assess the adequacy of redesignation requests against the conditions listed above. Summary of Maine's SIP Revision and Redesignation Request for Presque Isle On January 12, 1995, EPA approved Maine's PM-10 Attainment Plan (60 FR 2885) for Presque Isle. However, on January 26, 1994, EPA had notified Maine of ``a finding of failure to submit'' contingency measures for PM-10, which were due by November 15, 1993. According to EPA guidance titled ``Contingency Measure Due Date for Initial PM-10 Moderate Nonattainment Areas'' (February 25, 1992 memo from Calcagni), states were not obligated to submit contingency measures until EPA established a due date for their submittal. On April 16, 1992 EPA gave States until November 15, 1993 to submit required contingency measures. (See General Preamble at 57 FR 13543 footnote 26.) Although the due date for contingency measures had passed by the time EPA proposed approval of Maine's PM-10 Attainment Plan, EPA fully approved of this SIP revision because it meets all requirements applicable as of the time of its adoption by Maine and submittal to EPA. Furthermore, full approval did not relieve Maine from the obligation to submit a separate SIP revision to meet contingency measure requirements. (See 59 FR 24096 (May 10, 1994).) On June 1, 1994, the Maine Department of Environmental Protection (Maine DEP) submitted a SIP revision for Chapter 114 ``Classification of Air Quality Control Regions'' and a request to redesignate the Presque Isle area to attainment for PM-10, accompanied by contingency and maintenance plans. On July 22, 1994, EPA-New England determined this submittal was complete and acceptable for processing. The completeness determination stopped the associated sanctions clock for failure to submit contingency measures. EPA also noted that Maine's contingency plan could satisfy both the contingency measure requirement for initial moderate PM-10 nonattainment areas under Sec. 172(c)(9) and the contingency provisions required for redesignation under Sec. 175A(d). Section 110(k) of the Act sets out provisions governing EPA's review of SIP submittals. (See 57 FR 13565-66.) Specific requirements and the rationale for EPA's approval action are detailed in the Technical Support Document (TSD), dated May 18, 1995, and are summarized, but not restated, here in the following paragraphs. Interested parties should consult the TSD or Maine's submittal for details. Procedural Background The Act requires States to observe certain procedural requirements in developing implementation plans and plan revisions for submission to EPA. Section 110(a)(2) of the Act provides that each implementation plan submitted by a State must be adopted after reasonable notice and public hearing. Section 110(l) of the Act similarly provides that each revision to an implementation plan submitted by a State under the Act must be adopted by such State after reasonable notice and public hearing. Section 172(c) of the Act also requires that plan provisions for nonattainment areas meet the applicable provisions of Sec. 110(a)(2). EPA must also determine whether a submittal is complete and therefore warrants further EPA review and action. [See Sec. 110(k)(1) and 57 FR 13565.] EPA's completeness criteria for SIP submittals are set out at 40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216 (August 26, 1991)(footnote 1). EPA attempts to make completeness determinations within 60 days of receiving a submittal. However, a submittal is deemed complete by operation of law if EPA does not make a completeness determination by 6 months after receipt of the submittal. 1 Since redesignations are subject to Sec. 107(d)(3)(D) rather than Sec. 110(k), EPA is not required to promulgate completeness criteria or make completeness determinations on redesignations. However, under its general rulemaking authority of Sec. 301(a) of the Act as necessary to implement the requirements of Sec. 107(d)(3)(D), EPA has determined it is appropriate to apply the completeness criteria applicable to Sec. 110(k) actions to redesignations. (See 56 FR 42216-7, August 26, 1991.) The State of Maine held a public hearing on March 24, 1994 to entertain public comment on the redesignation request and contingency measures for Presque Isle. EPA reviewed Maine's submittal to determine completeness in accordance with criteria outlined in 40 CFR Part 51 Appendix V and as amended by 57 FR 42216 (August 26, 1991). As noted above, EPA-New England informed the Director of Maine DEP's Bureau of Air Quality (the Maine Governor's designee) that the submittal was complete and explained how the review process would proceed. Redesignation to Attainment In the TSD prepared for approval of Maine's PM-10 Attainment Plan (January 2, 1994 memorandum from Brian Hennessy), EPA noted that the NAAQS have been attained and that the improvement in air quality is due to permanent and enforceable reductions in emissions [requirements (i) and (iii) above] had already been met for purposes of redesignating Presque Isle to attainment. With the following explanations, Maine's redesignation request has satisfied the remainder of EPA's guidance concerning redesignation to attainment. Maintenance Plan and Contingency Provisions Under Section175A Section 175A defines the general frame work of a maintenance plan. The maintenance plan will constitute a SIP revision and must provide for maintenance of the relevant NAAQS in the area for at least 10 years after