Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 71489
PART 52—[AMENDED] ACTION: Final rule. the Tyson Building, Augusta Mental
Health Institute Complex, Augusta, ME
I 1. The authority citation for part 52 SUMMARY: EPA is approving a 04333–0017.
continues to read as follows: redesignation request and a State FOR FURTHER INFORMATION CONTACT:
Authority: 42 U.S.C. 7401 et seq. Implementation Plan (SIP) revision Richard P. Burkhart, Air Quality
submitted by the State of Maine. The Planning Unit, U.S. Environmental
Subpart DD—Nevada Maine Department of Environmental Protection Agency, EPA New England
Protection (ME DEP) is requesting that Regional Office, One Congress Street,
I 2. Section 52.1470 is amended by the Portland, Maine and the Hancock,
adding paragraph (c)(56)(i) (A)(5), (6), Suite 1100 (CAQ), Boston, MA 02114–
Knox, Lincoln and Waldo Counties, 2023, telephone number (617) 918–
and (7) to read as follows: Maine (also known as the Midcoast 1664, fax number (617) 918–0664, e-
§ 52.1470 Identification of plan. area) ozone nonattainment areas be mail Burkhart.Richard@epa.gov.
redesignated as attainment for the 8-
* * * * * SUPPLEMENTARY INFORMATION:
hour ozone national ambient air quality
(c) * * *
(56) * * * standard (NAAQS). In conjunction with I. Background
(i) * * * its redesignation request, the ME DEP
On October 17, 2006 (71 FR 60937),
(A) * * * submitted a SIP revision consisting of
EPA published a notice of proposed
(5) The following sections of the maintenance plans for the Portland,
rulemaking (NPR) for the State of Maine.
Nevada Air Quality Regulations were Maine and the Hancock, Knox, Lincoln
The NPR proposed approval of Maine’s
adopted on the dates listed below and and Waldo Counties, Maine areas that
request to redesignate the Portland,
recodified as Chapter 445B of the provide for continued attainment of the
Maine and the Hancock, Knox, Lincoln
Nevada Administrative Code in 8-hour ozone NAAQS for the next 10
and Waldo Counties, Maine 8-hour
November 1994: years. EPA is approving the
ozone nonattainment areas and a SIP
(i) September 16, 1976: 445B.134, redesignation requests and the
revision that establishes separate
445B.257, 445B.258, 445B.259, maintenance plan as revisions to the
maintenance plans for these areas. The
445B.260, 445B.261, and 445B.263. Maine SIP in accordance with the
maintenance plans set forth how each
(6) The following sections of Chapter requirements of the Clean Air Act. EPA
area will maintain attainment of the 8-
445 of the Nevada Administrative Code is also approving the motor vehicle
hour ozone NAAQS for the next 10
were adopted on the dates listed below emission budgets (MVEBs) that are
years in accordance with Section 175A
and recodified as Chapter 445B of the identified in the 8-hour maintenance
of the Clean Air Act (CAA). The NPR
Nevada Administrative Code in plan for these areas for purposes of
also proposed approval of the motor
November 1994: transportation conformity.
vehicle emission budgets (MVEBs)
(i) April 26, 1984: 445B.265. DATES: Effective Date: This rule is associated with the maintenance plans.
(ii) November 3, 1993: 445B.084. effective on January 10, 2007.
(iii) March 3, 1994: 445B.202. The formal SIP revision was submitted
ADDRESSES: EPA has established a by the ME DEP on August 3, 2006. Other
(7) The following sections of Chapter
docket for this action under Docket specific requirements of Maine’s
445B of the Nevada Administrative
Identification No. EPA–R01–OAR– redesignation requests, the 175A
Code were adopted on the dates listed
2006–OAR–0226. All documents in the maintenance plans, and the MVEBs, and
(i) October 3, 1995: 445B.015, docket are listed on the http:// the rationale for EPA’s proposed action
445B.062, and 445B.256. www.regulations.gov Web site. Although are explained in the NPR and will not
(ii) August 22, 2000: 445B.264. listed in the index, some information is be restated here. No adverse public
(iii) September 18, 2003: 445B.262 not publicly available, i.e., CBI or other comments were received on the NPR,
and 445B.267. information whose disclosure is however, two commenters did discover
(iv) October 4, 2005: 445B.063, restricted by statute. Certain other minor typographical errors in the NPR.
