Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Proposed Rules 6591 

approve these portions of the SIP 

revisions. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Louisville Metro Air Pollution Control 

District Regulation 6.21, Standard of 

Performance for Existing Gasoline 

Loading Facilities at Bulk Terminals, 

Version 3, and Regulation 7.20, 

Standard of Performance for New 

Gasoline Loading Facilities at Bulk 

Plants, Version 3, state-effective June 

19, 2019, with the exception of the 

phrase ‘‘or an alternate procedure 

approved by the District’’ in Regulation 

6.21, subsection 3.6.4.2 and Regulation 

7.20, subsection 3.11.1.2. The changes 

to these rules replace a requirement for 

gasoline tank trucks to possess valid 

pressure vacuum test sticker with a 

requirement for specific vapor tightness 

testing and recordkeeping procedures, 

clarify rule applicability, and remove 

language stating that a pressure 

measuring device will be supplied by 

the District. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the 

revisions to the Jefferson County portion 

of the Kentucky SIP (Regulation 6.21, 

Standard of Performance for Existing 

Gasoline Loading Facilities at Bulk 

Terminals, Version 3, and Regulation 

7.20, Standard of Performance for New 

Gasoline Loading Facilities at Bulk 

Plants, Version 3), submitted on 

September 5, 2019, as discussed above. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely proposes to 

approve state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1955 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in the 

Executive Order 13132 (64 FR 43255, 

August 10, 1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the national 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). The 

SIP is not approved to apply on any 

Indian reservation land or any other 

area where EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 11, 2020. 

Mary Walker, 

Regional Administrator, Region 4. 

[FR Doc. 2021–00533 Filed 1–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0327; FRL–10018– 

02-Region 1] 

Air Plan Approval; Maine; 

Infrastructure State Implementation 

Plan Requirements for the 2015 Ozone 

Standard and Negative Declaration for 

the Oil and Gas Industry for the 2008 

and 2015 Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maine. This revision addresses the 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS). Today’s proposed action 

includes all elements of these 

infrastructure requirements except for 

the ‘‘Good Neighbor’’ or ‘‘transport’’ 

provisions, which will be addressed in 

a future action. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

EPA is also proposing to approve 

State of Maine submittals of 

amendments to Chapter 110, Ambient 

Air Quality Standards, and of statutory 

conflict-of-interest provisions in 38 

Maine Revised Statutes Annotated 

(MRSA) Section 341–A and 341–C. 

These two submittals support the state’s 

infrastructure submittal for the 2015 

ozone NAAQS. 

In addition, we are proposing to 

convert previous conditional approvals 

of the sub-element of section 

110(a)(2)(E) that addresses State Board 

Requirements in Maine’s infrastructure 

SIPs for the 2008 ozone; 2008 lead (Pb); 

2010 nitrogen dioxide (NO2); 2010 

sulfur dioxide (SO2); 1997, 2006, and 

2012 fine particle (PM2.5) NAAQS to full 

approvals. We are also proposing to 

convert to full approval previous 

conditional approvals of section 

110(a)(2)(A) (Emission limits and other 

control measures) in Maine’s 


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1National Ambient Air Quality Standards for 

Ozone, Final Rule, 80 FR 65292 (October 26, 2015). 

Although the level of the standard is specified in 

the units of ppm, ozone concentrations are also 

described in parts per billion (ppb). For example, 

0.070 ppm is equivalent to 70 ppb. 

2SIP revisions that are intended to meet the 

applicable requirements of section 110(a)(1) and (2) 

of the CAA are often referred to as infrastructure 

SIPs and the applicable elements under 110(a)(2) 

are referred to as infrastructure requirements. 

infrastructure SIPS for the 1997 and 

2006 PM2.5. 

Finally, EPA is proposing to approve 

SIP revisions submitted by Maine that 

provide the state’s determination, via a 

negative declaration for the 2008 and 

2015 ozone standards, that there are no 

facilities within its borders subject to 

EPA’s 2016 Control Technique 

Guideline (CTG) for the oil and gas 

industry. 

This action is being taken under the 

Clean Air Act. 

DATES: Written comments must be 

received on or before February 22, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2020–0327 at https://

www.regulations.gov, or via email to 

simcox.alison@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Branch, 

U.S. Environmental Protection Agency, 

EPA Region 1, 5 Post Office Square— 

Suite 100, (Mail code 05–2), Boston, MA 

02109–3912, tel. (617) 918–1684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

A. What is the scope of this rulemaking? 

B. What guidance did EPA use to evaluate 

Maine’s Infrastructure SIP for the 2015 

ozone standard? 

II. EPA’s Evaluation of Maine’s Infrastructure 

SIP for the 2015 Ozone Standard 

A. Section 110(a)(2)(A)—Emission Limits 

and Other Control Measures 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures and for 

Construction or Modification of 

Stationary Sources 

D. Section 110(a)(2)(D)—Interstate 

Transport 

E. Section 110(a)(2)(E)—Adequate 

Resources 

F. Section 110(a)(2)(F)—Stationary Source 

Monitoring System 

G. Section 110(a)(2)(G)—Emergency 

Powers 

H. Section 110(a)(2)(H)—Future SIP 

Revisions 

I. Section 110(a)(2)(I)—Nonattainment Area 

Plan or Plan Revisions Under Part D 

J. Section 110(a)(2)(J)—Consultation With 

Government Officials; Public 

Notifications; Prevention of Significant 

Deterioration; Visibility Protection 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

L. Section 110(a)(2)(L)—Permitting Fees 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities 

N. Maine Regulations Submitted for 

Incorporation Into the SIP 

III. EPA’s Evaluation of Maine’s Negative 

Declaration for the Oil and Gas Industry 

for the 2008 and 2015 Ozone Standards 

IV. Proposed Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

Maine’s Infrastructure SIP for the 

2015 ozone standard. 

On October 1, 2015, EPA promulgated 

a revision to the ozone NAAQS (2015 

ozone NAAQS), lowering the level of 

both the primary and secondary 

standards to 0.070 parts per million 

(ppm).1 Section 110(a)(1) of the CAA 

requires states to submit, within 3 years 

after promulgation of a new or revised 

standard, SIPs meeting the applicable 

requirements of section 110(a)(2).2 On 

February 14, 2020, the Maine 

Department of Environmental Protection 

(Maine DEP) submitted a revision to the 

Maine State Implementation Plan (SIP). 

The SIP revision addresses the 

infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2015 ozone NAAQS. 

Maine’s Negative declaration for the 

Oil and Natural Gas Industry for the 

2008 and 2015 ozone standards. 

On October 27, 2016, EPA published 

in the Federal Register the ‘‘Final 

Control Techniques Guidelines for the 

Oil and Natural Gas Industry.’’ See 81 

FR 74798. The CTG provided 

information to state, local, and tribal air 

agencies to assist them in determining 

reasonably available control technology 

(RACT) for volatile organic compound 

(VOC) emissions from select oil and 

natural gas industry emission sources. 

CAA section 182(b)(2)(A) requires that, 

for ozone nonattainment areas classified 

as Moderate or above, states must revise 

their SIPs to include provisions to 

implement RACT for each category of 

VOC sources covered by a CTG 

document. CAA section 184(b)(1)(B) 

extends the RACT obligation to all areas 

of states within the Ozone Transport 

Region (OTR). Pursuant to CAA section 

184(a), Maine is a member state of the 

OTR. States subject to RACT 

requirements are required to adopt 

controls that are at least as stringent as 

those found in the CTG either by 

adopting regulations or issuing singlesource Orders or Permits that outline 

what the source is required to do to 

meet RACT. If no source for a specified 

CTG exists in a state, the state must 

submit, as a SIP revision, a negative 

declaration documenting this fact. On 

May 18, 2020, Maine DEP submitted for 

approval into the Maine SIP, a negative 

declaration for the 2016 CTG for the Oil 

and Natural Gas Industry for the 2008 

and 2015 ozone standards. 

A. What is the scope of this rulemaking? 

EPA is proposing to approve SIP 

revisions submitted by Maine on 

February 14, 2020, addressing the 

infrastructure requirements of CAA 

sections 110(a)(1) and 110(a)(2) for the 

2015 ozone NAAQS, except the 

transport provisions which will be 

addressed in a future action. 

Additionally, we are proposing to 

approve a regulation (ambient air 

quality standards) submitted by Maine 

on May 28, 2019, and a statute (conflictVerDate Sep<11>2014 16:14 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\22JAP1.SGM 22JAP1

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3EPA explains and elaborates on these 

ambiguities and its approach to address them in its 

September 13, 2013, Infrastructure SIP Guidance 

(available in the docket for today’s action), as well 

as in numerous agency actions, including EPA’s 

prior action on Maine’s infrastructure SIP to 

address the 2008 Ozone NAAQS. See 83 FR 28157 

(June 18, 2018). 

4See Montana Envtl. Info. Ctr. v. Thomas, 902 

F.3d 971 (9th Cir. 2018). 

5All referenced memoranda are included in the 

docket for today’s action. 

6See, for example, EPA’s final rule on ‘‘National 

Ambient Air Quality Standards for Lead,’’ 73 FR 

66964, 67034 (November 12, 2008). 

7The citations reference the most recent EPA 

approval of the stated rule or of revisions to the 

rule. 

of-interest provisions) submitted by 

Maine on September 4, 2019, which 

support the infrastructure SIP submittal. 

