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/ September
/ Monday, September 09, 2002
[Federal Register: September 9, 2002 (Volume 67, Number 174)]
[Rules and Regulations]
[Page 57148-57155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09se02-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME056-1-7005a; FRL-7269-6]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; Reasonably Available Control Technology for Nitrogen Oxides
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the State of Maine. This SIP revision establishes
and requires Reasonably Available Control Technology (RACT) at
stationary sources of nitrogen oxides (NOX) in York,
Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox
counties. The intended effect of this action is to approve regulatory
provisions and source specific air emissions licenses which require
major stationary sources of NOX to reduce their emissions in
accordance with requirements of the Clean Air Act.
DATES: This direct final rule is effective on November 8, 2002 without
further notice, unless EPA receives adverse comment by October 9, 2002.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: You should address your comments to Mr. David Conroy, Unit
Manager, Air Quality Planning Unit, Office of Ecosystem Protection
(mail code CAQ), U.S. Environmental Protection Agency, Region I, One
Congress Street, Suite 1100, Boston, MA 02114-2023. Copies of the
documents relevant to this action are available for public inspection
during normal business hours, by appointment at the Office of Ecosystem
Protection, U.S. Environmental Protection Agency, Region I, One
Congress Street, 11th floor, Boston, MA, and the Bureau of Air Quality
Control, Department of Environmental Protection, First Floor of the
Tyson Building, Augusta Mental Health Institute Complex, Augusta, ME
04333-0017.
FOR FURTHER INFORMATION CONTACT: Dan Brown, Environmental Engineer, Air
Quality Planning Unit (CAQ), U.S. EPA, Region I, One Congress Street,
Suite 1100, Boston, MA 02114-2023; (617) 918-1532; brown.dan@epa.gov.
SUPPLEMENTARY INFORMATION: This document is organized according to the
following Table of Contents.
I. What Action Is EPA Taking Today?
II. Why Is the EPA Taking This Action?
III. What Did Maine Submit as Part of Its SIP?
A. Chapter 138
B. Miscellaneous NOX RACT and the Alternative
NOX RACT for Pioneer Plastics Corporation in Auburn,
Maine
C. Miscellaneous NOX RACT for Dragon Products
Company, Inc., in Thomaston, Maine
D. Alternative NOX RACT for Tree Free Fiber Company,
LLC, (formerly Statler Tissue) in Augusta, Maine
E. Alternative NOX RACT for Mid-Maine Waste Action
Corporation's Facility in Auburn, Maine
F. Alternative NOX RACT for Maine Energy Recovery
Company in Biddeford, Maine
G. Miscellaneous and Alternative NOX RACT for
Portsmouth Naval Shipyard in Kittery, Maine
H. Capacity Limitations and the Testing, Monitoring,
Recordkeeping, and Reporting Requirements for S.D. Warren Company in
Westbrook, Maine
I. Testing, Monitoring, Recordkeeping and Reporting Requirements
for FMC Corporation--Food Ingredients Division in Rockland, Maine
J. Alternative NOX RACT and Testing, Monitoring,
Recordkeeping and Reporting Requirements for the Chinet Company in
Waterville, Maine
K. Testing, Monitoring, Recordkeeping and Reporting Requirements
for Scott Paper Company in Winslow, Maine
L. Testing, Monitoring, Recordkeeping and Reporting Requirements
for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station
in Yarmouth, Maine
IV. What Is the Relationship Between the Chapter 138 NOX
RACT Rule and the Chapter 117 Source Surveillance Rule?
V. What Are the Administrative Requirements?
I. What Action Is EPA Taking Today?
The EPA is approving Chapter 138 as well as the air emissions
licenses for Pioneer Plastics Corporation in Auburn; Dragon Products,
Incorporated, in Thomaston; Tree Free Fiber Company, LLC, (formerly
Statler Tissue) in Augusta; Mid-Maine Waste Action Corporation in
Auburn; Maine Energy Recovery Company in Biddeford; Portsmouth Naval
Shipyard in Kittery; S.D. Warren Company in Westbrook; FMC
Corporation--Food Ingredients Division in Rockland; the Chinet Company
in Waterville; Scott Paper Company in Winslow; and FPL Energy's
(formerly Central Maine Power) W.F. Wyman Station in Yarmouth, as
collectively meeting the CAA requirements for NOX RACT in
the moderate nonattainment areas of Maine. This approval action will
incorporate these documents into the Maine SIP.
