Collapse to view only § 52.1024 - Attainment dates for national standards.

§ 52.1019 - Identification of plan—conditional approval.

(a) 1997 PM2.5 NAAQS: The SIP submitted September 10, 2008, with a supplement submitted on June 1, 2011, was previously conditionally approved (see Final Rule published October 16, 2012; 77 FR 63228) for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it relates to the PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This conditional approval is contingent upon Maine taking actions to meet requirements of these elements within one year of conditional approval, as committed to in letters from the state to EPA Region 1 dated June 13, 2012, and June 30, 2012. EPA approved a submittal, related to the Conflict of Interest requirements, and converted the conditional approval of elements 110(a)(2)(A) and E(ii) on May 13, 2021; and

(b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009, with a supplement submitted on June 1, 2011, was previously conditionally approved (see Final Rule published October 16, 2012; 77 FR 63228) for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This conditional approval is contingent upon Maine taking actions to meet requirements of these elements within one year of conditional approval, as committed to in letters from the state to EPA Region 1 dated June 13, 2012, and June 30, 2012. EPA approved a submittal, related to the Conflict of Interest requirements, and converted the conditional approval of elements 110(a)(2)(A) and E(ii) on May 13, 2021.

(c)-(g) [Reserved]

[86 FR 26182, May 13, 2021]

§ 52.1020 - Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Maine under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2008, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2008, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of September 1, 2008.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA-Approved Maine Regulations

State citation Title/Subject State
effective date
EPA Approval Date
EPA approval date
and citation 1
Explanations Chapter 1Regulations for the Processing of Applications5/20/19853/23/1993, 58 FR 15422Portions of Chapter 1. EPA did not approve the following sections of Chapter One: Section 1(A) through 1(Q), and 1(U) through 1(EE); Section 2; Section 4 (C) and (D); last sentence of Section 5(B); last sentence of Section 6(B); Section 6(D); Section 7(B)(1), (B)(2), and (B)(4) through (B)(11); Section 8(A), and 8(E) through 8(L); Sections 9, 10 and 11; Section 13; and Sections 15 and 16. Chapter 100Definitions2/9/202111/4/2021, 86 FR 60775Amend the definition of Ozone Transport Region. Chapter 101Visible Emissions10/10/19792/17/1982, 47 FR 6829 Chapter 102Open Burning3/17/20052/21/2008, 73 FR 9459 Chapter 103Fuel Burning Equipment Particular Emission Standard1/24/19832/26/1985, 50 FR 7770 Chapter 104Incinerator Particulate Emission Standard1/31/19725/31/1972, 37 FR 10842 Chapter 105General Process Source Particulate Emission Standard1/31/19725/31/1972, 37 FR 10842 Chapter 106Low Sulfur Fuel Regulations2/8/19781/8/1982, 47 FR 947 Chapter 107Sulfur Dioxide Emission Standards for Sulfate Pulp Mills1/31/19725/31/1972, 37 FR 10842 Chapter 109Emergency Episode Regulation8/14/19911/12/1995, 60 FR 2885 Chapter 110Ambient Air Quality Standards3/27/20195/13/2021, 86 FR 26181This submittal converts to full approval pre-existing conditional approvals for CAA section 110(a)(2)(A) for the 1997 and 2006 PM2.5 standards. Chapter 111Petroleum Liquid Storage Vapor Control9/29/199911/5/2014, 79 FR 65589 Chapter 112Bulk Terminal Petroleum Liquid Transfer Requirements2/22/199811/5/2014, 79 FR 65589 Chapter 113Growth Offset Regulation1/14/201911/4/2021, 86 FR 60775Revisions to Sections 1 and 2 of the previously approved rule. Chapter 114Classification of Air Quality Control Regions8/29/20126/24/2014, 79 FR 35698 Chapter 115Emission License Regulation11/6/20128/1/2016, 81 FR 50357 Chapter 116Prohibited Dispersion Techniques10/25/19893/23/1993, 58 FR 15422 Chapter 117Source Surveillance8/9/19883/21/1989, 54 FR 11524 Chapter 118Gasoline Dispensing Facilities Vapor Control1/1/20127/14/2017, 82 FR 32480Includes decommissioning of Stage II vapor recovery systems. Chapter 119Motor Vehicle Fuel Volatility Limit7/15/20156/2/2021, 86 FR 29520Removes references from the SIP for the requirement to sell reformulated gasoline in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln counties. Chapter 120Gasoline Tank Trucks6/22/19946/29/1995, 60 FR 33730 Chapter 123Control of Volatile Organic Compounds from Paper, Film, and Foil Coating Operations5/18/20105/22/2012, 77 FR 30216. Chapter 126Capture Efficiency Test Procedures5/22/19913/22/1993, 58 FR 15281 Chapter 126 Appendix ACapture Efficiency Test Procedures5/22/19913/22/1993, 58 FR 15281Appendix. Chapter 127 and Appendix ANew Motor Vehicle Emission Standards5/19/20159/7/2017, 82 FR 42233Includes LEV II GHG and ZEV provisions, and Advanced Clean Cars program (LEV III, updated GHG and ZEV standards). Chapter 129Surface Coating Facilities7/7/20155/26/2016, 81 FR 33397Added requirements for metal parts and plastic parts coating operations. Chapter 129 Appendix ASurface Coating Facilities1/6/19936/17/1994, 59 FR 31154Appendix. Chapter 130Solvent Cleaners6/17/20045/26/2005, 70 FR 30367 Chapter 131Cutback Asphalt and Emulsified Asphalt9/15/20095/22/2012, 77 FR 30216. Chapter 132Graphic Arts: Rotogravure and Flexography1/6/19936/17/1994, 59 FR 31154 Chapter 132 Appendix AGraphic Arts: Rotogravure and Flexography1/6/19936/17/1994, 59 FR 31154Appendix. Chapter 133Gasoline Bulk Plants6/22/19946/29/1995, 60 FR 33730 Chapter 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds2/8/19954/18/2000, 65 FR 20749Regulations fully approved for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostock, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. Chapter 137Emission Statements11/8/20085/1/2017, 82 FR 20257The entire chapter is approved with the exception of HAP and greenhouse gas reporting requirements which were withdrawn from the State's SIP revision: Sections 1(C), (E), and (F); Definitions 2(A) through (F) and (I); Sections 3(B) and (C); the last sentence of Section 4(D)(5); and Appendix A and B. Chapter 138Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides8/3/19949/9/2002, 67 FR 57148Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. Chapter 139Transportation Conformity9/19/20072/8/2008, 73 FR 7465 Chapter 145NOX Control Program6/21/20013/10/2005, 70 FR 11879 Chapter 148Emissions from Smaller-Scale Electric Generating Resources7/15/20045/26/2005, 70 FR 30373 Chapter 149General Permit Regulation for Nonmetallic Mineral Processing Plants4/27/201410/9/2015, 80 FR 61118All of Chapter 149 is approved with the exception of the “director discretion” provisions in sections 5(A)(8), 5(A)(9)(a), and 5(A)(9)(b), and the opacity provisions in sections 5(A)(15), 5(C)(7), and 5(E), which were formally withdrawn from consideration as part of the SIP. Chapter 150Control of Emissions from Outdoor Wood Boilers4/11/20104/24/2012, 77 FR 24385 Chapter 151Architectural and Industrial Maintenance (AIM) Coatings10/6/20053/17/2006, 71 FR 13767 Chapter 152Control of Volatile Organic Compounds from Consumer Products12/15/20075/22/2012, 77 FR 30216. Chapter 153Mobile Equipment Repair and Refinishing2/5/20045/26/2005, 70 FR 30367 Chapter 154Control of Volatile Organic Compounds from Flexible Package Printing7/20/201011/5/2014, 79 FR 65589 Chapter 155Portable Fuel Container Spillage Control7/14/20042/7/2005, 70 FR 6352With the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision. Chapter 159Control of Volatile Organic Compounds from Adhesives and Sealants6/2/201411/5/2014, 79 FR 65589 Chapter 161Graphic Arts—Offset Lithography and Letterpress Printing4/6/20105/22/2012, 77 FR 30216. Chapter 162Fiberglass Boat Manufacturing Materials7/30/20135/26/2016, 81 FR 33397 Chapter 164General Permit Regulation for Concrete Batch Plants4/27/201410/9/2015, 80 FR 61118All of Chapter 164 is approved with the exception of the “director discretion” provisions in sections 5(C)(2), 5(C)(3)(a), and 5(C)(3)(b), and the opacity provisions in sections 5(A)(10), 5(B)(3), 5(B)(4), 5(E), 5(F)(5) and 5(G)(4), which were formally withdrawn from consideration as part of the SIP. Vehicle I/MVehicle Inspection and Maintenance7/9/19981/10/2001, 66 FR 1871“Maine Motor Vehicle Inspection Manual,” revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g. Vehicle I/MVehicle Inspection and Maintenance7/9/19981/10/2001, 66 FR 1871Maine Motor Vehicle Inspection and Maintenance authorizing legislation effective July 9, 1998 and entitled L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.” 38 MRSA § 603-A sub § 2(A)“An Act To Improve Maine's Air Quality and Reduce Regional Haze at Acadia National Park and Other Federally Designated Class I Areas”9/12/20094/24/2012, 77 FR 24385Only approving Sec. 1. 38 MRSA § 603-A, sub-§ 2, (2) Prohibitions. 5 MRSA Section 18Disqualification of Executive Employees from Participation in Certain Matters7/1/20036/18/2018, 83 FR 28157Conflict of Interest Provisions. 38 MRSA Section 341-C(7)Board Membership Conflict of Interest8/11/20006/18/2018, 83 FR 28157Conflict of Interest Provisions. 38 MRSA Section 341-A(3)(D)Department of Environmental Protection Commissioner6/15/20115/13/2021, 86 FR 26181Conflict-of-interest provisions. 38 MRSA Section 341-C(2) and 341-C(8)Board Membership qualifications and requirements and federal standards9/19/20195/13/2021, 86 FR 26181Conflict-of-interest provisions. Sections 341-C(2) and 341-C(8) are approved except 341-C(8)(A). Chapter 166Industrial Cleaning Solvents8/22/20188/7/2019, 84 FR 38558 38 M.R.S. § 585-N as amended by Public Law 2019, c. 55, § 1Reformulated gasoline11/1/20206/2/2021, 86 FR 29520Repeals the section of the statute which requires retailers in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox and Lincoln counties in Maine to only sell reformulated gasoline.

