Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50353 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 30, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 18, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320, the table in paragraph 

(e) is amended by adding the entry ‘‘(70) 

State Implementation Plan (SIP) 

Revision for the Attainment and 

Maintenance of National Ambient Air 

Quality Standards for Regional Haze 

(2014 Five-Year Progress Report)’’ in 

numerical order to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area 

State 

submittal 

date 

EPA approval date Explanation 

*******

(70) State Implementation Plan (SIP) Revision for 

the Attainment and Maintenance of National 

Ambient Air Quality Standards for Regional 

Haze (2014 Five-Year Progress Report).

Statewide ...................... 8/5/14 8/1/16 [Insert Federal 

Register citation].

[EPA–R07–OAR–2015– 

0581; FRL–9949–68– 

Region 7]. 

[FR Doc. 2016–17785 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0291, FRL–9949–58– 

Region 1] 

Air Plan Approval; Maine: Prevention 

of Significant Deterioration; PM2.5

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to fully approve revisions to the 

State of Maine’s State Implementation 

Plan (SIP) relating to the regulation of 

fine particulate matter (that is, particles 

with an aerodynamic diameter less than 

or equal to a nominal 2.5 micrometer, 

generally referred to as ‘‘PM2.5’’) within 

the context of Maine’s Prevention of 

Significant Deterioration (PSD) program. 

EPA is also taking direct final action on 

other minor changes to Maine’s PSD 

program. Actions related to this direct 

final rulemaking are being taken in 

accordance with the Clean Air Act 

(CAA). 

DATES: This direct final rule is effective 

September 30, 2016, unless EPA 

receives adverse comments by August 

31, 2016. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2014–0291 at http://

www.regulations.gov, or via email to 

bird.patrick@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 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Bird, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (mail code OEP05– 

2), Boston, MA 02109–3912; telephone 

number: (617) 918–1287; email address: 

bird.patrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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50354 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Analysis of Maine’s SIP Revisions 

III. Description of Codification Issues in 

Maine’s SIP 

IV. Final Action 

V. Incorporation by Reference 

VI. Statutory and Executive Order Reviews 

I. Background and Purpose 

The State of Maine PSD program is 

established in 06–096 Code of Maine 

Regulations (CMR), Chapter 100 

(Definitions Regulation), Chapter 113 

(Growth Offset Regulation), and Chapter 

115 (Major and Minor Source Air 

Emission License Regulations). Maine 

implements its PSD program 

requirements under Chapter 115. 

Revisions to the PSD program were last 

approved into the Maine SIP on 

February 14, 1996 (61 FR 5690). Maine 

has authority to issue and enforce PSD 

permits under its SIP-approved PSD 

program. 

On February 14, 2013, the State of 

Maine Department of Environmental 

Protection (DEP) submitted a formal 

revision to its SIP. The SIP revision 

included the amendments to certain 

portions of Chapter 100 and Chapter 115 

to incorporate PM2.5 into the PSD 

permitting program. On May 31, 2016, 

Maine DEP submitted additional 

revisions to its PSD program for SIP 

approval, which includes minor 

changes to: (1) The Chapter 100 

definition of ‘‘ambient increment;’’ (2) a 

portion of the Chapter 100 definition of 

‘‘regulated pollutant;’’ and (3) the 

Chapter 100 definition of ‘‘significant 

emissions increase.’’ Pursuant to section 

110 of the CAA, EPA is approving these 

revisions into the Maine SIP. 

II. Analysis of Maine’s SIP Revisions 

EPA performed a review of Maine’s 

proposed revisions and has determined 

that they are consistent with EPA’s PSD 

program regulations. Maine submitted 

for approval amendments to the 

definition of ‘‘ambient increment’’ at 

Chapter 100.11, amendments to the 

definition of ‘‘baseline concentration’’ at 

Chapter 100.16, a new definition for 

‘‘PM2.5’’ at Chapter 100.133, 

amendments to the definition of ‘‘PM10’’ 

at Chapter 100.134, amendments to a 

portion of the definition of ‘‘regulated 

pollutant’’ at Chapter 100.149(I); and 

amendments to the definition of 

‘‘significant emissions increase’’ at 

Chapter 100.156. Maine also submitted 

amendments to the section of Chapter 

115 related to ‘‘innovative control 

technology waivers’’ and also added a 

section to Chapter 115 relating to major 

new and modified source growth 

analyses. 

