Approvals and Promulgations of Air Quality Implementation Plans: Revised Format for Materials Being Incorporated by Reference for Maine
Federal Register: October 1, 2008 (Volume 73, Number 191)
Rules and Regulations
Page 56970-56980
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr01oc08-8
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52
ME-064-7013a; A-1-FRL-8719-7
Approval and Promulgation of Air Quality Implementation Plans;
Revised Format for Materials Being Incorporated by Reference for Maine
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
SUMMARY: EPA is revising the format of 40 CFR part 52 for materials submitted by the State of Maine that are incorporated by reference
(IBR) into its State Implementation Plan (SIP). The regulations affected by this format change have all been previously submitted by
Maine and approved by EPA.
Page 56971
DATES: Effective Date: This rule is effective on October 1, 2008.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding legal holidays.
An electronic copy of the Maine regulations we have approved for incorporation into the SIP are also available by accessing http:// www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA West Building,
Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460 and the
National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number
(202) 566-1742. For information on the availability of this material at
NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_ register/code_of_federal_regulations/ibr_locations.html.
FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Planning
Unit, U.S. Environmental Protection Agency, EPA New England Regional
Office, One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone number (617) 918-1668, fax number (617) 918-0668, e-mail cooke.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to aid in locating information in this preamble.
-
Change of IBR Format
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Description of a SIP
-
How EPA Enforces the SIP
-
How the State and EPA Update the SIP
-
How EPA Compiles the SIP
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How EPA Organizes the SIP Compilation
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Where You Can Find a Copy of the SIP Compilation
-
The Format of the New Identification of Plan Section
-
When a SIP Revision Becomes Federally Enforceable
-
-
The Historical Record of SIP Revision Approvals
-
What EPA is Doing in This Action
-
Good Cause Exemption
-
Statutory and Executive Order Reviews
-
General Requirements
-
Submission to Congress and the Comptroller General
-
Petitions for Judicial Review
-
-
Change of IBR Format
This format revision will affect the ``Identification of plan'' section of 40 CFR part 52, as well as the format of the SIP materials that will be available for public inspection at the National Archives and Records Administration (NARA); the Air and Radiation Docket and
Information Center located at EPA Headquarters in Washington, DC, and the EPA New England Regional Office.
-
Description of a SIP
Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards
(NAAQS) and achieve certain other Clean Air Act (Act) requirements
(e.g., visibility requirements and prevention of significant deterioration). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring network descriptions, attainment demonstrations, and enforcement mechanisms.
-
How EPA Enforces the SIP
Each SIP revision submitted by Maine must be adopted at the state level after undergoing reasonable notice and opportunity for public comment. SIPs submitted to EPA to attain or maintain the NAAQS must include enforceable emission limitations and other control measures, schedules and timetables for compliance.
EPA evaluates submitted SIPs to determine if they meet the Act's requirements. If a SIP meets the Act's requirements, EPA will approve the SIP. EPA's notice of approval is published in the Federal Register and the approval is then codified in the Code of Federal Regulations
(CFR) at 40 CFR part 52. Once EPA approves a SIP, it is enforceable by
EPA and citizens in Federal district court.
We do not reproduce in 40 CFR part 52 the full text of the Maine regulations that we have approved; instead, we incorporate them by reference (``IBR''). We approve a given state regulation with a specific effective date and then refer the public to the location(s) of the full text version of the state regulation(s) should they want to know which measures are contained in a given SIP (see ``I.F. Where You
Can Find a Copy of the SIP Compilation'').
-
How the State and EPA Update the SIP
The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations.
On May 22, 1997 (62 FR 27968), EPA announced revised procedures for incorporating by reference federally approved SIPs. The procedures announced included: (1) A new process for incorporating by reference material submitted by states into compilations and a process for updating those compilations on roughly an annual basis; (2) a revised mechanism for announcing EPA approval of revisions to an applicable SIP and updating both the compilations and the CFR; and (3) a revised format for the ``Identification of plan'' sections for each applicable subpart to reflect these revised IBR procedures.
-
How EPA Compiles the SIP
We have organized into a compilation the federally-approved regulations, source-specific requirements and nonregulatory provisions we have approved into the SIP. We maintain hard copies of the compilation in binders and we primarily update these binders on an annual basis.
-
How EPA Organizes the SIP Compilation
Each compilation contains three parts. Part one contains the state regulations, part two contains the source-specific requirements that have been approved as part of the SIP (if any), and part three contains nonregulatory provisions that we have approved. Each compilation contains a table of identifying information for each regulation, each source-specific requirement, and each nonregulatory provision. The state effective dates in the tables indicate the date of the most recent revision to a particular regulation. The table of identifying information in the compilation corresponds to the table of contents published in 40 CFR part 52 for the state. The EPA Regional Offices have the primary responsibility for ensuring accuracy and updating the compilations.
-
Where You Can Find a Copy of the SIP Compilation
EPA New England developed and will maintain a hard copy of the compilation for Maine. An electronic copy of the
Page 56972
Maine regulations we have approved are available on the following Web site: http://www.epa.gov/ne/topics/air/sips.html. A hard copy of the regulatory and source-specific portions of the compilation will also be maintained at the Air and Radiation Docket and Information Center, EPA
West Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460; and National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http:// www.archives.gov/federal_register/code_of_federal_regulations/ibr_ locations.html.
