December 2006 Rules and Table of Redesignated Areas by EPADocs

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									                                                            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
                                           below:
                                             (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
                                           ENVIRONMENTAL PROTECTION
                                                                                                   the Office of Ecosystem Protection, U.S.              requests, that the design values for these
                                           AGENCY
                                                                                                   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
                                           Maintenance Plans
                                                                                                   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
                                                                    Designated area
                                                                                                                           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,
                                                  and Wiscasset.
                                                Waldo County (part) (includes only the following                   January 10, 2007 ...       Attainment.
                                                  town): Islesboro.
                                           Portland, ME:
                                                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
                                                  Yarmouth.
                                                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]
                                           BILLING CODE 6560–50–P
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