The previously SIP-approved 

definition of ‘‘ambient increment’’ has 

been amended to include PM2.5 as a 

pollutant of consideration and to add 

specificity related to the time period 

that must be considered when 

determining existing source baseline 

emissions for PM2.5, PM10, sulfur 

dioxide (SO2), and nitrogen dioxide 

(NO2). These changes are relevant to 

conducting an increment consumption 

analysis under the State’s PSD permit 

program. 

Maine’s approach in determining 

baseline emissions for purposes of an 

increment consumption analysis 

remains unchanged when compared to 

the previously approved provisions in 

Maine’s SIP. The SIP revisions we are 

approving in this document adds PM2.5

as an additional pollutant to consider 

when conducting an increment analysis, 

and clarifies in the definition of 

‘‘ambient increment,’’ the emissions 

baseline years used in the analyses for 

each covered pollutant. Although 

Maine’s approach to establishing a 

baseline emissions concentration as part 

of an increment consumption analysis 

differs to some extent from the approach 

taken under the federal PSD regulations 

codified at 40 CFR 51.166, EPA has 

determined that those minor differences 

do not result in a different baseline 

emissions concentration calculation and 

Maine’s approach is therefore 

functionally equivalent to the federal 

PSD regulations. For example, Maine’s 

regulation identifies a specific year, e.g., 

2010 for PM2.5, to be used to calculate 

baseline emissions concentrations for an 

increment consumption analysis. 

Although the approach taken under the 

federal PSD regulations would result in 

the use of a slightly different time 

period for calculating baseline 

emissions, EPA has analyzed the 

relevant permitting transactions using 

Maine’s time period and the federal PSD 

regulations’ time period and concluded 

that the calculation yields the same 

result in each case. Thus, the baseline 

emissions calculation for PM2.5 under 

Maine’s regulation yields the same 

result calculated under the federal PSD 

regulations. 

The definition of ‘‘baseline 

concentration’’ at Chapter 100.16 has 

been amended to include a reference to 

PM2.5 as a pollutant of consideration. 

The definition has also been revised in 

terms of formatting when compared to 

the previously SIP-approved definition. 

The PM2.5 baseline concentration date is 

October 20, 2010, meaning the actual 

emissions representative of sources in 

existence on that date shall be included 

in determining the ambient baseline 

concentration for purposes of an 

increment determination. Emissions 

increases and decreases after the 

baseline concentration date shall impact 

available increment in the baseline 

concentration area. In a note to the 

definition of ‘‘baseline concentration,’’ 

Maine states the baseline area is 

considered to be the entire State of 

Maine, which is consistent with how 

Maine’s PSD program has functioned in 

previous EPA SIP-approved versions. 

Maine’s SIP revision also adds a 

definition of ‘‘PM2.5’’ at Chapter 

100.133. The definition is consistent 

with EPA’s treatment of PM2.5 in the 

definition of ‘‘Regulated NSR Pollutant’’ 

at 40 CFR 51.166(b)(49)(i)(a), with one 

exception. EPA’s definition of 

‘‘regulated air pollutant’’ states, among 

other things, that ‘‘PM2.5 and PM10

emissions shall include gaseous 

emissions from a source or activity 

which condense to form particulate 

matter at ambient temperatures.’’ EPA’s 

definition also states that ‘‘[o]n or after 

January 1, 2011, such condensable 

particulate matter shall be accounted for 

in applicability determinations and in 

establishing emissions limitations for 

PM2.5 and PM10 in PSD permits.’’ 