Finally, EPA is proposing to approve a 

SIP revision submitted by Maine on 

May 18, 2020, that provides the state’s 

determination, via a negative 

declaration, that there are no facilities 

within its borders subject to EPA’s 2016 

CTG for the oil and gas industry for the 

2008 and 2015 ozone standards. 

Regarding the 2015 ozone 

infrastructure SIP submission, whenever 

EPA promulgates a new or revised 

NAAQS, CAA section 110(a)(1) requires 

states to make ‘‘infrastructure SIP 

submissions’’ to provide for the 

implementation, maintenance, and 

enforcement of the NAAQS. These 

submissions must meet the various 

requirements of CAA section 110(a)(2), 

as applicable. Due to ambiguity in some 

of the language of CAA section 

110(a)(2), EPA believes that it is 

appropriate to interpret these provisions 

in the specific context of acting on 

infrastructure SIP submissions. EPA has 

previously provided comprehensive 

guidance on the application of these 

provisions through a guidance 

document for infrastructure SIP 

submissions and through regional 

actions on infrastructure submissions.3

Unless otherwise noted below, we are 

following that approach in acting on 

this submission. In addition, in the 

context of acting on such infrastructure 

submissions, EPA evaluates the 

submitting state’s SIP for compliance 

with statutory and regulatory 

requirements, not for the state’s 

implementation of its SIP.4 EPA has 

other authority to address any issues 

concerning a state’s implementation of 

the rules, regulations, consent orders, 

etc. that comprise its SIP. 

B. What guidance did EPA use to 

evaluate Maine’s infrastructure SIP for 

the 2015 ozone standard? 

EPA highlighted the statutory 

requirement to submit infrastructure 

SIPs within 3 years of promulgation of 

a new NAAQS in an October 2, 2007, 

guidance document entitled ‘‘Guidance 

on SIP Elements Required Under 

Sections 110(a)(1) and (2) for the 1997 

8-hour Ozone and PM2.5 National 

Ambient Air Quality Standards’’ (2007 

memorandum).5 EPA has issued 

additional guidance documents and 

memoranda, including a September 13, 

2013, guidance document entitled 

‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act Sections 110(a)(1) 

and 110(a)(2)’’ (2013 memorandum). 

II. EPA’s Evaluation of Maine’s 

Infrastructure SIP for the 2015 Ozone 

Standard 

Maine’s February 14, 2020, 

submission includes a detailed list of 

Maine Laws and SIP-approved Air 

Quality Regulations that show precisely 

how each component of its EPAapproved SIP meets the requirements of 

section 110(a)(2) of the CAA for the 

2015 ozone NAAQS. The following 

review evaluates the state’s submission 

in light of section 110(a)(2) 

requirements and relevant EPA 

guidance. For Maine’s February 2020 

infrastructure submission, we provide 

an evaluation of the applicable Section 

110(a)(2) elements, excluding the 

transport provisions. 

A. Section 110(a)(2)(A)—Emission 

Limits and Other Control Measures 

This section (also referred to in 

today’s action as an element) of the Act 

requires SIPs to include enforceable 

emission limits and other control 

measures, means or techniques, 

schedules for compliance, and other 

related matters. However, EPA has long 

interpreted emission limits and control 

measures for attaining the standards as 

being due when nonattainment 

planning requirements are due.6 In the 

context of an infrastructure SIP, EPA is 

not evaluating the existing SIP 

provisions for this purpose. Instead, 

EPA is only evaluating whether the 

state’s SIP has basic structural 

provisions for the implementation of the 

NAAQS. 

In its February 2020 submittal for the 

2015 ozone NAAQS, Maine cites state 

laws and regulations in satisfaction of 

element A. Maine DEP statutory 

authority with respect to air quality is 

set out in 38 MRSA Chapter 4, 

‘‘Protection and Improvement of Air.’’ 

Legislative authority giving DEP general 

authority to promulgate regulations is 

codified at 38 MRSA Chapter 2, 

Subchapter 1: ‘‘Organization and 

Powers.’’ Statutory authority to establish 

emission standards and regulations 

implementing ambient air quality 

standards is contained in 38 MRSA 

Chapter 4, sections 585 and 585–A. 

Under element A of its February 14, 

2020, infrastructure SIP submittal for 

the 2015 ozone NAAQS, the Maine DEP 

cites over 30 state regulations that it has 

adopted to control emissions related to 

ozone and the ozone precursors, 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs). Some of 

these, with their EPA approval citation,7

are listed here: 06–096 Code of Maine 

Regulations (CMR) Chapter 111 

Petroleum Liquid Storage Vapor Control 

(79 FR 65587; November 5, 2014); 

Chapter 115 Emission License 

Regulations (81 FR 50353; August 1, 

2016); Chapter 127 New Motor Vehicle 

Emission Standards (70 FR 21959; April 

28, 2005); Chapter 129 Surface Coating 

facilities 77 FR 30216; May 22, 2012); 

Chapter 134 Reasonably Available 

Control Technology for Facilities that 

Emit Volatile Organic Compounds (65 

FR 20749; April 18, 2000); Chapter 138 

Reasonably Available Control 

Technology for Facilities that Emit 

Nitrogen Oxides (67 FR 57148; 

September 9, 2002); and Chapter 145 

NOX Control Program (70 FR 11879; 

March 10, 2005). 

On May 22, 2019, Maine submitted a 

SIP revision containing Maine’s updated 

Chapter 110, ‘‘Ambient Air Quality 

Standards,’’ which was previously 

approved by EPA on June 24, 2014. See 

79 FR 35695. The updates to Chapter 

110 incorporate the current NAAQS for 

ozone and PM2.5, and update and align 

the rules governing the Maine ambient 

air quality standards to provide 

consistency with the federal NAAQS. 

Therefore, EPA is proposing to approve 

updated Chapter 110 into the SIP. 

Consequently, we are also proposing to 

convert to full approval previous 

conditional approvals of section 

110(a)(2)(A) for Maine’s infrastructure 

SIPs for the 1997 and 2006 PM2.5

NAAQS (October 16, 2012; 77 FR 

63228). 

EPA proposes that Maine meets the 

infrastructure requirements of section 

110(a)(2)(A) for the 2015 ozone NAAQS. 

B. Section 110(a)(2)(B)—Ambient Air 

Quality Monitoring/Data System 

This section requires SIPs to provide 

for establishment and operation of 

appropriate devices, methods, systems, 

and procedures necessary to monitor, 

compile, and analyze ambient air 

quality data, and to make these data 

available to EPA upon request. Each 

year, states submit annual air 


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8EPA’s approval letter is included in the docket 

for this action. 

monitoring network plans to EPA for 

review and approval. EPA’s review of 

these annual monitoring plans includes 

our evaluation of whether the state: (i) 

Monitors air quality at appropriate 

locations throughout the state using 

EPA-approved Federal Reference 

Methods or Federal Equivalent Method 

monitors; (ii) submits data to EPA’s Air 

Quality System (AQS) in a timely 

manner; and (iii) provides EPA Regional 

Offices with prior notification of any 

planned changes to monitoring sites or 

the network plan. 

Pursuant to authority granted to it by 

38 Maine Revised Statutes Annotated 

(MRSA) §§ 341–A(1) and 584–A, Maine 

DEP operates an air quality monitoring 

network, and EPA approved the state’s 

2020 Annual Air Monitoring Network 

Plan for ozone on September 11, 2019.8

Furthermore, DEP populates AQS 

with air quality monitoring data in a 

timely manner, and provides EPA with 

prior notification when considering a 

change to its monitoring network or 

plan. EPA proposes that Maine has met 

the infrastructure SIP requirements of 

section 110(a)(2)(B) with respect to the 

2015 ozone NAAQS. 

C. Section 110(a)(2)(C)—Program for 

Enforcement of Control Measures and 

for Construction or Modification of 

Stationary Sources 

States are required to include a 

program providing for enforcement of 

all SIP measures and for the regulation 

of construction of new or modified 

stationary sources to meet new source 

review (NSR) requirements under 

prevention of significant deterioration 

(PSD) and nonattainment new source 

review (NNSR) programs. Part C of the 

CAA (sections 160–169B) addresses 

PSD, while part D of the CAA (sections 

171–193) addresses NNSR requirements. 

The evaluation of each state’s 

submission addressing the 

infrastructure SIP requirements of 

section 110(a)(2)(C) covers the 

following: (i) Enforcement of SIP 

measures; (ii) PSD program for major 

sources and major modifications; and 

(iii) a permit program for minor sources 

and minor modifications. 

Sub-Element 1: Enforcement of SIP 

Measures 

Maine’s authority for enforcing SIP 

measures is established in 38 MRSA 

Section 347–A, ‘‘Violations,’’ 38 MRSA 

Section 347–C, ‘‘Right of inspection and 

entry,’’ 38 MRSA Section 348, ‘‘Judicial 

Enforcement,’’ 38 MRSA Section 349, 

‘‘Penalties,’’ and 06–096 CMR Chapter 

115, ‘‘Major and Minor Source Air 

Emission License Regulations,’’ and 

includes processes for both civil and 

criminal enforcement actions. 

Construction of new or modified 

stationary sources in Maine is regulated 

by 06–096 CMR Chapter 115, ‘‘Major 

and Minor Source Air Emission License 

Regulations,’’ which requires best 

available control technology (BACT) 

controls for PSD sources, including the 

ozone precursors VOC and NOX. EPA 

proposes that Maine has met the 

enforcement of SIP measures 

requirements of section 110(a)(2)(C) 

with respect to the 2015 ozone NAAQS. 

