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ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
CFR Citation: 40 CFR Parts 52 and 81
EPA ID: [EPA-R01-OAR-2006-0226; FRL-8231-7]
NOTICE: PROPOSED RULES
ACTION: Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:
DOCUMENT ACTION: Proposed rule.
SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Maine; Redesignation of the Portland, ME and the Hancock, Knox, Lincoln and Waldo Counties, Maine 8-Hour Ozone Nonattainment Areas to Attainment for Ozone
DATES: Written comments must be received on or before November 16, 2006.
DOCUMENT SUMMARY: EPA is proposing to approve: A request to redesignate two 8- hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment areas to attainment for the 8hour ozone NAAQS; and a State Implementation Plan (SIP) revision containing a separate 10year maintenance plan for each area. The two areas are the Portland, Maine 8hour ozone nonattainment area and the Hancock, Knox, Lincoln and Waldo Counties (Midcoast), Maine 8hour ozone nonattainment area. EPA is also providing information on the status of its transportation conformity adequacy determination for the new motor vehicle emissions budgets (MVEBs) for the year 2016 that are contained in the 10year 8 hour ozone maintenance plans for each area. EPA is proposing to approve MVEBs for both areas.
SUMMARY: Maine,
SUPPLEMENTAL INFORMATION
Table of ContentsI. What is EPA Proposing?
II. What is the Background for These Proposed Actions?
III. What are the Criteria for Redesignation to Attainment? IV. Why is EPA Taking These Actions?
V. What Would Be the Effect of These Actions?
VI. What is EPA's Analysis of the Portland Redesignation Request? VII. How are MVEBs Developed and What is an Adequacy Determination? VIII. What is the Status of EPA's Adequacy Determination for the Portland Area's MVEBs for the Year 2016?
IX. What is EPA's Analysis of the Midcoast Redesignation Request? X. What is the Status of EPA's Adequacy Determination for the Midcoast Area's MVEBs for the Year 2016?
XI. Proposed Actions on Maine's Redesignation Requests, 175 Maintenance Plans, and Associated MVEBs.
XII. Statutory and Executive Order Reviews.
I. What Is EPA Proposing?
EPA is proposing to take several related actions. EPA is proposing to determine that both the Portland and the Midcoast, Maine 8hour ozone nonattainment areas have attained the 8hour ozone standard. EPA is also proposing to approve a request to change the legal designation of the two areas from nonattainment to attainment for the 8hour ozone National Ambient Air Quality Standards (NAAQS). In addition, EPA is proposing to approve a 10year maintenance plan for each area and motor vehicle emissions budgets (MVEBs) for each area.
The Portland nonattainment area is located in southern Maine. The Portland nonattainment area consists of 57 coastal towns and cities located in York County (partial), Cumberland County (partial), Sagadahoc County (full) along with Durham, Maine, a town in Androscoggin County. The Portland area is designated as ``marginal'' nonattainment for the 8hour ozone standard. (See 40 CFR 81.320) The Midcoast area is located north of the Portland area and consists of 55 coastal towns and islands in Hancock, Knox, Lincoln, and Waldo Counties (all are partial Counties), and is designated as ``subpart 1, basic'' for the 8hour ozone standard. (See 40 CFR 81.320)
II. What Is the Background for These Proposed Actions?
The CAA required EPA to designate as nonattainment any area that was violating the 8hour ozone NAAQS based on the three most recent years (20012003) of air quality data. The Federal Register notice making these designations was signed on April 15, 2004, and published on April 30, 2004, (69 FR 23857). The CAA contains two sets of provisionssubpart 1 and subpart 2 that address planning and control requirements for nonattainment areas. (Both are found in Title I, Part D of the CAA.) Subpart 1 (which EPA refers to as ``basic'' nonattainment) contains general, less prescriptive, requirements for nonattainment areas for any pollutantincluding ozonegoverned by a NAAQS. Subpart 2 (which EPA refers to as ``classified'' nonattainment) provides more specific requirements for ozone nonattainment areas. Some areas are subject only to the provisions of subpart 1. Other areas are also subject to the provisions of subpart 2. Under EPA's 8hour ozone implementation rule, signed on April 15, 2004, an area was classified under subpart 2 based on its 8hour ozone design value (i.e., the 3 year average annual fourthhighest daily maximum 8hour average ozone concentration), if it had a 1hour design value at or above 0.121 ppm (the lowest 1hour design value in Table 1 of subpart 2). All other areas are covered under subpart 1, based upon their 8hour design values. The Portland and Midcoast areas were designated as 8hour ozone nonattainment areas by EPA on April 30, 2004, (69 FR 23857). The 2004 classification for the Portland 8hour ozone nonattainment area is based on air quality monitoring data from 20012003. The Portland area is classified as marginal. The 2004 classification for the Midcoast 8 hour ozone nonattainment area is also based on air quality monitoring data from 20012003. The Midcoast area is classified as subpart 1, basic.