Maine’s definition of PM2.5 became 

effective as state law on December 1, 

2012, and therefore does not include 

EPA’s January 1, 2011 date. Maine DEP 

has confirmed in a communication with 

EPA Region 1 that Maine’s definition 

requires consideration of condensable 

particulate matter as of the effective date 

of the State’s regulation (there is no 

explicit date at all included in Maine’s 

definition). EPA believes this is a 

reasonable approach. Maine’s definition 

of PM2.5 also includes clarification as to 

how PM2.5 is to be measured and 

designated, by cross referencing 40 CFR 

part 50, appendix L (Reference Method 

for the Determination of Fine Particulate 

Matter as PM2.5 in the Atmosphere) and 

40 CFR part 53 (Ambient Air Monitoring 

Reference And Equivalent Methods). We 

are approving Maine’s definition of 

PM2.5.

Revisions to the Maine SIP also 

includes an amendment to the 

definition of ‘‘PM10’’ at Chapter 100.134. 

As with Maine’s definition of PM2.5, 

Maine’s definition of PM10 is consistent 

with EPA’s treatment of PM2.5 in the 

definition of ‘‘Regulated NSR Pollutant’’ 

at 40 CFR 51.166(b)(49)(i)(a), with the 

one exception regarding the date after 

which condensable particulate matter 

must be considered for purposes of PSD 

permitting. Again, EPA believes that 


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Maine’s approach is a reasonable one. 

Similar to the State’s definition of 

‘‘PM2.5,’’ Maine’s definition of PM10

includes clarification as to how PM10 is 

to be measured and designated, by cross 

referencing 40 CFR part 50, appendix J 

(Reference Method for the 

Determination of Fine Particulate Matter 

as PM10 in the Atmosphere) and 40 CFR 

part 53 (Ambient Air Monitoring 

Reference And Equivalent Methods). We 

are approving Maine’s definition of 

PM10. 

A portion of the definition of 

‘‘regulated pollutant’’ at Chapter 

100.149(I) is being amended to clarify 

what precursor pollutants are to be 

regulated under Maine’s PSD permitting 

program. Maine’s treatment of SO2 and 

NOX as precursors to PM2.5 and volatile 

organic compounds and NOX as 

precursors to ozone is consistent with 

EPA’s treatment of these respective 

precursors for purposes of PSD 

permitting as found in the federal 

definition of ‘‘Regulated NSR Pollutant’’ 

at 40 CFR 51.166(b)(49)(i)(b). 

The definition of ‘‘significant 

emissions increase’’ at Chapter 100.156 

is being revised to include significant 

emissions increase rates for PM2.5 and 

precursors to PM2.5 (NOX and SO2). This 

revision to Maine’s SIP is consistent 

with the federal definitions of 

‘‘Significant’’ at 40 CFR 51.166(b)(23)(i) 

and ‘‘Significant emissions increase’’ at 

40 CFR 51.166(b)(39). 

Chapter 115 has been amended to 

include revised text to the State’s 

‘‘Innovative control technology waiver’’ 

provision at Chapter 

115(4)(A)(4)(f)(i)(d)(iii). The innovative 

control technology provision of EPA’s 

PSD program is an optional element 

found at 40 CFR 51.166(s) and allows 

for an owner or operator to request 

approval for a system of innovative 

pollution control. Maine’s amendment 

adds a provision which states that PM10, 

PM2.5, SO2, or NO2 emissions may not 

significantly impact any nonattainment 

areas during the time period the new or 

modified source is reducing continuous 

emissions to a rate greater than or equal 

to the rate that would have been 

required by virtue of a best available 

control technology (BACT) 

determination. We are approving this 

amendment to Maine’s ‘‘Innovative 

control technology waiver’’ provision 

because it is consistent with the intent 

of EPA’s PSD regulations. 

Maine has requested an additional 

provision to be approved into the SIP at 

Chapter 115(4)(A)(4)(h), entitled 

‘‘Growth Analysis.’’ The Maine 

provision requires a permit applicant to 

provide an analysis of air quality 

impacts from all general, commercial, 

residential, industrial, and other growth 

in areas affected by a major modification 

or a major new source. This provision 

aligns with EPA’s regulations at 40 CFR 

51.166(n)(3)(ii) and (o)(2). In 

conjunction with Maine’s definition of 

‘‘ambient increment’’ at Chapter 100.11, 

‘‘baseline concentration’’ at Chapter 

100.16, and Maine’s air quality impact 

analyses requirements contained in 

Chapter 115, Maine’s additional 

provision satisfies requirements to 

conduct an ambient increment 

determination, as specified in EPA’s 

regulation at 40 CFR 51.166(k)(1)(ii). We 

are approving this provision into 

Maine’s SIP. 