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The Format of the New Identification of Plan Section
In order to better serve the public, EPA has revised the organization of the ``Identification of plan'' section in 40 CFR part 52 and included additional information to clarify the elements of the
SIP.
The revised Identification of plan section for Maine contains five subsections: 1. Purpose and scope (see 40 CFR 52.1020(a)); 2. Incorporation by reference (see 40 CFR 52.1020(b)); 3. EPA-approved regulations (see 40 CFR 52.1020(c)); 4. EPA-approved source-specific requirements (see 40 CFR 52.1020(d)); and 5. EPA-approved nonregulatory provisions such as transportation control measures, statutory provisions, monitoring networks, etc. (see 40 CFR 52.1020(e)).
-
When a SIP Revision Becomes Federally Enforceable
All revisions to the applicable SIP are federally enforceable as of the effective date of EPA's approval of the respective revisions. In general, SIP revisions become effective 30 to 60 days after publication of EPA's SIP approval action in the Federal Register. In specific cases, a SIP revision action may become effective less than 30 days or greater than 60 days after the Federal Register publication date. In order to determine the effective date of EPA's approval for a specific
Maine SIP provision that is listed in paragraph 40 CFR 52.1020 (c),
(d), or (e), consult the volume and page of the Federal Register cited in the ``EPA approval date'' column of 40 CFR 52.1020 for that particular provision.
-
-
The Historical Record of SIP Revision Approvals
To facilitate enforcement of previously approved SIP provisions and to provide a smooth transition to the new SIP processing system, we are retaining the original Identification of plan section (see 40 CFR 52.1037). This section previously appeared at 40 CFR 52.1020. After an initial two-year period, we will review our experience with the new table format and will decide whether or not to retain the original
Identification of plan section (40 CFR 52.1037) for some further period.
-
What EPA Is Doing in This Action
Today's action constitutes a ``housekeeping'' exercise to reformat the codification of the EPA-approved Maine SIP.
-
Good Cause Exemption
EPA has determined that today's action falls under the ``good cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon a finding of ``good cause,'' authorizes agencies to dispense with public participation, and section 553(d)(3), which allows an agency to make a rule effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's action simply reformats the codification of provisions which are already in effect as a matter of law.
Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment is ``unnecessary'' and ``contrary to the public interest'' since the codification only reflects existing law.
Likewise, there is no purpose served by delaying the effective date of this action.
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Statutory and Executive Order Reviews
-
General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This rule is not subject to Executive Order 13211, ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the Administrative Procedure Act or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the
Regulatory Flexibility Act (5 U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This rule also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the
Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This rule does not involve technical standards; thus the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. The rule also does not involve special consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct, as required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996). EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1998) by examining the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). EPA's compliance with these statutes and Executive Orders for the underlying rules is discussed in previous actions taken on the State's rules.
Page 56973
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Submission to Congress and the Comptroller General
The Congressional Review Act (5 U.S.C. 801 et seq.), as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller
General of the United States. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's action simply reformats the codification of provisions which are already in effect as a matter of law, 5 U.S.C. 808(2). As stated previously, EPA has made such a good cause finding, including the reasons therefore, and established an effective date of March 1, 2007.
EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. These corrections to the
Identification of plan for Maine is not a ``major rule'' as defined by 5 U.S.C. 804(2).
-
Petitions for Judicial Review
EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. Prior EPA rulemaking actions for each individual component of the Maine SIP compilation had previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA sees no need to reopen the 60-day period for filing such petitions for judicial review for this reorganization of the ``Identification of plan'' section of 40 CFR 52.1020 for Maine.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: September 17, 2008.
Robert W. Varney,
Regional Administrator, EPA New England. 0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended as follows:
PART 52--[AMENDED] 0 1. The authority for citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine 0 2. Section 52.1020 is redesignated as Sec. 52.1037 and the section heading and paragraph (a) are revised to read as follows:
Sec. 52.1037 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan for the State of Maine'' and all revisions submitted by Maine that were federally approved prior to September 1, 2008.
* * * * * 0 3. A new Sec. 52.1020 is added to read as follows:
Sec. 52.1020 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Maine under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to
September 1, 2008, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to
EPA, and notice of any change in the material will be published in the
Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2008, will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State
Implementation Plan as of September 1, 2008.
(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional
Office, One Congress Street, Suite 1100, Boston, MA 02114-2023; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_ of_federal_regulations/ibr_locations.html.
(c) EPA approved regulations.
Page 56974
EPA-Approved Maine Regulations
State
EPA Approval Date
State citation
Title/Subject
effective
EPA approval date
Explanations date
and citation \1\
Chapter 1....................... Regulations for the
05/20/1985 03/23/1993, 58 FR
Portions of
Processing of
15422.
Chapter 1. EPA
Applications.
did not approve the following sections of
Chapter One:
Section 1(A) through 1(Q), and 1(U) through 1(EE); Section 2;
Section 4 (C) and
(D); last sentence of
Section 5(B); last sentence of
Section 6(B);
Section 6(D);
Section 7(B)(1),
(B)(2), and
(B)(4) through
(B)(11); Section 8(A), and 8(E) through 8(L);
Sections 9, 10 and 11; Section 13; and Sections 15 and 16.