[[Page 57149]]
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective
November 8, 2002 without further notice unless the Agency receives
relevant adverse comments by October 9, 2002.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. Only parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on November 8, 2002 and no further action will
be taken on the proposed rule.
II. Why Is the EPA Taking This Action?
The EPA is approving Maine's SIP submittals because they comply
with EPA's NOX RACT related policies, including the
``Nitrogen Oxides Supplement to the General Preamble'' (57 FR 55620)
and additional EPA guidance memoranda, such as those included in the
``NOX Policy Document for the Clean Air Act of 1990,'' (EPA-
452/R-96-005, March 1996). Review of the NOX RACT SIP
submittals, including Chapter 138, the miscellaneous NOX
RACT determinations, the alternative NOX RACT
determinations, as well as the licenses containing testing, monitoring,
recordkeeping, and reporting requirements, indicate that Maine has
sufficiently defined the NOX RACT requirements for major
stationary sources of NOX located in York, Cumberland,
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties in Maine.
These seven counties make up the three areas of Maine classified as
moderate nonattainment for the one-hour national ambient air quality
standards for ozone.
The Clean Air Act (CAA) requires that States develop Reasonably
Available Control Technology (RACT) regulations for all major
stationary sources of NOX in areas classified as
``moderate,'' ``serious,'' ``severe,'' and ``extreme'' ozone
nonattainment areas, and in all areas of the Ozone Transport Region
(OTR). This requirement is established by sections 182(b)(2), 182(f),
and 184(b) of the CAA as described below.
Section 182(b)(2) of the CAA requires States to require
implementation of RACT with respect to all major sources of volatile
organic compounds (VOCs) in moderate ozone nonattainment areas or in
areas with higher than moderate nonattainment classifications as
expeditiously as practicable but no later than May 31, 1995.
Furthermore, section 182(f) states that, ``the plan provisions required
under this subpart for major stationary sources of volatile organic
compounds shall also apply to major stationary sources (as defined in
section 302 and subsections (c), (d), and (e) of the section) of oxides
of nitrogen.'' Additionally, section 184(b)(2) requires major
stationary sources in the OTR, which includes all of Maine, to meet the
requirements applicable to major sources as if the area is classified
as a moderate nonattainment area (unless already classified at a higher
nonattainment level) as well. These sections of the CAA, taken
together, establish the requirements for Maine to submit a
NOX RACT regulation which covers major sources statewide.
Section 302 of the CAA generally defines ``major stationary
source'' as a facility or source of air pollution which has the
potential to emit 100 tons per year or more of air pollution. This
definition applies unless another provision of the CAA explicitly
defines major source differently. For NOX, in marginal and
moderate areas, and attainment areas in the OTR, a major source is one
with the potential to emit 100 tons per year or more. Therefore, for
purposes of applicability to NOX RACT in Maine, a major
stationary source of NOX is a facility with the potential to
emit 100 tons or more per year of NOX.
At the time of adoption of Chapter 138, Maine had four areas which
were designated as ozone nonattainment: the Hancock and Waldo area,
which was classified as marginal nonattainment; the Knox and Lincoln
county area, which was classified as moderate nonattainment; the
Lewiston-Auburn area, which was classified as moderate nonattainment;
and, the Portland area, which was classified as moderate nonattainment
(see 40 CFR Part 81 for the list of affected towns). On February 28,
1997, the EPA approved a request by the State of Maine to redesignate
the Hancock and Waldo area from marginal nonattainment to attainment
(62 FR 9081).
On December 26, 1995, EPA approved Maine's Chapter 138
NOX RACT rule as it applied to the Hancock and Waldo area as
well as the other non-moderate counties in Maine (i.e., Oxford,
Franklin, Somerset, Piscataquis, Penobscot, Washington, and Aroostook)
that collectively make up the Northern Maine Area (see 60 FR 66748).
The December 26, 1995, approval also included a NOX waiver
under section 182(f) of the Clean Air Act. The waiver was limited in
that it did not require anything above the Chapter 138 NOX
RACT rule for the nine counties making up the northern Maine area at
that time. Section 182(f) allows the Administrator to issue such a
waiver upon making a determination that air quality benefits would be
greater in the absence of NOX reductions from sources in a
RACT subject area.
In today's action we are approving Chapter 138 as it applies in the
three current moderate nonattainment areas: Knox and Lincoln area,
Lewiston-Auburn area (Androscoggin and Kenebeck Counties) and Portland
area (York, Cumberland and Sagadahoc Counties). With this action
Chapter 138 will be approved statewide and, therefore, will meet
requirements that Maine submit a NOX RACT regulation which
covers major sources statewide.