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

(d) EPA-approved State Source specific requirements.

EPA-Approved Maine Source Specific Requirements

Name of source Permit number State
effective date
EPA approval date 2Explanations Central Maine Power, W.F. Wyman Station, Cousins Island, Yarmouth, MaineDepartment Finding of Fact and Order Air Emission License1/1/19771/8/1982, 47 FR 947 Lincoln Pulp and Paper Company, Kraft Pulp Mill, (Lincoln, Maine)Air Emission License Renewal; and New License for No. 6 Boiler3/9/19835/1/1985, 50 FR 18483 Portsmouth Naval Shipyard, York County, Kittery, MaineAir Emission License Amendment #4 A-452-71-F-M7/25/19974/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on July 25, 1997. Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineAir Emission License Amendment #3 A-448-71-P-A6/16/19974/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on June 16, 1997. Champion International Corporation, Hancock County, Bucksport, MaineAir Emission License Amendment #5 A-22-71-K-A1/19/19964/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on January 18, 1996. International Paper Company, Franklin County, Jay, MaineAir Emission License Amendment #8 A-203-71-R-A10/4/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 4, 1995. International Paper Company, Franklin County, Jay, MaineAir Emission License Amendment #9 A-203-71-S-M12/13/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 13, 1995. James River Corporation, Penobscot County, Old Town, MaineAir Emission License Minor Revision/ Amendment #6 A-180-71-R-M12/11/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 8, 1995. Lincoln Pulp and Paper Company, Penobscot County, Lincoln, MaineAir Emission License Amendment #8 A-177-71-J-M12/19/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 18, 1995. S.D. Warren Paper Company, Cumberland County, Westbrook, MaineAir Emission License Minor Revision/ Amendment #14 A-29-71-Z-M12/19/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 18, 1995. S.D. Warren Paper Company, Somerset County, Skowhegan, MaineAir Emission License Amendment #14 A-19-71-W-M10/4/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 4, 1995. S.D. Warren Paper Company, Somerset County, Skowhegan, MaineAir Emission License Amendment #15 A-19-71-Y-M1/10/19964/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on January 9, 1996. Boise Cascade Corporation, Oxford County, Rumford, MaineAir Emission License Amendment #11 A-214-71-X-A12/21/19954/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 20, 1995. Bath Iron Works Corporation, Sagadahoc County, Bath, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #10 A-333-71-M-M4/11/20015/20/2002, 67 FR 35439VOC RACT determination for Bath Iron Works. United Technologies Pratt & Whitney, York County, North Berwick, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #6 A-453-71-N-M4/26/20015/20/2002, 67 FR 35439VOC RACT determination for Pratt & Whitney. United Technologies Pratt & Whitney, York County, North Berwick, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #7 A-453-71-O-M7/2/20015/20/2002, 67 FR 35439VOC RACT determination for Pratt & Whitney. Central Maine Power Company, W.F. Wyman Station, Cumberland County, Yarmouth, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-388-71-C-A5/18/19959/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-388-71-C-A, Amendment #1, condition (q) for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station. Central Maine Power Company, W.F. Wyman Station, Cumberland County, Yarmouth, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-388-71-D-M2/16/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-388-71-D-M, amendment #1, conditions 19 and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station. Tree Free Fiber Company, LLC, Kennebec County, Augusta, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-195-71-G-M6/12/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-195-71-G-M, Amendment #1, for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.). Tree Free Fiber Company, LLC, Kennebec County, Augusta, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-195-71-D-A/R6/16/19959/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license 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.). Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License A-448-72-K-A/R8/23/19959/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-448-72-K-A/R, paragraphs (II)(D)(2), (II)(D)(3) and conditions (13)(f) and 14(k) for Pioneer Plastics Corporation. Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-448-71-O-M3/10/19979/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-448-71-O-M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation. Scott Paper Company, Kennebec County, Winslow, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-188-72-E-A11/15/19959/9/2002, 67 FR 57148Case-specific NOX RACT. 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. The Chinet Company, Kennebec County, Waterville, MaineDepartmental Finding of Fact and Order Air Emission License A-416-72-B-A1/18/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 3c, 3e, and (m) for The Chinet Company. FMC Corporation-Food Ingredients Division, Knox County, Rockland, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #5 A-366-72-H-A2/7/19969/9/2002, 67 FR 57148Case-specific NOX RACT. 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. Dragon Products Company, Inc., Knox County, Thomaston, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #5 A-326-72-N-A6/5/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Dragon Products Company, Inc., Knox County, Thomaston, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #7 A-326-71-P-M3/5/19979/9/2002, 67 FR 57148Case-specific NOX RACT. S.D. Warren Paper Company, Cumberland County, Westbrook, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #13 A-29-71-Y-A6/12/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-29-71-Y-A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company. Mid-Maine Waste Action Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-378-72-E-A10/16/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Portsmouth Naval Shipyard, York County, Kittery, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-452-71-D-A10/21/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-452-71-D-A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20 for Portsmouth Naval Shipyard. Portsmouth Naval Shipyard, York County, Kittery, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #4 A-452-71-F-M7/25/19979/9/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-452-71-F-M, Amendment #4, condition 4 for Portsmouth Naval Shipyard. Maine Energy Recovery Company, York County, Biddeford, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #4 A-46-71-L-A11/12/19969/9/2002, 67 FR 57148Case-specific NOX RACT. Katahdin Paper CompanyA-406-77-3-M7/8/20094/24/2012, 77 FR 24385Approving license conditions (16) A, B, G, and H. Rumford Paper CompanyA-214-77-9-M1/8/20104/24/2012, 77 FR 24385 Verso Bucksport, LLCA-22-77-5-M11/2/20104/24/2012, 77 FR 24385 Woodland Pulp, LLCA-214-77-2-M11/2/20104/24/2012, 77 FR 24385 FPL Energy Wyman, LLC & Wyman IV, LLCA-388-77-2-M11/2/20104/24/2012, 77 FR 24385 S. D. Warren CompanyA-19-77-5-M11/2/20104/24/2012, 77 FR 24385 Verso Androscoggin, LLCA-203-77-11-M11/2/20104/24/2012, 77 FR 24385 Red Shield Environmental, LLCA-180-77-1-A11/29/20074/24/2012, 77 FR 24385 Reckitt Benckiser's Air Wick Air Freshener Single Phase Aerosol SprayAlternative Control Plan4/23/20137/19/2017, 82 FR 33014Issued pursuant to Chapter 152 Control of Volatile Organic Compounds from Consumer Products.

2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

(e) Nonregulatory.