Sub-Element 2: PSD Program for Major 

Sources and Major Modifications 

Prevention of significant deterioration 

(PSD) applies to new major sources or 

modifications made to major sources for 

pollutants where the area in which the 

source is located is in attainment of, or 

unclassifiable with regard to, the 

relevant NAAQS. EPA interprets the 

CAA as requiring each state to make an 

infrastructure SIP submission for a new 

or revised NAAQS demonstrating that 

the air agency has a complete PSD 

permitting program in place satisfying 

the current requirements for all 

regulated NSR pollutants. 

Maine DEP’s EPA-approved PSD 

rules, contained at 06–096 CMR Chapter 

115, ‘‘Major and Minor Source Air 

Emission License Regulations,’’ contain 

provisions that address applicable 

requirements for all regulated NSR 

pollutants, including Greenhouse Gases 

(GHGs). 

In determining whether a state has a 

comprehensive PSD permit program, 

EPA reviews the SIP to ensure that the 

air agency has a PSD permitting 

program meeting the current 

requirements for all regulated NSR 

pollutants, including the following EPA 

rules: The ‘‘Final Rule to Implement the 

8-Hour Ozone National Ambient Air 

Quality Standard—Phase 2; Final Rule 

to Implement Certain Aspects of the 

1990 Amendments Relating to New 

Source Review and Prevention of 

Significant Deterioration as They Apply 

in Carbon Monoxide, Particulate Matter, 

and Ozone NAAQS; Final Rule for 

Reformulated Gasoline’’ (the ‘‘Phase 2 

Rule’’), 70 FR 71612 (November 29, 

2005); the ‘‘Implementation of the New 

Source Review (NSR) Program for 

Particulate Matter Less than 2.5 

Micrometers (PM2.5)’’ (the ‘‘2008 NSR 

Rule’’), 73 FR 28321 (May 16, 2008); and 

the ‘‘Prevention of Significant 

Deterioration (PSD) for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5)—Increments, Significant Impact 

Levels (SILs) and Significant Monitoring 

Concentration (SMC)’’ (the ‘‘2010 NSR 

Rule’’), 75 FR 64864 (October 20, 2010. 

In our proposal on March 26, 2018, 

regarding the submittal of infrastructure 

SIPS for the 2008 Pb, 2008 ozone, and 

2010 NO2 NAAQS by the Maine DEP, 

we explained how Maine’s SIP meets 

the requirements of the Phase 2 Rule, 

the 2008 NSR Rule, and the 2010 NSR 

Rule. See 83 FR 12905. Based on our 

rationale contained in the March 26, 

2018, notice, we propose to approve 

Maine’s infrastructure SIP submittal 

with respect to the requirements of the 

Phase 2 Rule, the 2008 NSR Rule, and 

the 2010 NSR Rule. 

We are proposing to approve Maine’s 

February 2020 infrastructure submittal 

for this PSD sub-element of section 

110(a)(2)(C) for the 2015 ozone NAAQS. 

Sub-Element 3: Preconstruction 

Permitting for Minor Sources and Minor 

Modifications 

To address the pre-construction 

regulation of the modification and 

construction of minor stationary sources 

and minor modifications of major 

stationary sources, an infrastructure SIP 

submission should identify the existing 

EPA-approved SIP provisions and/or 

include new provisions that govern the 

minor source pre-construction program 

that regulate emissions of the relevant 

NAAQS pollutants. 

EPA last approved revisions to 

Maine’s minor NSR program on August 

1, 2016 (81 FR 50353). Maine and EPA 

rely on the existing minor NSR program 

in 06–096 CMR Chapter 115 to ensure 

that new and modified sources not 

captured by the major NSR permitting 

programs do not interfere with 

attainment and maintenance of the 2015 

ozone NAAQS. 

We are proposing to find that Maine 

has met the requirement to have a SIPapproved minor new source review 

permit program as required under 

Section 110(a)(2)(C) for the 2015 ozone 

NAAQS. 

D. Section 110(a)(2)(D)—Interstate 

Transport 

One of the structural requirements of 

section 110(a)(2) is section 

110(a)(2)(D)(i), also known as the ‘‘good 

neighbor’’ provisions, which generally 

requires SIPs to contain adequate 

provisions to prohibit in-state emissions 

activities from having certain adverse 

air quality effects on neighboring states 

due to interstate transport of air 

pollution. 

In particular, section 110(a)(2)(D)(i)(I) 

requires SIPs to include provisions 

prohibiting any source or other type of 

emissions activity in one state from 

emitting any air pollutant in amounts 


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9 Included in the docket for today’s action. 

that will contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS in another 

state. EPA commonly refers to these 

requirements as Prong 1 (significant 

contribution to nonattainment) and 

Prong 2 (interference with 

maintenance). A state’s SIP submission 

for Prongs 1 and 2 is also referred to as 

a state’s ‘‘Transport SIP.’’ In today’s 

action, EPA is not evaluating Maine’s 

Transport SIP (i.e., Prongs 1 and 2; 

combined as (D)1 in Table 1 below). 

EPA will address Maine’s Transport SIP 

for the 2015 ozone NAAQS in a future 

action. 

Today’s action, however, does address 

Section 110(a)(2)(D)(i)(II), which 

requires SIPs to contain adequate 

provisions to prohibit emissions that 

will interfere with measures included in 

the applicable implementation plan for 

any other state under part C of the Act 

to prevent significant deterioration of air 

quality and to protect visibility. EPA 

commonly refers to these requirements 

as Prong 3 (Prevention of Significant 

Deterioration) and Prong 4 (Visibility 

Protection). Today’s action also 

addresses Section 110(a)(2)(D)(ii) of the 

Act, which requires SIPs to contain 

provisions to ensure compliance with 

sections 126 and 115 of the Act relating 

to interstate and international pollution 

abatement, respectively. 

Section 110(a)(2)(D)(i)(II)—PSD (Prong 

3) 

To prevent significant deterioration of 

air quality, this sub-element requires 

SIPs to include provisions that prohibit 

any source or other type of emissions 

activity in one state from interfering 

with measures that are required in any 

other state’s SIP under Part C of the 

CAA. As explained in the 2013 

memorandum,9 a state may meet this 

requirement with respect to in-state 

sources and pollutants that are subject 

to PSD permitting through a 

comprehensive PSD permitting program 

that applies to all regulated NSR 

pollutants and that satisfies the 

requirements of EPA’s PSD 

implementation rules. Maine has a 

comprehensive PSD permitting program 

in place satisfying the current 

requirements for all regulated NSR 

pollutants, as explained above in the 

discussion of Section 110(a)(2)(C). 

For in-state sources not subject to 

PSD, this requirement can be satisfied 

through a fully approved nonattainment 

new source review (NNSR) program 

with respect to any previous NAAQS. 

EPA approved revisions to Maine’s 

NNSR regulations on February 14, 1996. 

See 61 FR 5690. These NNSR 

regulations contain provisions for how 

the state must treat and control sources 

in nonattainment areas, consistent with 

40 CFR 51.165, or appendix S to 40 CFR 

part 51. 

For these reasons, EPA proposes to 

approve Maine’s submittal for the PSD 

requirements of 110(a)(2)(D)(i)(II) for the 

2015 ozone NAAQS. 

Section 110(a)(2)(D)(i)(II)—Visibility 

Protection (Prong 4) 

Prong 4 requires a state’s SIP to have 

adequate provisions prohibiting 

emissions in amounts that will interfere 

with measures in other states’ SIPs to 

protect visibility. The prong 4 

requirement is closely connected to the 

regional haze program under part C of 

the CAA, in which states work together 

in a regional planning process to 

determine each state’s contribution to 

the visibility impairment in that region 

and agree to emission reduction 

measures to improve visibility. Maine is 

a member of the Mid-Atlantic/North 

East Visibility Union. EPA regulations 

require that a state participating in a 

regional planning process include in its 

regional haze SIP all measures needed 

to achieve its apportionment of 

emission reduction obligations agreed 

upon through that process. See, e.g., 40 

CFR 51.308(d)(3). Thus, a fully 

approved regional haze SIP meeting the 

requirements of 40 CFR 51.308 will 

ensure that emissions from sources 

under an air agency’s jurisdiction are 

not interfering with measures required 

to be included in other air agencies’ 

plans to protect visibility and will, 

therefore, satisfy Prong 4. 

EPA approved Maine’s Regional Haze 

SIP on April 24, 2012 (77 FR 24385). 

Accordingly, EPA proposes that Maine 

meets the visibility protection 

requirements of 110(a)(2)(D)(i)(II) for the 

2015 ozone NAAQS. 

Section 110(a)(2)(D)(ii)—Interstate 

Pollution Abatement 

This sub-element requires that each 

SIP contain provisions requiring 

compliance with requirements of CAA 

section 126 relating to interstate 

pollution abatement. Section 126(a) 

requires new or modified sources to 

notify neighboring states of potential 

impacts from the source. The statute 

does not specify the method by which 

the source should provide the 

notification. States with SIP-approved 

PSD programs must have a provision 

requiring such notification by new or 

modified sources. 