Chapter 100..................... Definitions............. 12/01/2005 11/21/2007, 72 FR 65462.
Chapter 101..................... Visible Emissions....... 10/10/1979 02/17/1982, 47 FR 6829.
Chapter 102..................... Open Burning............ 03/17/2005 02/21/2008, 73 FR 9459.
Chapter 103..................... Fuel Burning Equipment
01/24/1983 02/26/1985, 50 FR
Particular Emission
7770.
Standard.
Chapter 104..................... Incinerator Particulate 01/31/1972 05/31/1972, 37 FR
Emission Standard.
10842.
Chapter 105..................... General Process Source
01/31/1972 05/31/1972, 37 FR
Particulate Emission
10842.
Standard.
Chapter 106..................... Low Sulfur Fuel
02/08/1978 01/08/1982, 47 FR
Regulations.
947.
Chapter 107..................... Sulfur Dioxide Emission 01/31/1972 05/31/1972, 37 FR
Standards for Sulfate
10842.
Pulp Mills.
Chapter 109..................... Emergency Episode
08/14/1991 01/12/1995, 60 FR
Regulation.
2885.
Chapter 110..................... Ambient Air Quality
07/24/1996 03/22/2004, 69 FR
Standards.
13227.
Chapter 111..................... Petroleum Liquid Storage 09/27/1989 02/03/1992, 57 FR
Vapor Control.
3946.
Chapter 112..................... Gasoline Bulk Terminals. 07/19/1995 10/15/1996, 61 FR 53636.
Chapter 113..................... Growth Offset Regulation 06/22/1994 02/14/1996, 61 FR 5690.
Chapter 114..................... Classification of Air
04/27/1994 08/30/1995, 60 FR
Revision to Remove
Quality Control Regions.
45056.
Presque Isle as nonattainment for
PM10.
Chapter 115..................... Emission License
06/22/1994 02/14/1996, 61 FR
Regulation.
5690.
Chapter 116..................... Prohibited Dispersion
10/25/1989 03/23/1993, 58 FR
Techniques.
15422.
Chapter 117..................... Source Surveillance..... 08/09/1988 03/21/1989, 54 FR 11524.
Chapter 118..................... Gasoline Dispensing
07/19/1995 10/15/1996, 61 FR
Facilities.
53636.
Chapter 119..................... Motor Vehicle Fuel
06/01/2000 03/06/2002, 67 FR
Controls fuel
Volatility Limit.
10099.
volatility in the state. 7.8 psi
RVP fuel required in 7 southern counties.
Chapter 120..................... Gasoline Tank Trucks.... 06/22/1994 06/29/1995, 60 FR 33730.
Chapter 123..................... Paper Coater Regulation. 09/27/1989 02/03/1992, 57 FR
The operating 3946.
permits for S.D.
Warren of
Westbrook,
Eastern Fine
Paper of Brewer, and Pioneer
Plastics of
Auburn incorporated by reference at 40
CFR Sec. 52.1020 (c)(11),
(c)(11), and
(c)(18), respectively, are withdrawn.
Chapter 126..................... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR
Procedures.
15281.
Chapter 126 Appendix A.......... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR
Appendix.
Procedures.
15281.
Page 56975
Chapter 127 and Appendix A...... New Motor Vehicle
12/31/2000 04/28/2005, 70 FR
Including Appendix
Emission Standards.
21959.
-
Low emission vehicle program, with no ZEV requirements.
Program achieves 90% of full LEV benefits. Chapter 127 Basis
Statement included in the nonregulatory material.
Chapter 129..................... Surface Coating
01/06/1993 06/17/1994, 59 FR
Facilities.
31154.
Chapter 129 Appendix A.......... Surface Coating
01/06/1993 06/17/1994, 59 FR
Appendix.
Facilities.
31154.
Chapter 130..................... Solvent Cleaners........ 06/17/2004 05/26/2005, 70 FR 30367.
Chapter 131..................... Cutback and Emulsified
01/06/1993 06/17/1994, 59 FR
Asphalt.
31154.
Chapter 132..................... Graphic Arts:
01/06/1993 06/17/1994, 59 FR
Rotogravure and
31154.
Flexography.
Chapter 132 Appendix A.......... Graphic Arts:
01/06/1993 06/17/1994, 59 FR
Appendix.
Rotogravure and
31154.
Flexography.
Chapter 133..................... Gasoline Bulk Plants.... 06/22/1994 06/29/1995, 60 FR 33730.
Chapter 134..................... Reasonably Available
02/08/1995 04/18/2000, 65 FR
Regulations fully
Control Technology for
20749.
approved for the
Facilities that Emit
following
Volatile Organic
counties: York,
Compounds.
Sagadahoc,
Cumberland,
Androscoggin,
Kennebec, Knox,
Lincoln, Hancock,
Waldo, Aroostock,
Franklin, Oxford, and Piscataquis.
Regulation granted a limited approval for
Washington,
Somerset, and
Penobscot
Counties.