Control requirements are linked to each classification. Areas with more serious ozone pollution are subject to more prescribed requirements. The requirements are designed to bring areas into attainment by their specified attainment dates. The control requirements and dates by which attainment needs to be achieved vary with the area's classification. For example, marginal areas are subject to the fewest mandated control requirements and have the earliest attainment date. Under EPA regulations at 40 CFR part 50, the 8hour ozone standard is attained when the 3year average of the annual fourthhighest daily maximum 8hour average ozone concentrations is less than or equal to 0.08 ppm (i.e., 0.084 ppm). (See 69 FR 23857 (April 30, 2004) for further information.) The data completeness requirement is met when the average percent of days with valid ambient monitoring data is greater than 90%, and no single year has less than 75% data completeness as determined in Appendix I of 40 CFR part 50.
On August 3, 2006, Maine requested redesignation to attainment for
the 8hour ozone standard for the both areas. The redesignation request
includes three years of complete, qualityassured data for the period
of 2003 through 2005, indicating the 8hour NAAQS for ozone had been
achieved for the both areas. The data satisfies the CAA requirements
when the 3year average of the annual fourthhighest daily maximum 8
hour average ozone concentration is less than or equal to 0.08 ppm.
Under the CAA, nonattainment areas may be redesignated to attainment if
sufficient complete, qualityassured data is available for the
Administrator to determine that the area has attained the standard and
the area meets the other CAA redesignation requirements in section 107(d)(3)(E).
[[Page 60939]]
III. What Are the Criteria for Redesignation to Attainment?
The CAA provides the requirements for redesignating a nonattainment
area to attainment. Specifically, section 107(d)(3)(E) allows for redesignation providing that:
(1) EPA determines that the area has attained the applicable NAAQS;
(2) EPA has fully approved the applicable implementation plan for the area under section 110(k);
(3) EPA determines that the improvement in air quality is due to
permanent and enforceable reductions in emissions resulting from
implementation of the applicable SIP and applicable Federal air
pollutant control regulations and other permanent and enforceable reductions;
(4) EPA has fully approved a maintenance plan for the area as meeting the requirements of section 175A; and,
(5) The state containing such area has met all requirements applicable to the area under section 110 and part D.
EPA provided guidance on redesignation in the General Preamble for
the Implementation of Title I of the CAA Amendments of 1990, on April
16, 1992 (57 FR 13498), and supplemented this guidance on April 28,
1992 (57 FR 18070). EPA has provided further guidance on processing redesignation requests in the following documents:
``Ozone and Carbon Monoxide Design Value Calculations,'' Memorandum from Bill Laxton, June 18, 1990;
``Maintenance Plans for Redesignation of Ozone and Carbon Monoxide
Nonattainment Areas,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G. T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, June 1, 1992;
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992;
``State Implementation Plan (SIP) Actions Submitted in Response to
Clean Air Act (ACT) Deadlines,'' Memorandum from John Calcagni,
Director, Air Quality Management Division, October 28, 1992;
``Technical Support Documents (TSD's) for Redesignation Ozone and
Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum from G. T.
Helms, Chief, Ozone/Carbon Monoxide Programs Branch, August 17, 1993;
``State Implementation Plan (SIP) Requirements for Areas Submitting
Requests for Redesignation to Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or
After November 15, 1992,'' Memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation, September 17, 1993;
Memorandum from D. Kent Berry, Acting Director, Air Quality
Management Division, to Air Division Directors, Regions 110, ``Use of
Actual Emissions in Maintenance Demonstrations for Ozone and CO Nonattainment Areas,'' dated November 30, 1993;
``Part D New Source Review (part D NSR) Requirements for Areas
Requesting Redesignation to Attainment,'' Memorandum from Mary D.
Nichols, Assistant Administrator for Air and Radiation, October 14, 1994; and
``Reasonable Further Progress, Attainment Demonstration, and Related
Requirements for Ozone Nonattainment Areas Meeting the Ozone National
Ambient Air Quality Standard,'' Memorandum from John S. Seitz,
Director, Office of Air Quality Planning and Standards, May 10, 1995. IV. Why Is EPA Taking These Actions?
On August 3, 2006,\1\ the state requested redesignation of the both
the Portland, Maine and the Midcoast, Maine 8hour ozone nonattainment
areas to attainment for the 8hour ozone standard. EPA believes that
both areas have attained the standard and have met the requirements for
redesignation set forth in section 107(d)(3)(E). EPA is proposing to
approve the maintenance plans to fulfill the requirements of section
175(A). EPA is also proposing to approve the MVEB's for these two
areas. EPA has previously determined that the 2016 budgets are adequate.
\1\ The ME DEP submitted the redesignation request on August 3,
2006. The submittal showed evidence of a public hearing, but did not
include the public hearing transcript, which was not available at
that time. The ME DEP submitted the public transcript on August 30,
2006. The transcript is available in the docket for this action. V. What Would Be the Effect of These Actions?
Approval of the redesignation request would change the official
designation of both the Portland and the Midcoast, Maine 8hour ozone
nonattainment areas for the 8hour ozone NAAQS found at 40 CFR 81.320.