EPA-approved regulations require the 

Maine DEP to provide pre-construction 

notice of new or modified sources to, 

among others, ‘‘any State . . . whose 

lands may be affected by emissions from 

the source or modification.’’ See 06–096 

CMR Chapter 115, § IX(E)(3); approved 

March 23, 1993 (58 FR 15422). Such 

notice ‘‘shall announce availability of 

the application, the Department’s 

preliminary determination in the form 

of a draft order, the degree of increment 

consumption that is expected from the 

source or modification, as well as the 

opportunity for submission of written 

public comment.’’ See 06–096 CMR 

Chapter 115, § IX(E)(2). 

These public notice requirements are 

consistent with the Federal SIPapproved PSD program’s public notice 

requirements for affected states under 

40 CFR 51.166(q). Therefore, we 

propose to approve Maine’s compliance 

with the infrastructure SIP requirements 

of CAA section 126(a) for the 2015 

ozone NAAQS. Maine has no 

obligations under any other provision of 

CAA section 126, and no source or 

sources within the state are the subject 

of an active finding under section 126 

with respect to the 2015 ozone NAAQS. 

Section 110(a)(2)(D)(ii)—International 

Pollution Abatement 

This sub-element also requires each 

SIP to contain provisions requiring 

compliance with the applicable 

requirements of CAA section 115 

relating to international pollution 

abatement. Section 115 authorizes the 

Administrator to require a state to revise 

its SIP to alleviate international 

transport into another country where 

the Administrator has made a finding 

with respect to emissions of a NAAQS 

pollutant and its precursors, if 

applicable. There are no final findings 

under section 115 against Maine with 

respect to the 2015 ozone NAAQS. 

Therefore, EPA is proposing that Maine 

has met the applicable infrastructure 

SIP requirements of section 

110(a)(2)(D)(ii) related to CAA section 

115 for the 2015 ozone NAAQS. 

E. Section 110(a)(2)(E)—Adequate 

Resources 

Section 110(a)(2)(E)(i) requires each 

SIP to provide assurances that the state 

will have adequate personnel, funding, 

and legal authority under state law to 

carry out its SIP. In addition, section 

110(a)(2)(E)(ii) requires each state to 

comply with the requirements for state 

boards in CAA section 128. Finally, 

section 110(a)(2)(E)(iii) requires that, 

where a state relies upon local or 

regional governments or agencies for the 

implementation of its SIP provisions, 

the state retain responsibility for 

ensuring implementation of SIP 

obligations with respect to relevant 


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10https://www.maine.gov/budget/sites/ 

maine.gov.budget/files/inline-files/Annual%20

Report%202018-2019%20NEW.PDF. 

11By email dated October 20, 2020, Maine DEP 

clarified that it was requesting to add 38 MRSA 

§ 341–C(8) to the SIP, except subparagraph (A), 

which addresses Board member participation in 

decisions regarding permits issued under the Clean 

Water Act. The October 20, 2020, email is included 

in the docket for this action. 

NAAQS. Section 110(a)(2)(E)(iii), 

however, does not apply to this action 

because Maine does not rely upon local 

or regional governments or agencies for 

the implementation of its SIP 

provisions. 

Sub-Element 1: Adequate Personnel, 

Funding, and Legal Authority Under 

State Law To Carry Out Its SIP, and 

Related Issues 

Maine, through its infrastructure SIP 

submittal, has documented that its air 

agency has authority and resources to 

carry out its SIP obligations. Maine cites 

38 MRSA § 341–A, ‘‘Department of 

Environmental Protection,’’ 38 MRSA 

§ 341–D, ‘‘Board responsibilities and 

duties,’’ 38 MRSA § 342, 

‘‘Commissioner, duties,’’ and 38 MRSA 

§ 581, ‘‘Declaration of findings and 

intent.’’ These statutes provide the 

Maine DEP with the legal authority to 

enforce air pollution control 

requirements and carry out SIP 

obligations with respect to the 2015 

ozone NAAQS. Additionally, state law 

provides the DEP with the authority to 

assess preconstruction permit fees and 

annual operating permit fees from air 

emissions sources and establishes a 

general revenue reserve account within 

the general fund to finance the state 

clean air programs. Maine also receives 

CAA sections 103 and 105 grant funds 

through Performance Partnership Grants 

along with required state-matching 

funds to provide funding necessary to 

carry out SIP requirements. 

Maine states in its February 14, 2020, 

submittal for 2015 ozone NAAQS that 

the Bureau of Air Quality had a staff of 

53 and a budget of $4.8 million for FY 

2016. ME DEP staff and operations are 

funded by the State and through EPA 

grants, including annual funding 

through CAA sections 103 and 105 to 

assist with the costs of implementing 

programs for the prevention and control 

of air pollution or implementation of 

national primary and secondary ambient 

air quality standards. Maine also has an 

EPA-approved fee program under CAA 

title V which is used to support title V 

program elements such as permitting, 

monitoring, testing, inspections, and 

enforcement. Furthermore, ME DEP’s 

budget has been consistent over the past 

number of years and over these years 

Maine has been able to meet its 

statutory commitments under the Act.10

Based upon Maine’s submittal and this 

additional information, EPA proposes 

that Maine meets the infrastructure SIP 

requirements of this sub-element of 

section 110(a)(2)(E) for the 2015 ozone 

NAAQS. 

Sub-Element 2: State Board 

Requirements Under Section 128 of the 

CAA 

Section 110(a)(2)(E)(ii) requires each 

SIP to contain provisions that comply 

with the state board requirements of 

section 128(a) of the CAA. That 

provision contains two explicit 

requirements: (1) That any board or 

body which approves permits or 

enforcement orders under this chapter 

shall have at least a majority of members 

who represent the public interest and do 

not derive any significant portion of 

their income from persons subject to 

permits and enforcement orders under 

this chapter, and (2) that any potential 

conflicts of interest by members of such 

board or body or the head of an 

executive agency with similar powers be 

adequately disclosed. Section 128 

further provides that a state may adopt 

more stringent conflicts of interest 

requirements and requires EPA to 

approve any such requirements 

submitted as part of a SIP. 

Maine DEP consists of a 

Commissioner and a Board of 

Environmental Protection (‘‘BEP’’ or 

‘‘Board’’), which is an independent 

authority under state law that reviews 

certain permit applications in the first 

instance and also renders final decisions 

on appeals of permitting actions taken 

by the Commissioner as well as some 

enforcement decisions by the 

Commissioner. Because the Board has 

authority under state law to hear 

appeals of some CAA permits and 

enforcement orders, EPA considers that 

the Board has authority to ‘‘approve’’ 

those permits or enforcement orders, as 

recommended in the 2013 Guidance at 

42, and that the requirement of CAA 

§ 128(a)(1) applies to Maine—that is, 

that ‘‘any board or body which approves 

permits or enforcement orders under 

this chapter shall have at least a 

majority of members who represent the 

public interest and do not derive any 

significant portion of their income from 

persons subject to permits and 

enforcement orders under this chapter.’’ 

Pursuant to state law, the BEP 

consists of seven members appointed by 

the Governor, subject to confirmation by 

the State Legislature. See 38 MRSA 

§ 341–C(1). The purpose of the Board ‘‘is 

to provide informed, independent and 

timely decisions on the interpretation, 

administration and enforcement of the 

laws relating to environmental 

protection and to provide for credible, 

fair and responsible public participation 

in department decisions.’’ Id. § 341–B. 

State law further provides that Board 

members ‘‘must be chosen to represent 

the broadest possible interest and 

experience that can be brought to bear 

on the administration and 

implementation of’’ Maine’s 

environmental laws and that ‘‘[a]t least 

3 members must have technical or 

scientific backgrounds in environmental 

issues and no more than 4 members may 

be residents of the same congressional 

district.’’ Id. § 341–C(2). As EPA has 

also explained in previous notices of 

proposed rulemakings related to Maine 

infrastructure SIP submittals, section 

341–C fulfills the requirement that at 

least a majority of Board members 

represent the public interest, but it does 

not address the requirement that at least 

a majority ‘‘not derive any significant 

portion of their income from persons 

subject to’’ air permits and enforcement 

orders. See, e.g., 83 FR 66184 at 66192 

(December 26, 2018). Nor is section 

341–C(2) currently in Maine’s SIP. Id. In 

those previous actions, however, Maine 

DEP committed to revise section 341–C 

to address the requirement that at least 

a majority of Board members ‘‘not 

derive a significant portion of their 

income from persons subject to’’ air 

permits or enforcement orders and to 

submit the necessary provisions to EPA 

for inclusion in the SIP. Id. 

On September 4, 2019, Maine did so, 

submitting revisions to 38 MRSA 

sections 341–C(2) and 341–C(8) for 

inclusion in the SIP.11

Maine revised section 341–C(2) by 

adding one word, indicating that Board 

members ‘‘must be chosen to represent 

the broadest possible public interest and 

experience that can be brought to bear 

on the administration and 

implementation of’’ Maine’s 

environmental laws. (emphasis added). 

EPA concludes that the addition of the 

word ‘‘public’’ only strengthens the 

conclusion that Maine fulfills the 

requirement that at least a majority of 

Board members represent the public 

interest. As for section 341–C(8), it now 

provides that: 

A board member may not participate in the 

review of or act on any permitting decision 

or enforcement order under the federal Clean 

Air Act . . . if the board member receives or 

derives a significant portion of that board 

member’s income from persons subject to 

permits or enforcement orders under the 

federal Clean Air Act. Board members whose 

participation is restricted under this 

paragraph shall recuse themselves from all 


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12See Memorandum from David O. Bickart to 

Regional Air Directors, ‘‘Guidance to States for 

Meeting Conflict of Interest Requirements of 

Section 128,’’ Suggested Definitions, March 2, 1978, 

included in the docket for this action. 