Chapter 137..................... Emission Statements..... 07/06/2004 11/21/2007, 72 FR
Revised to 65462.
incorporate changes required by EPA's consolidated emissions reporting rule.
The entire rule is approved with the exception of
HAP and greenhouse gas reporting requirements which were not included in the
State's SIP revision request.
Chapter 138..................... Reasonably Available
08/03/1994 09/09/2002, 67 FR
Affects sources in
Control Technology for
57148.
York, Cumberland,
Facilities that Emit
Sagadahoc,
Nitrogen Oxides.
Androscoggin,
Kennebec,
Lincoln, and Knox counties.
Chapter 139..................... Transportation
09/19/2007 02/08/2008, 73 FR
Conformity.
7465.
Chapter 141..................... Conformity of General
04/19/2007 02/20/2008, 73 FR
Federal Actions.
9203.
Chapter 145..................... NOX Control Program..... 06/21/2001 03/10/2005, 70 FR 11879.
Chapter 148..................... Emissions from Smaller- 07/15/2004 05/26/2005, 70 FR
Scale Electric
30373.
Generating Resources.
Chapter 151..................... Architectural and
10/06/2005 03/17/2006, 71 FR
Industrial Maintenance
13767.
(AIM) Coatings.
Chapter 152..................... Control of Emissions of 08/19/2004 10/24/2005, 70 FR
Volatile Organic
61382.
Compounds from Consumer
Products.
Chapter 153..................... Mobile Equipment Repair 02/05/2004 05/26/2005, 70 FR and Refinishing.
30367.
Chapter 155..................... Portable Fuel Container 07/14/2004 02/07/2005, 70 FR
With the exception
Spillage Control.
6352.
of the word
``or'' in
Subsection 7C which Maine did not submit as part of the SIP revision.
Vehicle I/M..................... Vehicle Inspection and
07/09/1998 01/10/2001, 66 FR
``Maine Motor
Maintenance.
1871.
Vehicle
Inspection
Manual,'' revised in 1998, pages 1- 12 through 1-14, and page 2-14,
D.1.g.
Page 56976
Vehicle I/M..................... Vehicle Inspection and
07/09/1998 01/10/2001, 66 FR
Maine Motor
Maintenance.
1871.
Vehicle
Inspection and
Maintenance authorizing legislation effective July 9, 1998 and entitled
L.D. 2223, ``An
Act to Reduce Air
Pollution from
Motor Vehicles and to Meet
Requirements of the Federal Clean
Air Act.''
\1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(d) EPA-approved State Source specific requirements.
EPA-Approved Maine Source Specific Requirements
State
Name of source
Permit number
effective
EPA approval date
Explanations date
\2\
Central Maine Power, W.F.
Department Finding of 01/01/1977 01/08/1982, 47 FR
......................
Wyman Station, Cousins
Fact and Order Air
947.
Island, Yarmouth, Maine.
Emission License.
Lincoln Pulp and Paper
Air Emission License
03/09/1983 05/01/1985, 50 FR
......................
Company, Kraft Pulp Mill,
Renewal; and New
18483.
(Lincoln, Maine).
License for No. 6
Boiler.
JJ Nissen Baking Company,
Air Emission License A- 02/27/1997 04/18/2000, 65 FR
VOC RACT Determination
Cumberland County, Portland
440-74-C-A.
20749.
issued by Maine
Maine.
Department of
Environmental
Protection (ME DEP) on February 25, 1997.
Prime Tanning Company, York
Air Emission License
03/23/1997 04/18/2000, 65 FR
VOC RACT Determination
County, Berwick, Maine.
Amendment 5
20749.
issued by ME DEP on
A-376-72-E-A.
July 23, 1997.
Prime Tanning Company, York
Air Emission License
10/28/1997 04/18/2000, 65 FR
VOC RACT Determination
County, Berwick, Maine.
Amendment 6
20749.
issued by ME DEP on
A-376-72-F-M.
October 27, 1997.
Portsmouth Naval Shipyard,
Air Emission License
07/25/1997 04/18/2000, 65 FR
VOC RACT Determination
York County, Kittery, Maine.
Amendment 4
20749.
issued by ME DEP on
A-452-71-F-M.
July 25, 1997.
Dexter Shoe Company, Penobscot Air Emission License A- 12/05/1996 04/18/2000, 65 FR
VOC RACT Determination
County, Dexter, Maine.
175-72-H-A/R.
20749.
issued by ME DEP on
December 5, 1996.
Dexter Shoe Company, Penobscot Air Emission License
10/22/1997 04/18/2000, 65 FR
VOC RACT Determination
County, Dexter, Maine.
Amendment 1
20749.
issued by ME DEP on
A-175-71-I-M.
October 20, 1997.
Pioneer Plastics Corporation, Air Emission License
06/16/1997 04/18/2000, 65 FR
VOC RACT Determination
Androscoggin County, Auburn,
Amendment 3
20749.
issued by ME DEP on
Maine.
A-448-71-P-A.
June 16, 1997.
Georgia Pacific Corporation,
Air Emission License
01/05/1996 04/18/2000, 65 FR
VOC RACT Determination
Washington County, Woodland,
Minor Revision/
20749.
issued by ME DEP on
Maine.