It would also incorporate into the Maine SIP plans for maintaining the
8hour ozone NAAQS through 2016, for both areas. The maintenance plans
include contingency measures to remedy future violations of the 8hour
NAAQS. In addition MVEBs are established for the year 2016. The MVEBs
will be used to assure that plans for the area's transportation system
which effect vehicle miles traveled, do not cause motor vehicle
emissions in excess of levels consistent with maintaining attainment of the NAAQS.
VI. What Is EPA's Analysis of the Portland Redesignation Request?
EPA is proposing to determine that the Portland nonattainment area has attained the 8hour ozone standard and that all other redesignation criteria have been met. The basis for EPA's proposed determination is as outlined below.
A. The Portland Area Has Attained the 8Hour Ozone NAAQS
EPA is proposing to determine that the Portland area has attained the 8hour ozone NAAQS. For ozone, an area is attaining the 8hour ozone NAAQS if there are no violations, as determined in accordance with 40 CFR 50.10 and Appendix I, based on three complete, consecutive calendar years of qualityassured air quality monitoring data. To attain this standard, the 3year average of the fourthhighest daily maximum 8hour average ozone concentrations measured at each monitor within an area over each year must not exceed 0.08 ppm. This 3year average is known as the design value. Based on the rounding convention described in 40 CFR part 50, Appendix I, the standard is attained if the design value is 0.084 ppm or below. The data must be collected and qualityassured in accordance with 40 CFR part 58, and recorded in EPA's Air Quality Data System (AQS). The monitors generally should have remained at the same location for the duration of the monitoring period required for demonstrating attainment.
Maine submitted ozone monitoring data for the April through
September ozone season from 2003 to 2005. This data has been quality
assured and is recorded in AQS. The data are summarized in Table 1: [[Page 60940]]
Table 1.8hour Ozone (Parts Per Million, ppm) for the Portland Area
4th High 8hr ozone average 3Year average
Monitor County (design
2003 2004 2005 value)
Kittery....................... York............ 0.080 0.080 0.072 0.077
Kennebunkport................. York............ 0.076 0.076 0.072 0.074
West Buxton................... York............ 0.069 0.075 0.076 0.073
Cape Elizabeth................ Cumberland...... 0.073 0.068 0.073 0.072
Reid State Park............... Sagadahoc....... 0.074 0.069 0.068 0.070
Area Design Value............. ................ .............. .............. .............. 0.077
The design value for an area is the highest design value recorded at any monitor in the area. Therefore, as shown in Table 1, the design value for the Portland area is 0.077 ppm, which meets the standard as described above. Preliminary ozone data for the summer of 2006 still show the area as being in attainment.
In addition, as discussed below with respect to the maintenance
plan, Maine has committed to continue monitoring in these areas in
accordance with 40 CFR Part 58. In summary, EPA believes that the data
submitted by Maine provides an adequate demonstration that the Portland area has attained the 8hour ozone NAAQS.
B. The Portland Area Has Met All Applicable Requirements for Purposes
of Redesignation Under Section 110 and Part D of the CAA and the Area
Has a Fully Approved SIP Under Section 110(k) for Purposes of Redesignation
EPA has determined that Maine has met all applicable SIP requirements for the Portland area for purposes of redesignation under section 110 of the CAA (general SIP requirements). EPA has also determined that the Maine SIP meets applicable SIP requirements for purposes of redesignation under Part D of Title I of the CAA (requirements specific to marginal nonattainment areas, see section 107(d)(3)(E)(v)). In addition, EPA has determined that the Maine SIP is fully approved with respect to all applicable requirements for purposes of redesignation (see section 107(d)(3)(E)(ii)). In making these determinations, EPA ascertained what requirements are applicable to the area and that they are fully approved under section 110(k). SIPs must be fully approved only with respect to applicable requirements.
The September 4, 1992 Calcagni memorandum (see ``Procedures for Processing Requests to Redesignate Areas to Attainment,'' Memorandum from John Calcagni, Director, Air Quality Management Division, September 4, 1992) describes EPA's interpretation of section 107(d)(3)(E). Under this interpretation, to qualify for redesignation, states requesting redesignation to attainment must meet the relevant CAA requirements that come due prior to the submittal of a complete redesignation request. See also Michael Shapiro memorandum, September 17, 1993 and 60 FR 12459, 1246566 (March 7, 1995) (redesignation of DetroitAnn Arbor, MI). Applicable requirements of the CAA that come due subsequent to the area's submittal of a complete redesignation request remain applicable until a redesignation is approved, but are not required as a prerequisite to redesignation. Section 175A (c) of the CAA. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424 (May 12, 2003).
1. Section 110 General SIP Requirements
Section 110(a)(2) of Title I of the CAA delineates the general requirements for a SIP, which include enforceable emission limitations and other control measures, means, or techniques, provisions for the establishment and operation of appropriate devices necessary to collect data on ambient air quality, and programs to enforce the limitations. General SIP elements and requirements are delineated in section 110(a)(2) of Title I, part A of the CAA. These requirements include, but are not limited to, the following: Submittal of a SIP that has been adopted by the state after reasonable public notice and hearing; provisions for establishment and operation of appropriate procedures needed to monitor ambient air quality; implementation of a source permit program; provisions for the implementation of part C requirement (Prevention of Significant Deterioration (PSD) and provisions for the implementation of part D requirements (New Source Review (NSR) permit programs); provisions for air pollution modeling; and provisions for public and local agency participation in planning and emission control rule development.