III. What Did Maine Submit as Part of Its SIP?
On August 5, 1994, the State of Maine formally submitted Chapter
138 as a SIP revision. On July 1, 1997, Maine submitted case-specific
NOX RACT determinations as single source SIP revisions for
the following facilities: Pioneer Plastics Corporation in Auburn
(Pioneer); Mid-Maine Waste Action Corporation in Auburn (MMWAC); Tree
Free Fiber Company, LLC, (formerly Statler Tissue) in Augusta (TF/ST);
Dragon Products, Incorporated in Thomaston (Dragon); and Maine Energy
Recovery Company in Biddeford (MERC). On August 14, 1998, Maine
submitted case-specific NOX RACT determinations as single
source SIP revisions for the following facilities: FPL Energy's
(formerly Central Maine Power) W.F. Wyman Station in Yarmouth (FPL);
FMC Corporation--Food Ingredients Division's Rockland facility (FMC);
Portsmouth Naval Shipyard (PSNY) in Kittery; the Chinet Company's
Waterville facility (Chinet); Scott Paper Company's Winslow facility
(Scott); and S.D. Warren Company's Westbrook facility (S.D. Warren). On
October 9, 1997, Maine submitted an amendment to the case specific
NOX RACT determination for PSNY in Kittery.
The following is a description of the Maine SIP revisions being
approved in this action, including regulations and
[[Page 57150]]
case-specific NOX RACT determinations. For a more detailed
discussion of Maine's submittals and EPA's proposed action, the reader
should refer to, ``Technical Support Document--Maine NOX
RACT in the Moderate Nonattainment Areas'' (TSD), dated December 14,
1998. Copies of the TSD are found in the rulemaking docket (see
Addresses).
A. Chapter 138
Chapter 138 of Maine's regulations contains five general sections.
Section 1 deals with applicability and exemptions of facilities and
equipment. In general, Chapter 138 applies to any existing stationary
source that has potential to emit quantities of NOX
emissions greater than or equal to 100 tons per year statewide.
Subsections 1(A)(1) and (2) of the regulation further define the
applicability of various control technology requirements for sources
subject to Chapter 138 depending on the ozone nonattainment
classification of their location.
Subsection 1(A)(1) states that, ``[B]y May 31, 1995, any source
located in any area designated by the Federal Government under 40 Code
of Federal regulations, Part 81 as a moderate nonattainment area for
ozone shall comply with the standards specified in Section 3.'' Prior
to May 31, 1995, EPA designated the following counties in Maine as
moderate nonattainment: York, Cumberland, Sagadahoc, Androscoggin,
Kennebec, Lincoln, and Knox counties.
Section 1(A)(2) states that, ``[B]y May 31, 1995, any source
located in an area in the state that is not designated by the Federal
Government under 40 Code of Federal Regulations, Part 81 as a moderate
nonattainment area for ozone shall comply with the standards specified
in Sections 3(A), 3(C)-3(O), and Section 4.'' By May 31, 1995, the
areas that were not designated as moderate areas in Maine included:
Aroostook, Penobscot, Piscataquis, Washington, Somerset, Franklin, and
Oxford counties, classified as attainment areas, as well as Hancock and
Waldo counties, classified as marginal non-attainment areas. The reader
should note that on December 26, 1995, EPA published a document in the
Federal Register (60 FR 66748) approving Chapter 138, as it applies to
the non-moderate areas of the State, into the Maine SIP.
Section 1(B) of the regulation contains provisions to exempt
equipment and facilities where the NOX emitting equipment
has the potential to emit less than 10 tons per year of NOX
or where emergency standby engines operate for less than 500 hours
during any consecutive 12 month period and the ignition timing is set
and maintained at four degrees retarded to standard timing.
Section 2 of Chapter 138 contains a number of definitions. Several
are particular to Maine's regulation and are not related to a federal
requirement. These include: large boiler, small boiler, mid-size
boiler, lime kiln, MgO recovery boiler, auxiliary/standby boiler, and
kraft recovery boiler. Chapter 138 also contains definitions of several
terms that have been defined in EPA regulations or guidance. These
terms include: potential to emit, and, repowering project unit.