Amendment 10
January 4, 1996.
A-215-71-T-M.
Champion International
Air Emission License
01/19/1996 04/18/2000, 65 FR
VOC RACT Determination
Corporation, Hancock County,
Amendment 5
20749.
issued by ME DEP on
Bucksport, Maine.
A-22-71-K-A.
January 18, 1996.
International Paper Company,
Air Emission License
10/04/1995 04/18/2000, 65 FR
VOC RACT Determination
Franklin County, Jay, Maine.
Amendment 8
20749.
issued by ME DEP on
A-203-71-R-A.
October 4, 1995.
International Paper Company,
Air Emission License
12/13/1995 04/18/2000, 65 FR
VOC RACT Determination
Franklin County, Jay, Maine.
Amendment 9
20749.
issued by ME DEP on
A-203-71-S-M.
December 13, 1995.
James River Corporation,
Air Emission License
12/11/1995 04/18/2000, 65 FR
VOC RACT Determination
Penobscot County, Old Town,
Minor Revision/
20749.
issued by ME DEP on
Maine.
Amendment 6
December 8, 1995.
A-180-71-R-M.
Lincoln Pulp and Paper
Air Emission License
12/19/1995 04/18/2000, 65 FR
VOC RACT Determination
Company, Penobscot County,
Amendment 8
20749.
issued by ME DEP on
Lincoln, Maine.
A-177-71-J-M.
December 18, 1995.
Page 56977
S.D. Warren Paper Company,
Air Emission License
12/19/1995 04/18/2000, 65 FR
VOC RACT Determination
Cumberland County, Westbrook, Minor Revision/
20749.
issued by ME DEP on
Maine.
Amendment 14
December 18, 1995.
A-29-71-Z-M.
S.D. Warren Paper Company,
Air Emission License
10/04/1995 04/18/2000, 65 FR
VOC RACT Determination
Somerset County, Skowhegan,
Amendment 14
20749.
issued by ME DEP on
Maine.
A-19-71-W-M.
October 4, 1995.
S.D. Warren Paper Company,
Air Emission License
01/10/1996 04/18/2000, 65 FR
VOC RACT Determination
Somerset County, Skowhegan,
Amendment 15
20749.
issued by ME DEP on
Maine.
A-19-71-Y-M.
January 9, 1996.
Boise Cascade Corporation,
Air Emission License
12/21/1995 04/18/2000, 65 FR
VOC RACT Determination
Oxford County, Rumford, Maine. Amendment 11
20749.
issued by ME DEP on
A-214-71-X-A.
December 20, 1995.
Bath Iron Works Corporation,
Departmental Finding
04/11/2001 05/20/2002, 67 FR
VOC RACT determination
Sagadahoc County, Bath, Maine. of Fact and Order Air
35439.
for Bath Iron Works.
Emission License
Amendment 10
A-333-71-M-M.
United Technologies Pratt &
Departmental Finding
04/26/2001 05/20/2002, 67 FR
VOC RACT determination
Whitney, York County, North
of Fact and Order Air
35439.
for Pratt & Whitney.
Berwick, Maine.
Emission License
Amendment 6
A-453-71-N-M.
United Technologies Pratt &
Departmental Finding
07/02/2001 05/20/2002, 67 FR
VOC RACT determination
Whitney, York County, North
of Fact and Order Air
35439.
for Pratt & Whitney.
Berwick, Maine.
Emission License
Amendment 7
A-453-71-O-M.
Moosehead Manufacturing
Departmental Finding
05/10/2001 05/20/2002, 67 FR
VOC RACT determination
Company, Piscataquis County, of Fact and Order Air
35439.
for Moosehead
Dover-Foxcroft, Maine.
Emission License
Manufacturing's Dover-
Amendment 2
Foxcroft plant.
A-338-71-F-M.
Moosehead Manufacturing
Departmental Finding
05/10/2001 05/20/2002, 67 FR
VOC RACT determination
Company, Piscataquis County, of Fact and Order Air
35439.
for Moosehead
Monson, Maine.
Emission License
Manufacturing's
Amendment 2
Monson plant.
A-339-71-F-M.
Central Maine Power Company,
Departmental Finding
05/18/1995 09/09/2002, 67 FR
Case-specific NOX
W.F. Wyman Station,
of Fact and Order Air
57148.
RACT. Air emission
Cumberland County, Yarmouth,
Emission License
license A-388-71-C-A,
Maine.
Amendment 1
Amendment 1,
A-388-71-C-A.
condition (q) for FPL
Energy's (formerly
Central Maine Power)
W.F. Wyman Station.
Central Maine Power Company,
Departmental Finding
02/16/1996 09/09/2002, 67 FR
Case-specific NOX
W.F. Wyman Station,
of Fact and Order Air
57148.
RACT. Air emission
Cumberland County, Yarmouth,
Emission License
license A-388-71-D-M,
Maine.
Amendment 1
amendment 1,
A-388-71-D-M.
conditions 19 and 23 for FPL Energy's
(formerly Central
Maine Power) W.F.
Wyman Station.