Section 110(a)(2)(D) requires that SIPs contain certain measures to
prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
air pollutants in accordance with the NO
[[Page 60941]]
FR 37890, June 19, 2000), and in the Pittsburgh redesignation (66 FR 50399, October 19, 2001).
EPA believes that section 110 elements not linked to the area's
nonattainment status are not applicable for purposes of redesignation.
Any section 110 requirements that are linked to the Part D requirements
for 8hour ozone nonattainment areas are not yet due, since, as
explained below, no Part D requirements applicable for purposes of
redesignation under the 8hour standard became due prior to submission
of the redesignation request, except for the submission of the 2002
base year inventory, which Maine has submitted and EPA has approved (71
FR 14815; March 24, 2006). Therefore EPA believes that the State has
satisfied the criterion of section 107(d)(3)(E) regarding section 110 of the Act.
2. Part D Nonattainment Area Requirements under the 8Hour Standard
The Portland area was designated a marginal nonattainment area for the 8hour ozone standard. Sections 172176 of the CAA, found in subpart 1 of part D, set forth the basic nonattainment requirements for all nonattainment areas. Section 182 of the CAA, found in subpart 2 of Part D, establishes additional specific requirements depending on the area's nonattainment classification. For a marginal nonattainment area for the 8hour standard, such as the Portland area, section 182(a) sets forth requirements. Section 184 also sets forth additional requirements for this area, due to its location within the Ozone Transport Region (OTR).
With respect to the 8hour standard, EPA has to determined that the Maine SIP meets all applicable SIP requirements under Part D of the CAA, because no 8hour ozone standard Part D requirements applicable for purposes of redesignation became due prior to submission of the area's redesignation request, except for the submission of the 2002 base year inventory, which Maine has submitted and EPA has approved (71 FR 14815; March 24, 2006). Under part D, an area's classification (marginal, moderate, serious, severe, and extreme) indicates the requirements to which it will be subject. Subpart 1 of part D, found in sections 172176 of the CAA, sets forth the basic nonattainment requirements applicable to all nonattainment areas. Subpart 2 of part D, found in section 182 of the CAA, establishes additional specific requirements depending on the area's nonattainment classification.
For purposes of evaluating this redesignation request, the applicable part D, subpart 1 requirements for all nonattainment areas are contained in section 172(c)(1)(9). A thorough discussion of the requirements contained in section 172 can be found in the General Preamble for Implementation of Title I (57 FR 13498). (See also 68 FR 48523 in St. Louis NPR for discussion of section 172 requirements.) In addition to the fact that certain Part D requirements applicable for purposes of redesignation did not become due prior to submission of the redesignation request, EPA believes it is reasonable to interpret the conformity, new source review requirements, and OTR requirements as not requiring approval prior to redesignation.
Section 176(c) of the CAA requires states to establish criteria and procedures to ensure the federally supported or funded projects conform to the air quality planning goals in the applicable SIP. The requirement to determine conformity applies to transportation plans, programs and projects developed, funded or approved under Title 23 U.S.C. and the Federal Transit Act (``transportation conformity'') as well as to all other Federally supported or funded projects (``general conformity''). State conformity revisions must be consistent with Federal conformity regulations relating to consultation, enforcement, and enforceability that the CAA required the EPA to promulgate.
EPA believes it is reasonable to interpret the conformity SIP requirements as not applying for purposes of evaluating the redesignation request under section 107(d) because state conformity rules are still required after redesignation and Federal conformity rules apply where state rules have not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), upholding this interpretation. See also 60 FR 62748 (December 7, 1995) (Tampa, FL).
Maine has a fully approved NSR program (61 FR 5690; Februrary 14,
1996). Even if Maine did not have a fully approved NSR program, EPA has
interpreted the section 184 OTR requirements, including NSR, as not
being applicable for purposes of redesignation. The rationale for this
is based on two factors. First, the requirement to submit SIP revisions
for the section 184 requirements continues to apply to areas in the OTR
after redesignation to attainment. Therefore, the State remains
obligated to have New Source Review, as well as reasonably available
control requirements (RACT) and Vehicle Inspection and Maintenance (I/
M) programs even after redesignation. Second, the section 184 control
measures are regionwide requirements and do not apply to the area by
virtue of its designation and classification. See 61 FR 53174, 53175
53176 (October 10, 1996) and 62 FR 24826, 2483032 (May 7, 1997). Thus,
EPA proposes to find that the Portland area has satisfied all 8hour
ozone standard requirements applicable for purposes of section 107(d)(3)(E) under Part D of the CAA.