13NEI data are available at https://www.epa.gov/ 

air-emissions-inventories. 

permitting and enforcement matters under 

the federal Clean Air Act. 

38 MRSA § 341–C(8)(B). Section 341– 

C(8) further provides, as recommended 

in EPA guidance,12 that ‘‘a significant 

portion of income’’ means ‘‘10% or 

more of gross personal income for a 

calendar year’’ or ‘‘50% or more if the 

recipient is over 60’’ and receives it 

‘‘under retirement, pension or similar 

arrangement.’’ 

EPA proposes that section 341–C(2) 

and (8)(B) satisfy the requirements of 

CAA § 128(a)(1) that at least a majority 

of Board members ‘‘represent the public 

interest and do not derive any 

significant portion of their income from 

persons subject to’’ air permits and 

enforcement orders. EPA also proposes 

to add revised sections 341–C(2) and 

(8)(B) to the SIP, as requested by Maine 

DEP. We are also proposing to convert 

to full approval our previous 

conditional approvals of Maine’s 

infrastructure SIP submittals for the 

2008 ozone, 2008 Pb and 2010 NO2

NAAQS (June 18, 2018; 83 FR 28157); 

the 2010 SO2 NAAQS (April 30, 2019; 

84 FR 18142); the 1997 and 2006 PM2.5

NAAQS (October 16, 2012; 77 FR 

63228); and the 2012 PM2.5 NAAQS 

(October 1, 2018; 83 FR 49295) for these 

particular requirements of section 

110(a)(2)(E)(ii). 

As noted above, section 128(a)(2) of 

the Act provides that ‘‘any potential 

conflicts of interest by members of such 

board or body or the head of an 

executive agency with similar powers be 

adequately disclosed.’’ The purpose of 

section 128(a)(2) is to assure that 

conflicts of interest are disclosed by the 

ultimate decision maker in permit or 

enforcement order decisions. See, e.g., 

80 FR 42446, 42454 (July 17, 2015). 

Although the Board is the ultimate 

decision maker on air permitting 

decisions in Maine, certain air 

enforcement orders of the Maine DEP 

Commissioner are not reviewable by the 

Board, but rather may be appealed 

directly to Maine Superior Court. For 

this reason, EPA interprets the potential 

conflict-of-interest requirements of CAA 

§ 128(a)(2) to be applicable in Maine to 

both Board members and the DEP 

Commissioner. 

In the infrastructure SIP action for the 

2008 Pb, 2008 ozone, and 2010 NO2

NAAQS, EPA determined that Maine’s 

conflict of interest statute, 5 MRSA § 18, 

and a provision explicitly making it 

applicable to Board members, 38 MRSA 

§ 341–C(7), together satisfy the CAA 

section 128(a)(2) requirement for Maine 

with respect to Board members, and 

EPA approved both statutes into the 

Maine SIP. See 83 FR 28157 (June 18, 

2018). For more information, see 83 FR 

12905, 12912 (March 26, 2018). EPA 

proposes that Maine’s SIP also satisfies 

CAA section 128(a)(2) with respect to 

Board members for the 2015 ozone 

NAAQS for the same reasons. 

Regarding the DEP Commissioner, 

state law at 38 MRSA § 341–A(3)(D) also 

explicitly makes that official subject to 

5 MRSA § 18, thus satisfying CAA 

section 128(a)(2) with respect to the 

Commissioner. While 38 MRSA § 341– 

A(3)(D) is not currently in the SIP, 

Maine DEP submitted it to EPA on 

September 4, 2019, and requested that it 

be added to the SIP. Therefore, we 

propose to approve, and incorporate 

into the Maine SIP, 38 MRSA § 341– 

A(3)(D) for the 2015 ozone NAAQS. We 

also propose to convert previous 

conditional approvals of Maine’s 

infrastructure SIP submittals for the 

2008 ozone; 2008 Pb; 2010 NO2; 2010 

SO2; 1997, 2006, and 2012 PM2.5

NAAQS to full approvals for section 

128(a)(2). 

In sum, and for the reasons provided 

above, EPA proposes that Maine meets 

the infrastructure SIP requirements of 

section 110(a)(2)(E)(ii) for the 2015 

ozone NAAQS. 

F. Section 110(a)(2)(F)—Stationary 

Source Monitoring System 

States must establish a system to 

monitor emissions from stationary 

sources and submit periodic emissions 

reports. Each plan shall also require the 

installation, maintenance, and 

replacement of equipment, and the 

implementation of other necessary 

steps, by owners or operators of 

stationary sources to monitor emissions 

from such sources. The state plan shall 

also require periodic reports on the 

nature and amounts of emissions and 

emissions-related data from such 

sources, and correlation of such reports 

by each state agency with any emission 

limitations or standards established 

pursuant to this chapter. Lastly, the 

reports shall be available at reasonable 

times for public inspection. 

Maine’s infrastructure submittal 

references several existing state 

regulations that require sources to 

monitor emissions and submit reports. 

Maine 06–096 CMR Chapter 117, 

‘‘Source Surveillance’’ specifies airemission sources that are required to 

operate continuous emission monitoring 

systems (CEMS) and details the 

performance specifications, quality 

assurance requirements and procedures 

for such systems, and subsequent record 

keeping and reporting requirements. See 

54 FR 11524 (August 9, 1988). Maine 

06–096 CMR Chapter 137, ‘‘Emission 

Statements’’ requires sources to monitor 

and report annually to Maine DEP 

emissions of criteria pollutants and 

other emissions-related information 

under certain circumstances. See 82 FR 

20257 (May 1, 2017). 

Maine cites its regulation for 

implementing its operating permit 

program pursuant to 40 CFR part 70: 

06–096 CMR Chapter 140, ‘‘Part 70 Air 

Emission License Regulations.’’ These 

regulations identify the sources of air 

emissions that require a Part 70 air 

emission license and incorporate the 

requirements of Title IV and Title V of 

the Clean Air Act, as amended, 42 

U.S.C. 7401, et seq.; and 38 MRSA 

§§ 344 and 590. These regulations 

contain compliance assurance 

requirements regarding monitoring and 

reporting for licensed sources requiring 

a Part 70 air emission license. See 66 FR 

52874 (October 18, 2001). In addition, 

Maine cites 06–096 CMR Chapter 115, 

‘‘Major and Minor Source Air Emission 

License Regulations,’’ which contains 

compliance assurance requirements for 

licensed sources. See 81 FR 50353 

(August 1, 2016). 

Regarding the section 110(a)(2)(F) 

requirements that the SIP provides for 

correlation and public availability of 

emission reports, Maine’s emission 

statement rule, Chapter 137, requires 

facilities to report emissions of air 

pollutants on an annual basis. The 

Maine DEP uses a web-based electronic 

reporting system, the Maine Air 

Emissions Inventory Reporting System 

(‘‘MAIRIS’’), to submit reported 

emissions data to EPA under the 

national emission inventory (NEI) 

program. NEI data are available to the 

public.13 The MAIRIS system 

electronically correlates reported 

emissions data with permit conditions 

and other applicable standards and 

identifies inconsistencies and potential 

compliance concerns. 

In addition, Maine DEP certifies that 

Maine’s Freedom of Access law does not 

include any exceptions that apply to 

stationary source emissions and that 

there are no provisions in Maine law 

that would prevent the use of any 

credible evidence of noncompliance, as 

required by 40 CFR 51.212. See also 06– 

096 CMR Chapter 140, § 3(E)(7)(a)(v) 

(‘‘Notwithstanding any other provision 

in the State Implementation Plan 

approved by the EPA or Section 114(a) 

of the CAA, any credible evidence may 


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be used for the purpose of establishing 

whether a person has violated or is in 

violation of any statute, regulation, or 

Part 70 license requirement.’’). 

EPA proposes that Maine meets the 

infrastructure SIP requirements of 

section 110(a)(2)(F) for the 2015 ozone 

NAAQS. 

G. Section 110(a)(2)(G)—Emergency 

Powers 

This section requires that a plan 

provide for state authority analogous to 

that provided to the EPA Administrator 

in section 303 of the CAA, and adequate 

contingency plans to implement such 

authority. Section 303 of the CAA 

provides authority to the EPA 

Administrator to seek a court order to 

restrain any source from causing or 

contributing to emissions that present 

an ‘‘imminent and substantial 

endangerment to public health or 

welfare, or the environment.’’ Section 

303 further authorizes the Administrator 

to issue ‘‘such orders as may be 

necessary to protect public health or 

welfare or the environment’’ in the 

event that ‘‘it is not practicable to assure 

prompt protection . . . by 

commencement of such civil action.’’ 

We propose to find that a combination 

of state statutes and regulations 

discussed in Maine’s submittal provides 

for authority comparable to that given 

the Administrator in CAA section 303, 

as explained below. First, 38 MRSA 

§ 347–A, ‘‘Emergency Orders,’’ provides 

that ‘‘[w]henever it appears to the 

commissioner, after investigation, that 

there is a violation of the laws or 

regulations [DEP] administers or of the 

terms or conditions of any of [DEP’s] 

orders that is creating or is likely to 

create a substantial and immediate 

danger to public health or safety or to 

the environment, the commissioner may 

order the person or persons causing or 

contributing to the hazard to 

immediately take such actions as are 

necessary to reduce or alleviate the 

danger.’’ See 38 MRSA § 347–A(3). 