Section 3 defines NOX emission limitations, technology
standards, or work practice standards for RACT subject sources. Section
3 sets NOX emission limitations for large boilers, i.e.,
boilers with an energy input capacity of 1500 million Btu per hour
(mmBtu/hr). These limits are set on a 24 hour basis and compliance must
be demonstrated through the use of a continuous emissions monitoring
system (CEMS).
Section 3 defines NOX emission limits or technology
standards for mid-size boilers (i.e., boilers with energy input
capacities greater than or equal to 50 mmBtu/hr but less than 1500
mmBtu/hr). Section 3 requires mid-size boilers with heat input
capacities greater than 200 mmBtu/hour or greater to demonstrate
compliance on a 24 hour block average basis through the use of
continuous emission monitoring systems.
For small boilers (i.e., units with heat input capacities greater
than 20 mmBtu/hour but less than 50 mmBtu/hour), section 3 of Chapter
138 requires that annual tune-ups be performed on the boilers. The
regulations specify the types of records to be kept during the tune-up
procedure as well as a requirement for the periodic verification of the
parameter settings. Similarly, for auxiliary or standby boilers (i.e.,
boilers limited to less than 100 tons per year, 12 month rolling
average, and 20 tons per month), section 3 defines RACT as the same
annual tune-up and recordkeeping procedures for small boilers.
For kraft recovery boilers, magnesium oxide (MgO) recovery boilers,
and lime kilns, section 3 of Chapter 138 sets NOX emission
limitations. For the recovery boilers, the regulation requires
compliance to be demonstrated on a 24 hour basis by a CEMS. For lime
kilns, compliance is determined by stack testing. Section 3 of Chapter
138 sets NOX emission limits for refuse derived fuel (RDF)
municipal solid waste (MSW) incinerators and mass burn MSW incinerators
as well with compliance demonstrations on a 24 hour basis using a CEMS.
For NOX emitting units located at major stationary
sources not covered by the specific standards of sections 3(A) through
3(G), i.e., miscellaneous RACT sources, section 3 of Chapter 138
requires that the source conduct a RACT alternatives analysis. Section
3 also requires sources seeking alternative RACT determinations to
submit an application to revise the facility's air emission license,
including a description of the NOX emitting equipment at the
facility, an examination of the technical and economic feasibility of
various NOX control options, the option chosen, including
emission limits, test methods, and means of assessing compliance, the
amount of NOX to be reduced, and a schedule for
implementation. In order for these determinations to satisfy the SIP
requirements of the CAA, the RACT orders must be submitted and approved
as case-specific SIP revisions.
Section 3 of Chapter 138 also allows sources to comply with
alternative emission limitations through the seasonal combustion of
different fuels (i.e., ``fuel-switching'') or through the use of
emissions averaging. Additionally, section 3 allows a facility to delay
the installation of NOX controls on existing NOX
emitting equipment in order to complete the dismantling and repowering
of any of its equipment. In order to eligible for such ``repowering''
provisions,'' the facility have an enforceable agreement with the DEP
by January 1, 1995, committing them to shut down and repower the
equipment by May 15, 1999. Furthermore, the replacement unit must have
a BACT or LAER limit in place. The regulations contain a presumptive
NOX RACT control requirement that units to be repowered
perform annual tune-ups between March 15 and June 15 of each year,
starting in 1995, until the new unit is in place.
Section 4 of Chapter 138 only applies to NOX sources in
the non-moderate areas of the State. As noted above, EPA published a
Federal Register notice on December 26, 1995, approving that section
into the Maine SIP. Therefore, no further action is necessary for that
section of Chapter 138.
Section 5 of the regulations include provisions for the submittal
and approval of NOX RACT applications for facilities subject
to section 3 of Chapter 138. These provisions also lay out the process
by which DEP issues RACT orders, including the public comment
[[Page 57151]]
process. Section 5 requires units to specify testing, monitoring,
recordkeeping, and reporting procedures, which are subject to State and
EPA approval as part of the RACT order application and issuance
process. However, in order for the testing, monitoring, record keeping,
and reporting requirements to be enforceable, as they apply to units
for which Chapter 138 does not define such requirements, those
requirements must be made part of final RACT orders in air emission
licenses and subsequently submitted to EPA as SIP revisions.
B. Miscellaneous NOX RACT and the Alternative NOX
RACT for Pioneer Plastics Corporation in Auburn, Maine
Pioneer Plastics is a plastics manufacturing company with a
facility which is subject to Chapter 138. The Pioneer Plastics' Auburn
facility includes a thermal oxidizer unit (incinerator) used to destroy
volatile organic compounds (VOCs) and hazardous air pollutants (HAPs).