3. Part D Nonattainment Area Requirements Under the 1Hour Standard and EPA's AntiBacksliding Rules
Prior to its designation as an 8hour ozone nonattainment area, the Portland area was designated moderate for the 1hour ozone standard. While, on June 15, 2005, the 1hour ozone standard was revoked (see 40 CFR 50.9(b)), under EPA's antibacksliding rules, areas designated nonattainment for the 1hour standard at the time of the 8hour ozone designations remained subject to certain control measures that applied by virtue of the area's classification for the 1hour NAAQS. 40 CFR 51.900 et seq., see also 70 FR 30592, 30604 (May 26, 2005). The applicable Part D 1hour standard requirements for purposes of redesignation are those that continue to apply under EPA's anti backsliding rules, which were promulgated in conjunction with the implementation of the 8hour NAAQS. 40 CFR 51.900 et seq., as amended 70 FR 30592, 30604 (May 26, 2005).
40 CFR 51.905(a)(1) prescribes the 1hour NAAQS requirements that
continue to apply after revocation of the 1hour NAAQS to former 1hour
ozone nonattainment areas. Section 51.905(a)(1)(i) provides that:
``The area remains subject to the obligation to adopt and implement
the applicable requirements as defined in section 51.900(f), except as
provided in paragraph (a)(1)(iii) of this section, and except as
provided in paragraph (b) of this section * * *.'' Section 51.900(f),
as amended by 70 FR 30592, 30604 (May 26, 2005), states that:
``Applicable Requirements means for an area the following requirements
to the extent such requirements apply or applied to the area for the
area's classification under section 181(a)(1) of the CAA for the 1hour
NAAQS at the time the Administrator signs a final rule designating the
area for the 8hour standard as nonattainment, attainment, or
unclassifiable.'' For a former 1hour moderate area, such as Portland, the applicable requirements are as follows:
[[Page 60942]]
(1) Reasonably available control technology (RACT);
(2) Inspection and maintenance programs (I/M);
(3) Major source applicability cutoffs for purposes of RACT; (4) Rate of Progress (ROP) Reductions;
(5) NO
(6) Attainment demonstration or an alternative as provided under Sec. 51.905(a)(1)(ii).
Table 2 lists the control measures, effective in the Portland area.
The table shows how the applicable requirements have been met for the
Portland area. Thus, EPA believes that Portland has met all applicable
Part D requirements under the 1hour standard for purposes of
redesignation under the 8hour standard. In addition, Table 2a lists
other programs Maine has implemented to address emissions of ozone precursors.
Table 2.Control Measures in the Portland Ozone Nonattainment Area
Name of measure Type of measure Approval status
Onboard refueling vapor Federal Rule..... Promulgated at 40 CFR
recovery. part 86.
Federal motor vehicle control Federal Rule..... Promulgated at 40 CFR
program. part 86.
Federal nonroad heavy duty Federal Rule..... Promulgated at 40 CFR
diesel engines. part 89.
Federal nonroad gasoline Federal Rule..... Promulgated at 40 CFR
engines. part 90.
Automotive refinishing........ Federal Rule..... Promulgated at 40 CFR
part 59, subpart B.
Consumer & commercial products Federal Rule..... Promulgated at 40 CFR
part 59, subpart C.
AIM Surface Coatings.......... Federal Rule..... Promulgated at 40 CFR
part 59, subpart D.
1990 Base Year Emissions Section 182 CAA SIP approved (62 FR
Inventory. Requirement. 9081; 2/28/97).
2002 Base Year Emissions Section 182 CAA SIP approved (71 FR
Inventory. Requirement. 14815; 3/24/06).
1Hour Emissions Statements... Section 182 CAA SIP approved (60 FR
Requirement. 2524; 1/10/95).
5% Reduction Plan in Lieu of 1 Section 182 CAA SIP approved (71 FR
Hour Ozone Attainment Requirement. 14815, 3/24/06). Demonstration.
15% VOC Reduction Plan........ Section 182 CAA SIP approved (71 FR
Requirement. 14815, 3/24/06).
VOC RACT pursuant to sections Section 182 CAA SIPs approved (57 FR
182(a)(2)(A) and 182(b)(2)(B) Requirement. 3046; 2/13/92), (58
of CAA. FR 15281; 3/22/93),
(59 FR 31154; 6/17/
94), (60 FR 33730; 6/
29/95).
VOC RACT pursuant to sections Section 182 CAA SIPs approved (65 FR
182(b)(2)(A) and (C) of CAA. Requirement. 20749; 4/18/00), (67
FR 35439; 5/20/02).
NOX RACT...................... Section 182 CAA SIP approved (67 FR
Requirement. 57154; 9/9/02).
Table 2a.New Source Review Program and Other Clean Air Act Programs in the Portland Ozone Nonattainment Area
Name of measure Type of measure Approval status
New Source Review............. CAA Requirement.. SIP approved (61 FR
5690; 2/14/96).
Vehicle Inspection and Ozone Transport SIP approved (66 FR
Maintenance Program. Region 1871; 1/10/01). Requirement.
Stage II Vapor Recovery....... Ozone Transport SIP approved (61 FR
Region 53636; 10/15/96). Requirement.
Low RVP Gasoline.............. State Initiative. SIP approved (67 FR
10099; 3/6/02).
Solvent Cleaners.............. State Initiative. SIP approved (70 FR
30367; 05/26/05).
NOX Control Program........... State Initiative. SIP approved (70 FR
11879; 03/10/05).