Section 347–A further authorizes the 

DEP Commissioner to initiate an 

enforcement action in state court in the 

event of a violation of such emergency 

order issued by the Commissioner. Id. 

§ 347–A(1)(A)(4). Similarly, 38 MRSA 

§ 348, ‘‘Judicial Enforcement,’’ 

authorizes DEP to institute injunction 

proceedings ‘‘[i]n the event of a 

violation of any provision of the laws 

administered by [DEP] or of any order, 

regulation, license, permit, approval, 

administrative consent agreement or 

decision of the board or commissioner.’’ 

Id. § 348(1). Section 348 also authorizes 

DEP to seek a court order to a restrain 

a source if it ‘‘finds that the discharge, 

emission or deposit of any materials 

into any waters, air or land of th[e] State 

constitutes a substantial and immediate 

danger to the health, safety or general 

welfare of any person, persons or 

property.’’ Id. § 348(3). Thus, these 

provisions authorize DEP to issue an 

administrative order or to seek a court 

order to restrain any source from 

causing or contributing to emissions 

that present an imminent and 

substantial endangerment to public 

health or welfare, or the environment, if 

there is also a violation of a law, 

regulation, order, or permit 

administered or issued by DEP, as the 

case may be. 

Maine also cites 38 MRSA § 591, 

‘‘Prohibitions,’’ as contributing to its 

authority. Section 591 provides that 

‘‘[n]o person may discharge air 

contaminants into ambient air within a 

region in such manner as to violate 

ambient air quality standards 

established under this chapter or 

emission standards established pursuant 

to section 585, 585–B or 585–K.’’ In 

those cases where emissions of ozone, 

or ozone precursors may be causing or 

contributing to an ‘‘imminent and 

substantial endangerment to public 

health or welfare, or the environment,’’ 

a violation of § 591 would also occur, 

since Maine law provides that ambient 

air quality standards are designed to 

prevent ‘‘air pollution,’’ id. § 584, which 

state law expressly defines as ‘‘the 

presence in the outdoor atmosphere of 

one or more air contaminants in 

sufficient quantities and of such 

characteristics and duration as to be 

injurious to human, plant or animal life 

or to property, or which unreasonably 

interfere with the enjoyment of life and 

property,’’ id. § 582(3) (emphasis 

added). 

In its submittal, Maine further 

explains that sections 347–A and 591 

‘‘together authorize the Commissioner to 

issue an emergency order upon finding 

an apparent violation of DEP laws or 

regulations to address emissions of 

criteria pollutants, air contaminants 

governed by standards promulgated 

under section 585, and hazardous air 

pollutants governed by standards 

promulgated under section 585–B.’’ 

Maine explains that, in the unlikely 

event that air emissions create a 

substantial or immediate threat to the 

public health, safety, or to the 

environment without violating any DEP 

law or regulation, the DEP 

commissioner can notify the Governor 

of an imminent threat, and the Governor 

can then exercise emergency authority 

under 37–B MRSA § 742 to issue an 

order to terminate the cause of the 

emergency. In the declaration of a state 

of emergency, the Governor may, among 

other things, ‘‘[o]rder the termination, 

temporary or permanent, of any process, 

operation, machine or device which 

may be causing or is understood to be 

the cause of the state of emergency,’’ id. 

§ 742(1)(C)(11). 

Finally, Maine’s submittal cites 06– 

096 CMR Chapter 109, ‘‘Emergency 

Episode Regulations,’’ which sets forth 

various emission reduction plans 

intended to prevent air pollution from 

reaching levels that would cause 

imminent and substantial harm and 

recognizes the Commissioner’s authority 

to issue additional emergency orders 

pursuant to 38 MRSA § 347–A, as 

necessary to the health of persons, by 

restricting emissions during periods of 

air pollution emergencies. For these 

reasons, we propose to find that Maine’s 

submittal and certain state statutes and 

regulations provide for authority 

comparable to that provided to the 

Administrator in CAA § 303. 

Section 110(a)(2)(G) also requires that, 

for any NAAQS, Maine have an 

approved contingency plan for any Air 

Quality Control Region (AQCR) within 

the state that is classified as Priority I, 

IA, or II. See 40 CFR 51.152(c). A 

contingency plan is not required if the 

entire state is classified as Priority III for 

a particular pollutant. Id. All AQCRs in 

Maine are classified as Priority III areas 

for NO2 and ozone, pursuant to 40 CFR 

52.1021. Consequently, as relevant to 

this proposed rulemaking action, 

Maine’s SIP does not need to contain an 

emergency contingency plan meeting 

the specific requirements of 51.152 with 

respect to NO2 and ozone. 

Maine does, however, as a matter of 

practice, post on the internet daily 

forecasted ozone levels through the EPA 

AIRNOW and EPA ENVIROFLASH 

systems. Information regarding these 

two systems is available on EPA’s 

website at www.airnow.gov. Notices are 

sent out to ENVIROFLASH participants 

when levels are forecast to exceed the 

current 8-hour ozone standard. In 

addition, when levels are expected to 

exceed the ozone standard in Maine, the 

media are alerted via a press release, 

and the National Weather Service 

(NWS) is alerted to issue an Air Quality 

Advisory through the normal NWS 

weather alert system. These actions are 

similar to the notification and 

communication requirements of 40 CFR 

51.152. 

EPA proposes that Maine meets the 

applicable infrastructure SIP 

requirements for section 110(a)(2)(G), 

including contingency-plan 

requirements, for the 2015 ozone 

NAAQS. 


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H. Section 110(a)(2)(H)—Future SIP 

Revisions 

This section requires that a state’s SIP 

provide for revision from time to time 

as may be necessary to take account of 

changes in the NAAQS or availability of 

improved methods for attaining the 

NAAQS and whenever EPA finds that 

the SIP is substantially inadequate. 

Maine’s infrastructure submittal 

references 38 MRSA § 581, ‘‘Declaration 

of findings and intent,’’ which 

characterizes the state’s laws regarding 

the Protection and Improvement of Air 

as an exercise of ‘‘the police power of 

the State in a coordinated state-wide 

program to control present and future 

sources of emission of air contaminants 

to the end that air polluting activities of 

every type shall be regulated in a 

manner that reasonably insures the 

continued health, safety and general 

welfare of all of the citizens of the State; 

protects property values and protects 

plant and animal life.’’ 

In addition, we note that Maine DEP 

is required by statute to ‘‘prevent, abate 

and control the pollution of the air[, to] 

preserve, improve and prevent 

diminution of the natural environment 

of the State[, and to] protect and 

enhance the public’s right to use and 

enjoy the State’s natural resources.’’ See 

38 MRSA § 341–A(1). Furthermore, DEP 

is authorized to ‘‘adopt, amend or repeal 

rules and emergency rules necessary for 

the interpretation, implementation and 

enforcement of any provision of law that 

the department is charged with 

administering.’’ Id. § 341–H; see also id. 

§ 585–A (recognizing DEP’s rulemaking 

authority to propose SIP revisions). 

These statutes give Maine DEP the 

power to revise the Maine SIP from time 

to time as may be necessary to take 

account of changes in the NAAQS or the 

availability of improved methods for 

attaining the NAAQS and whenever the 

EPA finds that the SIP is substantially 

inadequate. Therefore, EPA proposes 

that Maine meets the infrastructure SIP 

requirements of CAA section 

110(a)(2)(H) with respect to the 2015 

ozone NAAQS. 

I. Section 110(a)(2)(I)—Nonattainment 

Area Plan or Plan Revisions Under Part 

D 

Section 110(a)(2)(I) provides that each 

plan or plan revision for an area 

designated as a nonattainment area shall 

meet the applicable requirements of part 

D of the CAA. EPA interprets section 

110(a)(2)(I) to be inapplicable to the 

infrastructure SIP process because 

specific SIP submissions for designated 

nonattainment areas, as required under 

part D, are subject to a different 

submission schedule under subparts 2 

through 5 of part D, extending as far as 

10 years following area designations for 

some elements, whereas infrastructure 

SIP submissions are due within three 

years after adoption or revision of a 

NAAQS. Accordingly, EPA takes action 

on part D attainment plans through 

separate processes. 

J. Section 110(a)(2)(J)—Consultation 

With Government Officials; Public 

Notifications; Prevention of Significant 

Deterioration; Visibility Protection 

Section 110(a)(2)(J) of the CAA 

requires that each SIP ‘‘meet the 

applicable requirements of section 121 

of this title (relating to consultation), 

section 127 of this title (relating to 

public notification), and part C of this 

subchapter (relating to PSD of air 

quality and visibility protection).’’ The 

evaluation of the submission from 

Maine with respect to these 

requirements is described below. 

Sub-Element 1: Consultation With 

Government Officials 

Pursuant to CAA section 121, a state 

must provide a satisfactory process for 

consultation with local governments 

and Federal Land Managers (FLMs) in 

carrying out its NAAQS implementation 

requirements. 