Chapter 138, section 3(H) requires owners of miscellaneous stationary
sources to submit an analysis of NOX RACT options and for
Maine to determine RACT for those sources on a case by case basis.
In its RACT analysis, Pioneer demonstrated that because the use of
add-on NOX controls would reduce the destruction efficiency
incinerator, those methods are considered technically infeasible as
RACT options. Therefore, Maine issued air emissions licenses A-448-72-
K-A/R and A-448-71-O-M, amendment 2, on August 23, 1995, and
March 10, 1997, respectively, requiring annual inspection and repair of
the duct work, including the seals of the doors of the unit, as well as
of the burner components, as NOX RACT for this unit.
Pioneer also has a boiler, Boiler 6, which meets the
Chapter 138 definition of a mid-size boiler. However, Pioneer applied
for an alternative NOX RACT determination which examined a
number of NOX control technologies for the boiler. As a
result, Maine issued licenses A-448-72-K-A/R and A-448-71-O-M,
amendment 2, which define alternative RACT as optimizing the
boiler and using natural gas whenever available at the interruptible
purchase rate (approximately 8 months of the year). The licenses were
submitted to EPA as a SIP revision on July 1, 1997.
C. Miscellaneous NOX RACT for Dragon Products Company, Inc.,
in Thomaston, Maine
Dragon Products Company in Thomaston, Maine, (Dragon) has a cement
making facility subject to Chapter 138. Chapter 138 does not define
NOX RACT explicitly for cement kilns but rather section 3(H)
requires owners of such miscellaneous stationary sources to submit an
analysis of NOX RACT options from which Maine can define
RACT on a case by case basis.
Dragon submitted an analysis of NOX controls to Maine
which demonstrated that post combustion controls were not economically
feasible. On June 5, 1996 and March 5, 1997, Maine issued air emission
licenses A-326-72-N-A, amendment 5, and A-326-71-P-M,
amendment 7, which require the implementation of a variety of
combustion and process changes, including the installation of a low-
NOX burner system. The license was submitted to EPA as a SIP
revision on July 1, 1997.
D. Alternative NOX RACT for Tree Free Fiber Company, LLC,
(Formerly Statler Tissue) in Augusta, Maine
Tree Free Fiber Company's facility in Augusta (formerly Statler
Tissue) is subject to Chapter 138. Statler Tissue applied for
alternative NOX RACT determinations for two of the mid-size
boilers at the facility, Boilers 3, and 5. In their
application, Statler analyzed a number of RACT options for boilers
3 and 5 but no option was shown to be economically
feasible. Therefore, Maine DEP determined that for boilers 3
and 5, annual boiler tune-ups was RACT.
In February 1995, operations at the Statler Tissue (ST) facility
were suspended. The property and licenses were transferred to Tree Free
Fiber Company (TF). Subsequently, TF/ST requested several minor
revisions to the air emission license for the facility. On June 12,
1996, the Maine DEP issued air emission license A-195-71-G-M which
superseded a number of conditions found in the earlier license. For
example, license A-195-71-G-M requires TF/ST to reevaluate the RACT
alternatives within 6 months of the facility exceeding a capacity
utilization threshold of 3,000,000 gallons on a 12 month rolling
average basis of fuel oil burned. The license was submitted to EPA as a
SIP revision on July 1, 1997.
E. Alternative NOX RACT for Mid-Maine Waste Action
Corporation's Facility in Auburn, Maine
Mid-Maine Waste Action Corporation (MMWAC) has a facility in
Auburn, Maine which includes two refractory lined, mass-burn municipal
waste combustors (MWCs) which are subject to Chapter 138, section 3(G).
Mid-Maine Waste Action Corporation submitted a RACT application
pursuant to Chapter 138, section (I) which examined a number of
NOX control techniques. The NOX controls were
found to be technically and economically infeasible. On October 16,
1996, Maine issued license A-378-72-E-A, Amendment 2 to MMWAC
which was submitted to EPA as a SIP revision on July 1, 1997.
F. Alternative NOX RACT for Maine Energy Recovery Company in
Biddeford, Maine
Maine Energy Recovery Company (MERC) has a facility in Biddeford,
Maine which includes two refuse-derived fuel (RDF) boilers which are
subject to the NOX RACT emissions limit in Chapter 138,
section 3(F) for RDF units. In this case, the proposed alternative
NOX RACT determination expresses the emission standard in
another form and does not result in an increase in actual
NOX emissions from the NOX RACT limit defined in
Chapter 138. Therefore, it was not necessary that MERC analyze
alternative NOX control systems. Air emissions license A-46-
71-L-A was submitted to EPA as a SIP revision on July 1, 1997.