445B.153, and 445B.22093. material, such as copyrighted material, EPA agrees with these commenters that
is not placed on the Internet and will be there were typographical errors in the
* * * * *
publicly available only in hard copy NPR. Some of the values for monitored
[FR Doc. E6–20895 Filed 12–8–06; 8:45 am]
form. Publicly available docket ozone levels were misstated in two
BILLING CODE 6560–50–P
materials are available either tables in the NPR. These misstatements
electronically through http:// were minor, and did not affect EPA’s
www.regulations.gov or in hard copy at conclusions on the redesignation
the Office of Ecosystem Protection, U.S. requests, that the design values for these
Environmental Protection Agency, EPA areas qualify for redesignation. A
40 CFR Parts 52 and 81 New England Regional Office, One response to comments document
Congress Street, Suite 1100, Boston, correcting the record was placed into
[EPA–R01–OAR–2006–OAR–0226; FRL– MA. EPA requests that if at all possible, the docket for this action.
8253–4] you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
II. Final Action
Approval and Promulgation of Air
schedule your inspection. The Regional EPA is approving the State of Maine’s
Quality Implementation Plans; Maine;
Office’s official hours of business are August 3, 2006 redesignation requests
Redesignation of the Portland, Maine
Monday through Friday, 8:30 to 4:30, and maintenance plans for the Portland,
and the Hancock, Knox, Lincoln and
excluding legal holidays. Copies of the Maine and the Hancock, Knox, Lincoln
Waldo Counties, Maine Ozone
documents relevant to this action are and Waldo Counties, Maine areas,
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Nonattainment Areas to Attainment
also available for public inspection because the requirements for approval
and Approval of These Areas’
during normal business hours, by have been satisfied for each area. EPA
appointment at the Bureau of Air has evaluated Maine’s redesignation
AGENCY: Environmental Protection Quality Control, Department of requests, and determined that they meet
Agency (EPA). Environmental Protection, First Floor of the redesignation criteria set forth in
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71490 Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations
section 107(d)(3)(E) of the Clean Air on the relationship between the national extend the time within which a petition
Act. EPA believes that the redesignation government and the States, or on the for judicial review may be filed, and
requests and monitoring data distribution of power and shall not postpone the effectiveness of
demonstrate that the Portland, Maine responsibilities among the various such rule or action. This action may not
and the Hancock, Knox, Lincoln and levels of government, as specified in be challenged later in proceedings to
Waldo Counties, Maine areas have Executive Order 13132 (64 FR 43255, enforce its requirements. (See section
attained the 8-hour ozone standard. The August 10, 1999), because it merely 307(b)(2).)
final approval of this redesignation approves a state rule implementing a
request will change the designation of federal standard, and does not alter the List of Subjects
the Portland, Maine and the Hancock, relationship or the distribution of power 40 CFR Part 52
Knox, Lincoln and Waldo Counties, and responsibilities established in the
Maine area from nonattainment to Clean Air Act. This rule also is not Environmental protection, Air
attainment for the 8-hour ozone subject to Executive Order 13045 pollution control, Intergovernmental
standard. EPA is approving the ‘‘Protection of Children from relations, Nitrogen dioxide, Ozone,
associated maintenance plans for these Environmental Health Risks and Safety Reporting and recordkeeping
areas, submitted on August 3, 2006, as Risks’’ (62 FR 19885, April 23, 1997), requirements, Volatile organic
a revision to the Maine SIP. EPA is because it is not economically compounds.