III. Description of Codification Issues in 

Maine’s SIP 

The State of Maine regulations found 

within 06–096 CMR Chapters 100 and 

115 have been amended numerous 

times under state law since they were 

originally approved into the SIP. Not all 

of these state law amendments were 

submitted to EPA as formal SIP 

revisions. These ‘‘state-only’’ 

amendments resulted in new text being 

added, existing text being rearranged, 

and, in some cases, changes to how 

Maine regulations are codified. Due to 

such ‘‘state-only’’ amendments to 

Chapters 100 and 115, there are 

instances where the state regulation 

being submitted for approval into the 

SIP at this time does not mesh precisely 

within the existing codification 

structure of the Maine SIP. As a matter 

of substantive legal requirements, 

however, the regulations approved into 

the Maine SIP, including those we are 

approving today, are harmonious and 

clear. 

Below, we describe exactly how each 

definition and provision we are 

approving into Maine’s SIP through this 

document will be incorporated into the 

SIP. In certain instances, the 

amendments to the SIP are 

straightforward and need no detailed 

explanation. In other instances, 

however, we explain below for purposes 

of clarity how the amendments mesh 

with the existing SIP’s structure and 

codification. 

In the existing Maine SIP, the 

definition of ‘‘ambient increment’’ is 

codified at Chapter 100.11. The revised 

definition of ‘‘ambient increment’’ being 

acted on in this document is also 

codified at Chapter 100.11. The revised 

definition will supplant the existing 

definition at Chapter 100.11. 

In the existing Maine SIP, the 

citations for ‘‘baseline concentration,’’ 

‘‘PM10,’’ and ‘‘significant emissions 

increase’’ do not coincide with the 

citations of those terms being approved 

in this document. The existing citation 

for ‘‘baseline concentration’’ is ‘‘Chapter 

100.15;’’ the existing citation for ‘‘PM10’’ 

is ‘‘Chapter 100.122’’ and; the existing 

citation for ‘‘significant emissions 

increase’’ is ‘‘Chapter 100.144.’’ The 

action we are taking in this document 

will involve removing the text of the 

former definitions of ‘‘baseline 

concentration,’’ ‘‘PM10,’’ and 

‘‘significant emissions increase’’ from 

Chapter 100.15, 100.122, and Chapter 

100.144, respectively, and indicate 

those removals by using the term 

‘‘reserved’’ in those locations of the 

Maine SIP. 

The revised definitions of ‘‘baseline 

concentration,’’ ‘‘PM10,’’ and 

‘‘significant emissions increase’’ that we 

are approving in this document will be 

codified in the Maine SIP as Chapter 

100.16, Chapter 100.134, and Chapter 

100. 156, respectively, in the same 

manner that they are codified under 

current state regulation. This change, 

however, results in two different terms 

(with correspondingly different 

definitions), each of which has an 

identical codification. 

Specifically, ‘‘Chapter 100.16’’ will 

now be the correct citation for two 

different terms, as follows. Prior to our 

approval in this document of Maine’s 

revise definition of ‘‘baseline 

concentration,’’ Chapter 100.16 was the 

SIP citation for the term ‘‘Begin actual 

construction.’’ After our approval in this 

document of Maine’s revise definition of 

‘‘baseline concentration,’’ Chapter 

100.16 will be the correct SIP citation 

for two separate terms and their 

definitions: (1) ‘‘Begin actual 

construction’’; and (2) ‘‘Baseline 

concentration.’’ EPA believes that 

implementation of the State’s permitting 

program and the enforceability of these 

terms as part of that program will not be 

compromised because the content of the 

two definitions clearly is different and 

will have been approved by EPA on 

separate dates. Thus, in future legal 

proceedings, a complete and accurate 

citation to one of these two definitions 

should also include the date upon 

which EPA approved the definition in 

question into Maine’s SIP in order to 

distinguish clearly one from the other. 