Maine Non Regulatory

Name of non regulatory SIP provision Applicable
geographic or nonattainment area
State submittal date/effective date EPA approved date 3Explanations Impact of Projected Growth for Next 10 Years on Air Quality for Maine Standard Metropolitan Statistical AreasMaine's Standard Metropolitan Statistical Areas6/26/19744/29/1975, 40 FR 18726 Incinerator Emission Standard—Regulation Implementation Plan Change, Findings of Fact and OrderMaine5/21/19754/10/1978, 43 FR 14964Revision to incinerator particulate emission standard which would exempt wood waste cone burners from the plan until 1980. Incinerator Emission Standard—Regulation and Implementation Plan Change, Findings of Fact and OrderMaine9/24/19754/10/1978, 43 FR 14964Revision to incinerator particulate emission standard which would exempt municipal waste cone burners from the plan until 1980. Air Quality SurveillanceMaine3/10/19783/23/1979, 44 FR 17674Revision to Chapter 5 of the SIP. New Sources and ModificationsMaine3/10/19783/23/1979, 44 FR 17674Revision to Chapter 6 of the SIP. Review of New Sources and ModificationsMaine12/19/19791/30/1980, 45 FR 6784Revision to Chapter 6 of the SIP. Revisions to State Air Implementation Plan as Required by the Federal Clean Air ActMaine3/28/19792/19/1980, 45 FR 10766Includes Control Strategies for Particulates, Carbon Monoxide, and ozone. Plan for Public Involvement in Federally Funded Air Pollution Control ActivitiesMaine5/28/19809/9/1980, 45 FR 59314A plan to provide for public involvement in federally funded air pollution control activities. Air Quality SurveillanceMaine7/1/19801/22/1981, 46 FR 6941Revision to Chapter 5 of the SIP. Attain and Maintain the NAAQS for LeadMaine11/5/19808/27/1981, 46 FR 43151Control Strategy for Lead. Revision to Chapter 2.5. Establishment of Air Quality Control Sub-RegionMetropolitan Portland Air Quality Control Region10/30/19751/8/1982, 47 FR 947Department Findings of Fact and Order—Sulfur Dioxide Control Strategy. Sulfur Dioxide Control Strategy—Low Sulfur Fuel RegulationPortland-Peninsula Air Quality Control Region10/30/19751/8/1982, 47 FR 947Department Findings of Fact and Order—Implementation Plan Revision. Letter from the Maine DEP documenting the December 1990 survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut-off in Chapter 112Maine6/3/19912/3/1992, 57 FR 3046. Withdrawal of Air Emission Licenses for: Pioneer Plastics; Eastern Fine Paper; and S.D. Warren, WestbrookMaine10/3/19902/3/1992, 57 FR 3046Department of Environmental Protection Letter dated December 5, 1989, withdrawing three source-specific licenses as of October 3, 1990. Portions of Chapter 1 entitled “Regulations for the Processing of Applications”Maine2/8/19843/23/1993, 58 FR 15422. Review of New Sources and ModificationsMaine11/6/19893/23/1993, 58 FR 15422Revision to Chapter 6 of the SIP. Letter from the Maine DEP regarding implementation of BACTMaine5/1/19893/23/1993, 58 FR 15422. Review of New Sources and ModificationsMaine11/2/19903/18/1994, 59 FR 12853Revision to Chapter 6 of the SIP. Joint Memorandum of Understanding (MOU) Among: City of Presque Isle; ME DOT and ME DEPCity of Presque Isle, Maine3/11/19911/12/1995, 60 FR 2885Part B of the MOU which the Maine Department of Environmental Protection (ME DEP) entered into with the City of Presque Isle, and the Maine Department of Transportation (ME DOT). Maine State Implementation Plan to Attain the NAAQS for Particulate Matter (PM10) Presque Isle MaineCity of Presque Isle, Maine8/14/19911/12/1995, 60 FR 2885An attainment plan and demonstration which outlines Maine's control strategy for attainment of the PM10 NAAQS and implement RACM and RACT requirements for Presque Isle. Memorandum of Understanding among: City of Presque Isle; ME DOT and ME DEPCity of Presque Isle, Maine5/25/19948/30/1995, 60 FR 45056Revisions to Part B of the MOU which the ME DEP entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the ME DOT. Maintenance Demonstration and Contingency Plan for Presque IsleCity of Presque Isle, Maine4/27/19948/30/1995, 60 FR 45056A maintenance demonstration and contingency plan which outline Main's control strategy maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle. Letter from the Maine DEP dated July 7, 1994, submitting Small Business Technical Assistance ProgramMaine7/7/19949/12/1995, 60 FR 47285Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP. Revisions to the SIP for the Small Business Stationary Source Technical and Environmental Compliance Assistance ProgramMaine Statewide5/12/19949/12/1995, 60 FR 47285Revisions to the SIP for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program Dated July 12, 1994 and effective on May 11, 1994. Corrected page number 124 of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program SIPMaine8/16/19949/12/1995, 60 FR 47285Letter from ME DEP dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision. Negative Declaration for Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline CategoriesMaine Statewide11/15/19944/18/2000, 65 FR 20749Letter from ME DEP dated November 15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline Categories. Letter from the Maine Department of Environmental Protection regarding Control of Motor Vehicle Pollution (Inspection and Maintenance Program)Greater Portland Metropolitan Statistical Area11/19/19981/10/2001, 66 FR 1875Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to the Maine SIP. State of Maine Implementation Plan for Inspection/Maintenance dated November 11, 1998Greater Portland Metropolitan Statistical Area11/11/19981/10/2001, 66 FR 1875Maine Motor Vehicle Inspection and Maintenance Program. Letter from the Maine DEP submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the SIPSouthern Maine5/29/20013/6/2002, 67 FR 10099Letter from the Maine Department of Environmental Protection dated May 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan. Application for a Waiver of Federally-Preempted Gasoline StandardsSouthern Maine5/25/20013/6/2002, 67 FR 10099Additional technical support. Letter from the Maine DEP dated July 1, 1997, submitting case-specific NOX RACT determinationsMaine7/1/19979/9/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP. Letter from the Maine DEP dated October 9, 1997, submitting case-specific NOX RACT determinationsMaine10/9/19979/9/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP. Letter from the Maine DEP dated August 14, 1998, submitting case-specific NOX RACT determinationsMaine8/14/19989/9/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP. Chapter 127 Basis StatementMaine12/31/20004/28/2005, 70 FR 21959. Correspondence from Maine DEP indicating which portions of Chapter 137 should not be incorporated into the State's SIPMaine6/6/200611/21/2007, 72 FR 65462Correspondence from David W. Wright of the Maine DEP indicating which portions of Chapter 137 Emission Statements should not be incorporated into the State's SIP. State of Maine MAPA 1 form for Chapter 139 Transportation ConformityMaine nonattainment areas, and attainment areas with a maintenance plan9/10/20072/08/2008, 73 FR 7465Certification that the Attorney General approved the Rule as to form and legality. Amendment to Chapter 141 Conformity of General Federal ActionsMaine nonattainment areas, and attainment areas with a maintenance plan4/19/20072/20/2008, 73 FR 9203Maine Department of Environmental Protection amended its incorporation-by-reference within Chapter 141.2 to reflect EPA's revision to the Federal General Conformity Rule for fine particulate matter promulgated on July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853 Applicability. State of Maine MAPA 1 form for Chapter 102 Open Burning RegulationMaine1/3/20032/21/2008, 73 FR 9459Certification that the Attorney General approved the Rule as to form and legality. Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality StandardState of Maine1/3/20087/8/2011, 76 FR 40258This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). Maine Regional Haze SIP and its supplementsStatewide12/9/2010
supplements submitted
9/14/2011
11/9/2011
4/24/2012, 77 FR 24385 Reasonably Available Control Technology Demonstration (RACT) for the 1997 8-hour Ozone National Ambient Air Quality StandardStatewideSubmitted
8/27/2009
5/22/2012, 77 FR 30216. Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide9/10/2008;
supplement submitted
6/1/2011
10/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2) (B), (C) (enforcement program only), (D)(i)(I), (D)(i)(II) (visibility only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M). Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide7/27/2009;
supplement submitted
6/1/2011
10/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2) (B), (C) (enforcement program only), (D)(i)(I), (D)(i)(II) (visibility only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M). Negative Declarations for Large Appliance Coatings and Automobile and Light-Duty Truck Assembly Coatings Control Technique GuidelinesMaine Statewide4/23/20135/26/2016, 81 FR 33397 Transport SIP for the 2008 Ozone StandardStatewideSubmitted
10/26/2015
10/13/2016, 81 FR 70632State submitted a transport SIP for the 2008 ozone standard which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Transport SIP for the 1997 Ozone StandardStatewideSubmitted
4/24/2008
4/10/2017, 82 FR 17124State submitted a transport SIP for the 1997 ozone standards which shows it does not significantly contribute to ozone nonattainment or maintenance in any other state. EPA approved this submittal as meeting the requirements of Clean Air Act Section 110(a)(2)(D)(i)(I). Demonstration of Compliance with the Comparable Measures Requirement of CAA section 184(b)(2)York, Cumberland, and Sagadahoc Counties4/13/20167/14/2017, 82 FR 32480Emission calculations and narrative associated with Stage II Decommissioning SIP revision. Regional Haze 5-Year Progress ReportStatewide2/23/20169/19/2017, 82 FR 43699Progress report for the first regional haze planning period ending in 2018. Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 2008 Lead (Pb) National Ambient Air Quality StandardState of Maine8/21/20126/18/2018, 83 FR 28157This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D), (E) except for State Boards, (F), (G), (H), (J), (K), (L), and (M). Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality StandardState of Maine6/7/20136/18/2018, 83 FR 28157This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D) except for D(1), (E) except for State Boards, (F), (G), (H), (J), (K), (L), and (M). Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide (NO2) National Ambient Air Quality StandardState of Maine4/23/20136/18/2018, 83 FR 28157This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D) except for D(1), (E) except for State Boards, (F), (G), (H), (J), (K), (L), and (M). Interstate Transport SIP to meet Infrastructure Requirements for the 2010 1-hour NO2 NAAQSStatewide2/21/20188/13/2018, 83 FR 39892This approval addresses Prongs 1 and 2 of CAA section 110(a)(2)(D)(i)(I) only. Submittals to meet Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQSStatewide7/6/201610/1/2018, 83 FR 49295These submittals are approved with respect to the following CAA elements or portions thereof: 110(a)(2) (A), (B), (C), (D), (E)(i), (F), (G), (H), (J), (K), (L), and (M), and conditionally approved with respect to (E)(ii) regarding State Boards and Conflicts of Interest. Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards.State of Maine4/19/20174/30/2019, 84 FR 18142This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D), (E)(i), (F), (G), (H), (J), (K), (L), and (M), and conditionally approved with respect to E(ii) regarding State Boards and Conflicts of Interest. Reasonably Available Control Technology (RACT) for the 2008 8-hour Ozone National Ambient Air Quality StandardStatewideSubmitted 9/4/20188/7/2019, 84 FR 38558 Portland Area Second 10-Year Limited Maintenance Plans for 1997 Ozone NAAQSPortland Area2/18/202010/14/2020, 85 FR 649692nd maintenance plan for 1997 ozone standard. Midcoast Area Second 10-Year Limited Maintenance Plans for 1997 Ozone NAAQSMidcoast area2/18/202010/14/2020, 85 FR 649692nd maintenance plan for 1997 ozone standard. Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality StandardStatewide2/14/20205/13/2021, 86 FR 26181This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D), except (D)(i)(I); (E); (F); (G); (H); (J); (K); (L); and (M). Conflict of Interest StatuteStatewideSubmitted
9/4/2019
5/13/2021, 86 FR 26181This submittal converts to full approval pre-existing conditional approvals for CAA section 110(a)(2)(E)(ii), regarding State Boards and Conflict of interest for the following standards: 2008 Lead, 2008 Ozone, 2010 NO2, 2010 SO2, 1997 PM2.5, 2006 PM2.5, and 2012 PM2.5. Negative declaration for the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry for the 2008 and 2015 ozone standardsStatewide5/18/20205/13/2021, 86 FR 26181Letter from ME DEP dated May 18, 2020, stating a negative declaration for the 2016 Control Techniques Guidelines for the Oil and Natural Gas Industry.