Tree Free Fiber Company, LLC, Departmental Finding
06/12/1996 09/09/2002, 67 FR
Case-specific NOX
Kennebec County, Augusta,
of Fact and Order Air
57148.
RACT. Air emission
Maine.
Emission License
license A-195-71-G-M,
Amendment 1
Amendment 1,
A-195-71-G-M.
for Tree Free Fiber
Company, LLC,
(formerly Statler
Industries Inc.).
Tree Free Fiber Company, LLC, Departmental Finding
06/16/1995 09/09/2002, 67 FR
Case-specific NOX
Kennebec County, Augusta,
of Fact and Order Air
57148.
RACT. Air emission
Maine.
Emission License
license A-195-71-D-A/
Amendment 1
R, section (II)(D),
A-195-71-D-A/R.
paragraphs (II)(F)(1) and (3), and conditions 12(A), 12(C), (13), (14) and
(15) for Tree Free
Fiber Company, LLC,
(formerly Statler
Industries Inc.).
Pioneer Plastics Corporation, Departmental Finding
08/23/1995 09/09/2002, 67 FR
Case-specific NOX
Androscoggin County, Auburn, of Fact and Order Air
57148.
RACT. Air emission
Maine.
Emission License A-
license A-448-72-K-A/ 448-72-K-A/R.
R, paragraphs
(II)(D)(2),
(II)(D)(3) and conditions (13)(f) and 14(k) for Pioneer
Plastics Corporation.
Pioneer Plastics Corporation, Departmental Finding
03/10/1997 09/09/2002, 67 FR
Case-specific NOX
Androscoggin County, Auburn, of Fact and Order Air
57148.
RACT. Air emission
Maine.
Emission License
license A-448-71-O-M,
Amendment 2
Amendment 2,
A-448-71-O-M.
condition (14)(k), for Pioneer Plastics
Corporation.
Page 56978
Scott Paper Company, Kennebec Departmental Finding
11/15/1995 09/09/2002, 67 FR
Case-specific NOX
County, Winslow, Maine.
of Fact and Order Air
57148.
RACT. Air emission
Emission License
license A-188-72-E-A,
Amendment 2
Amendment 2,
A-188-72-E-A.
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper
Company.
The Chinet Company, Kennebec
Departmental Finding
01/18/1996 09/09/2002, 67 FR
Case-specific NOX
County, Waterville, Maine.
of Fact and Order Air
57148.
RACT. Air emission
Emission License A-
license A-416-72-B-A, 416-72-B-A.
conditions (l) 1, 2, 3a, 3b, 3c, 3e, and
(m) for The Chinet
Company.
FMC Corporation-Food
Departmental Finding
02/07/1996 09/09/2002, 67 FR
Case-specific NOX
Ingredients Division, Knox
of Fact and Order Air
57148.
RACT. Air emission
County, Rockland, Maine.
Emission License
license A-366-72-H-A,
Amendment 5
Amendment 5,
A-366-72-H-A.
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC
Corporation-Food
Ingredients Division.
Dragon Products Company, Inc., Departmental Finding
06/05/1996 09/09/2002, 67 FR
Case-specific NOX
Knox County, Thomaston, Maine. of Fact and Order Air
57148.
RACT.
Emission License
Amendment 5
A-326-72-N-A.
Dragon Products Company, Inc., Departmental Finding
03/05/1997 09/09/2002, 67 FR
Case-specific NOX
Knox County, Thomaston, Maine. of Fact and Order Air
57148.
RACT.
Emission License
Amendment 7
A-326-71-P-M.
S.D. Warren Paper Company,
Departmental Finding
06/12/1996 09/09/2002, 67 FR
Case-specific NOX
Cumberland County, Westbrook, of Fact and Order Air
57148.
RACT. Air emission
Maine.
Emission License
license A-29-71-Y-A,
Amendment 13
Amendment 13, conditions
(k)2, (k)3, (q)8 and
(p) for S.D. Warren
Company.
Mid-Maine Waste Action
Departmental Finding
10/16/1996 09/09/2002, 67 FR
Case-specific NOX
Corporation, Androscoggin
of Fact and Order Air
57148.
RACT.
County, Auburn, Maine.
Emission License
Amendment 2
A-378-72-E-A.
Portsmouth Naval Shipyard,
Departmental Finding
10/21/1996 09/09/2002, 67 FR
Case-specific NOX
York County, Kittery, Maine. of Fact and Order Air
57148.
RACT. Air emission
Emission License
license A-452-71-D-A,
Amendment 2
Amendment 2,
A-452-71-D-A.
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20 for
Portsmouth Naval
Shipyard.
Portsmouth Naval Shipyard,
Departmental Finding
07/25/1997 09/09/2002, 67 FR
Case-specific NOX
York County, Kittery, Maine. of Fact and Order Air
57148.
RACT. Air emission
Emission License
license A-452-71-F-M,
Amendment 4
Amendment 4,
A-452-71-F-M.
condition 4 for
Portsmouth Naval
Shipyard.
Maine Energy Recovery Company, Departmental Finding
11/12/1996 09/09/2002, 67 FR
Case-specific NOX
York County, Biddeford, Maine. of Fact and Order Air
57148.
RACT.