Emissions from SmallerScale State Initiative. SIP approved (70 FR
Electric Generating Resources. 30373; 05/26/05).
Architectural and Industrial State Initiative. SIP approved (71 FR
Maintenance (AIM) Coatings. 13767; 03/17/06).
Control of Emissions of State Initiative. SIP approved (70 FR
Volatile Organic Compounds 61382; 10/24/05). from Consumer Products.
Mobile Equipment Repair and State Initiative. SIP approved (70 FR
Refinishing. 30367; 05/26/05).
Portable Fuel Container State Initiative. SIP approved (70 FR
Spillage Control. 6352; 02/07/05).
4. The Portland Area has a Fully Approved Applicable SIP for Purposes of Redesignation under Section 110(k) of the CAA
EPA has fully approved the applicable Maine SIP for purposes of redesignation for the Portland area under section 110(k) of the CAA. EPA may rely on prior SIP approvals in approving a redesignation request. Calcagni Memo, p. 3 Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 98990 (6th Cir. 1998), Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), plus any additional measures it may approve in conjunction with a redesignation action. See 68 FR 25426 (May 12, 2003) and citations therein. Following passage of the CAA of 1970, Maine has adopted and submitted and EPA has fully approved at various times provisions addressing the various SIP elements applicable in the Portland area under the 1hour standard (see Table 2).
As indicated above, EPA believes that the section 110 elements not
connected with nonattainment plan submissions and not linked to the
area's nonattainment status are not applicable requirements for
purposes of redesignation. EPA also believes that no 8hour Part D requirements applicable
[[Page 60943]]
for purposes of redesignation have yet become due, except for the
submission of the 2002 base year inventory, which Maine has submitted
and EPA has approved (71 FR 14815 (March 24, 2006)), and therefore they need not be approved into SIP prior to redesignation.
C. The Air Quality Improvement in the Portland Area Is Due to Permanent
and Enforceable Reductions in Emissions Resulting From Implementation
of the SIP and Applicable Federal Air Pollution Control Regulations and Other Permanent and Enforceable Reductions
EPA believes that the state has demonstrated that the observed air
quality improvement in the Portland area is due to permanent and
enforceable reductions in emissions resulting from implementation of
the SIP, Federal measures, and other stateadopted measures. EPA
approved Maine's SIP control strategy for the Portland area, including
rules and the emission reductions achieved as a result of those rules
that are enforceable. Several Federal and statewide rules are in place
which have improved the ambient air quality in this area. (See Tables 2 and 2a above for a list of control measures and other CAA
requirements.) The emission inventories for the Portland area show that
between 2002 (the ozone season for which the area was classified) and
2005 (the year the area came into attainment), VOC emissions were
reduced by over 10 tons per summer day and NO
The Maine submittal discusses the meteorological data for the years
2003, 2004 and 2005, and for many of the years leading up to 2003. The
Maine submittal has numerous graphs and charts of ozone data, ozone
precursor data, and meteorological data for the Portland area. These
data all support the claim that the downward trend in ozone data is not
due to favorable meteorology, but is due to permanent and enforceable
reductions in ozone precursor emissions, both within the state and
upwind from the state. EPA agrees with Maine's analysis on ozone
trends. EPA agrees the downward trend in ozone in Maine has been
occurring for several ozone seasons. The meteorology for the Portland
area shows that for some of these ozone seasons the summers have been
warmer than average, while others have been cooler than average, but
the weather over the past several ozone seasons has not been
unfavorable to ozone formation. In short, the air quality improvement
in the Portland area is due to permanent and enforceable reductions in
emissions resulting from implementation of the SIP and applicable
federal air pollution control regulations and other permanent and
enforceable reductions, not favorable meteorology. Therefore, EPA finds this requirement is met for the Portland area.
D. The Portland Area Has a Fully Approved Maintenance Plan Pursuant to Section 175A of the CAA
In conjunction with its request to redesignate the Portland nonattainment area to attainment status, Maine submitted a SIP revision to provide for the maintenance of the 8hour ozone NAAQS in the Portland area for at least 10 years after redesignation.
1. What Is Required in a Maintenance Plan?
Section 175A of the CAA sets forth the elements of a maintenance
plan for areas seeking redesignation from nonattainment to attainment.
Under section 175A, the plan must demonstrate continued attainment of
the applicable NAAQS for at least ten years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan which
demonstrates that attainment will continue to be maintained for the ten
years following the initial tenyear period. To address the possibility
of future NAAQS violations, the maintenance plan must contain such
contingency measures, with a schedule for implementation as EPA deems
necessary to assure prompt correction of any future 8hour ozone
violations. Section 175A of the CAA sets forth the elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. The Calcagni memorandum dated September 4, 1992, provides
additional guidance on the content of a maintenance plan. An ozone maintenance plan should address the following provisions:
(a) An attainment emissions inventory;
(b) A maintenance demonstration;
(c) A monitoring network;
(d) Verification of continued attainment; and
(e) A contingency plan.
