[Federal Register Volume 60, Number 247 (Tuesday, December 26, 1995)]
[Proposed Rules]
[Page 66778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31035]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME26-1-7263b; FRL-5345-8]
Approval and Promulgation of Implementation Plans; Maine;
NOX Exemption Request for Northern Maine and NOX Control
Approval
AGENCY: United States Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is approving, through direct final rulemaking
procedures, a limited exemption request from the requirements contained
in Section 182(f) of the Clean Air Act (Act) for the Northern Maine
area (specifically, Oxford, Franklin, Somerset, Piscataquis, Penobscot,
Washington, Aroostook, Hancock and Waldo Counties). These 9 counties,
as with the rest of the State of Maine, are part of the Ozone Transport
Region (OTR) as provided for in section 184(a) of the Clean Air Act.
Section 182(f) in combination with section 184 (relating to ozone
transport regions) of the Act requires States in the OTR, such as
Maine, to adopt reasonably available control technology (RACT) rules
for major stationary sources of nitrogen oxides (NOX) and to
provide for nonattainment area new source review (NSR) for new sources
and modifications that are major for NOX. This exemption request,
submitted by the State of Maine on September 7, 1995, is based on a
demonstration that NOX emissions in this 9 county area are not
impacting Maine's moderate nonattainment areas or other nonattainment
areas in the Ozone Transport Region (OTR) during times when elevated
ozone levels are monitored in those areas. As such, additional
reductions in NOX emissions from these 9 counties beyond what the
State regulations would provide for are not necessary for attainment in
these areas, and, because they do not contribute to the ozone problem
anywhere in the OTR, are also not necessary for purposes of showing
future attainment for any other area in the OTR. Thus, as provided for
in section 182(f)(2), additional NOX reductions in these areas
would constitute excess reductions that can be waived under the Clean
Air Act. Maine has requested that EPA combine its approval of this
NOX exemption with its approval of NOX controls for existing
sources in Northern Maine that were submitted to EPA on August 5, 1994
for purposes of meeting the Act's NOX RACT requirements.
Consequently, this action approves a full exemption from nonattainment
NSR requirements for NOX, but only a limited exemption from
NOX control measures for existing sources that would go beyond
what the State regulations provide for.
In the Final Rules Section of this Federal Register, EPA is
approving this exemption request and limited NOX controls for this
area as a direct final rule without prior proposal. A detailed
rationale for the approval is set forth in the direct final rule. This
direct final rule also includes EPA's response to several comments
submitted by groups on past NOX exemption requests. If no
additional adverse comments are received in response to the direct
final rule, no further activity is contemplated in relation to this
proposed rule. If EPA receives adverse comments, the direct final rule
will be withdrawn and all public comments received will be addressed in
a subsequent final rule based on this proposed rule. 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.
DATES: Comments on this action must be received by January 25, 1996.
ADDRESSES: Comments may be mailed to Susan Studlien, Deputy Director,
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, JFK Federal Bldg., Boston, MA 02203. Copies of the State
submittal and EPA's technical support document are available for public
inspection during normal business hours, by appointment at the Office
of Ecosystem Protection, U.S. Environmental Protection Agency, Region
I, One Congress Street, 10th floor, Boston, MA and the Bureau of Air
Quality Control, Department of Environmental Protection, 71 Hospital
Street, Augusta, ME 04333.
FOR FURTHER INFORMATION CONTACT: Robert C. Judge, Environmental
Engineer, Air Quality Planning (ATS), United States Environmental
Protection Agency, Region 1, JFK Federal Building, Boston, MA 02203.
(617) 565-4874.
SUPPLEMENTARY INFORMATION: For additional information see the direct
final rule published in the Rules Section of this Federal Register.
Authority: 42 U.S.C. 4201-7601q
Dated: December 1, 1995.
Carol M. Browner,
Administrator.
[FR Doc. 95-31035 Filed 12-22-95; 8:45 am]
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