approving the maintenance plans for the significant. 40 CFR Part 81
Portland, Maine and the Hancock, Knox, In reviewing SIP submissions, EPA’s
Lincoln and Waldo Counties, Maine role is to approve state choices, Environmental protection, Air
area because they meet the requirements provided that they meet the criteria of pollution control, National parks,
of section 175A of the CAA. EPA is also the Clean Air Act. In this context, in the Wilderness areas.
approving the MVEBs associated with absence of a prior existing requirement Dated: November 30, 2006.
these maintenance plans. for the State to use voluntary consensus Robert W. Varney,
standards (VCS), EPA has no authority
III. Statutory and Executive Order to disapprove a SIP submission for
Regional Administrator, EPA New England.
Reviews failure to use VCS. It would thus be I 40 CFR parts 52 and 81 are amended
Under Executive Order 12866 (58 FR inconsistent with applicable law for as follows:
51735, October 4, 1993), this action is EPA, when it reviews a SIP submission, I 1. The authority citation for part 52
not a ‘‘significant regulatory action’’ and to use VCS in place of a SIP submission continues to read as follows:
therefore is not subject to review by the that otherwise satisfies the provisions of
Office of Management and Budget. For Authority: 42 U.S.C. 7401 et seq.
the Clean Air Act. Thus, the
this reason, this action is also not requirements of section 12(d) of the Subpart U—Maine
subject to Executive Order 13211, National Technology Transfer and
‘‘Actions Concerning Regulations That Advancement Act of 1995 (15 U.S.C. I 2. Section 52.1023 is amended by
Significantly Affect Energy Supply, 272 note) do not apply. This rule does adding paragraphs (g) and (h) to read as
Distribution, or Use’’ (66 FR 28355, May not impose an information collection follows:
22, 2001). This action merely approves burden under the provisions of the
state law as meeting Federal Paperwork Reduction Act of 1995 (44 § 52.1023 Control strategy: Ozone.
requirements and imposes no additional U.S.C. 3501 et seq.) * * * * *
requirements beyond those imposed by The Congressional Review Act, 5
state law. Accordingly, the U.S.C. 801 et seq., as added by the Small (g) Approval. EPA is approving a
Administrator certifies that this rule Business Regulatory Enforcement redesignation request for the Portland,
will not have a significant economic Fairness Act of 1996, generally provides Maine 8-hour ozone nonattainment area.
impact on a substantial number of small that before a rule may take effect, the Maine submitted this request on August
entities under the Regulatory Flexibility agency promulgating the rule must 3, 2006. The request contains the
Act (5 U.S.C. 601 et seq.). Because this submit a rule report, which includes a required Clean Air Act Section 175A
rule approves pre-existing requirements copy of the rule, to each House of the maintenance plan. The plan establishes
under state law and does not impose Congress and to the Comptroller General motor vehicle emissions budgets for
any additional enforceable duty beyond of the United States. EPA will submit a 2016 of 16.659 tons per summer day
that required by state law, it does not report containing this rule and other (tpsd) of volatile organic compound and
contain any unfunded mandate or required information to the U.S. Senate, 32.837 tpsd of nitrogen oxide (NOX) to
significantly or uniquely affect small the U.S. House of Representatives, and be used in transportation conformity
governments, as described in the the Comptroller General of the United determinations in the Portland area.
Unfunded Mandates Reform Act of 1995 States prior to publication of the rule in (h) Approval. EPA is approving a
(Pub. L. 104–4). the Federal Register. A major rule redesignation request for the Hancock,
This rule also does not have tribal cannot take effect until 60 days after it Knox, Lincoln and Waldo Counties,
implications because it will not have a is published in the Federal Register. Maine 8-hour ozone nonattainment area.