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

[73 FR 56973, Oct. 1, 2008, as amended at 76 FR 40257, July 8, 2011; 76 FR 49671, Aug. 11, 2011; 77 FR 24390, Apr. 24, 2012; 77 FR 30217, May 22, 2012; 77 FR 63232, Oct. 16, 2012; 79 FR 35698, June 24, 2014; 79 FR 65589, Nov. 5, 2014; 80 FR 61118, Oct. 9, 2015; 80 FR 73122, Nov. 24, 2015; 81 FR 33397, May 26, 2016; 81 FR 50357, Aug. 1, 2016; 81 FR 70632, Oct. 13, 2016; 82 FR 17126, Apr. 10, 2017; 82 FR 20259, May 1, 2017; 82 FR 32482, July 14, 2017; 82 FR 33013, 33016, July 19, 2017; 82 FR 42235, Sept. 7, 2017; 82 FR 43701, Sept. 19, 2017; 83 FR 28160, June 18, 2018; 83 FR 39894, Aug. 13, 2018; 83 FR 49296, Oct. 1, 2018; 84 FR 18144, Apr. 30, 2019; 84 FR 38560, Aug. 7, 2019; 85 FR 64970, Oct. 14, 2020; 86 FR 26183, May 13, 2021; 86 FR 29522, June 2, 2021; 86 FR 60775, Nov. 4, 2021]

§ 52.1021 - Classification of regions.

The Maine plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone Metropolitan Portland IntrastateIIIIIIIIIIII Androscoggin Valley InterstateIAIAIIIIIIIII Down East IntrastateIAIAIIIIIIIII Aroostook IntrastateIIIIIIIIIIIIIII Northwest Maine IntrastateIIIIIIIIIIIIIII
[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]

§ 52.1022 - Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Maine's plan, as identified in § 52.1020, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act.

(b)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”

(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.

(4) For purposes of this paragraph (b)—

(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(ii) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.

(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO2e.

(iii) the term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in 06-096 1. of Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a significant net emissions increase (as defined in 06-096, paragraphs 89 and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control regulations) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air Quality Control regulations.

[75 FR 82555, Dec. 30, 2010]

§ 52.1023 - Control strategy: Ozone.

(a) Determination. EPA is determining that, as of July 21, 1995, the Lewiston-Auburn ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone nonattainment area, these determinations shall no longer apply.

(b) Determination. EPA is determining that, as of July 21, 1995, the Knox and Lincoln Counties ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Knox and Lincoln Counties ozone nonattainment area, these determinations shall no longer apply.

(c) Approval. EPA is approving an exemption request submitted by the Maine Department of Environmental Protection on September 7, 1995, for the Northern Maine area from the NOX requirements contained in Section 182(f) of the Clean Air Act. This approval exempts Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties from the requirements to implement controls beyond those approved in § 52.1020(c)(41) for major sources of nitrogen oxides (NOX), nonattainment area new source review (NSR) for new sources and modifications that are major for NOX, and the applicable NOX-related requirements of the general and transportation conformity provisions.

(d) Approval. EPA is approving an exemption request from the NOX requirements contained in Section 182(f) of the Clean Air Act for northern Maine. The exemption request was submitted by the Maine Department of Environmental Protection on March 24, 2005, and supplemented on April 19 and June 28, 2005. This approval exempts major sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and Waldo Counties from the requirements to implement controls meeting reasonably available control technology under the Clean Air Act, and nonattainment area new source review (NSR) for new sources and modifications. In Waldo County, this area includes only the following towns: Belfast, Belmont, Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty, Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect, Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, Unity, Waldo, and Winterport. In Hancock County, this area includes only the following towns and townships: Amherst, Aurora, Bucksport, Castine, Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland, Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 MD, T8 SD, T9 SD, T10 SD, and T7 SD.

(e) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9 and 13, 2005. The revision is for purposes of satisfying the rate of progress requirements of section 182(b)(1) of the Clean Air Act for the Portland Maine one-hour ozone nonattainment area.

(f) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9, 13, and 14, 2005. The revision is for purposes of satisfying the 5 percent increment of progress requirement of 40 CFR 51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone nonattainment area. The revision establishes motor vehicle emissions budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile organic compound (VOC) and 39.893 tpsd of nitrogen oxide (NOX) to be used in transportation conformity in the Portland Maine 8-hour ozone nonattainment area.

(g) Approval. EPA is approving a redesignation request for the Portland, Maine 8-hour ozone nonattainment area. Maine submitted this request on August 3, 2006. The request contains the required Clean Air Act Section 175A maintenance plan. The plan establishes motor vehicle emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of volatile organic compound and 32.837 tpsd of nitrogen oxide (NOX) to be used in transportation conformity determinations in the Portland area.

(h) Approval. EPA is approving a redesignation request for the Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone nonattainment area. Maine submitted this request on August 3, 2006. The request contains the required Clean Air Act Section 175A maintenance plan. The plan establishes motor vehicle emissions budgets for 2016 of 3.763 tons per summer day (tpsd) of volatile organic compound and 6.245 tpsd of nitrogen oxide (NOX) to be used in transportation conformity determinations in the Hancock, Knox, Lincoln and Waldo Counties area.

(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone maintenance plans in the four areas of the state required to have a 110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air Quality Standard. These areas are as follows: portions of York and Cumberland Counties; portions of Androscoggin County and all of Kennebec County; portions of Knox and Lincoln Counties; and portions of Hancock and Waldo Counties. These maintenance plans were submitted to EPA on August 3, 2006.

(j) Approval. EPA is approving an exemption request from the nitrogen oxides (NOx) requirements contained in Section 182(f) of the Clean Air Act for the entire state of Maine for purposes of the 2008 ozone National Ambient Air Quality Standard. The exemption request was submitted by the Maine Department of Environmental Protection on October 13, 2012. This approval exempts, for purposes of the 2008 ozone standard, major sources of nitrogen oxides in Maine from:

(1) The requirement to implement controls meeting reasonably available control technology (RACT) for NOX; and

(2) Nonattainment area new source review requirements for major new and modified sources as they apply to emissions of NOX.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71 FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006; 71 FR 71490, Dec. 11, 2006; 73 FR 5101, Jan. 29, 2008; 79 FR 43955, July 29, 2014]

§ 52.1024 - Attainment dates for national standards.

The following table presents the latest dates by which the national standards are to be attained.

Attainment Dates Established by Clean Air Act of 1990

Air quality control region and nonattainment area Pollutant SO2PM-10 NO2CO O3Primary Secondary AQCR 107: Androscoggin County( a)( b)( a)( a)( a)( g) Kennebec County( a)( b)( a)( a)( a)( g) Knox County( a)( b)( a)( a)( a)( g) Lincoln County( a)( b)( a)( a)( a)( g) Waldo County( a)( b)( a)( a)( a)( d) Oxford Cnty. (Part) See 40 CFR 81.320( a)( b)( a)( a)( a)( e) Franklin Cnty. (Part) See 40 CFR 81.320( a)( b)( a)( a)( a)( e) Somerset Cnty. (Part) See 40 CFR 81.320( a)( b)( a)( a)( a)( e) AQCR 108: Aroostook Cnty. (Part) See 40 CFR 81.320( a)( b)( c)( a)( a)( a) Remainder of AQCR( a)( b)( a)( a)( a)( a) AQCR 109: Hancock County( a)( b)( a)( a)( a)( d) Millinocket( e)( e)( a)( a)( a)( a) Remainder of AQCR( a)( b)( a)( a)( a)( a) AQCR 110: York County( a)( b)( a)( a)( a)( g) Cumberland County( a)( b)( a)( a)( a)( g) Sagadahoc County( a)( b)( a)( a)( a)( g) Oxford Cnty. (Part) See 40 CFR 81.320( a)( b)( a)( a)( a)( e) AQCR 111( a)( b)( a)( a)( a)( a)

a Air quality levels presently below primary standards or area is unclassifiable.

b Air quality levels presently below secondary standards or area is unclassifiable.

c 12/31/94.

d 11/15/94 (one-year extension granted).

e 11/15/95.

g 11/15/96.

[60 FR 33352, June 28, 1995]

§ 52.1025 - Control strategy: Particulate matter.

(a) The revisions to the control strategy resulting from the modification to the emission limitations applicable to the sources listed below or resulting from the change in the compliance date for such sources with the applicable emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State unless otherwise noted. (See § 52.1023 for compliance schedule approvals and disapprovals pertaining to one or more of the sources below.)

Source Location Regulation involved Date of adoption All sources subject to Regulation 100.3.1(b) with a maximum heat input from three million up to but not including ten million Btu per hourMaine100.3.1(b)3/29/73

(b) The revision to the incinerator particulate emission standard submitted on August 26, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

(c) The revision to the incinerator particulate emission standard submitted on November 18, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

(d) The revision to the open burning regulation submitted on December 7, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]

§ 52.1026 - Review of new sources and modifications.