G. Miscellaneous and Alternative NOX RACT for Portsmouth
Naval Shipyard in Kittery, Maine
Portsmouth Naval Shipyard (PNSY) is subject to Chapter 138. The
NOX emitting equipment at the Kittery facility include four
boilers and eleven diesel fired internal combustion (IC) engines. PNSY
has eleven IC engines which operate more than 500 hours per year.
However, Chapter 138 does not define NOX RACT for engines
that operate more than 500 hours. Therefore, these engines are
considered miscellaneous stationary sources under Chapter 138, section
3(H). In February 1995, PNSY submitted to Maine a RACT analysis for the
eleven engines which examined a variety of NOX reducing
techniques. Of all the techniques studied, only the ignition timing
retard was shown to be economically and technically feasible for the
three air compressor engines. For the eight crane engines, however, a
number of safety concerns make even the use of ignition timing retard
technically infeasible as RACT.
The PNSY facility also has four boilers which are subject to
Chapter 138, section 3(B). Chapter 138 section 3(I), however, allows
owners of stationary sources at RACT subject facilities to apply for an
alternative RACT determination. As part of its alternative
NOX RACT application, PNSY examined a number of
NOX control techniques prior to the time when each boiler
will be converted to natural gas-firing.
[[Page 57152]]
On October 21, 1996, Maine DEP issued license A-452-71-D-A,
amendment 2, to PNSY which contained a schedule to convert the
four boilers to natural gas, requirements for the boilers to meet the
interim equipment standards and emission limits, as well as
requirements for the IC engines. On August 14, 1998, Maine submitted
the license A-452-71-D-A, amendment 2, to EPA as a SIP
revision. On July 25, 1997, Maine DEP issued license A-452-71-F-M,
amendment 4, to PNSY in which a minor revision was made to
include the boiler optimization procedures in the Order section of the
license (they were previously listed in the ``Findings of Fact''
section). On October 9, 1997, Maine submitted the license A-452-71-F-M,
amendment 4, to EPA as a SIP revision.
H. Capacity Limitations and the Testing, Monitoring, Recordkeeping, and
Reporting Requirements for S.D. Warren Company in Westbrook, Maine
S.D. Warren Company (S.D. Warren) has a facility in Westbrook,
Maine which is subject to Chapter 138. At the Westbrook facility, there
are three boilers for which S.D. Warren has requested capacity
limitations on Power Boiler 17 (PB 17), Power Boiler
18 (PB 18), and Power Boiler 20 (PB 20) in order to
avoid triggering the requirement for the installation and operation of
NOX continuous emission monitoring systems under Chapter
138, section 3(B). On June 12, 1996, Maine DEP issued S.D. Warren air
emission license A-29-71-Y-A, amendment 13, which limits the
firing capacities of each of these boilers.
Additionally, Chapter 138 does not define the testing, monitoring,
recordkeeping, and reporting requirements for all emission units at
facilities subject to the regulation. Therefore, on August 14, 1998,
Maine submitted to EPA air emission license A-29-71-Y-A, amendment
13, which contains the additional monitoring, recordkeeping,
and reporting requirements necessary to fully define RACT for the
boilers at S.D. Warren. The license was submitted to EPA as a SIP
revision on August 14, 1998.
I. Testing, Monitoring, Recordkeeping and Reporting Requirements for
FMC Corporation--Food Ingredients Division in Rockland, Maine
The FMC Corporation--Food Ingredients Division's (FMC) Rockland
facility is subject to Chapter 138. However, Chapter 138 does not
define the testing, monitoring, recordkeeping, and reporting
requirements for all the emission units at facilities subject to the
regulation. Therefore, on February 7, 1996, Maine issued air emission
license A-366-72-H-A, amendment 5, to FMC which defines
additional testing, monitoring, recordkeeping, and reporting
requirements for the three boilers. The license was submitted to EPA as
a SIP revision on August 14, 1998.
J. Alternative NOX RACT and Testing, Monitoring,
Recordkeeping and Reporting Requirements for the Chinet Company in
Waterville, Maine
Chinet Company's Waterville facility (Chinet) is subject to Chapter
138 of Maine's regulations. A number of boilers at the facility are
subject to the NOX RACT requirements of section 3(L) for
small boilers, including Boiler 1 and Boiler 4.