2. What Is EPA's Analysis of the Portland Maintenance Plan?
(a) Attainment Emissions InventoryMaine selected 2005 as the
attainment year for purposes of demonstrating attainment of the 8hour
ozone NAAQS. The 2005 VOC and NO
(b) Maintenance demonstrationMaine's August 3, 2006 SIP submittal
includes a 10year maintenance plan for the Portland area as required
by section 175A of the Act. This demonstration shows compliance and
maintenance of the 8hour ozone standard by assuring that current and
future emissions of VOC and NO
Maine used 2005 as the base year, 2009 was chosen as the interim
year and 2016 is the ``out year,'' which as required, is at least 10
years after the time necessary for EPA to review and approve the
maintenance plan. (In addition, per 40 CFR part 93, a MVEB must be
established for the last year of the maintenance plan. MVEBs are
discussed in Section VII below.) Table 3 shows the emissions
inventories for 2005, 2009 and 2016, for the Portland area. The
emissions inventory shows a downward trend in precursor emissions data
from 2005, through 2009 and continuing on until 2016. The decreases in
emissions are a requirement of a maintenance plan. Maine has fulfilled this requirement.
[[Page 60944]]
Table 3.Attainment (2005), Interim (2009) and Maintenance (2016) Inventories for the Portland Nonattainment
Area (3 Counties) \1\
[All emissions expressed in tons per summer week day]
2005 2005 2009
Category Subcategory VOC NOX VOC 2009 NOX 2016 NOX 2016 NOX
Point......................... ................. 4.220 10.480 4.540 11.140 5.350 12.990
Area.......................... ................. 41.557 6.301 42.579 6.491 47.331 6.723
Mobile........................ Onroad \2\....... 27.033 55.328 20.018 38.849 13.243 19.078
Mobile........................ Nonroad.......... 20.592 12.020 17.917 10.170 15.560 6.801
Mobile........................ Locomotives...... 0.030 0.849 0.027 0.747 0.024 0.620
Total..................... ................. 93.432 84.978 85.081 67.397 81.508 46.212
rChange in emissions from ................. ........ ........ 8.351 17.581 11.924 38.766 2005.
r\1\ The emissions in the table are based on an inventory for three entire counties (Cumberland, Sagadahoc, and
York Counties) rather than the somewhat smaller 57 town Portland nonattainment area. EPA believes it is
reasonable to use countywide inventories for the purpose of this redesignation demonstration even though the
nonattainment area itself includes the 57 towns in these three counties nearest the coast. The Agency
concludes that the distribution of emissions for each source category across the counties will generally track
population, which is highest along the coast. Therefore, the declining emissions trends reflected in this
table for the three entire counties should generally be true for 57 town nonattainment area as well.
\2\ To provide a consistent comparison with the other source categories, the mobile onroad inventory numbers are
based on an inventory for three entire counties (Cumberland, Sagadahoc and York Counties) and are therefore
larger than motor vehicle emissions calculated for the 57 town Portland nonattainment area shown in Table 4.
(c) Monitoring NetworkThere are currently 5 monitors measuring
ozone in the Portland area. The State of Maine has committed in the
maintenance plan to the necessary continued operation of the ozone
monitoring network in compliance with 40 CFR Part 58, and has,
therefore, addressed the requirement for continued ozone monitoring in this area.
(d) Verification of Continued AttainmentThe state has the legal
authority to enforce and implement the requirements of the ozone
maintenance plan. This includes the authority to adopt, implement and
enforce any subsequent emission control contingency measures determined
to be necessary to correct future ozone attainment problems. To
implement the ozone maintenance plan, the state will continue to
monitor ozone levels in the area. Maine has also committed to track the
progress of the maintenance demonstration by periodically updating
their emission inventory. Maine has committed to do this annually. The
update will be based, in part, on the annual update of the NEI, and
will indicate new source growth and other changes from the attainment
inventory, including changes in vehicle miles traveled or in traffic patterns and changes in MOBILE6.2 or its successor.
(e) The Maintenance Plan's Contingency MeasuresThe contingency
plan provisions are designed to promptly correct a violation of the
NAAQS that occurs after redesignation. Section 175A of the Act requires
that a maintenance plan include such contingency measures as EPA deems
necessary to assure that the state will promptly correct a violation of
the NAAQS that occurs after redesignation. The maintenance plan should
identify the contingency measures to be adopted, a schedule and
procedure for adoption and implementation, and a time limit for action
by the state. The state should also identify specific indicators to be
used to determine when the contingency measures need to be implemented.
The maintenance plan must include a requirement that the state will
implement all measures with respect to control of the pollutant that
were contained in the SIP before redesignation of the area to attainment (see section 175A(d)).
As stated in the Portland area maintenance plan, the Maine DEP has
committed to the following procedure. At the conclusion of each ozone
season, the Maine DEP will evaluate whether the design value for the
Portland area is above or below the 8hour ozone standard. If the
design value is above the standard, the DEP will evaluate the potential
causes of this design value increase. The DEP will examine whether this
increase is due to an increase in local instate emissions or an
increase in upwind outofstate emissions. If an increase in instate
emissions is determined to be a contributing factor to the design value
increase, Maine will evaluate the projected instate emissions for the
Portland area for the ozone season in the following year. If instate
emissions are not expected to satisfactorily decrease in the following
ozone season in order to mitigate the violation, Maine will implement
one or more of the contingency measures listed in this section, or
substitute a new VOC or NO
The contingency measures(s) will be selected by the Governor or the Governor's designee within 6 months of the end of the ozone season for which contingency measures have been determined necessary. Possible contingency measures include:
Adhesives
Establish VOC content limits for industrial and commercial application of solventbased adhesives and sealants based on California Air Resources Board (CARB) suggested RACT controls (1998).