The program to review operation and construction of new and modified major stationary sources in non-attainment areas is approved as meeting the requirements of part D as amended by the CAAA of 1990.

[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]

§ 52.1027 - Rules and regulations.

(a) Part D—Conditional Approval.

(b) Non-Part D—No Action. EPA is neither approving nor disapproving the following elements of the revisions identified in § 52.1020(C)(10):

(1) Intergovernmental consultation.

(2) Interstate pollution notification requirements.

(3) Public notification requirements.

(4) Conflict of Interest requirements.

(5) Permit fees.

[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]

§ 52.1028 - [Reserved]

§ 52.1029 - Significant deterioration of air quality.

The program to review operation and construction of new and modified major stationary sources in attainment areas is approved as meeting the requirements of Part C.

[45 FR 6786, Jan. 30, 1980]

§ 52.1030 - Control strategy: Sulfur oxides.

(a) The revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977, is approved with the exception of paragraph 100.6.5(b) which allows the Commissioner of the Department of Environmental Protection to grant variances to Regulation 100.6.

[47 FR 948, Jan. 8, 1982]

§ 52.1031 - EPA-approved Maine regulations.

The following table identifies the State regulations which have been submitted to and approved by EPA as revisions to the Maine State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in § 52.1020. To the extent that this table conflicts with §§ 52.1020, 52.1020 governs.

Table 52.1031—EPA-Approved Rules and Regulations

State citation Title/Subject Date adopted by State Date approved by EPA Federal Register citation 52.1020 Chapter: 1Regulations for the Processing of Applications.02/08/8403/23/9358 FR 15430(c)(26)Portions of chapter 1. 1005/7/791/3/8045 FR 6784(c)(10)PSD Plan Only. 100Definitions Regulations12/24/792/19/8045 FR 10766(c)(11) 2/6/80100Definitions.10/3/893/23/9358 FR 15430(c)(26)All except for the definition of VOC in chapter 100(76). Note that this definition is approved in another paragraph below. In addition, Maine withdrew the definition of fuel burning equipment in chapter 100(29) from its SIP submittal. This definition is approved in another paragraph below. (c)(27)Approval of definition of VOC in chapter 100(76) only. 100Definitions Regulations11/26/916/21/9358 FR 33768(c)(31)Revised “volatile organic compound (VOC)” and “federally enforceable.” Added “particulate matter emissions” and “PM10 emissions.” 100Definitions7/10/903/18/9459 FR 12855(c)(29)Changes to the following definitions: Actual emissions, baseline concentration and fuel burning equipment in Chapter 100(1), (9), and (29). 100Definitions1/6/936/17/9459 FR 31157(c)(33)Revised to add definitions associated with VOC RACT rules. 100Definitions11/10/931/10/9560 FR 2526(c)(34)Revised to add definitions associated with emission statement rules. 100Definitions6/22/946/29/9560 FR 3373436Gasoline marketing definitions added 100Definitions Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR and other CAAA requirements. 100Definitions7/19/9510/15/9661 FR 53639(c)(42)Definition of “VOC” revised. 100Definitions12/1/200511/21/0772 FR 65462(c)(62)Revised to add definitions associated with SIP submittals made between 7/19/95 and 12/1/05. 101Visible Emissions10/10/792/17/8247 FR 6829(c)(17) 102Open Burning1/31/725/31/7237 FR 10842(b) 102Open Burning3/17/052/21/0873 FR 9459(c)(61) 103Fuel Burning Equipment Particulate Emission Standard1/31/725/31/7237 FR 10842(b) 1/24/832/26/8550 FR 7770(c)(19) 104Incinerator Particulate Emission Standard1/31/725/31/7237 FR 10842(b) 105General Process Source Particulate Emission Standard1/31/725/31/7237 FR 10842(b) 106Low Sulfur Fuel1/31/725/31/7237 FR 10842(b) 2/08/781/8/8247 FR 947(c)(15)Revised limits for Portland Peninsula only. 107Sulfur Dioxide Emission Standards for Sulfite Pulp Mills1/31/725/31/7237 FR 10842(b) 109Emergency Episode Regulation1/31/725/31/7237 FR 10842(b) 109Emergency Episode Regulation8/14/911/12/9560 FR 2887(c)(28)Revisions which incorporate the PM10 alert, warning, and emergency levels. 110Ambient Air Quality Standards5/7/791/30/8045 FR 6784(c)(10) 110Ambient Air Quality Standards10/25/893/23/9358 FR 15430(c)(26)All of chapter 110 except for chapter 110(2) which is approved in another paragraph, below. Note that Maine did not submit its Chromium standard in chapter 110(12) for approval. (c)(27)Chapter 110(2) only. 110Ambient Air Quality Standards7/10/903/18/9459 FR 12855(c)(29)Addition of NO2 increments for class I and II areas in Chapter 110(10). Note that class III increment in Chapter 110(10)(C)(3) is not part of submittal. 110Ambient Air Quality Standards7/24/963/22/0469 FR 13231(c)(52)Adopts PSD increments based on PM10, in place of increments based on TSP. 111Petroleum Liquid Storage Vapor Control5/7/792/19/8045 FR 10766(c)(11) 9/27/892/3/9257 FR 3948(c)(30) 112Petroleum Liquids Transfer Recovery2/19/8045 FR 10766(c)(11) 5/7/793/5/8247 FR 9462(c)(16)Irving Oil, Searsport exempted. 7/22/862/2/8752 FR 3117(c)(22)Bulk Gasoline Terminal Test methods. 5/22/912/3/9257 FR 3948(c)(30)The exemption for Irving Oil Corporation in Searsport, Maine incorporated by reference at 40 CFR 52.1020(c)(16) is removed. 112Petroleum liquids transfer recover6/22/946/29/9560 FR 3373436Deleted exemption for tank trucks less than 3500 gallons. 112Gasoline Bulk Terminals7/19/9510/15/9661 FR 53639(c)(42)Emission limit lowered from 80 mg/l to 35 mg/l. 113Growth Offset Regulation5/7/792/19/8045 FR 10766(c)(11)Part of New Source Review program. 12/18/8512/23/8651 FR 45886(c)(21)Deletes Thomaston. 113Growth Offset Regulation10/25/893/23/9358 FR 15430(c)(26) 113Growth Offset Regulation7/10/903/18/9459 FR 12855(c)(29)Change to Chapter 113(II)(A) to include NO2. 113Growth Offset Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR requirements. 114Classification of Air Quality Control Regions5/7/791/30/8045 FR 6874(c)(10) 114Designation of Air Quality Control Regions10/25/893/23/9358 FR 15430(c)(26)All except for chapter 114(11) and (111) which are approved in another paragraph below. (c)(27)Chapter 114(11)and (111) only. 114Classification of Air Quality Control Regions4/27/94Aug. 30, 199560 FR 45060(c)(40)Revision to remove Presque Isle as nonattainment for PM10. 115Emission License Regulation.5/7/791/30/8045 FR 6784(c)(10)PSD 12/24/792/19/8045 FR 10766(c)(11)New Source Review. 10/25/893/23/9358 FR 15430(c)(26)Note Maine did not submit references to nonregulated pollutants for approval. Also note that this chapter was formerly chapter 108. 115Emission License Regulation7/10/903/18/9459 FR 12855(c)(29)Changes to Chapter 115(I)(B), (VII)(A), VII)(B)(3), and (VII)(D)(3) to remove Chapter 108 and to incorporate NO2 increments requirements. 115Emission License Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR and other CAAA requirements. 116Prohibited Dispersion Techniques.10/25/893/23/9358 FR 15430(c)(26) 117Source Surveillance8/9/883/21/8954 FR 1152524 118Gasoline Dispensing Facilities6/22/946/29/9560 FR 3373436 7/19/9510/15/9661 FR 53639(c)(43)Stage II vapor recovery requirements added. 119Motor Vehicle Fuel Volatility Limit6/1/003/6/0267 FR 10100(c)(49)Controls fuel volatility in the State. 7.8 psi RVP fuel required in 7 southern counties. 120Gasoline Tank Trucks6/22/946/29/9560 FR 3373435 123Paper Coater Regulation9/27/892/3/9257 FR 3949(c)(30)The operating permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR § 52.1020 (c)(11), (c)(11), and (c)(18), respectively, are withdrawn. 126Capture Efficiency Test Procedures5/22/913/22/9358 FR 15282(c)(32) 127New Motor Vehicle Emission Standards12/31/004/28/0570 FR 21962(c)(58)Low emission vehicle program, with no ZEV requirements. Program achieves 90% of full LEV benefits. 129Surface coating Facilities1/6/936/17/9459 FR 31157(c)(33)Includes surface coating of: Cans, fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous metal parts and products. 130Solvent Degreasers1/6/936/17/9459 FR 31157(c)(33) 130Solvent Cleaners6/17/045/26/0570 FR 30369(c)(54) 131Cutback and Emulsified Asphalt1/6/936/17/9459 FR 31157(c)(33) 132Graphic Arts: Rotogravure and Flexography1/6/936/17/9459 FR 31157(c)(33) 133Gasoline Bulk Plants6/22/946/29/9560 FR 3373436 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds2/8/954/18/0065 FR 20753(c)(45)Regulation fully approved for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds2/25/974/18/0065 FR 20753(c)(45)VOC RACT determination for JJ Nissen Baking Company. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds7/23/97
10/27/97
4/18/0065 FR 20753(c)(45)VOC RACT determination for Prime Tanning. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds7/25/974/18/0065 FR 20753(c)(45)VOC RACT determination for Portsmouth Naval Shipyard. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/5/96
10/20/97
4/18/0065 FR 20753(c)(45)VOC RACT determination for Dexter Shoe. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds6/16/974/18/0065 FR 20753(c)(45)VOC RACT determination for Pioneer Plastics. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds1/4/964/18/0065 FR 20753(c)(45)VOC RACT determination for Georgia Pacific. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds1/18/964/18/0065 FR 20753(c)(45)VOC RACT determination for Champion International. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds10/4/95
12/13/95
4/18/0065 FR 20753(c)(45)VOC RACT determination for International Paper. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/8/954/18/0065 FR 20753(c)(45)VOC RACT determination for James River. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/18/954/18/0065 FR 20754(c)(45)VOC RACT determination for Lincoln Pulp and Paper. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/18/954/18/0065 FR 20754(c)(45)VOC RACT determination for SD Warren Paper Company's Westbrook, Maine facility. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds10/4/95
1/9/96
4/18/0065 FR 20754(c)(45)VOC RACT determination for SD Warren Paper Company's Skowhegan, Maine facility. 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/20/954/18/0065 FR 20754(c)(45)VOC RACT determination for Boise Cascade. 134Reasonably available control technology for facilities that emit volatile organic compounds4/11/015/20/0267 FR 35441(c)(51)VOC RACT determination for Bath Iron Works. 134Reasonably available control technology for facilities that emit volatile organic compounds4/26/01
7/2/01
5/20/0267 FR 35441(c)(51)VOC RACT determination for Pratt & Whitney. 134Reasonably available control technology for facilities that emit volatile organic compounds5/10/015/20/0267 FR 35441(c)(51)VOC RACT determination for Moosehead Manufacturing's Dover-Foxcroft plant. Reasonably available control technology for facilities that emit volatile organic compounds5/10/015/20/0267 FR 35441(c)(51)VOC RACT determination for Moosehead Manufacturing's Monson plant. 137Emission Statements12/17/0411/21/0772 FR 65462(c)(62)Revised to incorporate changes required by EPA's consolidated emissions reporting rule. The entire rule is approved with the exception of HAP and greenhouse gas reporting requirements which were not included in the state's SIP revision request. 138Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides8/3/94December 26, 199560 FR 66755(c)(41)Affects sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions of rule include Sections 1.A.1. and 3.B.). 138NOX RACT8/3/949/9/0267 FR 57154(c)(46)Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. 138NOX RACT5/18/95 &
2/16/96
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station. 138NOX RACT6/16/95 &
6/12/96
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Tree Free Fiber Company, LLC. (formerly Statler Tissue). 138NOX RACT8/23/95 &
3/10/97
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Pioneer Plastics Corporation. 138NOX RACT11/15/959/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Scott Paper Company. 138NOX RACT1/18/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Chinet Company. 138NOX RACT2/7/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for FMC Corporation—Food from Ingredients Division. 138NOX RACT6/5/96 &
3/5/97
9/9/0267 FR 57154(c)(47)Case-specific NOX FR RACT for Dragon Products Company, Inc. 138NOX RACT6/12/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for S.D. Warren Company. 138NOX RACT10/16/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Mid-Maine Waste Action Corporation. 138NOX RACT10/21/96 &
7/25/97
9/9/9267 FR 57154(c)(47)Case-specific NOX RACT for Portsmouth Naval Shipyard. 138NOX RACT11/12/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Maine Energy Recovery Company. 139Transportation Conformity9/19/072/08/0873 FR 7465(c) 64 141Conformity of General Federal Actions9/11/969/23/9762 FR 49611(c)(44)“Chapter 141: Conformity of General Federal Actions”. 141Conformity of General Federal Actions4/19/072/20/0873 FR 9203(c)(63)Amendment to incorporate new fine particulate matter provisions. 145NOX Control Program6/21/014/10/0570 FR 11882(c)(56). 148Emissions from Smaller-Scale Electric Generating Resources7/15/045/26/0570 FR 30376(c)(55) 151Architectural and Industrial Maintenance (AIM) Coatings10/06/053/17/0671 FR 13767(c)(59) 152Control of Emissions of Volatile Organic Compounds from Consumer Products8/19/0410/24/0570 FR 61384(c)(57) 153Mobile Equipment Repair and Refinishing2/5/045/26/0570 FR 30369(c)(54) 155Portable Fuel Container Spillage Control6/3/042/7/0570 FR 6354(c)(53)All of Chapter 155 is approved with the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision. “Vehicle I/M”Vehicle Inspection and Maintenance7/9/981/10/0166 FR 1875(c)(48)Maine Motor Vehicle Inspection Manual,” revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g. Also, Authorizing legislation effective July 9, 1998 and entitled L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.”