However, Boilers 1 and 4 are rarely used. Therefore,
Chinet has proposed that only if either of these boilers operates at a
capacity factor of greater than 2%, must they comply with the
requirements of section 3(L). If and when the threshold is exceeded,
Chinet proposed to comply with the requirements of section 3(L) at both
boilers within 90 days. On January 15, 1996, Maine issued air emission
license A-416-72-B-A to Chinet formalizing the capacity trigger for
Boilers 1 and 4, including the recordkeeping
requirements.
Also, Chapter 138 does not define the testing, monitoring,
recordkeeping, and reporting requirements for Boiler 5 at
Chinet's Waterville facility. Therefore, on January 18, 1996, Maine
issued air emission license A-416-72-B-A to Chinet which defines the
testing, monitoring, recordkeeping, and reporting requirements for
Boiler 5. The final license for Chinet was submitted to EPA as
a SIP revision on August 14, 1998.
K. Testing, Monitoring, Recordkeeping and Reporting Requirements for
Scott Paper Company in Winslow, Maine
Scott Paper Company's Winslow Facility (Scott) is subject to
Chapter 138. However, Chapter 138 does not define the testing,
monitoring, recordkeeping, and reporting requirements for Boiler
1, Boiler 2, and Boiler 4 at Scott.
Therefore, on November 15, 1995, Maine issued air emission license A-
188-72-E-A, amendment 2, to Scott which defines additional
testing, monitoring, recordkeeping, and reporting requirements for
Boilers 1, 2, and 4. The license was
submitted to EPA as a SIP revision on August 14, 1998.
L. Testing, Monitoring, Recordkeeping and Reporting Requirements for
FPL Energy's (formerly Central Maine Power) W.F. Wyman Station in
Yarmouth, Maine
FPL Energy's W.F. Wyman Station in Yarmouth (FPL) is subject to
Chapter 138. However, Chapter 138 does not define the testing,
monitoring, recordkeeping, and reporting requirements for Boiler
5. Therefore, on May 18, 1995, and February 16, 1996, Maine
issued air emission license A-388-71-C-A, amendment 1, and A-
388-71-D-M, amendment 1, respectively, to FPL which define
additional testing, monitoring, recordkeeping, and reporting
requirements for Boiler 5. The licenses were submitted to EPA
as SIP revisions on August 14, 1998.
IV. What Is the Relationship Between the Chapter 138 NOX
RACT Rule and the Chapter 117 Source Surveillance Rule?
For large boilers, mid-size boilers with input capacities greater
than 200 mmBtu/hour, kraft recovery boilers, MgO recovery boilers, mass
burn and RDF incinerators, and units using emissions averaging for
compliance, Chapter 138 requires the source to demonstrate compliance
through the use of a NOX CEMS that satisfies the
requirements of Chapter 117. Chapter 117 was first adopted by Maine on
August 9, 1988 and approved it into the SIP on March 21, 1989. Chapter
117 contains the performance specifications, record keeping, reporting,
and compliance schedule requirements for NOX sources.
On May 9, 1994, Maine revised Chapter 117 and submitted the adopted
revisions to EPA on June 20, 1994. The revised Chapter 117 contains
additional performance specifications, recordkeeping, reporting,
compliance schedule, quality assurance/quality control, data
availability, and compliance/enforcement requirements which apply to
sources using a CEMS. The current, revised state version of Chapter 117
would apply to sources covered by Chapter 138. Through a separate
rulemaking in the future the EPA will take action on the revised
version Chapter 117.
V. What Are the Administrative Requirements?
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not
[[Page 57153]]
subject to Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely approves state law as meeting
Federal requirements and imposes no additional requirements beyond
those imposed by state law. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 8, 2002. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: August 16, 2002.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart U--Maine
2. Section 52.1020 is amended by adding paragraphs (c)(46) and
(c)(47) to read as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(46) Revision to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994.
(i) Incorporation by reference.
(A) Chapter 138 of the Maine Department of Environmental Protection
Regulations, ``Reasonably Available Control Technology For Facilities
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland,
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This
rule was adopted and effective in the State of Maine on August 3, 1994.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(47) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 1, 1997, October
9, 1997, and August 14, 1998.
(i) Incorporation by reference.