Emission License
Amendment 4
A-46-71-L-A.
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(e) Nonregulatory.
State
Applicable
submittal
Name of non regulatory SIP
geographic or
date/
EPA approved date
Explanations provision
nonattainment area effective
\3\ date
Impact of Projected Growth for
Maine's Standard
06/26/1974 04/29/1975, 40 FR
.......................
Next 10 Years on Air Quality
Metropolitan
18726. for Maine Standard Metropolitan Statistical Areas.
Statistical Areas.
Incinerator Emission Standard-- Maine.............. 05/21/1975 04/10/1978, 43 FR
Revision to incinerator
Regulation Implementation Plan
14964.
particulate emission
Change, Findings of Fact and
standard which would
Order.
exempt wood waste cone burners from the plan until 1980.
Page 56979
Incinerator Emission Standard-- Maine.............. 09/24/1975 04/10/1978, 43 FR
Revision to incinerator
Regulation and Implementation
14964.
particulate emission
Plan Change, Findings of Fact
standard which would and Order.
exempt municipal waste cone burners from the plan until 1980.
Air Quality Surveillance........ Maine.............. 03/10/1978 03/23/1979, 44 FR
Revision to Chapter 5 17674.
of the SIP.
New Sources and Modifications... Maine.............. 03/10/1978 03/23/1979, 44 FR
Revision to Chapter 6 17674.
of the SIP.
Review of New Sources and
Maine.............. 12/19/1979 01/30/1980, 45 FR
Revision to Chapter 6
Modifications.
6784.
of the SIP.
Revisions to State Air
Maine.............. 03/28/1979 02/19/1980, 45 FR
Includes Control
Implementation Plan as Required
10766.
Strategies for by the Federal Clean Air Act.
Particulates, Carbon
Monoxide, and ozone.
Plan for Public Involvement in
Maine.............. 05/28/1980 09/09/1980, 45 FR
A plan to provide for
Federally Funded Air Pollution
59314.
public involvement in
Control Activities.
federally funded air pollution control activities.
Air Quality Surveillance........ Maine.............. 07/01/1980 01/22/1981, 46 FR
Revision to Chapter 5 6941.
of the SIP.
Attain and Maintain the NAAQS
Maine.............. 11/05/1980 08/27/1981, 46 FR
Control Strategy for for Lead.
43151.
Lead. Revision to
Chapter 2.5.
Establishment of Air Quality
Metropolitan
10/30/1975 01/08/1982, 47 FR
Department Findings of
Control Sub-Region.
Portland Air
947.
Fact and Order--Sulfur
Quality Control
Dioxide Control
Region.
Strategy.
Sulfur Dioxide Control Strategy-- Portland-Peninsula 10/30/1975 01/08/1982, 47 FR
Department Findings of
Low Sulfur Fuel Regulation.
Air Quality
947.
Fact and Order--
Control Region.
Implementation Plan
Revision.
Letter from the Maine DEP
Maine.............. 06/03/1991 02/03/1992, 57 FR documenting the December 1990
3046.. survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut- off in Chapter 112.
Withdrawal of Air Emission
Maine.............. 10/03/1990 02/03/1992, 57 FR
Department of
Licenses for: Pioneer Plastics;
3046.
Environmental
Eastern Fine Paper; and S.D.
Protection Letter
Warren, Westbrook.
dated December 5, 1989, withdrawing three source-specific licenses as of October 3, 1990.
Portions of Chapter 1 entitled
Maine.............. 02/08/1984 03/23/1993, 58 FR
``Regulations for the
15422..
Processing of Applications''.
Review of New Sources and
Maine.............. 11/06/1989 03/23/1993, 58 FR
Revision to Chapter 6
Modifications.
15422.
of the SIP.
Letter from the Maine DEP
Maine.............. 05/01/1989 03/23/1993, 58 FR regarding implementation of
15422..
BACT.
Review of New Sources and
Maine.............. 11/02/1990 03/18/1994, 59 FR
Revision to Chapter 6
Modifications.
12853.
of the SIP.
Joint Memorandum of
City of Presque
03/11/1991 01/12/1995, 60 FR
Part B of the MOU which
Understanding (MOU) Among: City Isle, Maine.
2885.
the Maine Department of Presque Isle; ME DOT and ME
of Environmental
DEP.
Protection (ME DEP) entered into with the
City of Presque Isle, and the Maine
Department of
Transportation (ME
DOT).
Maine State Implementation Plan City of Presque
08/14/1991 01/12/1995, 60 FR
An attainment plan and to Attain the NAAQS for
Isle, Maine.
2885.
demonstration which
Particulate Matter (PM10)
outlines Maine's
Presque Isle Maine.
control strategy for attainment of the PM10
NAAQS and implement
RACM and RACT requirements for
Presque Isle.
Memorandum of Understanding
City of Presque
05/25/1994 08/30/1995, 60 FR
Revisions to Part B of among: City of Presque Isle; ME Isle, Maine.
45056.
the MOU which the ME
DOT and ME DEP.
DEP entered into (and effective) on May 25, 1994, with the City of
Presque Isle, and the
ME DOT.