Note. 1. The regulations are effective statewide unless stated otherwise in comments section.

(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7410(a) and 7601(a))) [50 FR 3336, Jan. 24, 1985] Editorial Note:For Federal Register citations affecting § 52.1031, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 52.1033 - Visibility protection.

(a)-(c) [Reserved]

[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993; 82 FR 3129, Jan. 10, 2017]

§ 52.1034 - Stack height review.

The State of Maine has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined in EPA's stack height regulations as revised on July 8, 1985. Such declarations were submitted to EPA on December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6, 1987; September 8 and 30, 1988.

[54 FR 8190, Feb. 27, 1989]

§ 52.1035 - Requirements for state implementation plan revisions relating to new motor vehicles.

Maine must comply with the requirements of § 51.120.

[60 FR 4737, Jan. 24, 1995]

§ 52.1036 - Emission inventories.

(a) The Governor's designee for the State of Maine submitted 1990 base year emission inventories for the Knox and Lincoln Counties area, the Lewiston and Auburn area, the Portland area, and the Hancock and Waldo Counties area on July 25, 1995 as a revision to the State Implementation Plan (SIP). An amendment to the 1990 base year emission inventory for the Portland area was submitted on June 9, 2005. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas.

(b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources.

(c) The Knox and Lincoln Counties nonattainment area is classified as moderate. The Lewiston and Auburn nonattainment area is classified as moderate and consists of Androscoggin and Kennebec Counties. The Portland nonattainment area is classified as moderate and consists of Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties nonattainment area is classified as attainment.

(d) The Governor's designee for the State of Maine submitted 1993 periodic year emission inventories for the Hancock and Waldo Counties area on May 13, 1996 as a revision to the State Implementation Plan (SIP). The 1993 periodic year emission inventory requirement of section 182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied for the Hancock and Waldo counties area.

(e) On June 24, 1997, the Maine Department of Environmental Protection submitted a revision to establish explicit year 2006 motor vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 tons per summer day of NOX] for the Hancock and Waldo counties ozone maintenance area to be used in determining transportation conformity.

(f) The Governor's designee for the State of Maine submitted a 2002 base year emission inventory for Cumberland, Sagadahoc, and York counties, to represent emissions for the Portland 8-hour ozone nonattainment area on June 9, 2005, as a revision to the State Implementation Plan (SIP). The 2002 base year emission inventory requirement of 40 CFR 51.915 has been satisfied for this area.

[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71 FR 14816, Mar. 24, 2006]

§ 52.1037 - Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of Maine” and all revisions submitted by Maine that were federally approved prior to September 1, 2008.

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Miscellaneous non-regulatory changes to the plan submitted on March 17, 1972, by the Environmental Improvement Commission for the State of Maine.

(2) Regulation 10.8.4(g) establishing compliance schedules for sources in Maine submitted on July 28, 1972, by the Environmental Improvement Commission for the State of Maine.

(3) A revision removing fuel burning sources with a maximum heat input from three million up to 10 million BTU/hr from the particulate matter control strategy submitted on March 29, 1973, by the Governor.

(4) Changes in the Open Burning Regulation 100.2 submitted on September 4, 1973, by the State of Maine Department of Environmental Protection.

(5) An AQMA proposal submitted on June 26, 1974, by the Governor.

(6) Revision to incinerator particulate emission standard, submitted on August 26, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt woodwaste cone burners from the plan until 1980.

(7) Revision to incinerator particulate emission standard, submitted on November 18, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt municipal waste cone burners from the plan.

(8) Revision to open burning regulation submitted on December 7, 1976 by the Commissioner of the Maine Department of Environmental Protection.

(9) Revisions to Chapter 5—State Implementation Plan Air Quality Surveillance, and Chapter 6—Revision of New Sources and Modifications, submitted by the Governor on March 10, 1978.

(10) Plans to meet various requirements of the Clean Air Act, including Part C, were submitted on May 1, 1979, October 26, 1979 and December 20, 1979. Included in the revisions is a plan for review of construction and operation of new and modified major stationary sources of pollution in attainment areas.

(11) Attainment plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977, were submitted on May 1, 1979; October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; December 18, 1980; March 17, 1981. Included are plans to attain: The secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the primary and secondary SO2 standard for Millinocket; the carbon monoxide standard for Lewiston and Bangor and the ozone standard for AQCRS 107 and 110. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions are also included.

(12) A plan to provide for public involvement in federally funded air pollution control activities was submitted on May 28, 1980.

(13) Revisions to Chapter 5—State Implementation Plan—Air Quality Surveillance, intended to meet requirements of 40 CFR part 58, were submitted by the Commissioner of the Maine Department of Environmental Protection on July 1, 1980.

(14) Revisions to attain and maintain the NAAQS for lead were submitted on August 7, and November 5, 1980.

(15) A revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977.