This result was necessary because 

Maine did not submit its entire revised 

Chapter 100 to EPA for approval into 

the SIP. 

The revised definition of ‘‘PM10’’ that 

we are approving in this document will 

be codified in the Maine SIP as Chapter 

100.134. Chapter 100.134 will now be 

the correct citation for two different 

terms, as follows. Prior to our approval 

in this document of Maine’s revise 

definition of ‘‘PM10,’’ Chapter 100.134 


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50356 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

was the SIP citation for the term 

‘‘Recovery boiler.’’ After our approval in 

this document of Maine’s definition of 

‘‘PM10,’’ Chapter 100.134 will be the 

correct SIP citation for two separate 

terms and their definitions: (1) ‘‘PM10’’; 

and (2) ‘‘Recovery Boiler.’’ EPA believes 

that implementation of the State’s 

permitting program and the 

enforceability of these terms as part of 

that program will not be compromised 

because the content of the two 

definitions clearly is different and will 

have been approved by EPA on separate 

dates. Thus, a complete and accurate 

citation in a future legal proceeding to 

one of these two definitions should also 

include the date upon which EPA 

approved the specific definition in 

question into Maine’s SIP in order to 

distinguish clearly one from the other. 

This result was necessary because 

Maine did not submit its entire revised 

Chapter 100 to EPA for approval into 

the SIP. 

The revised definition of ‘‘significant 

emissions increase’’ that we are 

approving in this document will be 

codified in the Maine SIP as Chapter 

100.156. Chapter 100.156 will now be 

the correct citation for two different 

terms, as follows. Prior to our approval 

in this document of Maine’s revise 

definition of ‘‘Significant emissions 

increase,’’ Chapter 100.156 was the SIP 

citation for the term ‘‘Title I 

Modification.’’ After our approval in 

this document of Maine’s definition of 

‘‘Significant emissions increase,’’ 

Chapter 100.156 will be the correct SIP 

citation for two separate terms and their 

definitions: (1) ‘‘Significant emissions 

increase’’; and (2) ‘‘Title I 

Modification.’’ EPA believes that 

implementation of the State’s permitting 

program and the enforceability of these 

terms as part of that program will not be 

compromised because the content of the 

two definitions clearly is different and 

will have been approved by EPA on 

separate dates. Thus, a complete and 

accurate citation in a future legal 

proceeding to one of these two 

definitions should also include the date 

upon which EPA approved the specific 

definition in question into Maine’s SIP 

in order to distinguish clearly one from 

the other. This result was necessary 

because Maine did not submit its entire 

revised Chapter 100 to EPA for approval 

into the SIP. 

The new definition of ‘‘PM2.5’’ that we 

are approving through this document 

will be codified in the Maine SIP as 

Chapter 100.133. Chapter 100.133 will 

now be the correct citation for two 

different terms, as follows. Prior to our 

approval through this document of 

Maine’s definition of ‘‘PM2.5’’ Chapter 

100.133 was the SIP citation for the term 

‘‘Reconstruction or reconstructed.’’ 

After our approval through this 

document of Maine’s definition of 

‘‘PM2.5’’ Chapter 100.133 will be the 

correct SIP citation for two separate 

terms and their definitions: (1) ‘‘PM2.5’’; 

and (2) ‘‘Reconstruction or 

reconstructed.’’ EPA believes that 

implementation of the State’s permitting 

program and the enforceability of these 

terms as part of that program will not be 

compromised because the content of the 

two definitions clearly is different and 

will have been approved by EPA on 

separate dates. Thus, a complete and 

accurate citation in a future legal 

proceeding to one of these two 

definitions should also include the date 

upon which EPA approved the specific 

definition in question into Maine’s SIP 

in order to distinguish clearly one from 

the other. This result was necessary 

because Maine did not submit its entire 

revised Chapter 100 to EPA for approval 

into the SIP. 