Maine 38 MRSA § 341–A(1) 

authorizes Maine DEP to ‘‘prevent, abate 

and control the pollution of the air[,] 

improve and prevent diminution of the 

natural environment of the State[,] 

protect and enhance the public’s right to 

use and enjoy the State’s natural 

resources and . . . educate the public 

on natural resource use, requirements 

and issues.’’ Maine state law further 

provides that one of the purposes of the 

BEP is ‘‘to provide for credible, fair and 

responsible public participation in 

department decisions,’’ 38 MRSA § 341– 

B, and authorizes it to ‘‘cooperate with 

other state or federal departments or 

agencies to carry out’’ its 

responsibilities, id. § 341–F(6). In 

addition, 06–096 CMR Chapter 115, 

§ IX(E)(3), which was approved by EPA 

on March 23, 1993, requires DEP to 

provide notice to relevant municipal 

officials and FLMs, among others, of 

DEP’s preparation of a draft permit for 

a new or modified source. See 58 FR 

15422. 

In addition, with respect to area 

reclassifications to Class I, II, or III for 

PSD purposes, the DEP is required to 

offer an opportunity for a public hearing 

and to consult with appropriate FLMs. 

See 38 MRSA § 583–B; and 06–096 CMR 

Chapter 114, § 1(E). Maine’s 

Transportation Conformity rule at 06– 

096 CMR Chapter 139 also provides 

procedures for interagency consultation, 

resolution of conflicts, and public 

consultation and notification. Finally, 

the Maine Administrative Procedure Act 

(Maine Revised Statutes Title 5, Chapter 

375, subchapter 2) requires notification 

and provision of comment opportunities 

to all parties affected by proposed 

regulations. All SIP revisions undergo 

public notice and opportunity for 

hearing, which allows for comment by 

the public, including local governments. 

EPA proposes that Maine meets the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) for the 

2015 ozone NAAQS. 

Sub-Element 2: Public Notification 

Pursuant to CAA section 127, states 

must notify the public if NAAQS are 

exceeded in an area, advise the public 

of health hazards associated with 

exceedances, and enhance public 

awareness of measures that can be taken 

to prevent exceedances and of ways in 

which the public can participate in 

regulatory and other efforts to improve 

air quality. 

As mentioned above, 38 MRSA § 341– 

A(1) authorizes Maine DEP to, among 

other things, ‘‘educate the public on 

natural resource use, requirements and 

issues.’’ To that end, the DEP issues 

press releases and posts warnings on its 

website advising people what they can 

do to help prevent NAAQS exceedances 

and avoid adverse health effects on poor 

air quality days. In addition, the Maine 

DEP website includes near real-time air 

quality data, and a record of historical 

data. Air quality forecasts are 

distributed daily via email to interested 

parties. Air quality alerts are sent by 

email to a large number of affected 

parties, including the media. Alerts 

include information about the health 

implications of elevated pollutant levels 

and list actions to reduce emissions and 

to reduce the public’s exposure. Also, 

Air Quality Data Summaries of the 

year’s air quality monitoring results are 

issued annually and posted on the 

Maine DEP website. The state is also an 

active partner in EPA’s AirNow and 

EnviroFlash air quality alert programs. 

EPA proposes that Maine meets the 

infrastructure SIP requirements of this 

portion of section 110(a)(2)(J) for the 

2015 ozone NAAQS. 

Sub-Element 3: PSD 

EPA has already discussed Maine’s 

PSD program in the context of 

infrastructure SIPs in the paragraphs 

addressing section 110(a)(2)(C) and 

110(a)(2)(D)(i)(II) and determined that it 

satisfies the requirements of EPA’s PSD 

implementation rules. Therefore, the 

SIP also satisfies the PSD sub-element of 


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section 110(a)(2)(J) for the 2015 ozone 

NAAQS. EPA proposes to approve the 

SIP for the PSD sub-element of section 

110(a)(2)(J) for the 2015 ozone NAAQS. 

Sub-Element 4: Visibility Protection 

States are subject to visibility and 

regional haze program requirements 

under part C of the CAA (which 

includes sections 169A and 169B). In 

the event of the establishment of a new 

NAAQS, however, the visibility and 

regional haze program requirements 

under part C do not change. Thus, as 

noted in EPA’s 2013 memorandum, we 

find that there is no new visibility 

obligation ‘‘triggered’’ under section 

110(a)(2)(J) when a new NAAQS 

becomes effective. In other words, the 

visibility protection requirements of 

section 110(a)(2)(J) are not germane to 

infrastructure SIPs for the 2015 ozone 

NAAQS. Therefore, we are not 

proposing action on this sub-element. 

K. Section 110(a)(2)(K)—Air Quality 

Modeling/Data 

Section 110(a)(2)(K) of the Act 

requires that a SIP provide for the 

performance of such air quality 

modeling as the EPA Administrator may 

prescribe for the purpose of predicting 

the effect on ambient air quality of any 

emissions of any air pollutant for which 

EPA has established a NAAQS, and the 

submission, upon request, of data 

related to such air quality modeling. 

EPA has published modeling guidelines 

at 40 CFR part 51, Appendix W, for 

predicting the effects of emissions of 

criteria pollutants on ambient air 

quality. EPA also recommends in the 

2013 memorandum that, to meet section 

110(a)(2)(K), a state submit or reference 

the statutory or regulatory provisions 

that provide the air agency with the 

authority to conduct such air quality 

modeling and to provide such modeling 

data to EPA upon request. 

Maine state law implicitly authorizes 

Maine DEP to perform air quality 

modeling and provide such modeling 

data to EPA upon request. See 38 MRSA 

§§ 341–A(1), 581, 591–B. In addition, 

EPA-approved 06–096 CMR Chapter 

115, ‘‘Major and Minor Source Air 

Emissions License Regulations,’’ and 

06–096 CMR Chapter 140 Part 70, ‘‘Air 

Emission License Regulations,’’ provide 

that any modeling required for preconstruction permits and operating 

permits for minor and major sources be 

performed consistent with EPAprescribed modeling guidelines at 40 

CFR part 51, appendix W. Chapter 115 

also requires that applicants submit data 

related to modeling to Maine DEP. See 

06–096 CMR chapter 115, § VII.E. 

Consequently, the SIP provides for such 

air quality modeling as the 

Administrator has prescribed and for 

the submission, upon request, of data 

related to such modeling. 

In its infrastructure submittal, DEP 

also cites 06–096 CMR Chapter 116, 

‘‘Prohibited Dispersion Techniques,’’ 

which includes regulations applicable 

to the State’s air quality modeling 

consistent with federal requirements 

concerning stack height and other 

dispersion techniques, such as merging 

of plumes. These regulations also define 

the area surrounding the source where 

ambient air quality standards do not 

have to be met. Maine also collaborates 

with the Ozone Transport Commission 

(OTC) and the Mid-Atlantic Regional 

Air Management Association and EPA 

in order to perform large-scale urban air 

shed modeling for ozone if necessary. 

EPA proposes that Maine meets the 

requirements of section 110(a)(2)(K) for 

the 2015 ozone NAAQS. 

L. Section 110(a)(2)(L)—Permitting Fees 

This section requires SIPs to mandate 

that each major stationary source pay 

permitting fees to cover the costs of 

reviewing, approving, implementing, 

and enforcing a permit. 

Maine implements and operates a 

Title V permit program, see 38 MRSA 

§ 353–A; 06–096 CMR Chapter 140, 

which was approved by EPA on October 

18, 2001, see 66 FR 52874. To gain this 

approval, Maine demonstrated the 

ability to collect sufficient fees to run 

the program. See 61 FR 49289 

(September 19, 1996). Maine also notes 

in its infrastructure submittal that the 

costs of all CAA permitting, 

implementation, and enforcement for 

new or modified sources are covered by 

Title V fees, which are set by Maine 

DEP. See 38 MRSA §§ 353–A, 352(2)(E). 

Therefore, EPA proposes that Maine 

meets the infrastructure SIP 

requirements of section 110(a)(2)(L) for 

the 2015 ozone NAAQS. 

M. Section 110(a)(2)(M)—Consultation/ 

Participation by Affected Local Entities 

To satisfy Element M, states must 

provide for consultation with, and 

participation by, local political 

subdivisions affected by the SIP. Maine 

Administrative Procedure Act, 5 MRSA 

Chapter 375, requires public notice of 

all SIP revisions prior to their adoption, 

which allows for comment by the 

public, including local political 

subdivisions. In addition, Maine cites 

38 MRSA § 597, ‘‘Municipal air 

pollution control,’’ which provides that 

municipalities are not preempted from 

studying air pollution and adopting and 

enforcing ‘‘air pollution control and 

abatement ordinances’’ that are more 

stringent than those adopted by DEP or 

that ‘‘touch on matters not dealt with’’ 

by state law. Finally, Maine cites 

Chapter 9 of Maine’s initial SIP, which 

was approved on May 31, 1972 and 

contains intergovernmental cooperation 

provisions. See 37 FR 10842. 

EPA proposes that Maine meets the 

infrastructure SIP requirements of 

section 110(a)(2)(M) with respect to the 

2015 ozone NAAQS. 

N. Maine Regulations Submitted for 

Incorporation Into the SIP 

As noted under sections 110(a)(2)(A) 

and (E) above, Maine submitted 

revisions to a regulation and to a statute 

for approval into the Maine SIP. On May 

22, 2019, Maine submitted a SIP 

revision containing Maine’s updated 

Chapter 110, ‘‘Ambient Air Quality 

Standards.’’ EPA is proposing to 

approve this revised regulation into the 

Maine SIP in order to update Maine’s 

ambient air quality standards to be 

consistent with the 2015 ozone and 

2012 PM2.5, and to align the rules 

governing the Maine ambient air quality 

standards to provide consistency with 

the federal NAAQS. 