(16) Department Regulation Chapter 112, Petroleum Liquid Transfer Vapor Recovery, is amended to exempt the town of Searsport, Maine from this regulation. This amendment was submitted by Henry E. Warren, Commissioner of the Department of Environmental Protection on October 23, 1981, in order to meet Part D requirements for ozone.

(17) Regulatory revisions to the plan containing changes to Chapter 101 “Visible Emissions Regulation” submitted August 7, 1980.

(18) On May 12, 1982 and February 11, 1983 the Maine Department of Environmental Protection submitted an emission limit contained in an air emissions license which requires Pioneer Plastics, Auburn, Maine to reduce its volatile organic compound emissions by at least 85%.

(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the Maine Department of Environmental Protection submitted revisions to Chapter 103 “Fuel Burning Equipment Particulate Emission Standard.”

(20) A plan to attain the primary TSP standard in Lincoln, consisting of particulate emission limitations contained in an air emission license issued to the Lincoln Pulp and Paper Company, Inc., submitted by the Commissioner of the Maine Department of Environmental Protection on December 18, 1984.

(21) A revision to approve the deletion of Thomaston from the list of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 113, submitted by the Commissioner on February 20, 1986.

(22) Revision to federally-approved regulation Chapter 112, Petroleum Liquids Transfer Vapor Recovery [originally approved on February 19, 1980, see paragraph (c)(11), of this section, was submitted on August 4, 1986, by the Department of Environmental Protection.

(i) Incorporation by reference.

(A) Regulation Chapter 112(6), Emission Testing, is amended by incorporating test methods and procedures as stated in 40 CFR part 60, subpart XX, § 60.503 to determine compliance with emission standards for volatile organic compound emissions from bulk gasoline terminals. This revision to Regulation Chapter 112(6) became effective on July 22, 1986 in the State of Maine.

(ii) Additional material. The nonregulatory portions of the state submittals.

(23) [Reserved]

(24) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 22, 1988.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated August 19, 1988 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 117 of the Maine Department of Environmental Protection Air Regulations entitled, “Source Surveillance,” effective in the State of Maine on August 9, 1988.

(ii) Additional material.

(A) Nonregulatory portions of the state submittal.

(25) Revisions to the Maine State Implementation Plan (SIP) for ozone submitted on February 14, 1989 and May 3, 1989 by the Maine Department of Environmental Protection (DEP) for its state gasoline volatility control program, including any waivers under the program that Maine may grant. The control period will begin May 1, 1990.

(i) Incorporation by reference. Maine Department Regulation chapter 119, Rules and Regulations of the State of Maine, entitled “Motor Vehicle Fuel Volatility Limit,” adopted August 10, 1988, amended September 27, 1989 and effective October 25, 1989.

(26) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 27, 1989.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 27, 1989 submitting revisions to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection's Air Regulations entitled “Definitions Regulations,” except for the definition of volatile organic compounds in Chapter 100(76) which is being incorporated by reference in 40 CFR 52.1020(c)(27). This regulation was effective in the State of Maine on October 3, 1989. Note, the definition of fuel burning equipment in Chapter 100(29) is not part of Maine's submittal.

(C) Chapter 110 except for Chapter 110(2) which is being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 114 except for Chapter 114(II) and (III) which are being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the Maine Department of Environmental Protection's Air Regulations entitled, “Ambient Air Quality Standards,” “Growth Offset Regulation,” “Classification of Air Quality Control Regions,” “Emission License Regulations,” and “Prohibited Dispersion Techniques,” respectively. These regulations were effective in the State of Maine on October 25, 1989. Chapter 108, originally approved on January 30, 1980 and February 19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being withdrawn and replaced with Chapter 115.

(D) Portions of Chapter 1 entitled “Regulations for the Processing of Applications,” effective in the State of Maine on February 8, 1984.

(ii) Additional materials.

(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Letter dated May 1, 1989 from the Maine Department of Environmental Protection regarding implementation of BACT.

(C) Nonregulatory portions of the state submittal.

(27) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 31, 1989.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 31, 1989 submitting revisions to the Maine State Implementation Plan.

(B) The definition of volatile organic compounds in Chapter 100(76) of the Maine Department of Environmental Protection's “Definitions Regulations” effective in the State of Maine on October 3, 1989.

(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine Department of Environmental Protection's “Ambient Air Quality Standards” and “Classification of Air Quality Control Regions” Regulations effective in the State of Maine on October 25, 1989. Note that Millinocket remains designated as a nonattainment area for SO2 until redesignated at 40 CFR 51.320.

(ii) Additional materials.

(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Nonregulatory portions of the state submittal.

(28) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 14 and October 22, 1991.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated August 14 and October 22, 1991 submitting revisions to the Maine State Implementation Plan.

(B) Revisions to Chapter 109 of the Maine Department of Environmental Protection Regulations, “Emergency Episode Regulations,” effective in the State of Maine on September 16, 1991.

(C) Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on March 11, 1991, with the City of Presque Isle, and the Maine Department of Transportation.

(ii) Additional materials.

(A) An attainment plan and demonstration which outlines Maine's control strategy for attainment of the PM10 NAAQS and implements and meets RACM and RACT requirements for Presque Isle.

(B) Nonregulatory portions of the submittal.

(29) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 16, 1990, September 5, 1990, and November 2, 1990.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting revisions to the Maine State Implementation Plan.

(B) The definitions of actual emissions, baseline concentration, and fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's “Definitions Regulation,” Chapter 110(10) (except for Chapter 110(10)(C)(3)) of Maine's “Ambient Air Quality Standards Regulation,” Chapter 113(II)(A) of Maine's “Growth Offset Regulation,” and Chapter 115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's “Emission License Regulations,” effective in the State of Maine on July 10, 1990. Note that the revised state statute which contains the underlying authority to implement the NO2 increments became effective on July 14, 1990.

(ii) Additional materials.

(A) A state implementation plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Nonregulatory portions of the state submittal.

(30) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on September 29, 1989, December 5, 1989 and June 3, 1991.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated September 29, 1989, and June 3, 1991 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 111 “Petroleum Liquid Storage Vapor Control” and Chapter 123 “Paper Coater Regulation,” effective in the state of Maine on October 3, 1989.

(C) Chapter 112 “Petroleum Liquid Transfer Vapor Recovery,” effective in the State of Maine on June 9, 1991.

(ii) Additional materials.

(A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 documenting the December 1990 survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut-off in chapter 112.

(B) Letter from the Maine Department of Environmental Protection dated December 5, 1989 requesting the withdrawal of operating permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) and (c)(18).

(C) Nonregulatory portions of the submittal.

(31) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 20, 1992.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated April 8, 1992 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 100(54)(b) “particulate matter emissions,” Chapter 100(57)(b) “PM10 emissions,” and revisions to Chapter 100(28) “federally enforceable” and to Chapter 100(76) “volatile organic compound (VOC)” effective in the State of Maine on January 18, 1992.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(32) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 5, 1991.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 126 of the Maine Department of Environmental Protection Regulations, “Capture Efficiency Test Procedures” effective in the State of Maine on June 9, 1991.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(33) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 8, 1993.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated January 8, 1993, submitting a revision to the Maine State Implementation Plan.

(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on February 10, 1993.

(C) Chapter 129 of the Maine Department of Environmental Protection Regulations, “Surface Coating Facilities” effective in the State of Maine on February 10, 1993.

(D) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Degreasers” effective in the State of Maine on February 10, 1993.

(E) Chapter 131 of the Maine Department of Environmental Protection Regulations, “Cutback and Emulsified Asphalt” effective in the State of Maine on February 10, 1993.

(F) Chapter 132 of the Maine Department of Environmental Protection Regulations, “Graphic Arts—Rotogravure and Flexography” effective in the State of Maine on February 10, 1993.

(G) Appendix A “Volatile Organic Compounds Test Methods and Compliance Procedures” incorporated into Chapters 129 and 132 of the Maine Department of Environmental Protection Regulations, effective in the State of Maine on February 10, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(34) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 3, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated January 3, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on December 12, 1993.

(ii) Additional Information.

(A) Nonregulatory portions of the submittal.

(35) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 3, 1991, November 25, 1991, and July 6, 1994.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 120 of the Maine Department of Environmental Protection Regulations, “Gasoline Tank Truck Tightness Self-Certification,” effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(36) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 6, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 6, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions,” effective in the State of Maine on July 11, 1994, with the exception of the definitions of the following terms: “curtailment,” “federally enforceable,” “major modification,” “ major source,” “nonattainment pollutant,” “shutdown,” “significant emissions,” and “significant emissions increase.”

(C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery,” effective in the State of Maine on July 11, 1994.

(D) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 11, 1994.

(E) Chapter 133 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery at Bulk Gasoline Plants,” effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(37) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 12, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 5, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Maine's Chapter 100 entitled, “Definition Regulations.” This regulation was effective in the State of Maine on July 11, 1994.

(C) Maine's Chapter 113 entitled, “Growth Offset Regulation.” This regulation was effective in the State of Maine on July 11, 1994.

(D) Maine's Chapter 115 entitled, “Emission License Regulation,” except for Section 115(VII)(E) of this Chapter and all references to this Section. This regulation was effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(38) Revisions to the State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Maine Department of Environmental Protection on July 7, and August 16, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 7, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program dated July 12, 1994 and effective on May 11, 1994.

(C) Letter from the Maine Department of Environmental Protection dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision.

(39) [Reserved]

(40) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 1, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated June 1, 1994 submitting revisions to the Maine State Implementation Plan.

(B) Revisions to Chapter 114 of the Maine Department of Environmental Protection Regulations, “Classification of Air Quality Control Regions,” adopted by the Board of Environmental Protection on April 27, 1994 and accepted by the Secretary of State with an effective date of May 9, 1994.