With respect to our approval of a 

paragraph (I) of the definition of 

‘‘Regulated pollutant’’ (codified at 

Chapter 100.149 in the current Maine 

regulation), we recognize the definition 

of ‘‘Regulated pollutant’’ already exists 

in the SIP-approved version of Chapter 

100 (codified at Chapter 100.137). The 

existing SIP-approved definition does 

not contain the required precursor 

language for PM2.5 and ozone, and thus 

EPA will add paragraph (I) from the 

current Maine definition of ‘‘Regulated 

pollutant’’ to the SIP version of 

‘‘Regulated pollutant’’ at Chapter 

100.137. After our approval through this 

document of Maine’s definition of 

‘‘Regulated pollutant,’’ Chapter 

100.137(I) will be the correct SIP 

citation for two separate provisions 

within the same definition. EPA 

believes that implementation of the 

State’s permitting program and the 

enforceability of these terms as part of 

that program will not be compromised 

because the content of the two 

provisions clearly is different and will 

have been approved by EPA on separate 

dates. Thus, a complete and accurate 

citation in a future legal proceeding to 

one of these two provisions should also 

include the date upon which EPA 

approved the specific provision in 

question into Maine’s SIP in order to 

distinguish clearly one from the other. 

This result was necessary because 

Maine did not submit its entire revised 

Chapter 100 to EPA for approval into 

the SIP. 

In this SIP action we are also 

approving an amendment to the State’s 

‘‘Innovative control technology waiver’’ 

provision at Chapter 

115(4)(A)(4)(f)(i)(d)(iii). We are also 

approving a new provision entitled 

‘‘Growth Analysis’’ at Chapter 

115(4)(A)(4)(h). We provide below, an 

explanation relating to the fact that 

Maine’s Chapter 115 has been 

restructured in terms of its codification 

scheme since EPA’s last SIP approval 

action on the chapter. Due to this 

restructuring, the way in which Maine 

references provisions in its February 14, 

2013 submittal (consistent with the 

codification scheme contained in 

current state regulations) is different 

than how the Maine SIP is structured in 

terms of its codification scheme. 

Chapter 115(4)(A)(4)(f)(i)(d)(iii) (the 

State’s current codification) expands on 

a list of existing conditions earlier 

approved by EPA into Maine’s SIP 

concerning prohibitions applicable to an 

innovative control technology waiver. 

The provision being approved in this 

document will be inserted in the Maine 

SIP by adding the new condition in its 

appropriate place within the existing 

regulation earlier approved into the SIP. 

This will be the case despite the fact 

that its codification does not align 

neatly with the codification scheme 

previously approved for the innovative 

control technology waiver. Specifically, 

Chapter 115(4)(A)(4)(f)(i)(d)(iii) will be 

placed between the Maine SIP’s 

provisions codified at Chapter 

115(VI)(B)(1)(b)(iv)(b) and Chapter 

115(VI)(B)(1)(b)(iv)(c). This result was 

necessary because Maine did not submit 

its entire revised Chapter 115 to EPA for 

approval into the SIP. EPA believes the 

difference in codification does not affect 

the enforceability of this provision and 

that, as a substantive legal requirement, 

the new provision meshes as it should 

with the existing substantive 

requirements. 

In this SIP action we are also 

approving a revised provision entitled 

‘‘Growth Analysis,’’ which is currently 

codified under state regulation as 

Chapter 115(4)(A)(4)(h). The provision 

concerns air quality impact information 

an applicant must supply to Maine DEP 

as part of a PSD permit application. This 

provision is an amendment to an 

existing provision previously approved 

into the Maine SIP and codified as 

Chapter 115(III)(B)(5). Maine DEP and 

EPA communicated on how best to 

codify the new provision entitled 

‘‘Growth Analysis’’ at Chapter 

115(4)(A)(4)(h). Maine DEP concurred 

with EPA’s assessment that the new 

provision replaces the older provision, 

which was previously approved into the 

Maine SIP. In this action, the new 

provision will supplant the older 

provision, and the Maine SIP will reflect 

the updated language by marking 


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Chapter 115(III)(B)(5) as ‘‘reserved’’ and 