substantial direct effect on one or more This action is not a ‘‘major rule’’ as Maine submitted this request on August
Indian tribes, on the relationship defined by 5 U.S.C. 804(2). 3, 2006. The request contains the
between the Federal Government and Under section 307(b)(1) of the Clean required Clean Air Act Section 175A
Indian tribes, or on the distribution of Air Act, petitions for judicial review of maintenance plan. The plan establishes
power and responsibilities between the this action must be filed in the United motor vehicle emissions budgets for
Federal Government and Indian tribes, States Court of Appeals for the 2016 of 3.763 tons per summer day
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as specified by Executive Order 13175 appropriate circuit by February 9, 2007. (tpsd) of volatile organic compound and
(65 FR 67249, November 9, 2000). This Filing a petition for reconsideration by 6.245 tpsd of nitrogen oxide (NOX) to be
action also does not have Federalism the Administrator of this final rule does used in transportation conformity
implications because it does not have not affect the finality of this rule for the determinations in the Hancock, Knox,
substantial direct effects on the States, purposes of judicial review nor does it Lincoln and Waldo Counties area.
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Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Rules and Regulations 71491
PART 81—[AMENDED] I 2. Section 81.320 is amended by 8-hour ozone standard table to read as
revising the entries for the Portland, follows:
I 1. The authority citation for part 81 Maine and the Hancock, Knox, Lincoln
continues to read as follows: § 81.320 Maine.
and Waldo Counties, Maine area in the
Authority: 42 U.S.C. 7401 et seq. * * * * *
MAINE—OZONE (8-HOUR STANDARD)
Designation a Category/classification
Date 1 Type Date 1 Type
Hancock, Knox, Lincoln and Waldo Cos., ME:
Hancock County (part) (includes only the following January 10, 2007 ... Attainment.
cities and towns): Bar Harbor, Blue Hill, Brooklin,
Brooksville, Cranberry Isle, Deer Isle,
Frenchboro, Gouldsboro, Hancock, Lamoine,
Mount Desert, Sedgwick, Sorrento, Southwest
Harbor, Stonington, Sullivan, Surry, Swans Is-
land, Tremont, Trenton, and Winter Harbor.
Knox County (part) (includes only the following cit- January 10, 2007 ... Attainment.
ies and towns): Camden, Criehaven, Cushing,
Friendship, Isle au Haut, Matinicus Isle, Muscle
Ridge Shoals, North Haven, Owls Head, Rock-
land, Rockport, St. George, South Thomaston,
Thomaston, Vinalhaven, and Warren.
Lincoln County (part) (includes only the following January 10, 2007 ... Attainment.
cities and towns): Alna, Boothbay, Boothbay
Harbor, Breman, Bristol, Damariscotta, Dresden,
Edgecomb, Monhegan, Newcastle, Nobleboro,
South Bristol, Southport, Waldoboro, Westport,
Waldo County (part) (includes only the following January 10, 2007 ... Attainment.
Androscoggin County (part) (includes only the fol- January 10, 2007 ... Attainment.
lowing town): Durham.
Cumberland County (part) (includes only the fol- January 10, 2007 ... Attainment.
lowing cities and towns): Brunswick, Cape Eliza-
beth, Casco, Cumberland, Falmouth, Freeport,
Frye Island, Gorham, Gray, Harpswell, Long Is-
land, New Gloucester, North Yarmouth, Port-
land, Pownal, Raymond, Scarborough, South
Portland, Standish, Westbrook, Windham, and
Sagadahoc County (includes all cities & towns) ..... January 10, 2007 ... Attainment.
York County (part) (includes only the following cit- January 10, 2007 ... Attainment.
ies and towns): Alfred, Arundel, Berwick, Bidde-
ford, Buxton, Dayton, Elliot, Hollis, Kennebunk,
Kennebunkport, Kittery, Limington, Lyman, North
Berwick, Ogunquit, Old Orchard Beach, Saco,
Sanford, South Berwick, Wells, and York.
* * * * * * *
a Includes Indian country located in each county or area, except otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
* * * * *
[FR Doc. E6–20901 Filed 12–8–06; 8:45 am]
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