Asphalt Paving
Reduce the VOC content limit for cutback asphalt from 5% to 4%, and lower current VOC content limits for emulsified asphalt by 20%. Automobile Refinish Coatings
Adopt the VOC content limits contained in the Bay Area Air Quality Management District (BAAQMD) regulations.
Consumer Products
Adopt and implement the July 20, 2005 CARB regulations. These regulations include emission limits for additional consumer product categories that are not included in Maine's existing Chapter 151 consumer products rule.
Rule Effectiveness Improvement
Increase enforcement of existing rules in order to increase rule effectiveness.
[[Page 60945]]
Small Source NonCTG VOC RACT
Reduce the major source and Chapter 134 nonCTG VOC RACT applicability threshold from 40 to 10 tons per year of actual emissions.
The Portland area maintenance plan adequately addresses the five basic components of a maintenance plan: Attainment inventory; maintenance demonstration; monitoring network; verification of continued attainment; and a contingency plan. Therefore, EPA believes that the maintenance plan SIP revision submitted by Maine for the Portland area meets the requirements of section 175A of the Act. VII. How are MVEBs Developed and What is an Adequacy Determination?
Under the CAA, states are required to submit, at various times, control strategy SIPs and maintenance plans in ozone areas. These control strategy SIPs (e.g. reasonable further progress SIPs and attainment demonstration SIPs) and maintenance plans create MVEBs for criteria pollutants and/or their precursors to address pollution from cars and trucks. Per 40 CFR part 93, a MVEB is established for the last year of the maintenance plan. The MVEB is the portion of the total allowable emissions that is allocated to highway and transit vehicle use and emissions. The MVEB serves as a ceiling on emissions from an area's planned transportation system. The MVEB concept is further explained in the preamble to the November 24, 1993, transportation conformity rule (58 FR 62188). The preamble also describes how to establish the MVEB in the SIP and revise the MVEB.
Under section 176(c) of the CAA, new transportation projects, such as the construction of new highways, must ``conform'' to (i.e., be consistent with) the part of the state's air quality plan that addresses pollution from cars and trucks. ``Conformity'' to the SIP means that transportation activities will not cause new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards. If a transportation plan does not ``conform,'' most new projects that would expand the capacity of roadways cannot go forward. Regulations at 40 CFR part 93 set forth EPA policy, criteria, and procedures for demonstrating and assuring conformity of such transportation activities to a SIP.
When reviewing submitted ``control strategy'' SIPs or maintenance
plans containing MVEBs, EPA must affirmatively find the MVEB budget
contained therein ``adequate'' for use in determining transportation
conformity. Once EPA affirmatively finds the submitted MVEB is adequate
for transportation conformity purposes, that MVEB can be used by state
and federal agencies in determining whether proposed transportation
projects ``conform'' to the SIP as required by section 176(c) of the
Act. EPA's substantive criteria for determining ``adequacy'' of an MVEB are set out in 40 CFR 93.118(e)(4).
VIII. What is the Status of EPA's Adequacy Determination for the Portland Area's MVEB for the Year 2016?
The Portland area's 10year maintenance plan submission contains
new VOC and NO
Additionally, EPA through this rulemaking is proposing to approve
those MVEBs for use in determining transportation conformity because
EPA has determined that the area maintains the standard with emissions
at the levels of the budgets. The Maine DEP utilized the MOBILE 6.2
model to calculate onroad emissions of VOC and NO
Table 4.The 2016 MVEBs for the Portland 8Hour Ozone Nonattainment Area (57 Towns)
[Emissions expressed in tons per summer weekday (tpswd)]
2005 VOC 2005 NOX 2016 VOC 2016 OX
Point........................................................... 3.669 8.210 4.627 10.118
Area............................................................ 33.433 5.207 38.118 5.596 Mobile:
Nonroad..................................................... 17.401 10.556 13.146 5.545
Locomotives................................................. 0.015 0.423 0.013 0.342
Onroad...................................................... 22.476 46.776 11.032 16.098 Total Inventory......................................... 76.994 71.172 66.936 37.699 Total Safety Margin............................................. .......... .......... 10.058 33.473
FOR FURTHER INFORMATION CONTACT Richard P. Burkhart, Air Quality
Planning Unit, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (CAQ), Boston, MA
021142023, telephone number (617) 9181664, fax number (617) 9180664,
email Burkhart.Richard@epa.gov. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available for inspection electronically in the Federal Docket Management System at http://www.regulations.gov, and the hard copy available at the Regional Office, which are identified in the ADDRESSES section of this Federal Register, copies of the state submittal and EPA's technical support document 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 043330017.
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