(A) Air emission license A-388-71-C-A, Amendment 1,
condition (q); and A-388-71-D-M, amendment 1, conditions 19
and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman
Station issued by Maine Department of Environmental Protection on May
18, 1995, and February 16, 1996, respectively.
(B) Air emission licenses A-195-71-G-M, Amendment 1, and
A-195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and
conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber
Company, LLC, (formerly Statler Industries Inc.) issued by Maine
Department of Environmental Protection on June 12, 1996, and, June 16,
1995, respectively.
(C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2),
(II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M,
Amendment 2, condition (14)(k), for Pioneer Plastics
Corporation issued by Maine Department of Environmental Protection on
August 23, 1995, and March 10, 1997, respectively.
(D) Air emission license A-188-72-E-A, Amendment 2,
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott
Paper Company issued by Maine Department of Environmental Protection on
November 15, 1995.
[[Page 57154]]
(E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b,
3c, 3e, and (m) for The Chinet Company issued by Maine Department of
Environmental Protection on January 18, 1996.
(F) Air emission license A-366-72-H-A, Amendment 5,
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--
Food Ingredients Division issued by Maine Department of Environmental
Protection on February 7, 1996.
(G) Air emission licenses A-326-72-N-A, Amendment 5, and
A-326-71-P-M, Amendment 7, for Dragon Products Company, Inc.,
issued by Maine Department of Environmental Protection on June 5, 1996,
and March 5, 1997, respectively.
(H) Air emission license A-29-71-Y-A, Amendment 13,
conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by
Maine Department of Environmental Protection on June 12, 1996.
(I) Air emission license A-378-72-E-A, Amendment 2, for
Mid-Maine Waste Action Corporation issued by Maine Department of
Environmental Protection on October 16, 1996.
(J) Air emission licenses A-452-71-D-A, Amendment 2,
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M,
Amendment 4, condition 4 for Portsmouth Naval Shipyard issued
by Maine Department of Environmental Protection on October 21, 1996,
and July 25, 1997, respectively.
(K) Air emission license A-46-71-L-A, Amendment 4, for
Maine Energy Recovery Company issued by Maine Department of
Environmental Protection on November 12, 1996.
(ii) Additional materials.
(A) Letters from the Maine Department of Environmental Protection
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting
case-specific NOX RACT determinations.
3. In Sec. 52.1031 Table 52.1031 is amended by adding new entries
under the existing state citation Chapter 138 to read as follows:
Sec. 52.1031--EPA--approved Maine Regulations
* * * * *
Table 52.1031--EPA-Approved Rules and Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date adopted by Date approved
State citation Title/Subject State by EPA Federal Register citation 52.1020
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
138.................. NOX RACT............ 8/3/94 9/9/02 [Insert FR citation from (c)(46).......... Affects sources in
published date]. York, Cumberland,
Sagadahoc,
Androscoggin,
Kennebec, Lincoln,
and Knox counties.
138.................. NOX RACT............ 5/18/95 & 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
2/16/96 published date]. RACT for FPL
Energy's (formerly
Central Maine
Power) W.F. Wyman
Station.
138.................. NOX RACT............ 6/16/95 & 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
6/12/96 published date]. RACT for Tree Free
Fiber Company,
LLC. (formerly
Statler Tissue).
138.................. NOX RACT............ 8/23/95 & 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
3/10/97 published date]. RACT for Pioneer
Plastics
Corporation.
138.................. NOX RACT............ 11/15/95 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for Scott
Paper Company.
138.................. NOX RACT............ 1/18/96 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for Chinet
Company. date]
138.................. NOX RACT............ 2/7/96 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for FMC
Corporation--Food
from Ingredients
Division.
138.................. NOX RACT............ 6/5/96 & 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
3/5/97 published date]. FR RACT for Dragon
Products Company,
Inc.
138.................. NOX RACT............ 6/12/96 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for S.D.
Warren Company.
138.................. NOX RACT............ 10/16/96 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for Mid-Maine
Waste Action
Corporation.
138.................. NOX RACT............ 10/21/96 & 9/9/92 [Insert FR citation from (c)(47).......... Case-specific NOX
7/25/97 published date]. RACT for
Portsmouth Naval
Shipyard.
138.................. NOX RACT............ 11/12/96 9/9/02 [Insert FR citation from (c)(47).......... Case-specific NOX
published date]. RACT for Maine
Energy Recovery
Company.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 57155]]
[FR Doc. 02-22359 Filed 9-6-02; 8:45 am]
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