(C) Revisions to Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the Maine Department of Transportation.

(ii) Additional materials.

(A) A maintenance demonstration and contingency plan which outline Maine's control strategy for maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle.

(B) Nonregulatory portions of the submittal.

(41) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994 related to NOX controls in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties.

(i) Incorporation by reference.

(A) A Letter from the Maine Department of Environmental Protection dated August 5, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 138 of the Maine DEP's regulations, “Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides” for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions include Sections 1.A.1. and 3.B.). This rule was effective August 3, 1994.

(42) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.

(i) Incorporation by reference.

(A) Two letters from the Maine Department of Environmental Protection dated July 24, 1995 submitting revisions to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions Regulation,” definition of “volatile organic compounds (VOC)” effective in the State of Maine on July 25, 1995.

(C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Bulk Terminal Petroleum Liquid Transfer Requirements,” effective in the State of Maine on July 25, 1995.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(43) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 24, 1995 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 25, 1995.

(ii) Additional materials.

(A) Letter from the Maine Department of Environmental Protection dated May 6, 1996.

(B) Nonregulatory portions of the submittal.

(44) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 1996.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 11, 1996 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 141 of the Maine Department of Environmental Protection Air Regulation entitled, “Conformity of General Federal Actions,” effective in the State of Maine on September 28, 1996.

(45) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 28, 1995, January 10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 10, 1997.

(i) Incorporation by reference.

(A) Chapter 134 of the Maine Department of Environmental Protection regulations entitled “Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds,” effective in the State of Maine on February 15, 1995, is granted a full approval for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. This rule is granted a limited approval for Washington, Somerset, and Penobscot Counties.

(B) License Amendment #5 issued by the Maine Department of Environmental Protection to Prime Tanning Company on July 23, 1997.

(C) License Amendment #6 issued by the Maine Department of Environmental Protection to Prime Tanning Company on October 27, 1997.

(D) License issued by the Maine Department of Environmental Protection to JJ Nissen Baking Company on February 25, 1997.

(E) License Amendment #4 issued by the Maine Department of Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.

(F) License issued by the Maine Department of Environmental Protection to Dexter Shoe Company on December 5, 1996.

(G) License Amendment #1 issued by the Maine Department of Environmental Protection to Dexter Shoe Company on October 20, 1997.

(H) License Amendment #3 issued by the Maine Department of Environmental Protection to Pioneer Plastics Corporation on June 16, 1997.

(I) License Amendment #10 issued by the Maine Department of Environmental Protection to Georgia Pacific Corporation on January 4, 1996.

(J) License Amendment #5 issued by the Maine Department of Environmental Protection to Champion International Corporation on January 18, 1996.

(K) License Amendment #8 issued by the Maine Department of Environmental Protection to International Paper Company on October 4, 1995.

(L) License Amendment #9 issued by the Maine Department of Environmental Protection to International Paper Company on December 13, 1995.

(M) License Amendment #6 issued by the Maine Department of Environmental Protection to James River Corporation on December 8, 1995.

(N) License Amendment #8 issued by the Maine Department of Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 1995.

(O) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine facility on December 18, 1995.

(P) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on October 4, 1995.

(Q) License Amendment #15 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on January 9, 1996.

(R) License Amendment #11 issued by the Maine Department of Environmental Protection to Boise Cascade Corporation on December 20, 1995.

(ii) Additional materials.

(A) Letter from the Maine Department of Environmental Protection dated November 15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline categories.

(B) Nonregulatory portions of the submittal.

(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.

(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.

(48) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on November 19, 1998.

(i) Incorporation by reference.

(A) “Maine Motor Vehicle Inspection Manual,” as revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g.

(B) Authorizing legislation effective July 9, 1998 and entitled H.P. 1594—L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.”

(ii) Additional material.

(A) Document entitled “State of Maine Implementation Plan for Inspection/Maintenance” dated November 11, 1998.

(B) Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to the Maine State Implementation Plan.

(49) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 7, 2000 and May 29, 2001.

(i) Incorporation by reference.

Maine Chapter 119, entitled “Motor Vehicle Fuel Volatility Limit” as amended and effective on June 1, 2000.

(ii) Additional materials.

(A) Letter from the Maine Department of Environmental Protection dated June 7, 2000 submitting Chapter 119 as a revision to the Maine State Implementation Plan.

(B) Letter from the Maine Department of Environmental Protection dated May 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan.

(50) [Reserved]

(51) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 2001.

(i) Incorporation by reference.

(A) License Amendment #10 issued by the Maine Department of Environmental Protection to Bath Iron Works Corporation on April 11, 2001.

(B) License Amendment #6 issued by the Maine Department of Environmental Protection to Pratt & Whitney on April 26, 2001.

(C) License Amendment #7 issued by the Maine Department of Environmental Protection to Pratt & Whitney on July 2, 2001.

(D) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft plant on May 10, 2001.

(E) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'s Monson plant on May 10, 2001.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(52) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 23, 1996.

(i) Incorporation by reference.

(A) Chapter 110 of the Maine Department of Environmental Protection regulations, “Ambient Air Quality Standards,” adopted by the Board of Environmental Protection on July 24, 1996, and effective August 6, 1996.

(B) [Reserved]

(53) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 29, 2003, October 22, 2004, and December 9, 2004.

(i) Incorporation by reference.

(A) Chapter 155 of the Maine Department of Environmental Protection Regulations, “Portable Fuel Container Spillage Control,” effective in the State of Maine on July 14, 2004, with the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(54) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on March 8, 2004, and June 28, 2004.

(i) Incorporation by reference.

(A) Chapter 153 of the Maine Department of Environmental Protection Regulations, “Mobile Equipment Repair and Refinishing,” effective in the State of Maine on February 25, 2004.

(B) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Cleaners,” effective in the State of Maine on June 28, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(55) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 29, 2004.

(i) Incorporation by reference.

(A) Chapter 148 of the Maine Department of Environmental Protection Regulations, “Emissions from Smaller-Scale Electric Generating Resources” effective in the State of Maine on August 9, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(56) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 12, 2004.

(i) Incorporation by reference.

(A) Chapter 145 of the Maine Department of Environmental Protection Regulations, “NOX Control Program,” effective in the State of Maine on July 22, 2001.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(57) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 27, 2004, and September 8, 2004.

(i) Incorporation by reference.

(A) Chapter 152 of the Maine Department of Environmental Protection Regulations, “Control of Emissions of Volatile Organic Compounds from Consumer Products,” effective in the State of Maine on September 1, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(58) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 25, 2004 and December 9, 2004 submitting Maine's Low Emission Vehicle Program.

(i) Incorporation by reference.

(A) Chapter 127 of the Maine Department of Environmental Protection rules entitled “New Motor Vehicle Emission Standards” with an effective date of December 31, 2000, including the Basis Statements and Appendix A.

(59) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 3, 2004, January 5, 2005, October 31, 2005, and November 9, 2005.

(i) Incorporation by reference.

(A) Chapter 151 of the Maine Department of Environmental Protection Regulations, “Architectural and Industrial Maintenance (AIM) Coatings,” effective in the State of Maine on November 1, 2005.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(60) [Reserved]

(61) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 27, 2005.

(i) Incorporation by reference.

(A) Chapter 102 of Maine Department of Environmental Protection Rules, entitled “Open Burning,” effective in the State of Maine on April 25, 2005.

(B) State of Maine MAPA 1 form which provides certification that the Attorney General approved the rule as to form and legality, dated April 12, 2005.

(62) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 14, 2004, and February 8, 2006.

(i) Incorporation by reference.

(A) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions,” effective in the State of Maine December 24, 2005.

(B) Chapter 137 of the Maine Department of Environmental Protection Regulations, “Emission Statements,” effective in the State of Maine on July 6, 2004, with the exception of the following sections which the state did not include in its SIP revision request: section 137.1.C; section 137.1.E; section 137.1.F; section 137.2.A through F; section 137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the sentence beginning with “Greenhouse gases” to the end of this section; the note within section 137.D(5); section 137(E), and; Appendix A.

(ii) Additional materials.

(A) Nonregulatory portions of these submittals.

(B) Correspondence from David W. Wright of the Maine DEP dated June 6, 2006, indicating which portions of Chapter 137 should not be incorporated into the State's SIP.

(63) Revision to Chapter 141 “Conformity of General Federal Actions,” submitted by the Maine Department of Environmental Protection on June 29, 2007 and effective in the State of Maine on May 21, 2007.

(i) Incorporation by reference.

(A) Chapter 141 “Conformity of General Federal Actions” 1. Definition. Effective in the State of Maine on May 21, 2007.

(ii) Additional Materials.

(A) Chapter 141 “Conformity of General Federal Actions,” 2. Conformity to State and Federal Implementation Plans. The Maine Department of Environmental Protection amended its incorporation-by-reference within Chapter 141.2 to reflect EPA's revision to the Federal General Conformity Rule for fine particulate matter promulgated on July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853 Applicability.

(64) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 3, 2007.

(i) Incorporation by reference.

(A) Maine Administrative Procedure Act (MAPA) 1 Form which provides certification that the Attorney General approved Chapter 139 “Transportation Conformity,” as to form and legality, dated September 10, 2007.

(B) Chapter 139 of the Maine Department of Environmental Protection Regulations, “Transportation Conformity,” effective in the State of Maine on September 19, 2007.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

[37 FR 10870, May 31, 1972] Editorial Note:For Federal Register citations affecting § 52.1037, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.