redesignation. In addition, the maintenance plan shall contain contingency provisions necessary to ensure prompt correction of any violation of the NAAQS. [See Secs. 175A(b) and (d).] EPA's guidance on redesignations outlines 5 core provisions that are necessary to ensure maintenance of the relevant NAAQS in an area seeking redesignation from nonattainment to attainment. The following paragraphs describe how Maine has fulfilled each provision. Attainment Inventory. A PM-10 emission inventory for Presque Isle was necessary in order to analyze the impact of current and projected emissions on the ambient PM-10 air quality, to quantify emission reductions from the MOU,(footnote 2) and to determine whether Maine's control strategy will maintain the PM-10 NAAQS. Maine DEP has inventoried residential, commercial, and industrial combustion and process sources in Presque Isle. As detailed in the approval of Maine's PM-10 Attainment Plan, the control strategy does not require emission reductions from these source categories. As Maine DEP's receptor modeling showed, emissions from paved roads dominate the PM-10 inventory in Presque Isle. EPA is satisfied that Maine's inventory is sufficiently accurate and comprehensive for purposes of redesignating Presque Isle consistent with the requirements in Sec. 107(d)(3)(E) and Sec. 175A. Therefore, EPA is approving Maine's emissions inventory for Presque Isle, the details of which are embodied in the TSD. 2 Maine DEP has entered a joint memorandum of understanding (MOU) with the City of Presque Isle, which includes several measures to abate dust re-entrainment from paved roads and open areas in the downtown area. As part of Attainment Plan for Presque Isle, Maine DEP has demonstrated that the control measures in Part B of the MOU have attained and will maintain the PM-10 NAAQS. (See 60 FR 2885, January 12, 1995.) Maintenance Demonstration. A State may generally demonstrate maintenance of the PM-10 NAAQS by either showing that future emissions of PM-10 or its precursors will not exceed the level of the attainment inventory or by modeling to show that the future mix of sources and emission rates will not cause a violation of the NAAQS. Whether a dispersion or receptor model has been used to relate base case emissions to air quality, a proportional, or rollback, calculation may be used to show that planned emission reductions will achieve and maintain NAAQS. For the 24-hour NAAQS these conditions are met when air quality improvements projected from enforceable emission reductions, including consideration of growth, result in 24-hour design values below 150 ug/m3. Emissions from both road dust and diesel exhaust categories are expected to grow at the same rate (that is, the rate of growth in VMT, disregarding any improvements to diesel vehicle emissions, as determined by the Maine Department of Transportation) of 2.09 Maine DEP used the rollback technique or model to demonstrate that the planned strategies result in required reduction in observed PM-10 concentrations so that the Presque Isle area will maintain the NAAQS. These calculations account for growth during the period between sample collection date and the year 2005. Rollback was performed on the four highest observed PM-10 concentrations monitored during the three year period 1987-1989, the year in which Presque Isle attained the PM-10 NAAQS. This approach is consistent with EPA's ``PM-10 SIP Development Guideline'' (EPA-450/2-86-001: June, 1987). In summary, Maine DEP has demonstrated that both emissions projections and proportional modeling from implementation of the MOU will maintain the PM-10 NAAQS for at least 10 years beyond redesignation. Monitoring Network. Once an area has been redesignated, the State should continue to operate an appropriate air quality monitoring network, in accordance with 40 CFR Part 58, to verify the attainment status of the area. The redesignation of Presque Isle to attainment will not change the monitoring network which Maine has in place. On the contrary, the contingency plan (as described below) is based on continued monitoring of PM-10 in the Presque Isle area. Verification of Continued Attainment. Each State should ensure that it has the legal authority to implement and enforce all measures to attain and to maintain the NAAQS. Sections 110(a)(2)(B) and (F) of the Clean Air Act and regulations promulgated at 40 CFR 51.110(k), suggest that one such measure is the acquisition of ambient and source emission data to demonstrate attainment and maintenance. In this redesignation request, Maine has committed to performing a periodic inventory of emission sources in the Presque Isle area at 3 year intervals. An emission summary will be prepared and submitted in December of the year following the year of the inventory. The detail of the inventory will be consistent with that employed in the PM-10 Attainment Demonstration SIP for Presque Isle. The first year of the inventory will be 1996, with the subsequent summary report completed in December, 1997. Contingency Provisions. Section 175A(d) of the Clean Air Act requires that a maintenance plan also include contingency provisions, as necessary, to promptly correct any violation of the NAAQS that occurs after redesignation of the area. The contingency plan is considered an enforceable part of the SIP and should ensure that contingency measures are adopted expediently once they are triggered. The plan should clearly identify the