Maintenance Demonstration and
City of Presque
04/27/1994 08/30/1995, 60 FR
A maintenance
Contingency Plan for Presque
Isle, Maine.
45056.
demonstration and
Isle.
contingency plan which outline Main's control strategy maintenance of the PM10 NAAQS and contingency measures and provision for
Presque Isle.
Letter from the Maine DEP dated Maine.............. 07/07/1994 09/12/1995, 60 FR
Letter from the Maine
July 7, 1994, submitting Small
47285.
Department of
Business Technical Assistance
Environmental
Program.
Protection submitting a revision to the
Maine SIP.
Revisions to the SIP for the
Maine Statewide.... 05/12/1994 09/12/1995, 60 FR
Revisions to the SIP
Small Business Stationary
47285.
for the Small Business
Source Technical and
Stationary Source
Environmental Compliance
Technical and
Assistance Program.
Environmental
Compliance Assistance
Program Dated July 12, 1994 and effective on
May 11, 1994.
Page 56980
Corrected page number 124 of the Maine.............. 08/16/1994 09/12/1995, 60 FR
Letter from ME DEP
Small Business Stationary
47285.
dated August 16, 1994
Source Technical and
submitting a corrected
Environmental Compliance
page to the July 12,
Assistance Program SIP.
1994 SIP revision.
Negative Declaration for
Maine Statewide.... 11/15/1994 04/18/2000, 65 FR
Letter from ME DEP
Synthetic Organic Chemical
20749.
dated November 15,
Manufacturing Industry
1994 stating a
Distillation and Reactors
negative declaration
Control Technique Guideline
for the Synthetic
Categories.
Organic Chemical
Manufacturing Industry
Distillation and
Reactors Control
Technique Guideline
Categories.
Letter from the Maine Department Greater Portland
11/19/1998 01/10/2001, 66 FR
Letter from the Maine of Environmental Protection
Metropolitan
1875.
Department of regarding Control of Motor
Statistical Area.
Environmental
Vehicle Pollution (Inspection
Protection dated and Maintenance Program).
November 19, 1998 submitting a revision to the Maine SIP.
State of Maine Implementation
Greater Portland
11/11/1998 01/10/2001, 66 FR
Maine Motor Vehicle
Plan for Inspection/Maintenance Metropolitan
1875.
Inspection and dated November 11, 1998.
Statistical Area.
Maintenance Program.
Letter from the Maine DEP
Southern Maine..... 05/29/2001 03/06/2002, 67 FR
Letter from the Maine submitting additional technical
10099.
Department of support and an enforcement plan
Environmental for Chapter 119 as an amendment
Protection dated May to the SIP.
29, 2001 submitting additional technical support and an enforcement plan for
Chapter 119 as an amendment to the State
Implementation Plan.
Application for a Waiver of
Southern Maine..... 05/25/2001 03/06/2002, 67 FR
Additional technical
Federally-Preempted Gasoline
10099.
support.
Standards.
Letter from the Maine DEP dated Maine.............. 07/01/1997 09/09/2002, 67 FR
Letter from the Maine
July 1, 1997, submitting case-
57148.
Department of specific NOX RACT
Environmental determinations.
Protection submitting a revision to the
Maine SIP.
Letter from the Maine DEP dated Maine.............. 10/09/1997 09/09/2002, 67 FR
Letter from the Maine
October 9, 1997, submitting
57148.
Department of case-specific NOX RACT
Environmental determinations.
Protection submitting a revision to the
Maine SIP.
Letter from the Maine DEP dated Maine.............. 08/14/1998 09/09/2002, 67 FR
Letter from the Maine
August 14, 1998, submitting
57148.
Department of case-specific NOX RACT
Environmental determinations.
Protection submitting a revision to the
Maine SIP.
Chapter 127 Basis Statement..... Maine.............. 12/31/2000 04/28/2005, 70 FR 21959..
Correspondence from Maine DEP
Maine.............. 06/06/2006 11/21/2007, 72 FR
Correspondence from indicating which portions of
65462.
David W. Wright of the
Chapter 137 should not be
Maine DEP indicating incorporated into the State's
which portions of
SIP.
Chapter 137 Emission
Statements should not be incorporated into the State's SIP.
State of Maine MAPA 1 form for
Maine nonattainment 09/10/2007 02/08/2008, 73 FR
Certification that the
Chapter 139 Transportation
areas, and
7465.
Attorney General
Conformity.
attainment areas
approved the Rule as with a maintenance
to form and legality. plan.
Amendment to Chapter 141
Maine nonattainment 04/19/2007 02/20/2008, 73 FR
Maine Department of
Conformity of General Federal
areas, and
9203.
Environmental
Actions.
attainment areas
Protection amended its with a maintenance
incorporation-by- plan.
reference within
Chapter 141.2 to reflect EPA's revision to the Federal General
Conformity Rule for fine particulate matter promulgated on
July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853
Applicability.
State of Maine MAPA 1 form for
Maine.............. 01/03/2003 02/21/2008, 73 FR
Certification that the
Chapter 102 Open Burning
9459.
Attorney General
Regulation.
approved the Rule as to form and legality.
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
FR Doc. E8-22958 Filed 9-30-08; 8:45 am
BILLING CODE 6560-50-P
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