On September 4, 2019, to meet 

conflict-of-interest requirements of 

section 110(a)(2)(E) for the 2015 ozone 

NAAQS, as well as for previous 

infrastructure submittals for other 

NAAQS, Maine submitted Maine Public 

Law 2019, Chapter 180 amending 38 

MRS Sections 341–C(2) and 341–C(8), 

effective September 19, 2019; and 38 

MRS Section 341–A(3)(D), effective June 

15, 2011. EPA is proposing to approve 

these conflict-of-interest provisions into 

the Maine SIP. 

III. EPA’s Evaluation of Maine’s 

Negative Declaration for the Oil and 

Gas Industry for the 2008 and 2015 

Standards 

On May 18, 2020, Maine submitted a 

negative declaration for the 2016 Oil 

and Natural Gas Industry CTG for the 

2008 and 2015 ozone standards. The 

term ‘‘negative declaration’’ means that 

the state has explored whether any 

facilities subject to the applicability 

requirements of the CTG exist within 

the state and concluded that there are 

no such sources within its borders. The 

negative declaration means that Maine 

has no applicable stationary sources of 

VOC that are covered by this CTG. This 

is consistent with EPA’s understanding 

of where sources subject to the Oil and 

Natural Gas Industry CTG are located 

based on EPA data resources of 

industrial activity within the United 

States, such as the National Emissions 

Inventory (NEI) database of sources of 

air pollution, which is available at: 


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https://www.epa.gov/air-emissionsinventories/national-emissionsinventory-nei. We also note that EPA 

Region 1 worked with Maine, and EPA 

headquarters’ technical experts on the 

CTG, to review the applicability criteria 

of EPA’s 2016 Oil and Gas CTG to assist 

Maine with its determination. 

Therefore, we are proposing to approve 

Maine’s negative declaration into the 

SIP. 

IV. Proposed Action 

EPA is proposing to approve most of 

the elements of the infrastructure SIP 

submitted by Maine on February 14, 

2020, for the 2015 ozone NAAQS. 

Today’s action does not include the 

‘‘good neighbor’’ provisions (i.e., section 

110(a)(2)(D)(i)), also known as a state’s 

Transport SIP. Maine’s Transport SIP for 

the 2015 ozone NAAQS will be 

addressed in a future action. 

EPA’s proposed action regarding each 

infrastructure SIP requirement for the 

2015 ozone NAAQS is contained in 

Table 1 below. 

TABLE 1—PROPOSED ACTION ON NEW HAMPSHIRE’S INFRASTRUCTURE SIP SUBMITTAL FOR THE 2015 OZONE NAAQS 

Element 2015 ozone 

NAAQS 

(A): Emission limits and other control measures ................................................................................................................................ A 

(B): Ambient air quality monitoring and data system .......................................................................................................................... A 

(C)1: Enforcement of SIP measures ................................................................................................................................................... A 

(C)2: PSD program for major sources and major modifications ......................................................................................................... A 

(C)3: PSD program for minor sources and minor modifications ......................................................................................................... A 

(D)1: Contribute to nonattainment/interfere with maintenance of NAAQS ......................................................................................... No action 

(D)2: PSD ............................................................................................................................................................................................ A 

(D)3: Visibility Protection ..................................................................................................................................................................... A 

(D)4: Interstate Pollution Abatement ................................................................................................................................................... A 

(D)5: International Pollution Abatement .............................................................................................................................................. A 

(E)1: Adequate resources .................................................................................................................................................................... A 

(E)2: State boards ............................................................................................................................................................................... A 

(E)3: Necessary assurances with respect to local agencies .............................................................................................................. NA 

(F): Stationary source monitoring system ........................................................................................................................................... A 

(G): Emergency power ........................................................................................................................................................................ A 

(H): Future SIP revisions ..................................................................................................................................................................... A 

(I): Nonattainment area plan or plan revisions under part D .............................................................................................................. + 

(J)1: Consultation with government officials ........................................................................................................................................ A 

(J)2: Public notification ........................................................................................................................................................................ A 

(J)3: PSD ............................................................................................................................................................................................. A 

(J)4: Visibility protection ....................................................................................................................................................................... + 

(K): Air quality modeling and data ....................................................................................................................................................... A 

(L): Permitting fees .............................................................................................................................................................................. A 

(M): Consultation and participation by affected local entities ............................................................................................................. A 

In the above table, the key is as follows: 

A: Approve. 

+: Not germane to infrastructure SIPs. 

No action: EPA is taking no action on this infrastructure requirement. 

NA: Not applicable. 

EPA also is proposing to approve, and 

incorporate into the Maine SIP, the 

following Regulation, submitted on May 

28, 2019, and Statutes, submitted on 

September 4, 2019: 

06–096 CMR Chapter 110, ‘‘Ambient 

Air Quality Standards,’’ effective March 

27, 2019. 

Maine Public Law 2019, Chapter 180 

amending 38 MRS Sections 341–C(2) 

and 341–C(8) (except 341–C(8)A), 

effective September 19, 2019. 

Maine Public Law 2011, Chapter 357 

amending 38 MRS Section 341–A(3)(D), 

effective June 15, 2011. 

In addition, we are proposing to 

convert to full approvals previous 

conditional approvals of section 

110(a)(2)(E) in Maine’s infrastructure 

SIPs for the 2008 ozone; 2008 Pb; 2010 

NO2; 2010 SO2; and 1997, 2006, and 

2012 PM2.5 NAAQS, as well as previous 

conditional approvals of section 

110(a)(2)(A) in Maine’s infrastructure 

SIPS for the 1997 and 2006 PM2.5. 

Finally, we are proposing to approve 

a negative declaration for EPA’s 2016 

CTG entitled ‘‘Control Techniques 

Guidelines for the Oil and Natural Gas 

Industry’’ for the 2008 and 2015 ozone 

standards into the Maine SIP. 

EPA is soliciting public comments on 

the issues discussed in this proposal or 

on other relevant matters. These 

comments will be considered before 

EPA takes final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

comments to this proposed rule by 

following the instructions listed in the 

ADDRESSES section of this Federal 

Register. 

IV. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

amendments to Maine’s regulation 

Chapter 110, Ambient Air Quality 

Standards, and conflict-of-interest 

provisions in Maine’s 38 MRSA Section 

341. EPA has made, and will continue 

to make, these documents generally 

available through https://

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this proposed action 

merely approves state law as meeting 

Federal requirements and does not 


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impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not expected to be an Executive 

Order 13771 regulatory action because 

this action is not significant under 

Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 2, 2020. 

Dennis Deziel, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2021–00458 Filed 1–21–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[EPA–HQ–OPPT–2020–0565; FRL–10019– 

39] 

TSCA Section 21 Petition for 

Rulemaking; Reasons for Agency 

Response; Denial of Requested 

Rulemaking 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Petition; reasons for Agency 

response. 

SUMMARY: This document provides the 

reasons for the Environmental 

Protection Agency’s (EPA’s) response to 

a petition it received under the Toxic 

Substances Control Act (TSCA) from the 

Center for Environmental Health, Cape 

Fear River Watch, Clean Cape Fear, 

Democracy Green, Toxic Free NC, and 

the NC Black Alliance on October 14, 

2020. Generally, the petitioners 

requested that EPA initiate a rulemaking 

proceeding or issue an order under 

TSCA compelling health and 

environmental effects testing on 54 Perand Polyfluoroalkyl Substances (PFAS) 

that the petitioners assert are 

manufactured by The Chemours 

Company (Chemours) at its chemical 

production facility in Fayetteville, 

North Carolina. The petitioners also 

request that EPA ask the National 

Academy of Sciences to create an 

independent science panel to oversee all 

aspects of the testing program requested 

by the petitioners. After careful 

consideration, EPA denied the TSCA 

petition for reasons discussed in this 

document. 

DATES: EPA’s response to this TSCA 

section 21 petition was signed January 

7, 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2020–0565, is 

available online at https://

www.regulations.gov or in-person at the 

Office of Pollution Prevention and 

Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC. 

The Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPPT 

Docket is (202) 566–0280. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Public Reading 

Room are closed to visitors with limited 

exceptions. The EPA/DC staff continue 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Daniel R. Ruedy, Data Gathering and 

Analysis Division (7410M), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–7974; email address: ruedy.daniel@

epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. This action, however, may be 

of particular interest to those persons 

who manufacture (which includes 

import), distribute in commerce, 

process, use, or dispose of one or more 

of the 54 Per- and Polyfluoroalkyl 

Substances (PFAS) identified in the 

petition. Since other entities may also 

be interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. 

B. What is EPA’s authority for taking 

this action? 

Under TSCA section 21 (15 U.S.C. 

2620), any person can petition EPA to 

initiate a proceeding for the issuance, 

amendment, or repeal of a rule under 

TSCA sections 4, 6, or 8, or to issue an 

order under TSCA sections 4, 5(e), or 

5(f). A TSCA section 21 petition must 

set forth the facts which it is claimed 

establish that it is necessary to initiate 

the action requested. EPA is required to 

grant or deny the petition within 90 

days of its filing. If EPA grants the 

petition, the Agency must promptly 


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