measures to be adopted, a schedule and procedure for adoption and implementation, and a specific time limit for action by the State. As a necessary part of the plan, the State should also identify specific indicators, or triggers, which will be used to determine when the contingency measures need to be implemented. By virtue of incorporation into Maine's SIP, Part B of Maine DEP's revised MOU with the City of Presque Isle will supplement the existing control plan for Presque Isle with two contingency levels. Maine has developed this MOU to meet the requirements of Secs. 175A(d) and 172(c)(9). The City of Presque Isle will use salt and liquid calcium chloride as the main source of winter antiskid control within a 1/2 mile radius of the Northeastland Hotel. As climatic conditions develop where the use of salt and liquid calcium chloride is ineffective, the City will use the harder, low percent fines material, since liquid calcium chloride becomes ineffective at about -20 deg. F. The contingency plan will be implemented as soon as Maine DEP notifies the City that 24-hour PM-10 concentrations of 130 ug/m3 have been measured at the maximum impact site. Maine DEP will know within 7 days of the occurrence of the concentration and will notify the City immediately. The City of Presque Isle will expand the use of salt and liquid calcium chloride to an additional 1/4 mile radius on roads which are considered major arteries to the City as soon as Maine DEP notifies the City that 24-hour PM-10 concentrations of 140 ug/m3 have been measured at the maximum impact site. Maine has proposed these contingency measures that Presque Isle has implemented voluntarily and which have resulted in a reduction of measured PM-10 concentrations. Substitution of the liquid calcium chloride for a sand/salt mix has achieved lower silt loadings than the current MOU requires. Voluntary implementation of this contingency plan does not preclude its use in a contingency plan. Control efforts in Presque Isle have focused on emissions from road sanding. The City of Presque Isle has demonstrated its commitment to solving the re-entrained dust problem by using durable sand containing a low percentage of fines. More recently, the City of Presque Isle reduced PM-10 levels by using liquid calcium chloride as a de-icer whenever temperatures permit. As provided in Sec. 172(c)(9) of the Act, all moderate nonattainment area SIPs that demonstrate attainment must include contingency measures. (See generally 57 FR 13543-44.) These measures were required to be submitted by November 15, 1993 for the initial moderate nonattainment areas. These measures must take effect without further action by the State or EPA, upon a determination by EPA that the area has failed to make RFP or attain the PM-10 NAAQS by the applicable statutory deadline. EPA is accepting Maine's contingency plan as adequate to fulfill both Sec. 175A(d) contingency provision and Sec. 172(c)(9) contingency measure requirements. Applicable Requirements Under Section 110 and Part D The requirements under Sec. 107(d)(3)(E) (ii) and (iv) listed above are addressed in the January 2, 1994 TSD. Specifically, EPA's January 12, 1995 approval of Maine's PM-10 Attainment Plan noted the only outstanding PM-10 SIP element was the Sec. 172(c)(9) contingency measures. In approving Maine's PM-10 Attainment Plan, EPA-New England stated that the ``contingency plan'' developed to meet the Sec. 175A(d) contingency provisions requirement for redesignation also could satisfy those contingency measures required for initial moderate nonattainment areas under Sec. 172(c)(9). Consequently, with the redesignation of Presque Isle to attainment, Maine has satisfied all Sec. 110 and Part D requirements applicable to Presque Isle for PM-10. Final Action EPA is approving the PM-10 redesignation request, maintenance plan, and contingency measures Maine submitted to the EPA on June 1, 1994. EPA is also approving a revision to Chapter 114 of Maine's Department of Environmental Protection Regulations, ``Classification of Air Quality Control Regions,'' which removes Presque Isle as a nonattainment area for PM-10. Chapter 114 was adopted by the Board of Environmental Protection on April 27, 1994 and accepted by the Secretary of State with an effective date of May 9, 1994. EPA is publishing this action without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. However, in a separate document in this Federal Register publication, EPA is proposing to approve the SIP revision should adverse or critical comments be filed. This action will be effective October 30, 1995 unless adverse or critical comments are received by September 29, 1995. If the EPA receives such comments, this action will be withdrawn before the effective date by simultaneously publishing a subsequent notice that will withdraw the final action. All public comments received will then be addressed in a subsequent final rule based on this action serving as a proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. If no such comments are received, the public is advised that this action will be effective on October 30, 1995. Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and 604. Alternatively, EPA may certify that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000. Under Secs. 202, 203, and 205 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA must undertake various actions in association with proposed or final rules that include a Federal mandate that may result in estimated costs of $100 million or more to the private sector, or to State, local, or tribal governments in the aggregate. Through submission of this state implementation plan revision, the State and any affected local or tribal governments have elected to adopt the program provided for under Sec. 110 of the Clean Air Act. These rules may bind State, local and tribal governments to perform certain actions and also require the private sector to perform certain duties. To the extent that the rules being approved by this action will impose no new requirements; such sources are already subject to these regulations under State law. Accordingly, no additional costs to State, local, or tribal governments, or to the private sector, result from this action. EPA has also determined that this action does not include a mandate that may result in estimated costs of $100 million or more to State, local, or tribal governments in the aggregate or to the private sector. SIP approvals under Sec. 110 and subchapter I, Part D of the CAA do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the federal SIP-approval does not impose any new requirements, I certify that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the federal-state relationship under the CAA, preparation of a regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The CAA forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. USEPA, 427 US 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2). This action has been classified as a Table 3 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation. A future notice will inform the general public of these tables. The Office of Management and Budget (OMB) has exempted this action from review under Executive Order 12866. Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any state implementation plan. Each request for revision to the state implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. Under Sec. 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 October 30, 1995. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. [See Sec. 307(b)(2).] List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 81 Air pollution control, National parks, Wilderness areas. Note: Incorporation by reference of the State Implementation Plan for the State of Maine was approved by the Director of the Federal Register on July 1, 1982. Dated July 20, 1995. John P. DeVillars, Regional Administrator, EPA-New England. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED] The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart U--Maine 2. Section 52.1020 is amended by adding paragraph (c)(40) to read as follows: Sec. 52.1020 Identification of plan. * * * * (c) * * * (40) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 1, 1994. (i) Incorporation by reference. (A) Letter from the Maine Department of Environmental Protection dated June 1, 1994 submitting revisions to the Maine State Implementation Plan. (B) Revisions to Chapter 114 of the Maine Department of Environmental Protection Regulations, ``Classification of Air Quality Control Regions,'' adopted by the Board of Environmental Protection on April 27, 1994 and accepted by the Secretary of State with an effective date of May 9, 1994. (C) Revisions to Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the Maine Department of Transportation. (ii) Additional materials. (A) A maintenance demonstration and contingency plan which outline Maine's control strategy for maintenance of the PM-10 NAAQS and contingency measures and provision for Presque Isle. (B) Nonregulatory portions of the submittal. In Sec. 52.1031 the table is amended by adding a new citation to entry ``114'' to read as follows:
Sec. 52.1031 EPA-approved Maine regulations.
* * * *
Table 52.1031.--EPA-Approved Rules and Regulations
State Title/ Date Date Federal 52.1020
citation subject adopted approved Register
by State by EPA citation
114...... Classification 4/27/94 8/30/95 [Insert FR (c)(40)
of Air citation
Quality from
Control published
Regions date]
Comments Revision to remove Presque Isle as nonattainment for PM-10. PART 81--[AMENDED] The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. 2. Section 81.320 is amended by revising the table for ``Maine--PM-10 Nonattainment Areas'' to read as follows:
Sec. 81.320 Maine.
Maine--PM-10 Nonattainment Areas
Designation Classification
Designated area ------------------------------------------------------
Date Type Date Type
Aroostook County:
City of Presque Aug. 30, 1995 Attainment
Isle (part) 1.
That area
bounded by
Allen Street
from its
intersection
with Main
Street east to
Dudley Street,
Dudley Street
south to Cedar
Street, Cedar
Street west to
Main Street,
Main Street
south to
Kennedy Brook,
Kennedy Brook
northwest
crossing
Presque Isle
Stream to
Coburn Street,
Coburn Street
northwest to
Mechanic
Street,
Mechanic
Street west to
Judd Street,
Judd Street
northeast to
State Street,
State Street
northwest to
School Street,
School Street
northeast to
Park Street,
Park Street
east to Main
Street
Rest of State...... 11/15/90 Unclassifiable
1 This definition of the nonattainment area redefines its borders from the
entire City of Presque Isle to this area of 0.6 square miles which circumscribe
the area of high emission densities and ambient PM10 levels. (60 FR 2885,
January 12, 1995)
[FR Doc. 95-21464 Filed 8-29-95; 8:45 am] BILLING CODE 6560-50-P |
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