adding the provision entitled ‘‘Growth 

Analysis’’ at Chapter 115(4)(A)(4)(h) 

immediately after Chapter 115(III)(B)(5) 

in the Maine SIP. This result is 

necessary because Maine did not submit 

its entire revised Chapter 115 to EPA for 

approval into the SIP. EPA believes the 

difference in codification does not affect 

the enforceability of this provision and 

that, as a substantive legal requirement, 

the new provision meshes as it should 

with the existing substantive 

requirements. 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the provisions 

described above in this document as 

submitted in Maine’s February 14, 2013 

submission to EPA. The EPA is 

publishing this action without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revisions should 

relevant adverse comments be filed. 

This rule will be effective September 30, 

2016 without further notice unless the 

Agency receives relevant adverse 

comments by August 31, 2016. 

If the EPA receives such comments, 

then EPA will publish a document 

withdrawing this final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on September 30, 2016 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

V. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference state provisions as 

described above into the Maine SIP. 

EPA has made, and will continue to 

make, these documents generally 

available electronically through 

www.regulations.gov and/or may be 

viewed at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Clean Air 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 action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: July 5, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. Amend § 52.1020 in the table in 

paragraph (c) by revising the entries for 

‘‘Chapter 100’’ and ‘‘Chapter 115’’ to 

read as follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) * * * 


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50358 Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 

EPA-APPROVED MAINE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval date 

EPA approval date and 

citation 1

Explanations 

*******

Chapter 100 ...................... Definitions ................................................................. May 22, 2016 ... August 1, 2016 [Insert 

Federal Register citation].

* * * * * * * 

Chapter 115 ...................... Emission License Regulation ................................... November 6, 

2012.

August 1, 2016 [Insert 

Federal Register citation].

* * * * * * * 

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

* * * * * 

[FR Doc. 2016–17830 Filed 7–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0005; FRL–9949–94– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Measurement and 

Reporting of Condensable Particulate 

Matter Emissions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania. This SIP revision amends 

two regulations to clarify testing and 

sampling methods for stationary sources 

of particulate matter (PM) and adds the 

requirement to measure and report 

filterable and condensable PM. EPA is 

approving this revision in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: This final rule is effective on 

August 31, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2016–0005. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov 

or may be viewed during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 8, 2016 (81 FR 20598), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. In the 

NPR, EPA proposed approval of 

amendments to chapters 121 and 139 of 

title 25, Environmental Protection, of 

the Pennsylvania Code (25 Pa. Code). 

The formal SIP revision was submitted 

by the Commonwealth of Pennsylvania 

on June 15, 2015. 

II. Summary of SIP Revision 

On June 25, 2015, the Commonwealth 

of Pennsylvania submitted a formal SIP 

revision that amends chapters 121 and 

139 of 25 Pa. Code. Amendments to 25 

Pa. Code section 121.1 in chapter 121 

add definitions for the terms 

‘‘condensable particulate matter’’ and 

‘‘filterable particulate matter.’’ The 

amendments to 25 Pa. Code section 

139.12 in chapter 139 add the 

requirement to measure and report 

filterable and condensable PM and 

explain the compliance demonstration 

process. The amendment to 25 Pa. Code 

section 139.53 specifies to whom 

monitoring reports must be submitted. 

Other specific requirements of chapters 

121 and 139 of 25 Pa. Code and the 

rationale for EPA’s proposed action are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving the June 25, 2015 

Pennsylvania SIP revision that amends 

specific provisions within chapters 121 

and 139 of 25 Pa. Code. The 

amendments clarify testing and 

sampling methods and reporting 

requirements for stationary sources of 

PM and add the requirement to measure 

and report filterable and condensable 

PM. 

IV. Incorporation by Reference 

In this rulemaking action, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the revised 

Pennsylvania regulations, published in 

the Pennsylvania Bulletin, Vol. 44 No. 

15, April 12, 2014, and effective on 

April 12, 2014. The EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or 

may be viewed at the appropriate EPA 

office (see the ADDRESSES section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 


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